Milpitas Municipal Code Ch. D.4 Permits and Approvals

This Chapter provides the procedures for the preparation, filing, and processing of applications for planning permits and other entitlements required by this Title.

(Ord. No. 38.858, § 4, 9/2/25)

A. Purpose. The purpose of a Site Development Permit (Site Development Permit and Minor Site Development Permit) is to provide a process for the review and approval or denial of development applications for physical improvements to a site based on their scale, proximity to environmentally sensitive resource areas, or unique design features. See Chapter B.22 ("H" Hillside Combining District) for requirements and review procedures for projects within the "H" Hillside Combining District. The Site Development Permit process is intended to encourage site and structural development which:

1. Respects the physical and environmental characteristics of the site;

2. Ensures safe and convenient access and circulation for pedestrians and vehicles;

3. Exemplifies the best professional site planning and design practices;

4. Encourages individual identity for specific uses and structures;

5. Encourages a distinct community or neighborhood identity; and

6. Minimizes adverse visual impacts.

B. Applicability.

1. Site Development Permit. A Site Development Permit is required for the projects identified in Table D.4.020-A (Projects Requiring a Site Development Permit).

Table D.4.020-A: Projects Requiring a Site Development Permit

Table Notes:

1 The Review Authority (decision-making body) is indicated by the column in which the project type is described.

2 See C.2.040.D (Standards for Fences and Walls within the "H" Hillside Combining District) for the Review Authority for fences and walls in the "H" Hillside Combining District.

2. Minor Site Development Permit. A Minor Site Development Permit is required for the projects identified in Table D.4.020-B (Projects Requiring a Minor Site Development Permit).

Table D.4.020-B: Projects Requiring a Minor Site Development Permit

Table Notes:

1 The Review Authority (decision-making body) is indicated by the column in which the project type is described.

2 Not located in the "H" Hillside Combining District.

3 See C.2.040.D (Standards for Fences and Walls within the "H" Hillside Combining District) for the Review Authority for fences and walls in the "H" Hillside Combining District.

3. Exemptions from Site Development Permit. The following projects are exempt from the requirements for Site Development Permit and are only reviewed with an application for a Building Permit, if required:

a. Multi-family and mixed-use projects that comply with the Milpitas Residential and Mixed-Use Objective Design Standards and are eligible for ministerial review consistent with state law.

b. Construction, reconstruction, alterations, improvements, and landscaping for a project developed in compliance with a previously issued Site Development Permit.

c. Any form of repair or maintenance work where the work solely involves the replacement of materials in like kind and form (e.g., re-roof, window replacement, etc.), or to any repair or maintenance work in areas not visible to the public from the public right-of-way or areas accessible to the public.

d. Routine maintenance that does not result in a change in color, materials, or design.

e. Installation of landscaping no more than 2,500 square feet in an area where no other construction activity is planned.

f. Construction of fences and walls that are consistent with Section C.2.040 (Fences, Walls, and Hedges) and this Title.

g. Alterations and improvements required in whole or part to meet federal or state requirements to accommodate persons with disabilities.

h. New accessory structures that are exempt from obtaining a Building Permit.

i. Accessory dwelling units that comply with the standards in Section C.10.030 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

j. Electric vehicle charging stations within existing parking lots provided they comply with all applicable Building Code standards and Section C.6.090 (Electric Vehicle Charging Spaces). This exemption includes the removal of landscaping to accommodate new electric vehicle charging station ground equipment and new lighting for the safety and security of the charging station.

C. Application Requirements. A Site Development Permit application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Section.

D. Authority. The Review Authorities for Site Development Permits and Minor Site Development Permits are identified in Table D.2.030-A (Review Authorities) and Section D.4.020.B (Applicability), subject to Subsection D.2.040.B.3 (Multiple Applications) and Subsection D.2.040.N (Appeals).

E. Approval Procedures.

1. Director evaluation. After a proposed Site Development Permit application has been deemed complete, the Director shall review the Site Development Permit application to determine whether it conforms with the provisions of this Title in accordance with Chapter D.2 (Procedures).

2. Site Development Permits hearing(s). The Review Authority shall conduct a public hearing on a Site Development Permit consistent with Section D.2.040.G (Public Hearings).

3. Minor Site Development Permits.

a. Zoning Administrator hearing. The Zoning Administrator shall conduct a public hearing on a Minor Site Development Permit consistent with Section D.2.040.G (Public Hearings).

b. Director decision. The Director shall approve or deny a Minor Site Development Permit in compliance with the findings provided in Subsection D.4.020.F (Findings).

F. Findings. The Review Authority may approve a Site Development Permit, with or without conditions of approval, only after making the following findings as applicable:

1. Findings for All Site Development Permits:

a. The proposed project is consistent with this Title;

b. The proposed use and project are consistent with the goals and policies of the General Plan;

c. The project will not be detrimental to public health, safety, and general welfare; and

d. The proposed project is in compliance with the provisions of California Environmental Quality Act.

2. Findings for Specific Projects:

a. The proposed use and project are consistent with the goals and policies of any Specific Plan, if applicable.

b. The proposed siting, form, architectural style, materials, and other elements of multi-family residential and mixed-use developments are consistent with City Objective Design Standards.

c. The proposed siting, form, and architectural style of single-family residential, commercial, and industrial developments are appropriate for the project site and surroundings and create a visually cohesive design, and are consistent with all applicable design standards in this Title.

G. Decision; Appeals; Expiration, Extensions, and Revisions.

1. Decision. The Review Authority's decision shall be in compliance with Subsection D.2.040.H (Findings and Decision).

2. Appeals. The Review Authority's decision may be appealed as provided in Section D.2.040.N (Appeals).

3. Expiration, Extensions, and Revisions. Site Development Permits are subject to expiration as provided in Subsection D.2.040.K (Expiration of Permits) and may only be extended or revised as provided in Subsection D.2.040.L (Extension of Time) and Subsection D.2.040.M (Revisions to an Approved Project).

(Ord. No. 38.858, § 4, 9/2/25)

A. Purpose. The purpose of a Use Permit (i.e., Conditional Use Permit (CUP) and a Minor Conditional Use Permit (MC)) is to allow the proper integration into the city of essential or desirable uses which nevertheless may have an impact on the surrounding environment while ensuring that the uses are, and will continue to be, appropriate for their proposed location and compatible with surrounding existing and planned uses. Use Permits are intended to facilitate uses and projects that are sensitive to the community and neighborhoods and minimize impacts on adjacent uses.

B. Applicability. The use tables in Part B (Zone Regulations) identify the land uses and activities that require a Use Permit.

C. Application Requirements. A Use Permit application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Section.

D. Authority. As identified in Table D.2.030-A (Review Authorities), the following are the Review Authorities for Use Permits subject to Subsection D.2.040.B.3 (Multiple Applications) and Subsection D.2.040.N (Appeals).

1. Conditional Use Permits. The Planning Commission is the Review Authority for Conditional Use Permits.

2. Minor Conditional Use Permits. Either the Director or the Zoning Administrator is the Review Authority for Minor Conditional Use Permits, as indicated by the notation ("MC" for Zoning Administrator review or "MCS" for Director review) in the use regulations tables in Part B of this Title (Tables B.4.020-A: Residential Zones Use Regulations, B.6.020-A: Commercial Zones Use Regulations, B.8.020-A: Mixed Use Zones Use Regulations, B.10.020-A: Industrial Zones Use Regulations, B.12.020-A: Metro Specific Plan Zones Use Regulations, and B.18.020-A: Other Zones Use Regulations).

E. Approval Procedures.

1. Director Evaluation. After a proposed Use Permit application has been deemed complete, the Director shall review the Conditional Use Permit application to determine whether it conforms with the provisions of this Title in accordance with Chapter D.2 (Procedures).

2. Conditional Use Permits Hearing. The Planning Commission shall conduct a public hearing on a Conditional Use Permit consistent with Section D.2.040.G (Public Hearings).

3. Minor Conditional Use Permits.

a. Zoning Administrator hearing. The Zoning Administrator shall conduct a public hearing on a Minor Conditional Use Permit consistent with Section D.2.040.G (Public Hearings).

b. Director decision. The Director shall approve or deny a Minor Conditional Use Permit in compliance with the findings provided in Subsection D.4.030.F (Findings).

F. Findings. The Review Authority may approve the Use Permit, with or without conditions of approval, only after making the following findings:

1. The proposed use is consistent with the goals and policies of the General Plan;

2. The proposed use is consistent with the goals and policies of any Specific Plan if applicable;

3. The proposed use is appropriate for the zone in which it is located, is compatible with uses allowed in the zone, and complies with all other applicable provisions of this Title;

4. The proposed use will not be materially detrimental to the health, safety, and welfare of the public or the property and residents in the vicinity;

5. The subject site is physically suitable for the use being proposed, including access and utilities;

6. The design, location, size, and operating characteristics of the proposed use are compatible with existing and reasonably foreseeable future land use and circulation in the vicinity; and

7. The proposed project is in compliance with the provisions of California Environmental Quality Act.

G. Decision; Appeals; Expiration, Extensions, and Revisions.

1. Decision. The Review Authority's decision shall be in compliance with Subsection D.2.040.H (Findings and Decision).

2. Appeals. The Review Authority's decision may be appealed as provided in Section D.2.040.N (Appeals).

3. Expiration, Extensions, and Revisions. Use Permits are subject to expiration as provided in Subsection D.2.040.K (Expiration of Permits) and may only be extended or revised as provided in Subsection D.2.040.L (Extension of Time) and Subsection D.2.040.M (Revisions to an Approved Project).

(Ord. No. 38.858, § 4, 9/2/25)

A. Purpose. This Subsection establishes the procedures for the granting of Temporary Use Permits for short-term activities and uses on privately or publicly owned property with appropriate regulations to ensure that the temporary activities will be compatible with surrounding areas.

B. Applicability. A Temporary Use Permit allows for the short-term activities described in Section C.10.230 (Temporary Uses and Structures), that may not comply with the normal development or use standards of the applicable zone but would otherwise be acceptable because of their temporary nature.

C. Application Requirements. A Temporary Use Permit application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Section.

D. Authority. As identified in Table D.2.030-A (Review Authorities), the Director is the Review Authority for Temporary Use Permits subject to Subsection D.2.040.B.3 (Multiple Applications) and Subsection D.2.040.N (Appeals).

E. Approval Procedure.

1. Director Review. After a proposed Temporary Use Permit application has been deemed complete, the Director shall review the Temporary Use Permit application to determine whether it conforms with the provisions of this Title in accordance with Chapter D.2 (Procedures).

2. Director Decision. The Director shall approve or deny the application in compliance with the findings provided in Subsection D.4.040.G (Findings).

F. Considerations. In the review of a Temporary Use Permit application, the Director shall consider:

1. The type and duration of the proposed temporary activity;

2. Input from other City departments, such as Police, Fire, Public Works, etc.;

3. The requirements and development standards of the applicable zone in which the temporary use is proposed;

4. Any applicable standards for the proposed temporary use established in Section C.10.230 (Temporary Uses and Structures) including the length of time the temporary use will be authorized.

G. Findings. The Director may approve the Temporary Use Permit, with or without conditions of approval, only after finding that:

1. The temporary activity complies with applicable standards identified in Section C.10.230 (Temporary Uses and Structures); and

2. Maintenance or operation of the temporary activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the vicinity of the proposed temporary activity.

H. Decision and Appeals.

1. Decision. The Review Authority's decision shall be in compliance with Subsection D.2.040.H (Findings and Decision).

2. Appeals. The Review Authority's decision may be appealed as provided in Section D.2.040.N (Appeals).

3. Expiration and Revisions. Temporary Use Permits are subject to expiration as provided in Subsection D.2.040.K (Expiration of Permits) and may only be revised as provided in Subsection D.2.040.M (Revisions to an Approved Project).

I. Post Approval Procedures. Procedures specific to Temporary Use Permits include the following:

1. Extensions of Temporary Use Permits Prohibited. The term of a Temporary Use Permit may not be extended. Applicants for activities that would exceed the allowed terms identified in Section C.10.230 (Temporary Uses and Structures), shall file for a Conditional Use Permit, rather than a Temporary Use Permit, in compliance with Section D.4.030 (Use Permits), and all other applicable zoning standards.

2. Required Lapse of Time for Temporary Use Permits. Except for seasonal sales lots, a minimum of 30 days shall pass between the expiration of a Temporary Use Permit and the issuance of a new and similar Temporary Use Permit for the same property, or the actual removal of the materials and structures associated with the former activity, whichever last occurs.

(Ord. No. 38.858, § 4, 9/2/25)

A. Purpose. The purpose of this Subsection is to enable Minor Deviations from the standards in this Title when these requests constitute a reasonable use of property but are not otherwise permissible under the strict application of this Title. An authorization to approve a Minor Deviation does not extend to making any changes in the uses permitted in any zone.

B. Applicability. The Zoning Administrator may grant a Minor Deviation from the requirements of this Zoning Ordinance for the following types of modifications:

Table D.4.050-A: Types of Minor Deviations

C. Application Requirements. A Minor Deviation application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Section.

D. Authority. As identified in Table D.2.030-A (Review Authorities), the Zoning Administrator is the Review Authority for Minor Deviations subject to Subsection D.2.040.B.3 (Multiple Applications) and Subsection D.2.040.N (Appeals).

E. Approval Procedures.

1. Director Evaluation. After a proposed Minor Deviation application has been deemed complete, the Director shall review the Minor Deviation application to determine whether it conforms with the provisions of this Title in accordance with Chapter D.2 (Procedures).

2. Precedents. A previous Minor Deviation shall not be considered to have set a precedent for the granting of any further Minor Deviations; each case must be considered on its individual merits.

3. Zoning Administrator Hearing. The Zoning Administrator shall conduct a public hearing on the Minor Deviation consistent with Section D.2.040.G (Public Hearings).

F. Findings. The Zoning Administrator may approve, with or without conditions, a Minor Deviation application, only after all the following findings are made:

1. There are special circumstances applicable to the property (e.g., size, shape, topography, location, surroundings, etc.) such that the strict application of this Title could deprive the property of privileges enjoyed by other property in the vicinity and within the same zone;

2. The Minor Deviation is the minimum departure from the requirements of this Title necessary to grant relief to the applicant;

3. The Minor Deviation will not be detrimental to the public welfare or injurious to the property or improvements in the vicinity or the zone in which the subject property is located;

4. Granting the requested Minor Deviation will not detract from the overall appearance of the neighborhood or immediate vicinity and will not impair the provision of adequate light, air, or circulation;

5. The Minor Deviation, as proposed and conditioned, will achieve the general purposes of this Title or the specific purposes of the zone in which the project is located; and

6. The Minor Deviation, as proposed and conditioned, is consistent with the General Plan and any Specific Plan, if applicable.

G. Decision; Appeals; Expiration, Extensions, and Revisions.

1. Decision. The Review Authority's decision shall be in compliance with Subsection D.2.040.H (Findings and Decision).

2. Appeals. The Review Authority's decision may be appealed as provided in Section D.2.040.N (Appeals).

3. Expiration, Extensions, and Revisions. Minor Deviations are subject to expiration as provided in Subsection D.2.040.K (Expiration of Permits) and may only be extended or revised as provided in Subsection D.2.040.L (Extension of Time) and Subsection D.2.040.M (Revisions to an Approved Project).

(Ord. No. 38.858, § 4, 9/2/25)

A. Purpose. In compliance with California Government Code section 65900 et seq., this Subsection allows for Variances from the development standards of this Title, other than those that may be allowed through the Minor Deviations process, see Section D.4.050 (Minor Deviations), only when, because of special circumstances applicable to the property, the strict application of this Title deprives such property of privileges enjoyed by other property in the vicinity and located in the same zone.

B. Application Requirements. A Variance application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Section.

C. Authority. As identified in Table D.2.030-A (Review Authorities), the Planning Commission is the Review Authority for Variances subject to Subsection D.2.040.B.3 (Multiple Applications) and Subsection D.2.040.N (Appeals), except the Council is the Review Authority within the "H" Hillside Combining District in compliance with Chapter B.22 ("H" Hillside Combining District).

D. Approval Procedures.

1. Director Evaluation. After a proposed Variance application has been deemed complete, the Director shall review the Variance application to determine whether it conforms with the provisions of this Title in accordance with Chapter D.2 (Procedures).

2. Precedents. A previous Variance shall not be considered to have set a precedent for the granting of any further Variances; each case must be considered on its individual merits. Nonconforming uses or developments on adjacent properties shall not be considered as grounds for the granting of a Variance.

3. Planning Commission Hearing. The Planning Commission shall conduct a public hearing on the Variance consistent with Section D.2.040.G (Public Hearings).

E. Findings. The Planning Commission may approve a Variance, with or without conditions of approval, only after making the following findings:

1. There are special circumstances applicable to the property, including but not limited to size, shape, topography, location, or surroundings, such that the strict application of this Title deprives the property of privileges enjoyed by other property in the vicinity and under the identical zone;

2. The Variance does not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and the zone in which the property is located;

3. The special circumstances applicable to the property were not created by an act of the property owner (e.g., a Variance shall not be granted for a self-imposed hardship);

4. Granting the Variance would not authorize a use or activity that is not otherwise expressly authorized by the zone governing the property;

5. Granting the Variance will not be materially detrimental to the public health, safety, or welfare and will not impair an adequate supply of light and air to adjacent properties;

6. Granting the Variance is consistent with the General Plan and the intent of this Title; and

7. Granting the Variance is consistent with any Specific Plan, if applicable.

F. Decision; Appeals; Expiration, Extensions, and Revisions.

1. Decision. The Review Authority's decision shall be in compliance with Subsection D.2.040.H (Findings and Decision).

2. Appeals. The Review Authority's decision may be appealed as provided in Section D.2.040.N (Appeals).

3. Expiration, Extensions, and Revisions. Variances are subject to expiration as provided in Subsection D.2.040.K (Expiration of Permits) and may only be extended or revised as provided in Subsection D.2.040.L (Extension of Time) and Subsection D.2.040.M (Revisions to an Approved Project).

(Ord. No. 38.858, § 4, 9/2/25)

A. Purpose. This Subsection establishes the permitting process for permanent signs (Major Sign Permit and Minor Sign Permits).

B. Applicability.

1. A Major Sign Permit is required for the following permanent signs:

a. Freestanding signs exceeding 10 feet in height;

b. Signs within the "H" Hillside Combining District; and

c. Signs located on a building or site that has been designated as a historical or cultural resource consistent with Milpitas Municipal Code Chapter XI-4 (Cultural Resources Preservation Program).

2. A Minor Sign Permit is required for any other permanent sign that is not subject to a Major Sign Permit and is not exempt by Subsection C.8.020.G (Exempt Signs).

C. Application Requirements. A Sign Permit application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Section.

D. Authority. As identified in Table D.2.030-A (Review Authorities), the following are the Review Authorities for Sign Permits subject to Subsection D.2.040.B.3 (Multiple Applications) and Subsection D.2.040.N (Appeals).

1. The Planning Commission is the Review Authority for Major Sign Permits, except the Council is the Review Authority for the following:

a. Signs within the "H" Hillside Combining District in compliance with Chapter B.22 ("H" Hillside Combining District); and

b. Billboard signs in compliance with Subsection C.8.050.D.2 (Billboard Signs).

2. The Director is the Review Authority for Minor Sign Permits, except that the Zoning Administrator is the Review Authority for freestanding signs that are greater than six feet in height but do not exceed 10 feet in height.

E. Approval Procedures.

1. Director Evaluation. After a proposed Sign Permit application has been deemed complete, the Director shall review the Sign Permit application to determine whether it conforms with the provisions of this Title in accordance with Chapter D.2 (Procedures).

2. Major Sign Permit Hearing(s). The Review Authority shall conduct a public hearing on the Major Sign Permit application consistent with Section D.2.040.G (Public Hearings).

3. Minor Sign Permits Decision. The Review Authority shall approve or deny a Minor Sign Permit in compliance with the findings provided in Subsection D.4.070.F (Findings).

F. Findings. The Review Authority may approve a Sign Permit, with or without conditions of approval, only after making the following findings, based on evidence in the public record:

1. Findings for all Sign Permits.

a. All elements of the sign, including design, lighting, scale, width, and materials, are consistent with the intent of the General Plan and any Specific Plan, if applicable;

b. The sign is consistent with Chapter C.8 (Signs) and this Title;

c. The sign is consistent with any applicable Master Sign Program;

d. The design, scale, and materials of the sign harmonize with the architectural design and details of the building or site it serves;

e. The design and scale of the sign is appropriate to the distance from which the sign is normally viewed;

f. The design and materials of the sign provide a contrast between the background and letters, logos, and/or graphics; and

g. If a freestanding sign is included in the application, the site and building design, scale, or location is appropriate for the use of a freestanding sign, rather than a building-mounted sign.

2. Additional Findings For Billboards.

a. The billboard will not create a hazard to vehicular or pedestrian traffic;

b. All advertising on the billboard will conform to the Outdoor Advertising Act in the California Business and Professions Code section 5200-5486, as applicable, and other applicable state and federal rules and regulations;

c. The billboard will result in a net positive public benefit to the City; and

d. The billboard will promote economic development in the City.

G. Decision; Appeals; Expiration, Extensions, and Revisions.

1. Decision. The Review Authority's decision shall be in compliance with Subsection D.2.040.H (Findings and Decision).

2. Appeals. The Review Authority's decision may be appealed as provided in Section D.2.040.N (Appeals).

3. Expiration, Extensions, and Revisions. Sign Permits are subject to expiration as provided in Subsection D.2.040.K (Expiration of Permits) and may only be extended or revised as provided in Subsection D.2.040.L (Extension of Time) and Subsection D.2.040.M (Revisions to an Approved Project).

(Ord. No. 38.858, § 4, 9/2/25)

A. Purpose. The purpose of a Sign Program is to establish a method for an applicant to integrate the design and placement of signs within the overall design of a new development project or an existing multi-tenant or mixed-use project. The intent is to ensure design consistency and/or compatibility among individual signs within a multi-tenant property and ensure signs are compatible with the architecture and overall aesthetics of the site and surrounding area. A Sign Program provides a clear prescription of the standards for new and existing signs on the project site and enables consistent and streamlined review, approval, and administration of existing and new signs. Approval of a Sign Program may result in the application of alternative sign standards that supersede the requirements of Chapter C.8 (Signs), except for matters of public safety.

B. Applicability. A Sign Program is required for the following:

1. Any new retail, mixed-use, office, or industrial complex that:

a. Is located on four or more acres;

b. Has a gross floor area of 40,000 square feet or larger;

c. Includes a multi-tenant building; or

d. Has a building more than two stories high.

2. A new automobile dealership.

3. At the owner's request, a Sign Program may be requested for the following:

a. Any existing retail, mixed-use, office, or industrial complex;

b. An existing multi-family residential building;

c. An existing automobile dealership; or

d. An existing building more than two stories high.

C. Application Requirements. A Sign Program application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Section.

D. Authority. As identified in Table D.2.030-A (Review Authorities), the Planning Commission is the Review Authority for Sign Programs subject to Subsection D.2.040.B.3 (Multiple Applications) and Subsection D.2.040.N (Appeals), except the Council is the Review Authority within the "H" Hillside Combining District in compliance with Chapter B.22 ("H" Hillside Combining District).

E. Approval Procedures.

1. Discretionary Review. While the application for a Sign Program may be reviewed concurrently with another application that is subject to discretionary review, discretionary review must be limited to the review of non-communicative aspects (i.e., time, place, manner, location, size, height, illumination, spacing, and orientation) of the signs proposed in the Sign Program.

2. Director Evaluation. After a proposed Sign Program application has been deemed complete, the Director shall review the Sign Program application to determine whether it conforms with the provisions of this Title in accordance with Chapter D.2 (Procedures).

3. Public Hearing(s). The Review Authority shall conduct a public hearing on the Sign Program consistent with Section D.2.040.G (Public Hearings).

F. Findings. The Review Authority may approve a Sign Program, with or without conditions of approval, only after making the following findings, based on evidence in the public record:

1. The provisions of the Sign Program are consistent with the intent of the General Plan, Chapter C.8 (Signs) of this Title, and any Specific Plan, if applicable;

2. The provisions of the Sign Program ensure consistency in design and style of all new signs;

3. The provisions of the Sign Program address compatibility of the design and style of any existing signs on the building or site; and

4. The provisions of the Sign Program address compatibility of the design and style of new signs with the site layout, building configuration, and design and architectural style of building(s).

G. Decision; Appeals; Expiration, Extensions, and Revisions.

1. Decision. The Review Authority's decision shall be in compliance with Subsection D.2.040.H (Findings and Decision).

2. Appeals. The Review Authority's decision may be appealed as provided in Subsection D.2.040.N (Appeals).

3. Expiration and Extensions. Approved Sign Programs shall not expire.

4. Revisions or Amendments. Sign Programs may only be revised or amended as provided in Subsection D.2.040.M (Revisions to an Approved Project); however, major revisions or amendments to a Sign Program may be approved by the Zoning Administrator unless the Sign Program is within the "H" Hillside Combining District.

(Ord. No. 38.858, § 4, 9/2/25)

A. Purpose. This Subsection establishes the permitting process for Temporary Sign Permits consistent with Chapter C.8 (Signs).

B. Applicability. A Temporary Sign Permit is required for temporary signs allowed consistent with Section C.8.070 (Standards for Portable Signs and Temporary Signs).

C. Application Requirements. A Temporary Sign Permit application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Section.

D. Authority. As identified in Table D.2.030-A (Review Authorities), the Director is the Review Authority for Temporary Sign Permits subject to Subsection D.2.040.B.3 (Multiple Applications) and Subsection D.2.040.N (Appeals).

E. Approval Procedures.

1. Director Review. After a proposed Temporary Sign Permit application has been deemed complete, the Director shall review the Temporary Sign Permit application to determine whether it conforms with the provisions of this Title in accordance with Chapter D.2 (Procedures).

2. Director Decision. The Director shall approve or deny the application in compliance with the findings provided in Subsection D.4.090.F (Findings).

F. Findings. The Director may approve a Temporary Sign Permit, with or without conditions of approval, only after finding the Temporary Sign Permit to be consistent with Chapter C.8 (Signs), this Title, and any Specific Plan, if applicable.

G. Decision; Appeals; Expiration, Extensions, and Revisions.

1. Decision. The Review Authority's decision shall be in compliance with Subsection D.2.040.H (Findings and Decision).

2. Appeals. The Review Authority's decision may be appealed as provided in Section D.2.040.N (Appeals).

3. Duration and Revisions. Temporary Sign Permits may be displayed for the length of time provided in Section C.8.070 (Standards for Portable Signs and Temporary Signs). and may only be revised as provided in Subsection D.2.040.M (Revisions to an Approved Project).

(Ord. No. 38.858, § 4, 9/2/25)

A. Purpose. The purpose of the Home Occupation Permit is to allow for the conduct of businesses within places of residence and to prescribe the conditions under which limited nonresidential activities may be conducted when incidental to residential activities.

B. Applicability. Section C.10.120 (Home Occupations) identifies requirements for uses and activities that are allowed and require a Home Occupation Permit.

C. Application Requirements. A Home Occupation Permit application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Section.

D. Authority. As identified in Table D.2.030-A (Review Authorities), the Director is the Review Authority for Home Occupation Permits subject to Subsection D.2.040.B.3 (Multiple Applications) and Subsection D.2.040.N (Appeals).

E. Approval Procedures.

1. Director Review. After a proposed Home Occupation Permit application has been deemed complete, the Director shall review the Home Occupation Permit application to determine whether it conforms with the provisions of this Title in accordance with Chapter D.2 (Procedures).

2. Director Decision. The Director shall approve or deny the application in compliance with the findings provided in Subsection D.4.100.F (Findings).

F. Findings. The Director shall approve a Home Occupation Permit, with or without conditions of approval, if it is determined that the proposed home occupation would:

1. Be consistent with the General Plan and any Specific Plan, if applicable;

2. Be consistent with the standards of this Title for the subject zone;

3. Be consistent with the home occupation criteria and standards of Section C.10.120 (Home Occupations); and

4. Be consistent with all other applicable provisions of the Milpitas Municipal Code and applicable laws.

G. Decision; Appeals; Expiration, Extensions, and Revisions.

1. Decision. The Review Authority's decision shall be in compliance with Subsection D.2.040.H (Findings and Decision).

2. Appeals. The Review Authority's decision may be appealed as provided in Section D.2.040.N (Appeals).

3. Expiration, Extensions, and Revisions. Home Occupation Permits are subject to expiration as provided in Subsection D.2.040.K (Expiration of Permits) and may only be extended or revised as provided in Subsection D.2.040.L (Extension of Time) and Subsection D.2.040.M (Revisions to an Approved Project).

(Ord. No. 38.858, § 4, 9/2/25)

A. Purpose. This Subsection establishes the procedures to request Reasonable Accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act ("the Acts") in the application of zoning law and other land use regulations, policies, procedures, and conditions of approval. A Reasonable Accommodation is typically an adjustment to physical design standards to accommodate the placement of wheelchair ramps or other exterior modifications to a dwelling in response to the needs of a disabled resident.

B. Applicability.

1. Eligible Applicants. A request for Reasonable Accommodation may be made by any person with a disability, their representative, or any other entity, when the application of this Title or other land use regulations, policy, or procedure acts as a barrier to fair housing opportunities.

2. Definitions. A person with a disability is a person who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment as further defined under 42 U.S.C. section 12102, commonly known as the Americans with Disabilities Act, and under applicable state law.

3. Eligible Request. A request for Reasonable Accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

C. Application Requirements. A Reasonable Accommodation application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Section.

D. Authority. As identified in Table D.2.030-A (Review Authorities), the Director is the Review Authority for Reasonable Accommodation applications subject to Subsection D.2.040.B.3 (Multiple Applications) and Subsection D.2.040.N (Appeals).

E. Approval Procedures.

1. Director Review. After a proposed Reasonable Accommodation application has been deemed complete, the Director shall review the Reasonable Accommodation application to determine whether it conforms with the provisions of this Title in accordance with Chapter D.2 (Procedures).

2. Director Decision. The Director shall make a written determination within 45 days of the application being deemed complete and either approve, modify, or deny a request for Reasonable Accommodation in compliance with Subsection D.4.110.F (Findings).

F. Findings. The Review Authority may approve, approve with conditions, or deny the request for Reasonable Accommodation based on the following findings:

1. The housing, which is the subject of the request, will be used by an individual defined as disabled under the Acts;

2. The Reasonable Accommodation is necessary to make specific housing available to an individual with a disability;

3. The Reasonable Accommodation would not impose an undue financial or administrative burden on the City;

4. The Reasonable Accommodation would not require a fundamental alteration in the nature of a City program or law; and

5. There are no alternatives to the requested waiver or exception that could provide an equivalent level of benefits to the applicant without the requested accommodation or with a lesser deviation from standards.

G. Decision; Appeals; Expiration, Extensions, and Revisions.

1. Decision. The Review Authority's decision shall be in compliance with Subsection D.2.040.H (Findings and Decision).

2. Appeals. The Review Authority's decision may be appealed as provided in Section D.2.040.N (Appeals).

3. Expiration, Extensions, and Revisions.

a. Reasonable Accommodations are subject to expiration as provided in Subsection D.2.040.K (Expiration of Permits); however, a Reasonable Accommodation granted shall terminate if the recipient of the accommodation requested no longer resides on the property.

b. Reasonable Accommodations may only be extended or revised as provided in Subsection D.2.040.L (Extension of Time) and Subsection D.2.040.M (Revisions to an Approved Project).

(Ord. No. 38.858, § 4, 9/2/25)

A. Purpose. This Subsection establishes the procedures for the granting of Special Event Permits for special events with appropriate regulations to ensure that special events will not cause any detrimental effects to surrounding properties and the community.

B. Definitions. Terms used in this Section are defined Chapter E.2 (Definitions of Terms).

C. Applicability.

1. General. A Special Event Permit is required for special events on private property and public streets, sidewalks, alleys, and ways; City parks; public places; and public rights-of-way consistent with this Subsection. No special event may be conducted without a Special Event Permit or other authorization from the City (e.g., lease or contract terms) unless otherwise allowed by this Title or exempt from a Special Event Permit. Certain recurring events require a Conditional Use Permit consistent with Subsection D.4.120.F.1.a (Recurring special events).

2. Special Event Permit Thresholds. Special events shall be identified in accordance with the following thresholds:

a. Minor events.

(i) Fewer than 250 participants or attendees;

(ii) Takes place on a single day; and

(iii) No street closures or amplified sound.

b. Regular events.

(i) Between 250 and 1,000 participants or attendees;

(ii) Between one and four consecutive days (including set up and tear down);

(iii) With or without amplified sound; and

(iv) Block parties on a residential street (see Milpitas Municipal Code V-100-13.05).

c. Major events.

(i) More than 1,000 participants or attendees anticipated;

(ii) Between four and seven consecutive days, including set up and tear down (permits for events exceeding seven days may be granted at the Director's discretion);

(iii) With or without amplified sound; and

(iv) Requires street closures (other than block parties on a residential street).

d. Recurring events.

(i) Recurring special events (up to four events per calendar year). Applicant may request a one-time review and issuance of a Special Event Permit for events which occur up to four times per calendar year for a permissible duration of four consecutive days for each recurring event; and

(ii) Annual events. Applicant may request a Special Event Permit good for up to three years for special events that will be held annually, for up to three consecutive years in the same location. The applicant must demonstrate that the same event location, layout, date and times are adhered to for each event.

3. Exemptions from Special Event Permit. The following activities are exempt from obtaining a Special Event Permit:

a. Activities on a street conducted by a governmental agency acting within the scope of its authorized functions.

b. A simple assembly gathering of people at a park, plaza, or paseo that is open to the public, provided that it meets the following requirements:

(i) The gathering does not meet the definition of a Minor, Regular, or Major special event as described in Subsection D.4.120.C.2 (Special Event Permit Thresholds;

(ii) It involves fewer than 150 participants;

(iii) It does not involve the placement or use of equipment or temporary structures;

(iv) No Fire, Engineering, or Building permits are required;

(v) It does not include amplified sound; and

(vi) It remains in compliance with all applicable regulations, including but not limited to the capacity limits of the applicable area of the park, plaza, or paseo.

(vii) Park rental for the purpose of a private party that is not open to the general public.

(viii) Private gatherings and parties typically held at a private residence or Community Assembly facility that do not involve amplified sound, are not incompatible with the generally intended use of the property, and have little to no impact on the neighborhood or community.

(ix) First Amendment events located in public spaces, including public parks, plazas, and sidewalks.

(x) The annual National Night Out event sponsored by the Milpitas Police Department.

D. Application Requirements.

1. General. A Special Event Permit application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Section.

2. Filing Times.

a. A complete application shall be filed not less than 70 business days before the proposed date of the special event except as provided below:

(i) For an event that requires a street closure on more than one public street, requires significant detouring which affects significant number or businesses or residences, or requires an encroachment permit from Caltrans, a Special Event Permit shall be filed not less than 180 business days before the proposed date of the special event.

(ii) For non-exempt First Amendment events, processions, or parades (i.e., that are not exempt under Subsection D.4.120.C.3 (Exemptions from Special Event Permit)) that do not involve street closures, vehicles, floats, or use of equipment other than hand-held equipment, an application for a Special Event Permit shall be filed not less than 14 business days before the proposed date of the special event.

b. Permit applications that do not comply with the filing times in this Subsection may be subject to additional fees arising as a direct result of the late submission. The Director shall have the authority to consider, approve, or deny any application for a Special Event Permit which is not filed according to the filing times in this Subsection.

3. Fees. The City may, at the City Manager's discretion, waive the Special Event Permit fee when a non-exempt First Amendment event is proposed, and the applicant cannot afford to pay the Special Event Permit fee as documented by the applicant at the time of the Special Event Permit application.

4. Other Required Permits. An applicant for a Special Event Permit is responsible for obtaining all other City and County permits required for the proposed event.

E. Authority. As identified in Table D.2.030-A (Review Authorities), the Director is the Review Authority for Special Events Permits subject to Subsection D.2.040.B.3 (Multiple Applications) and Subsection D.2.040.N (Appeals).

F. Approval Procedure.

1. Director Review. After a proposed Special Event Permit application has been deemed complete, the Director shall review the Special Event Permit application to determine whether it conforms with the provisions of this Title in accordance with Chapter D.2 (Procedures).

a. Recurring special events. A one-time review Special Event Permit may be issued for recurring special events provided there would be no more than four events per calendar year and each event is no more than four consecutive days. Events occurring more than four times in the same location may be allowed subject to a Conditional Use Permit.

b. Annual events. A Special Event Permit may be issued for up to three years for special events that will be held annually for up to three consecutive years in the same location.

2. Review and Decision. Special Event Permits that are deemed complete shall be issued on a first-come, first-served basis. The Director shall approve, conditionally approve, or deny a Special Event Permit.

3. Director Decision.

a. The Director shall approve or deny the application in compliance with the findings provided in Subsection D.4.120.J (Findings) and this Subsection.

b. In determining whether to approve a Special Event Permit application, no consideration may be given to the message of the event, the content of the speech, the identity or associational relationships of the applicant or its members or affiliates, or to any assumptions or predictions as to the amount of support or hostility which may be aroused in the public by the content of the speech or the message conveyed during the event.

G. Standards and Requirements for Special Events.

1. Duration. The maximum duration of a single special event is seven consecutive calendar days (including set up and tear down), with a minimum of 14 calendar days between different events held at the same site).

2. Noise and Amplified Sound. Special events shall be conducted in compliance with the City's Noise Ordinance (Milpitas Municipal Code Chapter V-213 (Noise Abatement)) and the terms of an Amplified Sound Permit issued by the Police Department, if applicable.

H. Conditions.

1. Any conditions of approval must be reasonable requirements concerning the time, place, or manner of holding the special event as is necessary to coordinate multiple uses of public property; assure preservation of public property and public spaces; prevent dangerous, unlawful, or prohibited uses; prevent excessive noise or other nuisances, especially in residential areas; ensure the availability of sufficient City personnel as needed; protect the safety of persons and property; and to control vehicular and pedestrian traffic in and around the venue; provided that such requirements shall not be imposed in a manner that will unreasonably restrict expressive or other activity protected by the California or United States Constitutions.

2. As a condition of the Special Event Permit, the permittee shall provide the Director with proof of insurance no later than 15 days prior to the special event, and the insurance shall remain in full force and effect throughout the term of the special event; however, this is not required for the following:

a. Any special event where the requirement for insurance is prohibited by law; or

b. Non-exempt First Amendment events that do not present any objective, substantial risk, hazard, or danger to the public health and safety, as identified by the City Manager, who shall consider the reasonably foreseeable consequences of the event. Applicants seeking approval of non-exempt First Amendment events which, due to their design or schedule, do present an objective, substantial risk, hazard, or danger to the public health or safety, must comply with the insurance requirements and enter into a hold harmless agreement consistent with Subsection D.4.120.I (Indemnification and Hold Harmless).

I. Indemnification and Hold Harmless. The Special Event Permit permittee must agree in writing to indemnify and hold the City, its officers, agents and employees, harmless from and against any and all liability and losses incurred from the conduct of permittee or its officers, employees, and agents, except this shall not apply to First Amendment events unless the non-exempt First Amendment event permittee has elected to provide the indemnification in lieu of providing the insurance required by Subsection D.4.120.H (Conditions).

J. Findings. The Director may approve the Special Event Permit, with or without conditions of approval consistent with Subsection D.4.120.H (Conditions), only after finding that:

1. The proposed use of the property is not governed by or subject to any other permit procedures provided elsewhere in this Title or other applicable laws, rules, or regulations which have not been completed at the time the Special Event Permit application is submitted;

2. With sufficient traffic controls and conditions, the special event will not create a threat to public safety;

3. In order to protect the health and safety of the public, the special event will not conflict with construction in the public right-of-way or at a public facility;

4. The special event will not require the diversion of public safety or other City employees from their normal duties so as to unreasonably reduce adequate levels of service to any other portion of the City;

5. The concentration of persons, animals or vehicles will not unreasonably interfere with the movement of police, fire, ambulance, and other public safety or emergency vehicles on the streets;

6. The special event will not unreasonably interfere with any other special event for which a permit has already been granted or with the provision of City services in support of other scheduled events or scheduled government functions;

7. The proposed use, event or activity will not have a significant adverse environmental impact;

8. The proposed use, event or activity does not present a substantial or unwarranted safety, noise, or traffic hazard;

9. The proposed special event will be consistent with the regulations established for each potential venue with regard to size, type of activity, available time period, and frequency of events; and

10. For parades, the parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays enroute in order to limit the impacts on the flow of traffic through the City.

K. Decision and Appeals.

1. Decision. The Director's decision shall be in compliance with this Subsection and Subsection D.2.040.H (Findings and Decision).

2. Appeals. The Director's decision may be appealed as provided in Section D.2.040.N (Appeals), with the following exceptions:

a. A written request for a hearing to appeal the Director's decision on a Special Event Permit must be received no later than 10 calendar days after the date of the decision.

b. If the decision to deny, revoke, or impose conditions on a Special Event Permit is issued five or fewer business days prior to the proposed event, notice of the decision provided to the applicant or permittee must include the time, date, and location of the appeal hearing.

c. Notwithstanding the above provisions, if a decision to deny or revoke a Special Event Permit issued for a non-exempt First Amendment event is less than 30 calendar days from the date of the proposed event, any appeal shall proceed immediately to a court of competent jurisdiction. The decision shall become final unless a written request for hearing is received within the time limits set forth in this Subsection.

L. Denial and Revocation.

1. Denial and General Revocation. The Director shall deny or revoke a Special Event Permit if the Director finds any of the following:

a. Fraud, misrepresentation or any false statement contained in the application for a Special Event Permit, including without limitation, in carrying out the special event in a way not consistent with the application;

b. Failure to comply with the provisions of this Subsection D.4.120 (Special Event Permits), including applicable permit filing time;

c. Failure to comply with the conditions of the Special Event Permit, including without limitation, failure to timely pay applicable fees and City charges, provide indemnification or insurance certificate or security deposit within the times required, or failure to comply with all other permit requirements, licensing requirements, or regulations required to conduct the activities described as part of the special event in the permit application or any amendment to the application;

d. The special event venue or any substantial portion of the venue is not available due to fire, casualty, act of God, emergency maintenance activity or public emergency;

e. The proposed event will conflict with a previously scheduled event organized by the City for use of the special event venue, or with a special event or other permitted use previously approved to be held at the special event venue;

f. The proposed event, as designed, will unreasonably impede, obstruct, impair, or interfere with reasonable access to adjacent properties and the applicant will not agree to redesign the proposed event so as to allow reasonable access to the adjacent properties;

g. The special event venue, including but not limited to the proposed areas for assembly or disbanding of parades, cannot physically accommodate the number of participants expected to participate and/or the items necessary or proposed to support the event;

h. The proposed activity or event will violate a federal, state, or local law or regulation; or

i. One or more of the findings specified in Subsection D.4.120.J (Findings) is not met.

2. Immediate Revocation.

a. Any Special Event Permit may be revoked on the day of the special event without prior written notice and without a hearing, if the Council, the City Manager, the Director, the Fire Marshal, or the Chief of Police determines that:

(i) Revocation is in the interest of the immediate public health or safety because of fire, casualty, act of God, or a public emergency; or

(ii) The permittee is in violation of the provisions of this Subsection or the terms of the Special Event Permit.

b. The grounds for revocation shall be communicated at the time notice is provided. The permittee, immediately upon receipt of the notification that the Special Event Permit has been revoked, shall cease the activity and shall commence restoring the special event venue to its condition prior to the activity.

M. Other Post Approval Procedures.

1. Final Special Event Permit Approval.

a. If the Director has issued a Conditional Special Event Permit, the permittee shall submit the final event plans and demonstrate all permit conditions have been satisfied at least 10 business days prior to the event. If the permittee does not submit verification that the permit conditions have been met within the applicable deadline specified in this Subsection, the Special Event Permit will be deemed revoked.

b. At the discretion of the Director an extension of the deadline for submission of final event plans or verification of permit conditions may be granted.

2. Amendment of an Approved Special Event Permit.

a. If a permittee desires to change the location, time, or duration or other significant aspect of the description of an event subject to a Special Event Permit, the permittee shall apply for an amendment to the Special Event Permit.

b. A Special Event Permit amendment application must be filed with the Director no later than 15 business days in advance of the special event.

c. The Director shall grant, deny, or approve with conditions, the Special Event Permit amendment no later than seven business days of receipt of the amendment application.

d. The provisions in Subsection D.4.150.K (Decision and Appeals) apply to all applications for Special Event Permit amendments.

3. A copy of the Special Event Permit shall be presented to any City official upon request.

4. It shall be unlawful for a person to place any booth, table, chair, stool, structure, vehicle, or piece of equipment in any area for which a Special Event Permit has been issued, without the consent of the permittee, unless the person is acting under the direction and control of the City.

5. Upon conclusion of a special event, the City shall send an invoice to the permittee for all fees and charges still due to the City, for the cost of services provided by City departments and for the cost to the City of any cleaning and/or repairs to the special event venue made necessary by the permittee's use. The permittee shall be responsible for the actual costs of cleaning and repairs made necessary by the permittee's use of the special event venue.

(Ord. No. 38.858, § 4, 9/2/25)

The procedures for Short-Term Rental Permits are described in Section C.10.200 (Short-Term Rentals).

(Ord. No. 38.858, § 4, 9/2/25)