Agenda packet — Milpitas City Council, October 3, 2023 (part 2 of 3)

1. PURPOSE

1.1. The City recognizes the value of partnership with other agencies and organizations in providing services that benefit the community and its residents.

1.2. The City may provide a donation or grant a reduction and/or waiver of fees to intergovernmental agencies or non-profit organizations that provide Milpitas community benefit.

2. POLICY

2.1. The City shall have the sole authority and the City Council shall have the final authority to approve Donations and Fee Waiver/Reduction requests.

2.2. The City Council shall evaluate donation and fee waiver/reduction requests at a scheduled City Council meeting.

2.3. Any requests for donation or fee waiver/reduction must be submitted in writing using the provided application form by the Recreation and Community Services Department.

2.4. In order for an organization to be eligible for a donation or fee waiver / reduction, the following criteria have to be met:

2.4.1. The applying organization must be:

2.4.1.1 A non-profit organization as described by the Internal Revenue Section such as 501(c)(3) or an intergovernmental agency;

2.4.1.2 Non-discriminatory, and non-political in nature;

2.4.2. Events must provide a community benefit within the City of Milpitas proper.

2.5. If the event requested for fee waiver is a fundraiser, the organization must demonstrate that at least 60% of fund raised will be of general benefit to the Milpitas community.

2.6. If the request for donation or fee waiver/reduction is for a community event, the event must be advertised, open to the public and no entrance fee shall be charged for the event.

2.7. Fee waivers/reductions only apply to services provided by the City during its regular course of business. Such fees may include rental fees for the City’s facilities or equipment, building permit fees or fire permit fees. Any deposits and/or City staff overtime costs required due to the event cannot be waived.

2.8. The City Council may grant donation or fee waiver/reduction to each organization once annually, regardless of how many branches or affiliations it may have.

Policy No:

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text.

DONATION AND FEE WAIVER/

REDUCTION POLICY
Effective Date:
6/21/2022
Revision No:
1 Policy Administrator:

Recreation and Community Services
Next Review Due:

As needed
Related Policies and
Procedures:

Click or tap here to enter
text.

Approved by:

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Council meeting date, agenda item #, and
vote
Date Approved:
6/21/2022
530
Item # C10.

CITY OF MILPITAS
Revision Date
Original 04/21/2006
6/21/2022

CITY COUNCIL DONATION AND FEE WAIVER/REDUCTION POLICY / POLICY #

Page 2 of 2 ends

2.9. The fee waiver/reduction amount is subject to $1,500 maximum per fiscal year and the donation amount is subject to $500 maximum annually for each organization. A fee waiver/reduction request cannot be combined with a donation request.

2.10. To the extent possible, the City’s contribution should be recognized in the event fliers and/or advertising with the following statement, “This event made possible, in part, by the City of Milpitas.”

2.11. Within 60 days after completion of the event in which a donation was received or a fee waiver/reduction was granted by the City, the organization will provide a written report to the Director of Recreation and Community Services to include at minimum: number of participants, copies of all publicity of the event, any benefit to the community, amount of funds raised and an accounting of how the proceeds of the event will be dispersed.

2.12. Failure to abide by the rules and procedures as set forth in this document will result in the organization being denied for funding and/or fee waiver/reduction in the future.

3. PROCEDURE

3.1. The Recreation and Community Services Department shall maintain an application for Donation and Fee Waiver/Reduction Requests.

3.2. Upon receipt of an application, the Recreation and Community Services Department shall determine eligibility for a Donation and/or Fee Waiver/Reduction consistent with this Policy and inform the applicant of its determination in writing.

3.3. If eligibility is determined, the Director of Recreation and Community Services shall bring requests for donation or fee waiver/reductions to Council for approval at any regular or special meeting.

3.4. If ineligibility is determined, the applicant can appeal the Director of Recreation and Community Services’ determination to the City Manager. A request for appeal must be made, in writing, and delivered to the City Manager’s Office within seven (7) days of the applicant’s receipt of the determination of ineligibility. The request for appeal must state, in writing, the basis for the appeal and must contain all written documentation supporting each basis for appeal. The City Manager shall issue a decision, in writing, without hearing based on the documents presented.

3.5. Donation and Fee Waiver Budget

3.5.1. With each budget cycle, the City Council will establish an annual budget amount for donations or fee waivers/ reductions for unspecified community events. Except for extraordinary circumstances, donations and or fee waivers/reductions will not be granted once the budgeted amount has been allocated.

531
Item # C10.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Provide Feedback and Guidance on the Proposed Workforce Housing Rental Assistance Program Approve an Additional Appropriation of $28,389.76 from the Affordable Housing Community Benefit Fund to FORWARD for the Administration of the Workforce Housing Rental Assistance Program, and Direct the Use of an Allocation from the State Budget for Homelessness Prevention and Unhoused Services (Staff Contact: Alex Andrade, Economic Development Director, 408-586-3046; and Robert Musallam, Housing Division Manager, 408- 586-3275)
Category: Community Development
Meeting Date: 10/3/2023
Recommendation: (1) Receive a recommendation from the Housing Subcommittee and staff to provide rental assistance for up to 50 households over 24 months through a Workforce Housing Rental Assistance Program.
(2) Approve and Authorize Acting City Manager, or designee, to allocate an additional Approve and Authorize the Acting City Manager, or designee, to allocate an additional appropriation of $28,389.76 from the Affordable Housing Community Benefit Fund to FORWARD for the administration of the Workforce Housing Rental Assistance Program.
(3) Provide feedback and guidance on the use of an allocation from the State Budget for Homelessness Prevention and Unhoused Services for the Workforce Housing Rental Assistance Program.

BACKGROUND:

This Agenda Report focuses on two separate unhoused services funding awards totaling approximately $3,000,000. The purpose of the Permanent Local Housing Allocation (PLHA) of approximately $1,500,000 is to develop housing-related projects and programs that assist in addressing the unmet housing needs of Milpitas.

The purpose of the $1,500,000 in one-time state funding awarded through the Office of Assemblymember Alex Lee is to continue to serve those at risk of homelessness and the unhoused population.

Permanent Local Housing Allocation (PLHA)

In 2017, Governor Brown signed a 15-bill housing package aimed at addressing the state’s housing shortage and high housing costs. This included Senate Bill 2 Building Homes and Jobs Act (SB-2), which created a recording fee on real estate documents to increase the supply of affordable homes in California. SB-2 established that 70% of the revenue collected, beginning in calendar year 2019, will go to locally administered affordable housing, otherwise known as Permanent Local Housing Allocation (PLHA).

The California Department of Housing and Community Development (HCD) released the 2022 Notice of Funding Availability (NOFA) on August 17, 2022. The allocation spans five years, 2019-2023. HCD requirements state that applicants must submit a five-year plan for the period of 2019-2023 and cannot apply for more than three years of allocation in one year. On November 1, 2022, City Council adopted a Resolution authorizing the 2019, 2020, and 2021 funding application and approving a five-year (2019-2023) plan.

In February 2023, the City received its award letter from HCD (Attachment 1). In July 2023, the City received its executed Standard Agreement for PLHA from HCD. The City was approved to designate 5% to program administration. The remaining balance will be split with approximately 20% of the remaining funding allocated to fund the City’s homeless outreach and assessment services for an additional three fiscal years, and the final 80% for a Workforce Housing Rental Assistance Program (WHRAP). Preliminary information regarding the 532 Item # 11.

WHRAP was presented to the City Council on November 1, 2022, and April 4, 2023. Staff has developed a more detailed explanation of WHRAP which is provided below.

Office of Assemblymember Alex Lee funding for Homelessness Prevention and Unhoused Services

In March 2022, the City requested support of one-time funding as part of the fiscal year 2022-2023 State budget through Assemblymember Alex Lee’s Office. The funding request included establishing a Milpitas resource center as a 2-year pilot program ($500,000), supporting the continuation and expansion of the City’s mobile shower and laundry services, twice a week, for a period of 3 years ($300,000), and providing rent relief to vulnerable Milpitas residents ($700,000). In fall 2022, the City received notification of the award of state funding, through Assemblymember Lee’s Office, in the amount of $1,500,000 for housing related programs and services, which was incorporated into the City’s Fiscal Year 2023-2024 Budget. The City received the funding in March 2023.

Housing Subcommittee

At the August 22, 2023 meeting, the Housing Subcommittee provided staff with feedback and recommendations regarding the PLHA and Office of Assemblymember Alex Lee state funding. Under PLHA, the City’s award consists of two components: homeless outreach and assessment, and a Workforce Housing Rental Assistance Program (WHRAP). The Housing Subcommittee’s feedback consisted of ensuring outreach and assessment included individuals who were at risk of homelessness. The Housing Subcommittee also recommended to both fund 50 households for 24 months and expressed support for FORWARD to serve as the program administrator as they are currently administering the City’s Rent and Mortgage Relief Program, and this will ensure the onset of WHRAP to be launched as possible. In addition, the Housing Subcommittee expressed support for utilizing the Office of Assemblymember Alex Lee’s state funding for the continuation of the original allocation of $700,000 for rent relief and to consider safe parking as another viable option for the remaining funds. A consensus was reached by the Housing Subcommittee to have the City Council consider a safe parking program at the next prioritization item conversation. The staff recommendations in this Agenda Report reflect the direction provided by the Housing Subcommittee at the August 2023 meeting.

ANALYSIS:

The report provides information and seeks input related to both state funding programs.

Permanent Local Housing Allocation

Per PLHA guidelines, rental assistance must help individuals who are at or below 30% of the area median income (AMI). The table below provides the income limits by household size. PLHA guidelines also require any individual receiving rental assistance with the PLHA grant be funded for a minimum of six months.

Household Size 1 2 3 4 5 6
30% AMI $37,450 $42,800 $48,150 $53,500 $57,800 $62,100

Workforce Housing Rental Assistance Program (WHRAP)

In accordance with the PLHA funding requirements, WHRAP would provide a rental subsidy to Milpitas residents and members of the local workforce whose income is at or less than 30% AMI, defined by HCD as extremely low income. WHRAP would function similarly to a Section 8 voucher system in that the funds would be provided directly to the landlord and would be used to offset a specific amount of rent paid by the tenant, but not the entire rent.

Staff recommends utilizing PLHA funding to provide rental assistance for individuals who work and/or live in Milpitas. More information regarding preferences will be presented further in this report.

Given the income levels, individuals who are likely to be assisted with this program are as follows: 533 Item # 11.

 Select Milpitas Unified School District employees
 Hospitality industry
 Personal care and service sector
 Office and administrative support
 Installation, maintenance, and repair occupations

WHRAP Program Administration

The City was awarded a total grant of $1,017,554 for 2019, 2020, and 2021 PLHA funds. Five percent (5%) of the total grant, or $50,877.70, is allocated for program administration. The use of these funds was previously approved by Council and HCD. The Housing Division will oversee the WHRAP, however, a third-party administrator will be required to facilitate the initial tenant selection and monthly rental assistance distribution. If approved by the City Council, Housing staff will work closely with the program administrator to ensure compliance with program guidelines, and Building Safety will provide a housing inspector to pre-inspect any unit that will receive WHRAP funding. While unit inspections are not required, HCD recommends making sure the units leased by recipients of rental assistance are decent, safe, and sanitary, through inspections.

Although the City’s five-year plan was approved by HCD, only the 2019, 2020, and 2021 funds have been awarded. Each of the three awarded years has different award amounts and usage deadlines. The table below reflects this data:

Allocation Years Amount Awarded Expenditure Deadline
Year 1 (2019) $ 238,595 4/30/2024
Year 2 (2020) $ 370,850 4/30/2025
Year 3 (2021) $ 408,109 4/30/2026
Total $1,017,554

In addition, FORWARD is currently administering the ARPA funded Rent and Mortgage Relief Program, and the City Council recently approved the use of FORWARD’s services for the CDBG funded Microenterprise Grant Program, which is forthcoming. FORWARD has the technology and human resources to expedite the needs of the City and staff has established a great working relationship with FORWARD.

The total cost to administer the program is $79,267.46. Of this figure, PLHA allows for up to 5%, or $50,877.70, to be used towards an administrative fee. To fund the administration of the program, staff is requesting the remaining $28,389.76 be funded from the Affordable Housing Community Benefit Fund. The table below displays the breakdown of the funding source and the amount required from each source to fund the administration fee.

Funding Source Amount
PLHA Administrative Fee Allowance $50,877.70
Affordable Housing Community Benefit Fund $28,389.76
Total Administration Fee Required $79,267.46

It is important to note that the PLHA administrative funding source has already been approved by the City Council at the November 1, 2022, meeting and HCD and cannot be used for any other purpose.

WHRAP Selection Process 534
Item # 11.

In an effort to develop a program that assists the City in addressing unmet housing needs locally, staff recommends utilizing a tiered selection system to ensure prioritization for Milpitas residents. There are three tiers of applicants the City Council may consider, which are listed below:

1. A household where at least one adult both lives and works in Milpitas.

2. A household where at least one adult lives in Milpitas and does not work in Milpitas.

3. A household where at least one adult works in Milpitas but does not live in Milpitas.

The intention of the program is to primarily serve Milpitas residents who also work in Milpitas. The Economic Development Strategy adopted by the City Council in May 2020 included an analysis of employed Milpitas residents and workforce, and it was determined that only 12% of Milpitas residents also work in Milpitas (Strategic Economics 2019/ Longitudinal Household Employment Dynamics, 2017). Since the percentage of the workforce that both lives and works in Milpitas is low, staff is inclined to extend the assistance to residents of Milpitas who are an important part of the regional workforce and who may also benefit from the WHRAP.

And finally, if there is still available funding, staff would select households where one adult works in Milpitas but does not live in Milpitas.

The PLHA rental assistance program requires providing rent relief for a minimum period of six months. The household benefit amount and individuals assisted will be dependent on the City Council direction. The table below displays a breakdown of projected assistance to benefit between 20-50 households. The first table shows the staff recommended 24 month period. Option A (18 months) and Option B (12 months) provide alternative recommendations for City council consideration. The figures below are meant to illustrate the potential benefit per month. The final numbers are subject to change as staff finalizes the funding arrangement with HCD, but a significant change is not anticipated.

Staff Recommendation
2019, 2020, and 2021 Combined Entitlement (24 months)
PLHA Allocation Households
Assisted
Months
Assisted
Benefit Per
Month
$773,341.04 20 24 $1,611.13
$773,341.04 30 24 $1,074.08
$773,341.04 40 24 $805.56
$773,341.04 50 24 $644.45

Option A
2019, 2020, and 2021 Combined Entitlement (18 Months)
PLHA Allocation Households
Assisted
Months
Assisted
Benefit Per
Month
$773,341.04 20 18 $2,148.17
$773,341.04 30 18 $1,432.11
$773,341.04 40 18 $1,074.08
$773,341.04 50 18 $859.27

Option B
2019, 2020, and 2021 Combined Entitlement (12 Months)
PLHA Allocation Households
Assisted
Months
Assisted
Benefit Per
Month 535
Item # 11.

$773,341.04 20 12 $3,222.25
$773,341.04 30 12 $2,148.17
$773,341.04 40 12 $1,611.13
$773,341.04 50 12 $1,288.90

In order to better understand the impact of the potential benefit on our Milpitas families, staff researched the average rental cost for a one-, two-, and three-bedroom units in Milpitas. The table below displays the current average rent for each unit size.

Unit Size Avg Rent*
1BR $2,288
2BR $3,316
3BR $3,568
*Source: Zillow

As an example, a 24-month program benefiting 50 households with $644.45 per month, could result in a 28% reduction in housing cost for the average one-bedroom occupant, a 19% reduction for the average two- bedroom occupant, and a 18% reduction for the average three-bedroom occupant. This example uses the lowest possible benefit per month. If the City Council votes to use a term less than 24 months or to cap the households assisted below 50, then the benefit per month would increase.

The Housing Subcommittee and staff recommends assisting 50 households for 24 months to ensure the program can provide stability to the beneficiary. The Housing Subcommittee also requested that staff develop a thorough outreach plan to enhance awareness of the program to Milpitas residents.

Office of Assemblymember Alex Lee funding for Homelessness Prevention and Unhoused Services

The initial allocation request (Attachment 2) aimed to establish a Milpitas resource center as a 2-year pilot program ($500,000), support the continuation and expansion of the City’s mobile shower and laundry services, twice a week, for a period of 3 years ($300,000), and provide rent relief to vulnerable Milpitas residents ($700,000) was accepted by the City Council in Fiscal Year 2022-2023.

Staff has prepared preliminary research on the various homelessness prevention and unhoused services options to meet the intent of the initial funding request. Staff seeks City Council guidance before proceeding on the unused funds originally for the City’s mobile shower and laundry services, allocating any amount of rent relief funds, and ensuring the navigation center is still the City Council’s request. Below is a summary of the research and requests for guidance.

1. Milpitas Resource Center:

The original request allocated $500,000 for a resource center. A resource center was one of the options brought to Council by the Homelessness Task Force in February 2022. The City Council has had ongoing discussions surrounding how to support homeless residents. During the Task Force recommendation discussions in February 2022, the City Council elected to not move forward with a resource center, navigation center, day worker center, and/or safe parking. However, the City Council is scheduled to re-consider whether to re-prioritize a safe parking program in Milpitas at the October 17, 2023 City Council meeting. As the City received State funding for a resource center, staff is providing definitions below for clarity on some of the options the City Council may want to consider.

A day worker/help center is a clearinghouse and resource center that connects day workers to short- term jobs from residents and businesses. The facility would also function as a community and support center for clients with training classes and employment services. No overnight accommodations would be provided. Day worker centers in other cities predominately serve clients who already have housing 536 Item # 11.

and are pre-screened for employment. A help center can be expanded to support the unhoused population with added services or referrals to other service providers. Currently, the nearby cities with similar centers are Mountain View who has a day worker center and Fremont, who has both a help/resource center for unhoused individuals and a navigation center, administered by the City’s Human Services Department.

A navigation center is a rapid rehousing facility for the unhoused population with case management and wrap-around services to transition clients from homelessness to stable housing. The City Council has decided not to pursue this option through the recent prioritization projects voting on June 20, 2023.

A Safe parking program consists of sites for temporary parking of RVs (overnight only or 24-hours) to provide a secure and alternate location to on-street or off-street parking. Case management and supportive services are often, but not always, provided to transition clients to stable housing. The viability of this option depends on the number of individuals living in RVs, their willingness to participate in the program, and space availability. A half-acre site can accommodate about 15 RVs depending on the size of vehicles with allowance for on-site facilities, vehicle separation, and emergency access. As an alternative, the City Council could also consider a safe parking program that accommodates both RVs and passenger vehicles. The cities that currently have this option include San Jose, Morgan Hill, Mountain View, Palo Alto, and Fremont. The City Council will be discussing this option at the next quarterly prioritization meeting.

Tiny Home Villages are rapid rehousing models for unhoused individuals to live in individual or duplex modular shelters. They often include case management and wrap-around services to transition clients from homelessness to stable housing. A Tiny Home Village was one of the final recommendations from the Homelessness Taskforce. Per City Council direction, staff contracted with a consultant to conduct a Tiny Home Village Feasibility Study. The consultants are currently drafting the Feasibility Study, which is expected to be presented to City Council in late fall 2023. Funds from the state budget could be used to fund a potential Tiny Home Village, however, more research would be required to determine the true fiscal impact of such a project including ongoing operations and maintenance expenses.

As the original budget request was $500,000, staff seeks City Council guidance on the use of these funds as discussed further below.

2. Mobile Shower and Laundry Services:

The original budget request for $300,000 was meant to provide funding for this service for three fiscal years and increase service frequency from once a week to twice a week. There was no subsequent direction from the City Council regarding increasing the frequency to twice a week. Hence the Adopted FY 23-24 Budget includes funding for three years at a frequency of once per week. The City entered into a contract with WeHOPE on July 5, 2023, to continue mobile shower and laundry services until June 30, 2026, with a total-not-to exceed amount of $150,000.

As the original budget request was $300,000, staff seeks City Council guidance on the remaining $150,000 that was not allocated to the mobile shower and laundry services 3-year contract.

3. Rent Relief:

As noted above, the City Council requested and was approved for $700,000 in rent relief from the Office of Assemblymember Alex Lee. These funds will be added to the existing Rent and Mortgage Relief Program.

allow for an expansion of assistance coverage. The COVID-19 hardship requirement will still be in place for eligible applicants who access the remaining ARPA funded rent relief. The Housing Subcommittee recommended continuing with the initial request of $700,000 for rent relief, however, Council may elect to re-allocate these funds to other activities that fall within the scope of homelessness prevention and unhoused services.

Remaining Funds - $650,000
For the remaining $650,000 of the overall $1,500,000 of the Office of Assemblymember Alex Lee’s funding, the Housing Subcommittee recommended that the City Council be made aware there is no expenditure deadline and consider these funds under a possible safe parking program at the subsequent prioritization conversation.

Staff has sought clarification over the past year from state representatives on whether there is flexibility in using the funds to support other homelessness prevention and unhoused services than the ones initially requested. Recently, the Office of Assemblymember Alex Lee has requested a letter from staff that illustrates outcomes of the clarification sought as well as specifically what the City is looking for in terms of direction. It is important to note that staff is operating under the assumption that if the funding is used to support similar goals as the original funding request, i.e., to prevent homelessness and provide services to the unhoused, alternate funding options may be eligible.

FISCAL IMPACT

The City's receipt of the 2019, 2020, and 2021 PLHA grant would be in an amount not to exceed $1,017,554, in accordance with all applicable rules and laws. Any subsequent HCD entitled allocations will be incorporated into the annual budget development or separately for the City Council’s consideration.

Should the City Council approve FORWARD as the WHRAP administrator, an additional program administration cost will be required due to the $50,877.70 maximum allowed by PLHA. The additional amount of $28,389.76 will be paid from the Affordable Housing Community Benefit Fund (Fund 216).

City Council accepted the homelessness prevention and unhoused services grant awarded by the Office of Assemblymember Alex Lee through the fiscal year 2022-2023 State budget on September 6, 2022. The award is in the amount not to exceed $1,500,000, in accordance with all applicable rules and laws. Any program requiring additional funding will come back to the City Council for consideration.

CEQA

The action is a fiscal activity of the City government or an action to create a City government funding mechanism that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, § 15378. The action is an organizational or administrative activity of the City government that will not Result in direct or indirect physical changes in the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, § 15378.

RECOMMENDATIONS:

1. Receive a recommendation from the Housing Subcommittee and staff to provide rental assistance for up to 50 households over 24 months through a Workforce Housing Rental Assistance Program.

2. Approve and Authorize Acting City Manager, or designee, to allocate an additional Approve and Authorize the Acting City Manager, or designee, to allocate an additional appropriation of $28,389.76 from the Affordable Housing Community Benefit Fund to FORWARD for the administration of the Workforce Housing Rental Assistance Program.

3. Provide feedback and guidance on the use of an allocation from the State Budget for Homelessness Prevention and Unhoused Services for the Workforce Housing Rental Assistance Program. 538
Item # 11.

ATTACHMENTS:

1. PLHA Award Letter

2. One-Time State Funding Request letter for Homelessness Prevention and Unhoused Services

3. Budget Change Form

539
Item # 11.

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF STATE FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 670, 95833
P. O. Box 952054
Sacramento, CA 94252-2054
(916) 263-2771
www.hcd.ca.gov

February 15, 2023

Steven G. McHarris, Interim City manger
City of Milpitas
455 East Calaveras Boulevard
Milpitas, CA 95035

Dear Steven G. McHarris:

RE: Award Announcement – Permanent Local Housing Allocation Program Round 3, Notice of Funding Availability, Fiscal Year 2022/2023 City of Milpitas
Contract No. 22-PLHA-17661

The California Department of Housing and Community Development (Department) is pleased to announce that the City of Milpitas has been awarded a Permanent Local Housing Allocation (PLHA) program award in the amount of $1,017,554. This letter constitutes notice of the designation of PLHA program funds for use in Santa Clara County for the following activities:

• Rental Assistance
• Supportive/Case Management Services

The City of Milpitas will be required to enter into a Standard Agreement that will set forth conditions for funding and milestones that are required to be met. Reimbursement of eligible expenses are subject to the terms outlined in Section 304(d) of the PLHA adopted program guidelines.

Congratulations on your successful application. For further information, please contact Doniell Cummings, PLHA Program Manager, Program Design and Implementation Branch, at (916) 695-9006 or [email protected].

Sincerely,

Jennifer Seeger
Deputy Director
Division of State Financial Assistance
540
Item # 11.

455 EAST CALAVERAS BOULEVARD , MILPITAS , CALIFORNIA 95035- 5479 PHONE: 408- 586- 3059, www.ci.milpitas.ca.gov

March 28, 2022

Honorable Assemblymember Alex Lee via E-mail:
1313 North Milpitas Boulevard [email protected] Suite #255
Milpitas, CA 95035

RE: City of Milpitas’ One-Time State Funding Requests

Honorable Assemblymember Lee,

Per our conversation, and on behalf of the City of Milpitas, I am requesting your support of one- time funding as part of the FY 2022-23 State budget for the following three projects.

Cardoza Park Softball Fields Improvement
The Milpitas North Valley Police Athletic League Softball League, formerly known as Milpitas North Valley Bobby Sox, has offered inclusive softball activities for 400 Milpitas youth annually for 24 years focusing on giving young girls in our community the confidence and leadership skills to succeed in life, while also being active and healthy using the fundamentals of athletics.

For most of the program’s life, it was held at the Russell Middle School Bobby Sox fields, owned the Milpitas Unified School District (MUSD). In 2021, MUSD started to renovate the Russel Middle School fields for multi-use play with a track, soccer field, and small softball field. To support the continuation of softball league activities, the City temporarily transitioned the PAL Softball Program to Dixon Landing Park Sports fields. Aside from the youth players and their families, thousands of interleague players and spectators stretching from San Lorenzo to the Central Valley, visit Milpitas for team play, scrimmages, and tournaments.

In December 2021, the City Council approved the City’s Parks Master Plan, which provides for four softball fields to ensure a permanent home for Milpitas softball activities. As part of the FY 2023-2027 Capital Improvement Program, the City Council will allocate $500,000 to fund the design of the project. The cost for construction is estimated at $7 million. The City requests support for all or a portion of the estimated construction cost.

Bike Lane Facilities Enhancement
The City Council is scheduled to approve the City of Milpitas Climate Action Plan in June 2022.

In 2019, approximately 60% of Green House Gas emissions were related to on-road vehicle traffic. To encourage greater mode shift from motorized vehicle travel, the city desires improving existing bicycle facilities to promote multi-modal nature of roadways and increase bicyclist comfort. The City maintains stripping for approximately 26 miles of bike lanes (Class II bike lanes); however, the vast majority of these lanes do not have the green-colored pavement

C ITY OF M ILPITAS

O FFICE OF M AYOR R ICH T RAN

541
Item # 11.

City of Milpitas’ One-Time State Funding Requests Page 2 of 2 March 28, 2022

identifying potential areas of conflict, which are typically close to intersections, or other protective measures.

In order to support safer bicycle traffic, the City requests funding in the amount of $1,000,000.

This allocation would support upgrading existing bike lane infrastructure with green-colored pavement at intersections and through conflict areas, establish green-colored intersection bike boxes, buffered bike lanes, and/or separated bikeways marked with bollards, posts, or on-street parking.

Homelessness Prevention and Unhoused Services
Affordable Housing policies and programs and services for the unhoused are a high priority for the City Council. On March 1, 2022, the City Council provided input on the recently completed Homelessness Task Force report and individual members of the Council expressed interest in several items such as a homelessness help center, safe parking areas, prevention programs, a day worker center, a feasibility study for a navigation center, a dumpster or trash cans and expansion of the City’s mobile shower and laundry services. The City also contracts with Santa Clara County to provide outreach and assessment services to the unhoused population in Milpitas. Some of the services currently funded by the City draw upon various one-time funding sources. In order to continue to serve those at risk of homelessness and the unhoused population, the City requests funding in the amount of $1,500,000. This allocation would support continuing and expanding the City’s mobile shower and laundry services, twice a week, for a period of 3 years ($300,000), establish a Milpitas Resource Center as a 2-year pilot program ($500,000), and provide rent relief to vulnerable Milpitas residents ($700,000).

On behalf of the City of Milpitas and its residents, I appreciate your consideration and support for the three funding requests. For questions regarding these requests, please contact Ashwini Kantak, Assistant City Manager, at [email protected] or 408-586-3053 or Walter C.

Rossmann, Deputy City Manager, at [email protected] or 408-586-3012.

Sincerely,

Rich Tran, Mayor
City of Milpitas

C: Milpitas City Council
Steve McHarris, City Manager
Ashwini Kantak, Assistant City Manager
Walter C. Rossmann, Deputy City Manager
542
Item # 11.

City of Milpitas, California

BUDGET CHANGE FORM

From (Credit) To (Debit)
Type of Change

Account

Amount

Account

Amount
Check one:

 Budget
Appropriation
 Budget Transfer

216-2909

$28,390

216-536-4237

$28,390

Recommendation:

(a) Provide input on Housing Subcommittee and staff recommendation to provide rental assistance to 50 households over 24 months through a Workforce Housing Rental Assistance Program.

(b) Approve and Authorize Acting City Manager, or designee, to allocate an additional appropriation of $28,389.76 to FORWARD for the administration of the Workforce Housing Rental Assistance Program from the Affordable Housing Community Benefit Fund.

(c) Provide feedback and guidance on the proposed Workforce Housing Rental Assistance Program and the State Budget for Homelessness Prevention and Unhoused Services.

BACKGROUND:

This Agenda Report focuses on two separate unhoused services funding awards totaling approximately $3,000,000.

The purpose of the Permanent Local Housing Allocation (PLHA) of approximately $1,500,000 is to develop housing- related projects and programs that assist in addressing the unmet housing needs of Milpitas. The purpose of the $1,500,000 in one-time state funding awarded through the Office of Assemblymember Alex Lee is to continue to serve those at risk of homelessness and the unhoused population.

Permanent Local Housing Allocation (PLHA)

In 2017, Governor Brown signed a 15-bill housing package aimed at addressing the state’s housing shortage and high housing costs. This included Senate Bill 2 Building Homes and Jobs Act (SB-2), which created a recording fee on real estate documents to increase the supply of affordable homes in California. SB -2 established that 70% of the revenue collected, beginning in calendar year 2019, will go to locally administered affordable housing, otherwise known as Permanent Local Housing Allocation (PLHA).

The remaining balance will be split with approximately 20% of the remaining funding allocated to fund the City’s homeless outreach and assessment services for an additional three fiscal years, and the final 80% for a Workforce Housing Rental Assistance Program (WHRAP). Preliminary information regarding the WHRAP was presented to the City Council on November 1, 2022, and April 4, 2023. Staff has developed a more detailed explanation of WHRAP which is provided below.
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Office of Assemblymember Alex Lee funding for Homelessness Prevention and Unhoused Services

In March 2022, the City requested support of one-time funding as part of the fiscal year 2022-2023 State budget through Assemblymember Alex Lee’s Office. The funding request included establishing a Milpitas resource center as a 2-year pilot program ($500,000), supporting the continuation and expansion of the City’s mobi le shower and laundry services, twice a week, for a period of 3 years ($300,000), and providing rent relief to vulnerable Milpitas residents ($700,000). In fall 2022, the City received notification of the award of state funding, through Assemblymember Lee’ s Office, in the amount of $1,500,000 for housing related programs and services, which was incorporated into the City’s Fiscal Year 2023-2024 Budget.

Housing Subcommittee

The Housing Subcommittee’s feedback consisted of ensuring outreach and assessment included individuals who were at risk of homelessness. The Housing Subcommittee also recommended to both fund 50 households for 24 months and expressed support for FORWARD to serve as the program administrator as they are currently administering the City’s Rent and Mortgage Relief Program, and this will ensure the onset of WHRAP to be launched as possible . In addition, the Housing Subcommittee expressed support for utilizing the Office of Assemblymember Alex Lee’s state funding for the continuation of the original allocation of $700,000 for rent relief and to consider safe parking as another viable option for the remaining funds. A consensus was reached by the Housing Subcommittee to have the City Council consider a safe parking program at the next prioritization item conversation. The staff recommendations in this Agenda Report reflect the direction provided by the Housing Subcommittee at the August 2023 meeting.

ANALYSIS:

The report provides information and seeks input related to both state funding programs.

Permanent Local Housing Allocation

Household Size 1 2 3 4 5 6
30% AMI $37,450 $42,800 $48,150 $53,500 $57,800 $62,100

Workforce Housing Rental Assistance Program (WHRAP)

WHRAP would function similarly to a Section 8 voucher system in that the funds w ould be provided directly to the landlord and would be used to offset a specific amount of rent paid by the tenant, but not the entire rent.

Staff recommends utilizing PLHA funding to provide rental assistance for individuals who work and/or live in Milpitas.

More information regarding preferences will be presented further in this report.

Given the income levels, individuals who are likely to be assisted with this program are as follows:

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WHRAP Program Administration

The City was awarded a total grant of $1,017,554 for 2019, 2020, and 2021 PLHA funds. Five percent (5%) of the total grant, or $50,877.70, is allocated for program administration. The use of these funds was previously approved by Council and HCD. The Housing Division will oversee the WHRAP, however, a third -party administrator will be required to facilitate the initial tenant selection and monthly rental assistance distribution. If approved by the City Council, Housing staff will work closely with the program administrator to ensure compliance with program guidelines, and Building Safety will provide a housing inspector to pre-inspect any unit that will receive WHRAP funding. While unit inspections are not required, HCD recommends making sure the units leased by recipients of rental assistance are decent, safe, and sanitary, through inspections.

Although the City’s five-year plan was approved by HCD, only the 2019, 2020, and 2021 funds have been awarded.

Each of the three awarded years has different award amounts and usage deadlines. The table below reflects this data:

Allocation Years Amount Awarded Expenditure Deadline
Year 1 (2019) $ 238,595 4/30/2024
Year 2 (2020) $ 370,850 4/30/2025
Year 3 (2021) $ 408,109 4/30/2026
Total $1,017,554

As shown in the table above, the 2019 usage deadline is April 30, 2024. Typically, the City would conduct a request for proposal (RFP), which may take 3-6 months to procure a program administrator. Given the deadline for the 2019 funds to be spent is approximately 6 months away, staff is recommending awarding the program administration of the WHRAP to FORWARD (formerly LiveStories). FORWARD responded to the initial ARPA Milpitas Small Business Grant Program RFP and was awarded as the fiscal administrator in 2021. In addition, FORWARD is currently administering the ARPA funded Rent and Mortgage Relief Program, and the City Council recently approved the use of FORWARD’s services for the CDBG funded Microenterprise Grant Program, which is forthcoming. FORWARD has the technology and human resources to expedite the needs of the City and staff has established a great working relationship with FORWARD.

Funding Source Amount
PLHA Administrative Fee Allowance $50,877.70
Affordable Housing Community Benefit Fund $28,389.76
Total Administration Fee Required $79,267.46

It is important to note that the PLHA administrative funding source has already been approved by the City Council at the November 1, 2022, meeting and HCD and cannot be used for any other purpose.

WHRAP Selection Process

1. A household where at least one adult both lives and works in Milpitas.

2. A household where at least one adult lives in Milpitas and does not work in Milpitas.

3. A household where at least one adult works in Milpitas but does not live in Milpitas.

Longitudinal Household Employment Dynamics, 2017). Since the percentage of the workforce that both lives and works in Milpitas is low, staff is inclined to extend the assistance to residents of Milpitas who are an important part of the regional workforce and who may also benefit from the WHRAP. And finally, if there is still available funding, staff would select households where one adult works in Milpitas but does not live in Milpitas.

Eligible households must comply with the following:
 Households who make 30% AMI or less
 Must be renting
 Must occupy the entire unit, no shared living arrangements  Tenant in good standing
 At least one adult in the household must be employed in Milpitas (to initially qualify)

The figures below are meant to illustrate the potential benefit per month. The final numbers are subject to change as staff finalizes the funding arrangement with HCD, but a significant change is not anticipated.

2019, 2020, and 2021 Combined Entitlement (24 months)
PLHA Allocation Households Assisted Months
Assisted
Benefit Per
Month
$773,341.04 20 24 $1,611.13
$773,341.04 30 24 $1,074.08
$773,341.04 40 24 $805.56
$773,341.04 50 24 $644.45

2019, 2020, and 2021 Combined Entitlement (18 Months)
PLHA Allocation Households
Assisted
Months
Assisted
Benefit Per
Month
$773,341.04 20 18 $2,148.17
$773,341.04 30 18 $1,432.11
$773,341.04 40 18 $1,074.08
$773,341.04 50 18 $859.27

2019, 2020, and 2021 Combined Entitlement (12 Months)
PLHA Allocation Households
Assisted
Months
Assisted
Benefit Per
Month
$773,341.04 20 12 $3,222.25
$773,341.04 30 12 $2,148.17
$773,341.04 40 12 $1,611.13
$773,341.04 50 12 $1,288.90

As to the number of participants, staff researched the average rental cost for a one-, two-, and three-bedroom units in Milpitas. The table below displays the current average rent for each unit size.

Unit Size Avg Rent*
1BR $2,288
2BR $3,316
3BR $3,568
*Source: Zillow
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As an example, a 24-month program benefiting 50 households with $644.45 per month, could result in a 28% reduction in housing cost for the average one-bedroom occupant, a 19% reduction for the average two-bedroom occupant, and a 18% reduction for the average three-bedroom occupant. This example uses the lowest possible benefit per month. If the City Council votes to use a term less than 24 months or to cap the households assisted below 50, then the benefit per month would increase.

Office of Assemblymember Alex Lee funding for Homelessness Prevention and Unhoused Services

1. Milpitas Resource Center:

The original request allocated $500,000 for a resource center. A resource center was one of the options brought to Council by the Homelessness Task Force in February 2022. The City Council has had ongoing discussions surrounding how to support homeless residents. During the Task Force recommendation discussions, the City Council elected to not move forward with a resource center, navigation center, day worker center, and/or safe parking. As the City received State funding for a resource center, staff is providing definitions below for clarity on some of the options the City Council may want to consider.

A day worker/help center is a clearinghouse and resource center that connects day workers to short-term jobs from residents and businesses. The facility would also function as a community and support center for clients with training classes and employment services. No overnight accommodations would be provided. Day worker centers in other cities predominately serve clients who already have housing and are pre-screened for employment. A help center can be expanded to support the unhoused population with added services or referrals to other service providers.

Currently, the nearby cities with similar centers are Mountain View who has a day worker center and Fremont, who has both a help/resource center for unhoused individuals and a navigation center, administered by the City’s Human Services Department.

A Safe parking program consists of sites for temporary parking of RVs (overnight only or 24-hours) to provide a secure and alternate location to on-street or off-street parking. Case management and supportive services are often, but not always, provided to transition clients to stable housing. The viability of this option depends on the number of individuals living in RVs, their willingness to participate in the program, and space availability. A half-acre site can accommodate about 15 RVs depending on the size of vehicles with allowance for on-site facilities, vehicle separation, and emergency access. As an alternative, the City Council could also consider a safe parking program 547
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that accommodates both RVs and passenger vehicles. The cities that currently have this option include San Jose, Morgan Hill, Mountain View, Palo Alto, and Fremont. The City Council will be discussing this option at the next quarterly prioritization meeting.

2. Mobile Shower and Laundry Services:

3. Rent Relief:

Unlike the existing allocation for rent relief, which was funded by ARPA, the State’s budget does not require a COVID-19 hardship to allocate funds for rental assistance. Staff recommend eliminating the COVID-19 hardship requirement for the rent relief money received from the State’s budget as this will allow for an expansion of assistance coverage. The COVID-19 hardship requirement will still be in place for eligible applicants who access the remaining ARPA funded rent relief. The Housing Subcommittee recommended continuing with the initial request of $700,000 for rent relief, however, Council may elect to re-allocate these funds to other activities that fall within the scope of homelessness prevention and unhoused services.

Remaining Funds - $650,000
For the remaining $650,000 of the overall $1,500,000 of the Office of Assemblymember Alex Lee’s funding , the Housing Subcommittee recommended that the City Council be made aware there is no expenditure deadline and consider these funds under a possible safe parking program at the subsequent prioritization conversation.

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FISCAL IMPACT

RECOMMENDATIONS:

1. Provide input on Housing Subcommittee and staff recommendation to provide rental assistance to 50 households over 24 months through a Workforce Housing Rental Assistance Program.

2. Approve and Authorize Acting City Manager, or designee, to allocate an additional appropriation of $28,389.76 to FORWARD for the administration of the Workforce Housing Rental Assistance Program from the Affordable Housing Community Benefit Fund.

3. Provide feedback and guidance on the proposed Workforce Housing Rental Assistance Program and the State Budget for Homelessness Prevention and Unhoused Services.

ATTACHMENTS:

1. PLHA Award Letter

2. One-Time State Funding Request letter for Homelessness Prevention and Unhouse d Services

3. Budget Change Form

 Check if City Council Approval required. Meeting: October 3, 2023

Requested by: Department Head: Alex Andrade Date: October 3, 2023 Reviewed by: Finance Director: Lauren Lai Date: October 3, 2023 Approved by: Acting City Manager: Ned Thomas Date: October 3, 2023

Date approved by City Council, if required: Confirmed by:

FI/24786/V Form 30-222 (Rev. 1/92)
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1 CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Receive a Progress Report and Provide Direction to Staff on the Work Completed to Date on Phase 1 of the Comprehensive Zoning Ordinance Update, Including the Background and Recommendations Report, Draft New Zoning Districts (Business Park. Research and Development and Metro Area Zoning Districts), and Draft Updated Citywide Zoning Map (Staff Contact: Jay Lee, Interim Planning Director, 408-586-3077; and Holly Pearson, Senior Special Projects Associate, 408-609-0072) Category: Community Development
Meeting Date: 10/3/2023
Recommendation: Receive a progress report and provide direction to staff on the work completed to date on Phase 1 of the Comprehensive Zoning Update, including the Background and Recommendations Report, draft new zones (Business Park Research and Development and Metro Area Zones), and draft updated Citywide Zoning Map.

BACKGROUND:

The City of Milpitas recently launched an effort to comprehensively update the Zoning Ordinance (Milpitas Municipal Code Title XI, Chapter 10), which is the primary implementation tool for the City’s General Plan with regard to land use and urban development. Zoning regulations are a tool to implement the vision and goals for growth and preservation of the city by setting forth rules and standards for what may be built, and what types of uses or businesses may be located where. The City’s Zoning Ordinance a ddresses topics such as land uses, administration and procedures for new development as well as alterations to existing buildings and lots, development standards such as building height and lot coverage, and other important topics such as parking and landscaping.

This Agenda Report focuses on the first phase of the comprehensive zoning update project. This phase includes work on new zoning districts: the Business Park Research and Development (BPRD) Zone and the Metro Area Zones. The BPRD Zone is being created to implement the new General Plan land use designation by the same name, while the Metro Area Zones are being developed to implement the land use policies and standards in the Milpitas Metro Specific Plan (Metro Plan), which was adopted in February 2023. Work completed as part of Phase 1 also includes updates to the City’s zoning map to bring the zoning of all properties in the city into consistency with the land use designations in the Metro Plan and the recently updated General Plan. The Background Review and Recommendations Report, which outlines the policy framework and content for the full, comprehensive Zoning Ordinance update (Phases 1 and 2), is also discussed.

ANALYSIS:

An overview of the Comprehensive Zoning Update Project, project objectives, draft deliverables, and community feedback received to date is provided below.

Overview of Comprehensive Zoning Update Project
The City’s Zoning Ordinance was originally written and adopted in 1955, with the most recent significant update having taken place in 2008. Although there have been multiple ad hoc amendments in recent years in response to changes in state law, zoning practice, and technology, overall the Zoning Ordinance has not kept pace with changing trends in land use and economics and does not reflect current best practice s in planning and development regulations. In addition, it contains many outdated terms and needs to be reorganized to improve clarity and ease of use.

In 2021 the City completed a comprehensive update to its general plan, titled the Milpitas 2040 Genera l Plan. 550
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2 The adoption of the new General Plan created an opportunity as well as a legal mandate to update the Zoning Ordinance (also referred to as the Zoning Code) to ensure that the code achieves the type of development that will carry out the vision set forth in the General Plan. The zoning update will ensure that the code implements the zoning -related policies and actions in the General Plan for community design, economic development, conservation and sustainability, and community health and wellness.

The City of Milpitas and its consultant for the zoning update, Lisa Wise Consulting (LWC), commenced work on the project in February 2023. The full zoning update will take approximately two and a half years to complete, with the goal of having the updated Zoning Ordinance adopted by the City Council by the summer of 2025.

Project Objectives
Milpitas’ current Zoning Ordinance has only been modified over the years through minor amendments in order to keep up with new state requirements and address targeted policy issues on an ad hoc basis. A comprehensive update will add clarity to the overall organization and usability of the code, reflect current land uses and development practices and trends, and e nsure transparency in the administrative processes and permitting procedures. Ultimately, the effort will lead to a user -friendly, illustrated, legally compliant, and effective set of regulations that implements the General Plan.

The zoning update project is designed to achieve the following objectives:

 Modernize the Zoning Ordinance . Modernization involves updating definitions, uses, development standards, and design standards to more accurately reflect current development practices and trends. It also means ensuring the ordinance is compliant with state and federal law.  Make the Zoning Ordinance more user friendly. The updated ordinance will be organized in a logical and intuitive manner and include clear and graphically consistent diagrams to illustrate standards as needed.  Ensure consistency across all applicable City documents. The updated ordinance will be consistent with and implement existing City documents, including the General Plan, updated Housing Element, Metro Specific Plan, Economic Development Strategy, Climate Action Plan, and other applicable planning and policy documents.
 Promote more compact, mixed -use and transit -oriented development types, where appropriate . In the more urban areas of the city, the zoning update will seek to establish appropriate standards for design, parking, sustainability, and other topics.

Phase 1 of the project focuses on the essential updates to the Zoning Ordinance and map that are needed to implement the land use policies in the recently updated General Plan and adopted Metro Specific Plan. These tasks include (1) creating the new Business Park Research and Development (BPRD) and Metro Area zones, and (2) making the citywide zoning map consistent with the General Plan and Metro Specific Plan. Phase 2 will address updates to the full Zoning Ordinance in keeping with the project objectives.

Draft Deliverables from Phase 1 of Comprehensive Zoning Update Three major deliverables for the zoning update project have been prepared to date. The Background Review and Recommendations Report summarizes the policy review and analysis conducted for the project and outlines the recommended content for the full zoning update (Phases 1 and 2). The draft work products for Phase 1 include proposed amendments to the Zoning Ordinance (regulations for the BPRD and Metro Area zones, plus related amendments to other sections of the code) and updated citywide zoning map.

Background Review and Recommendations Report
This report inform s the content of and approach to the comprehensive z oning update. The purpose of the Recommendations Report is to:

 Evaluate the effectiveness of the existing Zoning Ordinance  Review inconsistencies between the existing Zoning Ordinance and various City planning, regulatory, and policy documents
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3  Identify key issues to be addressed and recommendations to be considered for the zoning update.

LWC has conducted a review of the City’s existing Zoning Ordinance as well as several other City policy documents, including the Milpitas 2040 General Plan, the recently adopted 2023 -2031 Housing Element, Economic Development Strategy, and Climate Action Plan, among others. LWC has also analyzed the compliance of the City’s existing zoning regulations with current state and federal laws and court rulings that relate to local land use regulation.

The results of this analysis are summarized in the Background Review and Recommendations Report (Attachment A), along with an identification of items and topics to be addressed through the full zoning update over the next two years.

New Zones: Amendments to the Zoning Ordinance

Overview
The Land Use Element of the Milpitas 2040 General Plan includes two new land use designations that did not exist under the City’s previous general plan: Business Park Research and Development (BPRD) and Neighborhood Commercial Mixed Use (NCMU). BPRD is an industrial land use designation that is “intended to accommodate business parks, high-intensity office buildings, light manufacturing parks, and light industrial areas that provide for a variety of businesses that support employment opportunities and services for Milpitas and the region” (Milpitas 2040 General Plan, page LU -7). NCMU is a lower -intensity mixed use designation that was created “to accommodate a mix of commercial and residential uses with an emphasis on commercial activity as the primary use, and residential uses, hotel, and office development allowed on a limited basis” (Milpitas 2040 General Plan, page LU-6).

The Metro Specific Plan focuses on an area of approximately 510 gros s acres in the southern end of Milpitas and includes the Milpitas BART station and Transit Center, the Great Mall, and surrounding areas. Table 2-1 in Chapter 2Land Use and Public Space of the Metro Plan outlines eight land use classifications within the plan area and their corresponding zoning districts. The implementing zoning districts listed in the Metro Plan are similar to other zoning districts that currently exist in the City’s Zoning Ordinance: High Density Mixed Use (MXD2) and Very High Density Mi xed Use (MXD3); Multi -Family High Density Residential (R3), Multi -Family Very High Density Residential (R4), and Urban Residential (R5). In addition, the Metro Plan includes two variations of the new BPRD land use classification and corresponding BPRD zones (BPRD and BPRD-R)1, with the distinguishing factor being that the latter allows residential uses on a limited basis.

Because the NCMU Zone, which will implement the NCMU General Plan land use designation, is closely related to the proposed new Housing O pportunity Districts (HODs) (formerly called Housing Opportunity Zones, or HOZs), work to develop draft zoning regulations for NCMU is being carried out under a separate effort. The Planning Department has been working with consultant Raimi + Associates since early 2022 on the HODs and new NCMU Zone.

Accordingly, the proposed new zones drafted for Phase 1 of the comprehensive zoning update are:

 Business Park Research and Development (BPRD)
 Metro Multi-Family High Density Residential (R3-Metro)  Metro Multi-Family Very High Density Residential (R4-Metro)

1 Note that although Table 2-1 in the Metro Specific Plan includes a lower intensity and a higher intensity version of the BPRD land use classification (BPRD-L and BPRD-H), through the process of drafting the new zones, Planning staff and LWC determined th at two separate implementing zones are not needed. Instead, the variations in allowed development intensity in the BPRD can be achieved through development standards that allow increased intensity within closer proximity to the Milpitas Transit Center. See discussion on page 5.

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4  Metro Urban Residential (R5-Metro)
 Metro High Density Mixed Use (MXD2-Metro)
 Metro Very High Density Mixed Use (MXD3-Metro)
 Metro Business Park Research and Development, Limited Residential; (BPRD-R-Metro)  Metro Business Park Research and Development (BPRD-Metro)

In addition to these base zone regulations, the draft amendments to the Zoning Ordinance include related changes to Section 2 Definitions and Section 53 Off-Street Parking Regulations. Other Phase 1 draft amendments to the Zoning Ordinance include new regulations for mobile fueling uses. Lastly, a new subsection

54.18Housing Element Sites has been added to codify new requirements included in the recently updated 2023-2031 Housing Element; and a new subsection 56.06Nonconforming Parcels has been added to establish new provisions related to parcels that do not comply with the required minimum lot area. The full text of the draft Zoning Ordinance amendments is included as Attachment B.

Definitions (Section 2)
Draft new or revised definitions are included for land uses that are encouraged in the BPRD Zone, including Research and Development (R&D), Advanced Manufacturing, and Retail, Limited. In addition, other needed changes to definitions (both new and updated definitions) were identified through the process of drafting the use regulations for the BPRD and Metro Area zones (e.g., Active Use; College and University, Public or Private; Community Garden; Contractor’s Shop; Convenience Store; Custom and Artisan Manufacturing; Parcel Hub; Service Station; and Self-Storage/Mini Storage). A new draft definition for Mobile Fueling has also been added (see section below on Mobile Fueling Regulations, page 5).

BPRD Zone (Section 7)
The proposed new zoning regulations for the Business Park Research and Development Zone have been incorporated into the existing Industrial Zones code section (Section 7). Draft use regulations and development and design standards for the BPRD zone have been prepared in accordance with the intent and description of the BPRD land use designation in the General Plan. In order to prioritize and incentivize target industries such as research and development, advanced manufacturing, and other high -tech sectors, Planning staff worked closely with Economic Development staff in drafting the use regulations for the BPRD zone ((Table XI-10-7.02- 1: Industrial Zone Uses, with footnotes) and ensure an appropriate level of review and permit type for various types of uses in BPRD.

Permitted uses would include research and development (R&D), offices, advanced manufacturing, laboratories, warehousing, and other similar light industrial uses. Other uses that support a primary employment generating use would be allowed with a minor conditional use permit (staff level review) or conditional use permit (Planning Commission level review). Most other commercial uses, all vehicle-related uses, and all residential uses would be prohibited.

The draft development standards for BPRD (T able XI -10-7.03-1) as well as new proposed special design standards for BPRD (Subsection XI -10-7.05) have been designed to facilitate development in a “campus -like setting” as called for in the General Plan. These standards aim to create attractive and high-quality development with a higher level of amenity (landscaping, public open spaces, pedestrian and bicycle facilities, landscaping and screening of parking areas, etc.) than is required for a typical or traditional industrial zone.

Metro Area Zones (Section 9)
A new draft code section has been added for the Metro Area Zones (Section 9). As mentioned previously in the overview of new zoning districts, there are eight proposed zones in the Metro Specific Plan area that are essentially variations of existing mixed-use and residential zones. The distinction between the “regular” versions of these zones (R3, R4, R5, MXD2, MXD3, BPRD) and the Metro versions is that the Metro zones generally allow a higher density and/or intensity of development, with a more urban character and greater emphasis on a transit-oriented, pedestrian-oriented built environment, than the existing zones on which they are based. As 553
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5 noted above, there are two variations of the BPRD-Metro zone, one which allows limited residential use (BPRD- R Metro) and one which prohibits residential.

Proposed use regulations and requirements for review/permitting, as set forth in Table XI-10-9.02-1: Metro Area Zone Uses and related footnotes, are focused on allowing vibrant, walkable, high -intensity mixed-use areas around the BART station and Milpitas Transit Center. Special use regulations for the Metro Zones (Subsection XI-10-9.03) have largely been carried over from the regulations for the corresponding “regular” mixed -use and residential zones.

Draft development standards for the Metro Area zones (Table XI-10-9.04-1) have been carried over directly from the standards in the Metro Specific Plan. For the BPRD Metro zone, a provision has been included that would allow increased floor area ratio (FAR) on a sliding scale, based on proximity to the Milpitas Transit Center (see footnote 2 to the development standards table). This provision implements the intended distinction between the higher- and lower-intensity iterations of the BPRD -Metro Zones that is described in Table 2.1 of the Metro Specific Plan.

Special development standards for the Metro Zones (Subsection XI -10-9.05) have been carried over from corresponding standards in existing “regular” mixed -use and residential zones. A section on special d esign standards (Subsection XI-10-9.06) has also been included to ensure a high -quality and visually appealing built environment and to achieve the goal of development that is dense and transit -oriented, yet pedestrian-friendly and human scale.

Mobile Fueling Regulations (Sections 7 and 9)
The City’s Zoning Ordinance does not currently have regulations specific to mobile fueling. Planning staff recognizes that given the recent increase in mobile fueling operations in Milpitas and other cities, it would be prudent to include specific regulations for mobile fueling in the Zoning Ordinance. Accordingly, mobile fueling has been defined in Section 2 and added to the draft use tables in the BPRD (Section 7) and Metro Area zones (Section 9). Mobile fueling for individual vehicles/customers would be permitted in all zones and locations, since it is an accessory “delivery service” to a property (similar to delivery of prepared food or other retail goods) rather than a primary use of a property. Large-scale mobile fueling for fleet vehicles at a fixed location, which is similar to a “Commercial Fueling Facility ,” would be conditionally permitted (i.e., would require a CUP , with Planning Commission review) in the BPRD and all other industrial zones, and would be prohibited in all Metro zones (note:
these draft zoning regulations are supplemental to the existing mobile fueling regulations in the Milpitas Fire Code).

Off-Street Parking Requirements (Section 53)
Draft vehicle parking requirements (minimum and maximum) and bicycle parking requirements (short-term and long-term) for the Metro zones have been added to Section 53 Off-Street Parking Regulations. These requirements directly reflect the vehicle and bike parking standards in the Metro Specific Plan, Chapter 4: Mobility and Circulation (see page 148 of the Metro Specific Plan).

Parking requirements for newly added use classifications have also been added to the table of required parking spaces based on land use category in Section 53 (re-numbered in the draft as Table 53.09-3).

Housing Element Sites (Subsection 54.18)
The City’s newly updated 2023 -2031 Housing Element includes new actions to encourage housing production on priority sites identified in the Housing Element that require new implementing provisions in the Zoning Ordinance. Program 1 (see pages 66 -68 of the 2023 -2031 Housing Element) includes actions related to providing by-right approval for certain housing projects.

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6 These provisions have been added to the Zoning Ordinance in a new subsection 54.18 2023-2021 Housing Element Sites. These proposed zoning amendments fulfill the implementation of the above actions outlined as part of Program 1, as required by the adopted Housing Element.

Nonconforming Parcels (Subsection 56.05)
As a result of proposed c hanges to the zoning of certain residential parcels in the city to align the zoning with the General Plan land use designations and corresponding allowable densities (discussed below in the section “Updated Citywide Zoning Map – Other residentially zoned parcels” on pages 6-7), 65 single-family residential properties in Milpitas would have an existing lot area that does not comply with the minimum lot area required per the updated zoning district. In order to address this issue, a new draft subsection 56.05 Nonconforming Parcels has been added to the code. This subsection clarifies that legal lots with nonconforming minimum lot areas are considered buildable parcels and may be developed and improved according to applicable zoning standards.

Updated Citywide Zoning Map
State law requires that a local jurisdiction’s zoning ordinance and map be consistent with its general plan. LWC performed a detailed analysis of the City’s existing zoning map and its compliance with the Land Use Map (Figure LU-1) in the updated Milpitas 2040 General Plan. The analysis identified approximately 490 parcels across the city that require rezoning for consistency with their land use designations under the updated General Plan. These include parcels in the following categories:

 Parcels with General Plan land use designation of NCMU These properties are proposed to be rezoned to one of the corresponding zoning districts identified in Table 1: General Plan Designations and Implementing Zoning Districts on pages LU-14 and LU-15 of the Land Use Element (NCMUNeighborhood Commercial Mixed Use Zone, C1Neighborhood Commercial Zone, C2General Commercial Zone, MXDMixed Use Zone, and COAdministrative and Professional Office Zone). Properties in the vicinity of California Circle with the NCM U General Plan designation are proposed to be rezoned as C2 or MXD, based on existing conditions/uses and future development potential. Properties in other areas of the city with the NCMU General Plan designation are proposed to be rezoned as the new NCMU zoning district, which will be completed concurrently with the adoption of the HODs and NCMU zoning regulations (under a separate effort).

 Parcels with General Plan land use designation of BPRD The large Southwest Employment Area in the southwestern porti on of Milpitas, centered around McCarthy Boulevard is proposed to be rezoned as BPRD. A smaller area around the southern end of Cadillac Court with the BPRD General Plan designation is proposed to remain zoned as MP Industrial Park, which is also consistent with the BPRD General Plan designation.

 Parcels in the Metro Specific Plan Area
All properties within the Metro Specific Plan area are proposed to be rezoned to one of the eight new Metro zones described above in the “New Zones” section on page 6. The proposed rezonings in the Metro area are consistent with the Land Use Diagram in Figure 2-1 of the Metro Specific Plan (page 42).

 Other residentially zoned parcels
There are three residential areas in the city for which zoning must be updated for consist ency with General Plan land use designations. A total of 287 residential properties that have General Plan designations of Medium Density Residential are proposed for rezoning from R3 (Multi -Family High Density Residential Zone) to R2 (One and Two -Family Residential Zone), since R2 is an implementing zone for the MDR designation per Table 1 of the General Plan Land Use Element. Similarly, 92 parcels that have General Plan designations of High Density Residential are proposed for rezoning from R1-2.5 (Single Family Residential Zone, minimum lot area 2,500 square feet) to R3 (Multi -Family High Density Residential Zone), since R3 is the implementing zone for the HDR designation under the General Plan.

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7 During the process of analyzing the consistency of the General Plan land use map with the current zoning map, Planning staff and LWC noted a discrepancy between the residential density that is allowed per the Low Density Residential (LDR) designation in th e General Plan (3-5 dwelling units per acre) and some of the variations of the existing R1 Single Family Residential Zone. As illustrated in the existing Table XI- 10-4.04-1: Residential Zone Development Standards, the R1 zone has several variations with di fferent minimum lot area standards (e.g., R1-2.5 with minimum lot area 2,500 square feet; R1 -5 with minimum lot area 5,000 square feet, etc.).

Most areas of the city with General Plan designation LDR are currently zoned R1 -6. Based on the minimum lot area of 6,000 sf, this equates to an allowable density of 7.26 du/a – a higher density than what is allowed per the General Plan land use of LDR. There are also smaller areas (65 parcels in total) that are LDR under the General Plan and are currently zoned R1 -5 (min. lot area 5,000 sf and effective max. density 8.71 du/a) or R1-3 (min. lot area 3,000 sf and effective max. density 14.52 du/a).

To correct this discrepancy, prior to adoption of the updated zoning map, Planning staff proposes to make the following amendments to the General Plan Land Use Element:

o Low Density Residential (LDR) Designation: Amend the General Plan to change the density range from 3-5 du/acre to 3-7 du/acre.
o Medium Density Residential (MDR) Designation: Amend the General Plan to change the density range from 6-15 du/acre to 7-15 du/acre.

In addition, in order to align the allowed residential density ranges under the General Plan and zoning, 38 parcels with General Plan land use LDR and current zoning R1 -3 must be rezoned to R1 -6; and 27 parcels with General Plan land use LDR and current zoning R1-5 must be rezoned to R1-6.

 Other miscellaneous zoning cleanups
A small number of other proposed zoning map changes reflect miscellaneous updates or ‘cleanups. ’ These mainly involve parcels with General Plan designations of GNC (General Commercial) and Permanent Open Space (POS). Draft zoning changes are proposed to reflect on -the-ground conditions as well as to make the zoning of these parcels consistent with the General Plan Land Use Map.

 Other City-identified cleanup edits
Planning staff identified three additional parcels to be rezoned. These zoning changes are needed to better reflect existing conditions on, and ownership of, the properties. Two City -owned open space parcels near the intersection of Dixon Landing Road and California Circle are proposed to be rezoned as POS (Park and Public Open Space District). In addition, 1780 S. Main Street (APN: 083-42-006), a Shell gas station, should have been include d in the recently approved South Main General Plan and Zoning Map Amendments (related to changes to the boundaries of the Gateway and Metro Specific Plans, approved by City Council on June 6, 2023), but this parcel was inadvertently left out. The 1780 S. M ain Street property will require a General Plan map amendment to GNC (General Commercial) and is proposed to be rezoned as C2General Commercial.

The draft updated citywide zoning map, including the proposed changes outlined above as well as existing zoning for all other parcels in the city, is presented as Attachment C. A map showing only those parcels with proposed zoning changes, as discussed above, is included Attachment D.

The draft zoning map changes are proposed for the purpose of making the zoning of all properties consistent with the land use designations in the General Plan and Metro Specific Plan and thereby simply implement previously approved land use policies . These proposed zoning map changes do not represent new land use policies for the affected parcels.

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8 Public Outreach and Comments Received
The Planning Department and LWC are conducting a variety of outreach efforts to engage the Milpitas community in the zoning update and request input on the three draft deliverables that are currently out for public review. LWC created a project-specific we bsite ( www.milpitaszoningupdate.org) with information about the zoning update project and the Planning Department sends regular updates through the project email list and the City’s social media channels.

Additionally, from mid-August through mid-October, Planning staff is offering virtual “office hours” specifically for the zoning update project. Residents, property owners, business owners, and other stakeholders may schedule 30-minute, one-on-one appointments with a member of the Planning staff to ask questions and provide input on the project.

The project team hosted a virtual community workshop via Zoom on Tuesday, August 22nd. This workshop was open to the public and the presentation and discussion focused mainly on the Background and Recommendations Report. The City’s Zoning Advisory Group (ZAG), an ad hoc committee formed specifically to provide focused community input on the zoning update project, held its second meeting on August 24 th. The ZAG is comprised of nine members of existing City commission (Arts; Economic Development and Trade; Energy and Environmental Sustainability; Parks, Recreation and Cultural Resources; and Planning). The August 24 th ZAG meeting, which was also open to the general public, was dedicated to discussion about the recommendations presented in the Background Review and Recommendations Report. It also included an overview of and brief discussion about the draft new zones and updated zoning map.

Comments from Planning Commission and Economic Development and Trade Commission A study session with the Planning Commission was held on August 30th. Staff and the consultant team (LWC) gave a presentation focused on the draft new zoning districts and draft updated zoni ng map. No comment was given by members of the Planning Commission. Members of the public provided comment (summarized below under subheading “Comments from Interested Parties”).

Planning staff gave a presentation about the proposed new regulations for the BPRD, BPRD Metro, and BPRD- R Metro zones at the September 11th meeting of the Economic Development and Trade Commission (EDTC) .

Commissioners asked clarifying questions and engaged in discussion. Members of the public also provided comment (summarized below under subheading “Comments from Interested Parties”).

Comments from Interested Parties
Planning and Economic Development staff have received detailed input and comments about the draft new zones and updated zoning map from interested parties (property owners and developers, real estate brokers, etc.) during the public workshop and study sessions as well as via phone, email, and videoconference. These comments have mainly focused on the proposed use regulations and development standards for the BPRD zone. Many commenters stated that the proposed limitation on warehousing that restricts warehouse uses to 20 percent of the floor area of the primary use on the property is not workable in terms of the operational needs of businesses in the advanced manufacturing and research and development industries. Other comments have addressed the draft development and design standards. Based on this stakeholder input, revisions will be made to the draft BPRD regulations prior to the public hearings for adoption of the new zones.

Changes that have been identified to date based on staff review and public comment are summarized in the Errata Sheet, included as Attachment E. Additional changes may be incorporated based on City Council direction.

Next Steps
Following the Council direction on Phase 1 of the Comprehensive Zoning Update Project, the project team will continue to engage the public, refine the Phase 1 draft deliverables, and return to the Planning Commission and Council for adoption of the Phase 1 proposed amendments to the Zoning Ordinance) regulations for the BPRD 557
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9 and Metro Area zones, plus related ame ndments to other sections of the code ) and updated citywide zoning map. Following completion of Phase 1, City staff will initiate Phase 2 to comprehensively update the Zoning Ordinance.

POLICY ALTERNATIVES:

This is an informational item for Council feedback and direction and is one of several sessions for providing Council with the progress of the Comprehensive Zoning Update Project.

FISCAL IMPACT:

This is an informational item. As such, there is no fiscal impact.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

This report represents ongoing work on the Comprehensive Zoning Update. An Addendum to the Environmental Impact Report (EIR) for the Milpitas 2040 General Plan will be prepared for consideration prior to adoption of the updated zoning ordinance and map.

RECOMMENDATION:

Receive a progress report and provide direction to staff on the work completed to date on Phase 1 of the Comprehensive Zoning Update, including the Background and Recommendations Report, draft new zones (Business Park Research and Development and Metro Area Zones), and draft updated Citywide Zoning Map.

ATTACHMENTS:

1. Background and Recommendations Report

2. Draft Zoning Ordinance Amendments for New Zones (BPRD and Metro Area)

3. Draft Updated Citywide Zoning Map

4. Draft Proposed Zoning Map Changes

5. Errata Sheet
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Prepared by:

Lisa Wise Consulting, Inc.
870 Market Street, Suite 977
San Francisco, CA 94102
Prepared for:

City of Milpitas
455 E. Calaveras Blvd.

Milpitas, CA 95035
Background Review and Recommendations Report
July 2023
City of Milpitas
Zoning Ordinance Update
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City of Milpitas Comprehensive Zoning Ordinance Update | July 2023 Contents
Introduction ..........................................................................................................1 Pro
ject Overview ........................................................................................................ 1 Purpose of the Report ................................................................................................ 1 Chapter 1 Background Review Findings . .............................................2 S
ection 1.1 Policy Review .......................................................................................... 2 General Plan .............................................................................................................. 2 Housing Element ........................................................................................................ 4 Specific Plans ............................................................................................................. 6 Climate Action Plan .................................................................................................... 8 Economic Development Strategy and Implementation Actions ................................. 9 Trail, Pedestrian, and Bicycle Master Plan ................................................................ 9 Parks & Recreation Master Plan .............................................................................. 10 Section 1.2 Objective Design Standards ................................................................ 10 Applicability .............................................................................................................. 10 Design Elements Addressed .................................................................................... 10 Implementation in the Zoning Ordinance ................................................................. 11 Section 1.3 Legal Consistency Review .................................................................. 11 Housing Element Program Legal Compliance ......................................................... 11 Manufactured Housing ............................................................................................. 12 Nonconforming Multi-family Dwellings ..................................................................... 12 Cottage Food Operations ......................................................................................... 12 Family Day Care Homes .......................................................................................... 13 Religious Uses ......................................................................................................... 13 Parking…… .............................................................................................................. 13 Signs…….. ............................................................................................................... 14 Telecommunications ................................................................................................ 14 Variances.. ............................................................................................................... 14 Development Agreements ........................................................................................ 14 Permit Streamlining Act ............................................................................................ 15 Commercial Density Bonus ...................................................................................... 15 R
esidential Development in Commercial Zones ...................................................... 15 561
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Com
prehensive Zoning Ordinance Update | July 2023 City of Milpitas Chapter 2 Recommendations . ............................................................ 16 S
ection 2.1 Code Organization ................................................................................ 16 Logical Sequence and Grouping .............................................................................. 16 Hierarchy of Importance in Organization .................................................................. 17 Definitions and Clear Rules of Measurement ........................................................... 18 Remove, Consolidate, or Reorganize Sections as Needed ..................................... 18 Utilize Tables and Cross-References ....................................................................... 19 Incorporate Graphic Illustrations .............................................................................. 19 Section 2.2 Zoning Districts .................................................................................... 19 Base Zoning Districts ............................................................................................... 20 Overlay Districts ....................................................................................................... 21 Section 2.3 Use Regulations ................................................................................... 22 An Updated Approach to Uses ................................................................................. 22 Clarity and Organizational Improvement of Uses ..................................................... 23 Section 2.4 Development and Design Standards .................................................. 23 Objective Design Standards for Non-Residential Uses ............................................ 23 Parking….. ............................................................................................................... 24 Landscaping and Tree Standards ............................................................................ 24 Single-Family Residential Development Standards ................................................. 24 Other Recommendations ......................................................................................... 25 Section 2.5 Sign Standards ..................................................................................... 25 Legal Issues ............................................................................................................. 25 Organization and Clarity Issues ............................................................................... 26 Section 2.6 Administration and Procedures .......................................................... 27 Organization Issues ................................................................................................. 27 Design Review and Clear Purpose of Permits ......................................................... 27 Site Development Permits ........................................................................................ 28 Exceptions.. .............................................................................................................. 28 Other Recommendations ......................................................................................... 28 Chapter 3 Next S teps ........................................................................... 30 562
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Background Review and Recommendations Report
Comprehensive Zoning Ordinance Update | July 2023 City of Milpitas | 1 Introduction
Project Overview
In 2021, the City of Milpitas (City) adopted its General Plan 2040, creating an opportunity and an obligation to update the City’s Zoning Ordinance to support the type of development that will implement the General Plan’s vision. The Comprehensive Zoning Ordinance (CZO) update will replace the City’s current Zoning Ordinance (Chapter 10 of Title XI of the Municipal Code). The objectives of this update are to:
• Modernize the Zoning Ordinance to better apply to current and evolving development and design standards, uses, and trends;
• Make the Zoning Ordinance more user-friendly;
• Ensure consistency across all applicable City documents (e.g., General Plan, specific plans, etc.); and
• Promote more compact, mixed-use, and pedestrian and transit-oriented development types where appropriate.

The update will also ensure Zoning Ordinance compliance with applicable federal and state law.

Purpose of the Report
This report evaluates the effectiveness of the existing Zoning Ordinance and identifies recommendations to be considered for the Zoning Ordinance update. Several public events, including Zoning Advisory Group (ZAG) meetings, workshops, and study sessions with the Planning Commission and City Council will occur to review this document and discuss refining its recommendations to move forward. Thereafter an improved structure and organization of the Zoning Ordinance (i.e., annotated table of contents) will be developed. A preliminary Style Guide will also be prepared to describe the Zoning Ordinance layout, approach to incorporating cross references, terminology, and other stylistic elements based on issues identified in this report. Then, from information collected from public input and this report, components of the updated Zoning Ordinance will be prepared for public review.

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2 | City of Milpitas Comprehensive Zoning Ordinance Update | July 2023 Chapter 1 Background Review Findings
Section 1.1 Policy Review
The background review began with a technical assessment of the City’s e xisting plans, regulations, and documents. This process involved reviewing the existing Zoning Ordinance (Title XI , Chapter 10); 2040 General Plan; 2023-2031 Housing Element; Milpitas Metro Specific Plan; Milpitas Residential and Mixed- Use Objective Standards; Draft Housing Opportunity Zones; Trails , Pedestrian, and Bicycle Master Plan; Parks and Recreation Master Plan; Climate Action Plan; and other relevant documents. The following will analyze the effectiveness of the existing regulations and regulatory structure to meet City goals; identify items or topics to be addressed through the Zoning Ordinance update; summarize key inconsistencies between the Zoning Ordinance and the General Plan, other City regulations, State law, and federal law ; and provide recommendations for addressing issues in the Zoning Ordinance.

General Plan
General Plan 2040 is a comprehensive planning
document that guides future development and the
Citywide vision for Milpitas. Adopted in March 2021,
the Plan include s a Land Use Element; Circulation
Element; Community Design Element; Economic Development Element; Conservation and Sustainability Element; Utilities and Community Services Element; Safety Element; Noise Element; Parks, Recreation, and Open Space Element; Community Health and Wellness Element; and an Implementation Element.

The following table includes preliminary recommendations for how the Zoning Ordinance may implement key General Plan policies and action items.

Table 1.A: General Plan - Key Zoning Recommendations
Preliminary Recommendations for Zoning Ordinance Update Policies/Actions Expand and revise the zoning districts and associated standards to implement General Plan Land Use Designations (General Plan Table 1). Update the zoning map to implement the General Plan Land Use Map (Figure LU-1). See Section 2.2, Zoning Districts, for specific zoning district recommendations.

Policy LU 1-2, Action
LU-1a, LU 1b, LU-1f,
LU 2-5
Add building placement standards (e.g., build-to lines) to locate building close to the street and/or parking placement standards, considering Objective Design Standards. LU 4-4, LU 6-3 Include building step-backs to transition from high density development to low density neighborhoods, considering Objective Design Standards. LU 5-2 Reduce the allowance for exceptions to established height limits.1 LU 5-3 564
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Comprehensive Zoning Ordinance Update | July 2023 City of Milpitas | 3 Table 1.A: General Plan - Key Zoning Recommendations
Preliminary Recommendations for Zoning Ordinance Update Policies/Actions Add requirements for buffers and other standards (e.g., performance standards, non- residential building design, landscaping) to ensure compatibility between residential areas and non-residential development.

LU-5b, CD 2-4, CD 5-
4, CD 5-6, CD 5-7, CD
5-8, CD-1c, CD-5b
Ensure creek setbacks and/or buffers are appropriately established. Also note Metro Specific Plan CB 5.3 CD 1-5
Add design standards for non-residential projects (i.e., not addressed by Objective Design Standards). Include standards for building façade and articulation, rooflines, landscaping, screening, lighting, and signage.

CD-2b, CD-2e, CD-5a,
CD-6e
Add pedestrian connectivity standards to provide convenient and safe access to sidewalks, transit, and open space.

LU 4-4, LU 5-1, CIR-
1f, CD 2-7, CD-10a
Include maximum block length standards. CD 10-3, CD-10a Expand bicycle parking ratios to apply to all appropriate uses. Add long-term (i.e., weather protected) and short-term bicycle parking standards. Also note Metro Specific Plan M.8.4.1.

CIR-4j, CIR-4k, LU 4-
4, LU 7-5
Reduce current parking ratios and expand alternative parking strategies. Encourage unbundled parking.

CIR-5a, CIR-5c, CD 2-
5 Allow parks, plazas, outdoor seating, fitness facilities, daycare centers in Business Park/Research & Development zones. Also note Economic Development Strategy Action

11.1. LU 7-5
Allow schools in compatible residential, commercial, and mixed-use zones. LU 1-6 Allow community gardens in zones near and zones allowing high-density housing. Also note Metro Specific Plan PPS 6.6. CHW-2f
Maintain flexible zoning allowing both horizontal and vertical mixed uses. ED-1j Update use definitions to provide greater flexibility for emerging retail businesses and models. ED-2e
Only allow non-industrial uses in industrially zoned areas when uses will be compatible with industrial uses. Enhance standards for non-industrial uses in industrial areas as appropriate.

ED-1h, ED-1k
Expand development standards for hillside development.2 CD-7a Add landscaping standards reflecting drought-tolerant landscaping. CON 2-2, SA 1-9

1. In 2022, the Zoning Ordinance was amended to include specific requirements related to additional building height requests in commercial zones and prohibit additional building height requests in commercial zones when within 500 feet of a R1 or R2 zone (Ordinance 38-846). These amendments are recommended to be retained in the Zoning Ordinance.

2. Voter approval required for amendments to Section 45 – “H” Hillside Combining District. 565
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4 | City of Milpitas Comprehensive Zoning Ordinance Update | July 2023 Housing Element
The City of Milpitas 2023-2031 Housing Element was adopted by the City Council on January 24, 2023, and certified by the California Department of Housing and Community Development (HCD) on May 17, 2023 as a part of the 6 th Cycle of Housing Element updates. The Housing Element is a plan to accommodate 6,700 units of new housing for Milpitas to meet future housing needs and address existing unmet needs, especially related to the lack of housing stock and current housing cost burdens present in the San Francisco Bay Area. To best plan for the existing and future population of Milpitas, the Housing Element sets forth programs and actions to promote and preserve housing while also furthering other goals in the General Plan, including building vibrant and walkable neighborhoods and maintaining an equitable balance of land uses.

Various Housing Element programs and actions prescribe revisions to the Zoning Ordinance. The following preliminary Zoning Ordinance Update recommendations are directed by key Housing Element programs.

Table 1.B: Housing Element – Key Zoning Recommendations Preliminary Recommendations for Zoning Ordinance Update Programs Provide by-right approval of housing proposed on sites previously identified in the 5th Cycle Housing Element to accommodate lower income RHNA units and are being reused for this 6th Cycle update, if the project includes 20 percent of the units as lower income in the 6th Cycle.
1 [Program deadline:
end 2023]
Rezone properties as outlined in Appendix E to provide adequate sites to accommodate the RHNA shortfall including appropriate development standards that facilitate achieving maximum densities. Rezoned properties that accommodate lower-income RHNA capacity must have a minimum density of 20 units per acre and zoned to allow ownership and rental housing by right in which at least 20 percent of the units are affordable to lower income households. Also, these rezoned properties must allow 100% residential projects and mixed-use projects must have at least 50% of the floor area dedicated to residential use consistent with Government Code §65583.2.
1 [Program deadline:
end 2024]
Incentivize lot consolidation possibly through additional density bonus and/or flexible development standards (e.g., setbacks, parking).
3 [Program deadline:
end 2024]
Implement a Housing Opportunity Zones (HOZ) program to utilize incentive-based zoning in multi-family and mixed-use zoning districts (i.e., the two Specific Plan areas, four Neighborhood Commercial Mixed Use (NCMU) areas, and the Town Center Zoning District).

The program, which is currently under development, will provide incentives (e.g., density bonus above State law, relaxed development standards (e.g., maximum height, minimum parking ratio, minimum open space requirement, etc.), additional by-right approval. After the HOZ are complete, they will be integrated into the Zoning Ordinance as appropriate. 15 [Program deadline:
end 2023]
Develop incentives to facilitate the development of large rental units (with three or more bedrooms) and rental units for extremely low-income households and persons with disabilities. Also see HOZ discussion, above. Update density bonus provisions to comply with State law. See more in Section 1.3 of this report (Legal Consistency Review). 16, 22, and 23
[Program deadlines:
end 2024]
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Comprehensive Zoning Ordinance Update | July 2023 City of Milpitas | 5 Table 1.B: Housing Element – Key Zoning Recommendations Preliminary Recommendations for Zoning Ordinance Update Programs Ensure the Zoning Ordinance accommodates Tiny Homes, prefabricated, or modular housing units, and rapid rehousing projects based on feasibility study to be completed by end of 2023.
21 [Program deadline:
end 2024]
Reduce parking ratios for multi-family, including studios and 1-bedroom units. Revise parking standards to comply with AB 2097
21 [Program deadline:
end 2024]
Reduce setback standards to address constraints to multi-family housing, including missing middle housing types.
21 and 24 [Program
deadlines: end 2024]
Reduce open space requirements to address constraints to multi-family housing, including missing middle housing types.
21 and 24 [Program
deadlines: end 2024]
Update emergency shelter standards to limit required parking to staff parking and require a maximum separation of no more than 300 ft. Designate additional residential and/or mixed- use districts where emergency shelters will be permitted by right. Add objective standards for emergency shelters consistent with AB 2339.
21 [Program deadline:
end 2024]
Clarify process requirements for streamlined approval of supportive housing consistent with AB 2162.
21 [Program deadline:
end 2024]
Revise single room occupancy (SRO) standards, including unit sizes, parking, and spacing, and provide at least one zone where a Conditional Use Permit is not required for SRO development.
21 [Program deadline:
end 2024]
Add low barrier navigation center (LBNC) as an allowed use by right in zones that allow mixed-use development and nonresidential zones that permit multifamily uses, provided the facility meets certain standards per AB 101.
21 [Program deadline:
end 2024]
Allow employee housing consistent with State law (employee housing providing accommodations for six or fewer employees treated as a single-family structure). 21 [Program deadline:
end 2024]
Allow farmworker housing consistent with State law (farmworker housing up to 36 beds or 12 units is considered an agricultural use to be similarly permitted as other agricultural uses in the same zones).
21 [Program deadline:
end 2024]
Allow residential care facilities for six or fewer persons as a single-family dwelling (permitted use). Allow residential care facilities for seven or more persons as similar uses are allowed in the same zones. Establish clear and objective findings and conditions for approval. 21 [Program deadline:
end 2024]
Establish a clear procedure for reasonable accommodation approval. 21 [Program deadline:
end 2024]
Revise Site Development Permit findings to reflect Objective Design Standards. 21 [Program deadline:
end 2024]

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6 | City of Milpitas Comprehensive Zoning Ordinance Update | July 2023 Specific Plans
Specific plans are planning documents that establish a vision and goals for a geographic area within a city.

The City has two specific plans : the Metro Specific Plan and the Midtown Specific Plan. The Zoning Ordinance should implement the key policies and standards of these two specific plans.

Metro Specific Plan
The Milpitas Metro Specific Plan
establishes a vision for a key transit-
and opportunity-rich area within
Milpitas. Served by multiple transit lines and Highway 680, the area is envisioned to be an urban, future- forward center that supports a balanced mix of housing, retail, and employment uses; provides safe multimodal connections and public spaces; and is distinguished by urban design standards that create a visually memorable environment. The 2 023 Metro Specific Plan update d the 2008 Milpitas Transit Area Specific Plan (TASP) and increased the Plan Area from 437 acres to approximately 510 gross acres . The following preliminary recommendations list key policies and measures to incorporate into the Zoning Ordinance.

Table 1.C: Milpitas Metro Specific Plan – Key Zoning Recommendations Preliminary Recommendations for Zoning Ordinance Update Policies/Measures Establish new Metro zones. Add development intensities (density and floor-area-ratio (FAR), minimums and maximums) and maximum height from Tables 2-4 and 2-5 into new Metro zones.

LU 3.3,
Implementation
Measure 2
Include standard of 80% of ground floor façade along Activity Streets where retail or active uses is required per Metro Specific Plan Table 2-4 and LU-6.2. Define active uses. LU 2.4, CB 4.1 Revise use definitions to ensure a range of housing types are allowed. Also see Housing Element program recommendations.

LU 3.2

Prohibit drive-throughs and gas stations throughout the Metro zones. LU 6.4 Allow uses such as retail and restaurants in the BPRD-Metro zones. LU 5.4 Allow hotels by-right in appropriate new zones (i.e., MDX-2-Metro, MDX-3-Metro, BPRD- Metro zones). LU 2.2
Add community gardens as an allowed use in the Metro zones and define. PPS 6.6 Include building step-backs in the Metro zones while considering the Objective Design Standards. CB 3.3
Include a minimum 25-ft setback from top of creek/drainage channel bank or maintenance road in Metro zones. CB 5.3
Require no parking and include maximum parking ratios for Metro zones per Table 4-3.1 M.8.4.2 568
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Comprehensive Zoning Ordinance Update | July 2023 City of Milpitas | 7 Table 1.C: Milpitas Metro Specific Plan – Key Zoning Recommendations Preliminary Recommendations for Zoning Ordinance Update Policies/Measures Include long-term (i.e., weather protected) and short-term bicycle parking standards citywide.

Add required bicycle parking ratio from Table 4-2. Also note General Plan Policies LU 4-4, LU 7-5, CIR-4j, CIR 4k.

M.8.4.1
Include open space requirements (25 s.f. per 10,000 s.f. of floor area) for commercial projects in BPRD-Metro zones. PPS 4.3
Require 100 s.f. of on-site private or common open space per unit in Metro zones, with at least 30% of total on-site open space being common shared spaces. Require at least 5% of total open space to be publicly accessible.

Private and Common
Open Spaces, CSS-
10, CSS-11
Require shade trees at a rate of one tree per 5,000 s.f. of residential building footprint and one tree for every 10,000 s.f. of developed lot area for non-residential or mixed-use development.

PPS 8.2

1. Removal of parking minimums for Innovation District developments is Action #5 of the Innovation District Action Plan (June 30, 2022). The Innovation District encompasses BPRD and BPRD-R properties within the Metro Specific Plan.

Midtown Specific Plan
Last updated in 2010, the Milpitas Midtown Specific Plan regulates an approximately 589- acre area west of the heavy rail line that bisects the City. In 2021, the City initiated the Gateway-Main Street Specific Plan, which will replace the Midtown Specific Plan. The Gateway-Main Street Specific Plan is being based around the guiding principles of vision and placemaking, land use and development, transportation and access, and open space and community amenities. When the Gateway-Main Street Specific Plan is completed and adopted (anticipated in early 2024), the Zoning Ordinance will be amended to implement the Plan’s direction in quantifiable standards and regulations, as well as establish new zoning districts as necessary.

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8 | City of Milpitas Comprehensive Zoning Ordinance Update | July 2023 Climate Action Plan
The Milpitas Climate Action Plan Update (CAP), adopted in August 2022, is a comprehensive framework to locally address the challenges of climate change to achieve the City’s climate change goals. The CAP establishes strategies and actions to reach these goals, which include achieving carbon neutrality by 2045, reducing greenhouse gas emissions, and promoting climate resiliency and community sustainability. The Zoning Ordinance should implement the zoning-related climate action goals as defined by the CAP. The following preliminary Zoning Ordinance Update recommendations are based on the CAP.

Table 1.D: Climate Action Plan - Key Zoning Recommendations Preliminary Recommendations for Zoning Ordinance Update Actions Ensure renewable energy systems, including battery electric storage, are allowed with limited to no Planning approval required. Action BE-1.1.2 Provide zoning incentives (e.g., related to development regulations like density or FAR) for projects that exceed mandated sustainability requirements. Action BE-2.3.1 Require non-residential projects to provide “end-of-trip” facilities for cyclists (e.g., showers, secure bicycle lockers, and changing spaces) and adequate e-bike and e-scooter infrastructure.

Action TR-1.1.2
Ensure electric vehicle (EV) charging stations are allowed. Action TR-2.1.1 Ensure “resilience hubs” equipped with backup power and disaster assistance and supplies are not precluded through zoning. Action 4.1.3
Add tree planting standards for front, side, and/or rear yards in single-family development and along commercial development street frontage. Add parking lot shade tree planting standards. Also see Milpitas Metro Specific Plan recommendations (PPS 8.2).

Actions 5.1.1, 5.1.2,

5.1.5 Add tree removal standards and enhance native tree and plant requirements. Reference tree protection and heritage tree program (Municipal Code Title X, Chapter 2, Section 7). Action 6.3.4

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Comprehensive Zoning Ordinance Update | July 2023 City of Milpitas | 9 Economic Development Strategy and Implementation Actions The City of Milpitas Economic Development Strategy and Implementation Actions Final Report (EDS) was adopted in May 2020 to guide the City’s economic development activities from 2020-2025. The main goals of the EDS are to grow and diversify the City’s econ omy, support businesses and workers, and improve quality of life in the community. The Zoning Ordinance should implement applicable strategies and implementation actions of the EDS.

The following preliminary Zoning Ordinance Update recommendations are based on the EDS.

Table 1.E: Economic Development Strategy - Key Zoning Recommendations Preliminary Recommendations for Zoning Ordinance Update Actions Allow uses like childcare centers, gyms, and other services in office and R&D districts (e.g., BPRD zones, Administrative and Professional Office (CO) Zone, etc.). Action 11.1 Focus on allowing advanced manufacturing and R&D uses in new BPRD zones rather than warehouse and distribution (e.g., limit size of warehouses in BPRD zones). Actions 19.3, 23.2 Update wireless telecommunications standards and procedures to streamline approval.

Also, see Section 1.3, Legal Consistency Review. Action 29.1 Ensure temporary dining, arts, and entertainment uses are allowed in public spaces and vacant retail spaces, particularly in appropriate new Metro zones. Action 30.1 Update zoning to reflect the Metro Specific Plan, including the Metro BPRD and BPRD-R zoning districts and reduced parking requirements. Facilitate restaurant and retail uses in the Metro Specific Plan area.

Actions 24.1, 26.3,

27.2 Update zoning for the Midtown area to reflect the Gateway-Main Specific Plan, including reduced parking and facilitating restaurant and retail uses (see Midtown Specific Plan (above) for timing of the Gateway-Main Specific Plan and subsequent Zoning Ordinance updates).

Action 31.5

Trail, Pedestrian, and Bicycle Master Plan
The City of Milpitas Trail, Pedestrian, and Bicycle Master Plan was adopted in June 2021 to increase walking and biking by making improvements to the safety and convenience of active modes of transportation. While the policies identified in the Plan are relevant to community development in Milpitas, there are no direct items to be implemented in the updated Zoning Ordinance. 571
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10 | City of Milpitas Comprehensive Zoning Ordinance Update | July 2023 Parks & Recreation Master Plan
The City of Milpitas Parks & Recreation Master Plan Update was adopted in December 2021 with the purpose of studying the City’s existing parks
and recreation facilities and programming;
preserving and improving facilities and
programming; and planning for anticipated
population growth over the next 20 years.

While the policies identified in the Plan
support quality community development,
there are no direct items to be implemented
in the updated Zoning Ordinance.

Section 1.2 Objective Design Standards
The final Milpitas Residential and Mixed -Use Objective Design Standards (O DS) were adopted in November 2022 to provide clear and quantifiable regulations for residential and mixed -use development and design, as defined by California Senate Bill 330 (SB 330).

Applicability
The ODS apply to all new multi-family projects (two or more dwelling units) and to mixed-use projects that feature a combination of residential and other uses ( where at least two-thirds of the square footage of the development is designated for residential use) . These standards do not apply to other project types such as single-family homes; commercial-only projects; interior renovations on less than 30 percent of gross floor area; or to mixed -use developments with less than two- thirds of the floor area designated for residential use. Standards in the ODS are sep arated by building size and height, with different standards for small, medium, large, or extra-large building types.

Design Elements Addressed
The ODS address multiple design elements for applicable residential and mixed-use projects. Examples of these design elements include:
• Block structure in developments
• Block connectivity
• Public open space
• Sidewalk design
• Building orientation
• Building setback character
• Ground floor uses for active frontages
• Access and parking
• Landscaping
• Site lighting
• Standards for special conditions and adjacencies
• Building massing
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Comprehensive Zoning Ordinance Update | July 2023 City of Milpitas | 11 • Façade design and composition
• Building and residential unit entries
• Fenestration design
• Green/productive roofscapes
• Building materials
• Private open space
Each design element is addressed with clear and quantifiable standards.

Implementation in the Zoning Ordinance
The ODS will be incorporated by reference into the Zoning Ordinance. The new and revised standards in the updated Zoning Ordinance will augment and not conflict with the ODS; however, the Zoning Ordinance will clearly state precedent in case of a conflict (e.g., in case of a conflict, the Zoning Ordinance standards supersede the ODS)1.

Section 1.3 Legal Consistency Review
California law grants cities and counties relatively broad discretion in the regulation of land uses and development, and the Federal courts and United States Congress have, for the most part, left land use and environmental regulation up to state and local government. There are, however, some important exceptions to this approach. If local regulations conflict with federal law, pursuant to the supremacy clause of the United State Constitution, then local laws are preempted. In some cases, both the United States Congress and the State have identified matters of critical concern that limit the authority of California cities.

This section discusses some examples of State and Federal laws that will be addressed as part of the Zoning Ordinance Update.

Housing Element Program Legal Compliance
The City’s 2023-2031 Housing Element includes programs requiring updates to the Zoning Ordinance to reflect State law, specifically Housing Element Program 21. Implementation of this Program , as noted in Table 1.B, will address State law compliance related to the following topics:
• Emergency shelters
• Low barrier navigation centers (LBNC)
• Supportive housing
• Employee and farmworker housing
• Residential care facilities
• Density bonus

1 The updated Zoning Ordinance will address what standard takes precedent in the case of conflicting requirements between the Zoning Ordinance and other City requirements (e.g., specific plans, development agreements, etc.). 573
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12 | City of Milpitas Comprehensive Zoning Ordinance Update | July 2023 Manufactured Housing
California Government Code §65852.3-.5 requires local agencies to allow the installation of manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§5401 et seq.) on a foundation system, pursuant to California Health & Safety Code §1855, on lots zoned for single -family dwellings. Manufactured homes must be subject to the same development standards and permit requirements as a single- family home and subject to the same permit requirements as a conventional single-family dwelling.

It is recommended that the Zoni ng Ordinance be revised to allow manufactured homes on lots zoned for single-family dwellings without any subjective requirements regarding “compatibility” not required for single- family homes, and to remove permitting requirements (e.g., Site Development Permit) when they are not required for single-family dwellings (i.e., Section 10-13.07.B.1).

Nonconforming Multi-family Dwellings
Local agencies may not prohibit the reconstruction, restoration, or rebuilding of a multi-family dwelling that is involuntarily damaged or destroyed by fire or other catastrophic event, unless certain findings are made that the reconstruction, restoration or rebuilding would be detrimental to public health or safety, and the existing nonconforming use would be more appropriately moved to a district that allows the use (California Government Code §65852.25). It is recommended that the Zoning Ordinance be revised to include provisions to allow for the rebuilding of a nonconforming multi-family dwelling unless the above findings are adopted.

Cottage Food Operations
California Government Code §51035 states that cities and counties must allow cottage food operations (i.e., homemade and packaged food defined in California Health and Safety Code §113758) in residential dwellings, and either:

1. Classify cottage food operations as a permitted use of residential property.

2. Grant a nondiscretionary permit to use a residence as any cottage food operation that complies with local ordinances concerning concentration, traffic control, parking, and n oise control. The permit issued shall be granted by the zoning administrator or person designated by the planning agency to grant the permit, without a hearing.

3. Require a use permit for cottage food operations, reviewed and acted upon by the zoning administrator or person designated by the planning agency to grant the permit, pursuant to local ordinances concerning concentration, traffic control, parking, and noise control.

Cottage food operations must be considered residences for the purposes of the State Uniform Building Standards Code and local building and fire codes , and do not constitute a change of occupancy from residential use.

While it is the City’s practice to approve cottage food operation under a home occupation permit, the Zoning Ordinance does not explicitly address cottage food operations. As outlined above, it is recommended that the Zoning Ordinance either 1) permit cottage food operations in any residential zone, 2) require a nondiscretionary permit for cottage food operations, or 3) require a Use Permit for cottage food operations.

Also, include specific use standards if/as appropriate related to concentration, traffic control, parking, and 574
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Comprehensive Zoning Ordinance Update | July 2023 City of Milpitas | 13 noise control, or reference relevant standards (e.g., Title V, Chapter 213 – Noise Abatement). The level of permit and supplemental standards will be further discussed with City staff prior to drafting these provisions for the updated Zoning Ordinance.

Family Day Care Homes
Pursuant to California Health & Safety Code §1597.30 et seq., small family day care homes in a residential unit are a residential use and are not subject to a fee or business license. Health and Safety Code §1597.45, effective January 1, 2020, further states that large family day care homes (caring for up to 14 children) shall be treated the same as small family day care homes (caring for up to 8 children) under all local laws. Cities and counties must consider the operation of a large family day care home as a residential use of property as they have done with small family day care homes.

It is recommended that the Zoning Ordinance be amended to allow large family day care homes by right at minimum on the upper floors of buildings in the MXD2 Zoning District 2 and to subject large family day care
homes to the same development standards (e.g., parking, density) as other residential uses.

Religious Uses
The Federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) requires public agencies to demonstrate a compelling government interest and to use the least restrictive means when making a land use decision that imposes a substantial bur den on religious exercise. Religious uses must be treated the same as similar non- religious uses. Additionally, regulations cannot impose a substantial burden to religious uses.

The Zoning Ordinance allows "places of assembly" including religious uses (e. g., churches, mosques, synagogues, temples, etc. ) and other types of assembly (e.g., private and nonprofit clubs and social or fraternal organizations), by Conditional Use Permit (CUP) in residential, commercial, mixed-use zones and several industrial zone s, and these religious uses are not treated any differently than other "places of assembly." However, the City may consider revising the Zoning Ordinance to allow places of assembly by right up to a certain seating capacity in certain zoning districts, and beyond that allow places of assembly by CUP to address any impacts from traffic, noise, lighting, etc.3 This would remove any “substantial burden” to religious use and “use the least restrictive means.” Parking
Assembly Bill (AB) 2097, codified in California Government Code §65585 and 65863.2, prohibits minimum parking requirements for projects within a half-mile of a major transit stop unless findings are made that not requiring minimum parking would have a “substantially negative impact” on:
• The jurisd iction’s ability to meet i ts Residential Housing Needs Assessment (RHNA) for lower income households;

2 See Section 2.2 for recommendations regarding Zoning Districts. 3 Note that Ordinance 38.837 (2019) restricted non- industrial uses (including assembly) in the M2 Heavy Industrial District to protect the integrity of the City’s industrial lands. 575
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14 | City of Milpitas Comprehensive Zoning Ordinance Update | July 2023 • The jurisdiction’s ability to meet any special housing needs of the elderly or persons with disabilities; or
• Existing residential or commercial parking within half-mile.

Even if the findings are made, no minimum parking requirements apply to housing development projects with a minimum of 20 percent affordable units or fewer than 20 units, or to developments subject to parking reductions based on other applicable laws. It is recommended that the Zoning Ordinance be revised to reflect these parking reductions. This recommendation is also consistent with implementation of Housing Element Program 21.

Signs
In June 2015, the U.S. Supreme Court decision in Reed v. Town of Gilbert (No. 135 S.CT. 2218, 2015) affirmed that sign regulations must be “content-neutral” to survive a legal challenge. To be content-neutral and satisfy First Amendment limitations, sign regulations must be based on “time, place, and manner” restrictions, rather than on content- or message-based restrictions. Content-based regulations are subject to what is called a “strict scrutiny” standard – that is, a compelling governmental interest must be demonstrated, and regulations must be narrowly tailored to serve that interest. It is recommended that sign regulations be updated to be content-neutral. See Section 2.5 for more detail.

Telecommunications
The Federal Telecommunications Act of 1996, California Government Code §65850.6 and 65964.1, and several FCC rulings limits state or local governments' authority to regulate placement, construction, and modification of personal wireless service facilities. It is recommended that the Wireless Telecommunications provisions (§XI -10-13.09) be rewritten comprehensively to ensure consistency with Federal and State law. This would include provisions for eligible facilities requests and collocations, as well as pertinent processing timelines and how minor modifications (e.g., no change to size or height) to existing facilities are processed.

Variances
California Government Code §65906 sets forth findings and requirements for variances. It is recommended that the sign variance provisions in the City's Zoning Ordinance (Milpitas Municipal Code Section XI-10-

57.06) be removed, as signs would be subject to updated sign regulations and still be allowed to deviate from standards if the general Variance findings are made.

Development Agreements
California Government Code §65864 et seq. sets forth provisions for development agreements. While development agreements are listed as an application type in the Zoning Ordinance (Table XI-10-64.02-1), they do not have any related procedures in the Zoning Ordinance. Further, Action #6 of the Innovation District Action Plan encourages the City to collaborate with developers through development agreements.

It is recommended that the Zoning Ordinance be amended to include development agreement procedures that are consistent with State law or a reference to State law. 576
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Comprehensive Zoning Ordinance Update | July 2023 City of Milpitas | 15 Permit Streamlining Act
The Permit Streamlining Act, codified in California Government Code §65920 et seq., specifies permit review requirements and timelines, in part enumerating 30 days to determine whether an application can be accepted as complete ( California Government Code §65943). It is recommended that the Zoning Ordinance include the 30-day completeness review in its application processing procedures.

Commercial Density Bonus
Assembly Bill (AB) 1551, codified in California Government Code §65915.7, requires local jurisdictions to grant a commercial developer a density bonus when an applicant requesting approval of a commercial development has entered into an agreement for partnered housing with an affordable housing developer to contribute affordable housing through a joint project or two separate projects encompassing affordable housing. The density bonus incentives may include:

1. Up to a 20 percent increase in maximum allowable intensity in the General Plan.

2. Up to a 20 percent increase in maximum allowable floor area ratio.

3. Up to a 20 percent increase in maximum height requirements.

4. Up to a 20 percent reduction in minimum parking requirements.

5. Use of a limited-use/limited application elevator for upper floor accessibility.

6. An exception to a zoning ordinance or other land use regulation.

It is recommended that the Zoning Ordinance incorporate by reference State law for commercial density bonus.

Residential Development in Commercial Zones
Senate Bill (SB) 6 and Assembly Bill (AB) 2011 allow residential development on sites currently zoned and designated for commercial or retail uses (e.g., commercial zones). These bills will go into effect on July 1, 2023.

AB 2011 creates a CEQA -exempt, ministerial approval pro cess for multifamily housing developments on sites within a zone where office, retail or parking are the principally permitted use. The law provides for slightly different qualifying criteria (1) for 100-percent affordable projects and (2) for mixed-income projects located in “commercial corridors.” AB 2011 projects must pay prevailing wages to construction workers, among other labor standards.

Unlike AB 2011, SB 6 does not create any new approval process. SB 6 instead provides that projects meeting certain criteria may invoke SB 35 and the Housing Accountability Act. A project proposed under SB 6 may be either a 100 -percent residential project or a mixed- use project where at least 50 percent of the square footage is dedicated to residential uses. SB 6 projects are not required to be affordable and CEQA applies . SB 6 projects are required to pay prevailing wages and utilize a “ skilled and trained workforce.”
Since these bills sunset in 2033, it is recommended that they not be adopted into the Zoning Ordinance; they will remain in force and effect through State law.

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16 | City of Milpitas Comprehensive Zoning Ordinance Update | July 2023 Chapter 2 Recommendations
Section 2.1 Code Organization
Logical Sequence and Grouping
The Milpitas Zoning Ordinance, Chapter 10 of Title XI (Zoning, Planning and Annexation), inclu des the following sections:

Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Section 24
Section 39
Section 40
Section 45
Section 53
Section 54
Section 55
Section 56
The Zoning Plan
Definitions
Zoning Districts
Residential Zones and Standards
Commercial Zones and Standards
Mixed Use Zones and Standards
Industrial Zones and Standards
Planned Development Zones and Standards
Institutional Zone and Standards
Specific Plan Areas
Overlay Districts and Standards
Special Uses
Public Art Requirements for Private Development
Special Events and Activities
Signs
POS Park and Public Open Space District
Agricultural Zones and Standards
“H” Hillside Combining District
Off-Street Parking Regulations
General Provisions
Exceptions
Nonconforming Buildings and Uses
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Comprehensive Zoning Ordinance Update | July 2023 City of Milpitas | 17 Section 57
Section 59
Section 60
Section 61
Section 62
Section 63
Section 64
Section 65
Applications
Certificate of Occupancy
Boundaries of Districts
Interpretation
Reasonable Accommodation
Enforcement and Penalty
Development Review Process
Procedural Rules for the Conduct of Hearings
As listed above, the existing Zoning Ordinance includes 30 sections, numbered nonconsecutively between one and 65. Consistent and sequential numbering is recommended. Zoning ordinances are complex, with elements building upon, refining, supplementing, and providing exceptions to each other. They are also living documents that change over time. Due to this level of intricacy, it is important that the structure of the Zoning Ordinance reflect s the logical relationships between individual elements. Without a logically consistent organization, the intent of regulations is obscured, and users will struggle to understand what is required of them.

For example, the provisions for all base zone standards should be grouped together in consecutive sections.

Sections 4 through 10 of the Zoning Ordinance includes standards for many of the City’s zoning districts (i.e., residential, commercial, mixed-use, industrial, planned development, and institutional zoning districts).

While Sections 4 through 10 are a good example of consecutively ordering similar standards, the remaining base zoning district standards and the overlay and combining district standards are separated from these sections. The Zoning Ordinance sections should be reordered to keep the general zoning district standards and the overlay and combining district standards in sequential order.

While Sections 4 through 10 are grouped logically , the subsequent sections lack clear and effective organization, making f or an overly complex Zoning Ordinance. For example, Section 54 (General Provisions) is a collection of various Citywide provisions, but it is neither all-encompassing nor presented in an intuitive order . Commonly used parts of zoning ordinances like sign and parking provisions are included elsewhere in the Ordinance (Sections 24 and 53 respectively), and not in consecutive sequence with Section 54. Similarly, special uses and development standards are addressed separately in each zoning type group section ( e.g., residential, commercial, etc.) while special uses standards are also addressed in a separate section (Section 13). Standards specific to particular uses should be consolidated in one place.

Hierarchy of Importance in Organization
Where appropriate, the sections, section groups, and subsections of the Zoning Ordinance should be organized to place the content of highest importance at the beginning. The measure of importance might be defined as the frequency with which Zoning Ordinance users need to ref erence each section, or the value that a particular standard has to the character of Milpitas. This enhances usability, as users searching the Zoning Ordinance are more likely to find the information they need quickly and efficiently . This also 579
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18 | City of Milpitas Comprehensive Zoning Ordinance Update | July 2023 communicates to users the regulations for specific to development that the City has determined to be most important to its vision and policies.

Where no other organizational scheme seems applicable, alphabetization should be used to give some degree of structure to a section and to help with navigation in the Zoning Ordinance. This approach is appropriate for sections with many unrelated elements, such as performance standards for specific uses, where each subsection has equal importance and does not modify or affect any of the other subsections.

Definitions and Clear Rules of Measurement
Organizational improvements to other elements of the Zoning Ordinance are recommended for clarity. For example, it is recommended that use definitions be separate d from the definitions of terms, rather than combined, as in the existing Zoning Ordinance. In the Definitions of Uses section, only the uses that appear in the use tables – and all the uses that appear in the use tables – will be defined. Definitions will remain consolidated, currently located in Section 2 (Definitions) of the Ordinance 4. All appropriate terms and acronyms will be defined and reflect current definitions. See Section 2.3 of this report for recommendations regarding modernizing uses.

The Zoning Ordinance also lacks a comprehensive section defining rules of measurement, including standards for measuring height (for both principal and accessory structures) , measuring setbacks, determining lot area, calculating FAR, and other relevant measurements. Clear rules of measurement are helpful to ensure that
development standar ds are
interpreted uniformly among
Zoning Ordinance users. For
example, clear rules of
measurement help to
determine applicability of
standards in cases of
irregularly shaped lots .

Placing a complete set of
rules of measurement in one
location typically at the end of
the Zoning Ordinance,
provides an easy-to-locate reference tool to ensure consistent interpretation and application of standards.

Remove, Consolidate, or Reorganize Sections as Needed
Sections and subsections that are unnecessary, obsolete, or hard to find are recommended to be deleted or moved to ensure ease of use and clarity in the Zoning Ordinance. For example, overlay zones that are no longer relevant will be deleted (as identified in Section 2.2 of this report). Also, all existing content will be revised for clarity and brevity (e.g., Section XI-10-13.08, Accessory Dwelling Units).

4 Some definitions are not included in Section 2 (e.g., special event and activities definitions are in Section XI-10-15.04). 580
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Comprehensive Zoning Ordinance Update | July 2023 City of Milpitas | 19 Utilize Tables and Cross-References
The existing Zoning Ordinance’s use of tables and notes is largely effective, with minimal edits needed.

The u se tables are recommended to be improved with appropriate cross-reference to supplemental standards within the Zoning Ordinance as well as to the other Titles and Chapters of the Milpitas Municipal Code. All tables are recommended to be updated to correct typographical errors and errors in table note numbering (likely a result of piecemeal Zoning Ordinance amendments) and to improve clarity.

Incorporate Graphic Illustrations
In many instances, graphics can communicate development regulations more clearly and in less space than written standards. For example, new and updated diagrams can clearly depict standards for measuring sign height, while verbal equivalents are prone to misinterpretation and uncertainty. With visual clarification, fewer sections of the Zoning Ordinance will be subject to competing or incorrect interpretations, and regulations can be cleared of much of the jargon that can obscure the Ordinance’s intent. In addition, graphics in the existing Zoning Ordinance need be updated to improve legibility and quality. For example, the graphics found in Section 45 (“H” Hillside Combining District) require improvement5.

Section 2.2 Zoning Districts
While a General Plan establishes land use designations and the overall policy basis for land use and development, zoning creates the framework for implementation of the General Plan policies and land use designations. It also establishes districts which are intended to define distinct locations for different uses, consistent with the General Plan. The Milpitas General Plan 2040, however, takes the step of identifying specific zoning districts to implement its land use designations (General Plan Action LU -1f, Table 1). The Zoning Ordinance will carry forward those recommendations and discussed in this Section.

Generally, development codes include two types of districts, base and overlay. “Base districts” set the basic regulations that apply within the geographic area that defines the district. A community may want to vary some of the regulations within the base district to respond to particular conditions within defined areas . “Overlay districts” are often used for this purpose.

Overlay districts are “laid over” or applied to base districts in situations in which modification of permitted uses or required standards is appropriate due to specific conditions, circumstances, or goals. Overlay districts can be geographically defined and mapped or can apply wherever specific conditions exist.

Preliminary recommendations for amendments to base zoning districts and overlay/combining districts are described in the tables below. These recommendations include related amendments to the General Plan to ensure alignment of allowable densities and intensities (i.e., floor area ratio (FAR)) between the General Plan land use designations and corresponding zoning districts

6. 5 As previously noted, voter approval is required for amendments to Section 45 – “H” Hillside Combining District. 6 The City will propose any other General Plan amendment as necessary to ensure appropriate alignment of General Plan land use designations and zoning districts with the final proposed modifications of the existing zoning districts. 581
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20 | City of Milpitas Comprehensive Zoning Ordinance Update | July 2023 Base Zoning Districts
Table 2.A: Base Zoning Districts - Preliminary Recommendations Existing Zoning
District
General Plan Land Use
Designation
Preliminary Recommendation for the Zoning Ordinance
Update
None
Neighborhood
Commercial Mixed Use
(NCMU)
Create a new NCMU zoning district.

None Business Park/Research
and Development (BPRD) Create a new BPRD zoning district.

Agricultural
Residence (AR) None Delete this zoning district as it is not an implementing zone for the General Plan and no property is zoned AR.

One and Two-
Family District (R2)
Medium Density
Residential (MDR)
Increase maximum density from 11 units per gross acre to 15 units per gross acre. Decrease minimum lot area from 8,000 s.f. to 5,800 s.f. to reflect this density increase.

Multiple-Family
District (R3)
High Density Residential
(HDR)
Increase maximum density from 20 units per gross acre to 30 units per gross acre (1,452 s.f. per unit).

Urban Residential
(R5)
Very High Density Mixed
Use (VHDMU)
Increase maximum density from 60 units per gross acre to 75 units per gross acre.

Mixed Use District
(MXD)
Neighborhood
Commercial Mixed Use
(NCMU)
Allow multifamily dwelling units in mixed-use projects at a rate of 1 unit per 1,500 s.f. of neighborhood-serving commercial. 1 Allow
residential-only projects if 100% affordable to lower income households.

High Density Mixed
Use District
(MXD2)
None
Delete this zoning district as it is not an implementing zone for the General Plan and no property will be zoned MXD2 with adoption of Metro zoning districts (they will be MXD2-Metro).

Very High Density
Mixed Use District
(MXD3)
Very High Density Mixed
Use (VHDMU)
Increase maximum density from 60 units per gross acre to 75 units per gross acre. Reduce maximum non-residential and mixed-use FAR from 2.0 to 1.5 (retain the existing standard allowing up to 2.5 FAR with a Conditional Use Permit).

Town Center (TC) Town Center (TWC) Allow mixed-use projects with a density of up to 40 units per acre provided a minimum 0.35 non-residential FAR is included.

Neighborhood
Commercial District
(C1)
Neighborhood
Commercial Mixed Use
(NCMU), General
Commercial (GNC),
General Commercial (NC)
Increase FAR from 0.35 to 0.75 consistent with NC land use designation. Amend General Plan Table 1 to remove C1 as an implementing zone for the GNC land use designation, which has a maximum FAR of 0.5.

Light Industrial
District (M1) Manufacturing (MFG) Increase FAR from 0.4 to 1.0.

Heavy Industrial
District (M2) Manufacturing (MFG) Increase FAR from 0.4 to 1.0. 582
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Comprehensive Zoning Ordinance Update | July 2023 City of Milpitas | 21 Table 2.A: Base Zoning Districts - Preliminary Recommendations Existing Zoning
District
General Plan Land Use
Designation
Preliminary Recommendation for the Zoning Ordinance
Update
Industrial Park
District (MP) Industrial Park (INP) Increase FAR from 0.5 to 1.0.

1. Anticipate that this ratio may change with the preparation of the new NCMU Zoning District and associated standards. The Zoning Ordinance will ensure consistency with the General Plan ratio, as amended.

Overlay Districts
Table 2.B: Overlay Districts - Preliminary Recommendations Overlay/Combining
District Preliminary Recommendation for the Zoning Ordinance Update High Rise Overlay
District (-HR)
Remove this Overlay as it is outdated and applies to only one property as the result of a project-specific entitlement that was never constructed.

Hillside Combining
District (-H)
Implements Hillside Low Density and Hillside Medium Density land use designations (maximum density of 1 to 3 units/gross acre with density decreasing with increase in slope until 10 acres required per unit (average slope of 27% or greater). Amend -H Combining District to reflect this increase from currently allowed density. 1 Additionally, integrate voter-
approved ballot measures that affect hillside development but are not codified into the Zoning Ordinance.

Mobile Home Park
Combining District (-
MHP)
Currently mobile home parks are zoned Highway Services with the MHP Overlay. Create a MHP base zoning district to remove the need for the overlay and create a single density standard for mobile home parks consistent with the General Plan (7 units per gross acre).

Note that General Plan Table 1 will need to be amended to show MHP as a base zone rather than R1-MHP.

Recreation &
Entertainment Overlay
District (-RE)
The -RE Overlay is intended to allow a broader range of uses where it applies over the C2, HS, MP, and M1 zoning districts. Remove this Overlay as it will be largely superseded with the new BPRD zoning district and comprehensively updated use tables.

Site and Architectural
Overlay District (-S) Remove this Overlay and replace with citywide design review requirements.

1. As previously noted, voter approval is required for amendments to Section 45 – “H” Hillside Combining District.

Note: General Plan Policy LU 2-5 specifically lists all existing overlay/combining districts; therefore, any removal or addition of overlays/combining districts will require a General Plan amendment for consistency.

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22 | City of Milpitas Comprehensive Zoning Ordinance Update | July 2023 Section 2.3 Use Regulations
Use regulations, typically presented in a tabular format, detail the type of uses that are allowed, any required planning approval, and specific limitations applicable to the activity or use. Land use categories are building blocks that establish the basis for regulation, while use regulations identify the specific use categories that are allowed, allowed with a permit, or prohibited in each zoning district. Use regulations may also include special requirements applicable to specific uses.

General Plan land use designations outline what is allowed in terms of uses and intensity of development, with each designation mapped on a land use diagram (see General Plan Figure LU-1). In addition, Citywide policies, particularly those related to economic development, call attention to particular uses that should be promoted. It is important to ensure that the use regulations in the Zoning Ordinance carry out these City policies.

An Updated Approach to Uses
The changing nature of land use demands flexibility in regulation. Specialized operations and segregated uses are becoming less prevalent as operations and uses adapt to rapidly changing technology and market preferences. Traditionally, a company may have manufacturing in one place, an office somewhere else, and a shop in still another location. Increasingly, and particul arly for smaller operations, functions are blending. For example, a craft brew establishment may brew and distribute beer, sell beer and brewery related merchandise, serve beer and food, and feature live entertainment. This type of operation combines five traditionally separate uses: manufacturing, distribution, retail sales, eating and drinking, and entertainment. While Ordinance 38.848 (adopted in 2022) included updates to various uses, its focus was on industrial areas and related uses. The current Zoning Ordinance is recommended to be revised to make it easier to determine how operations that combine uses fit into the City’s use regulation scheme.

The Zoning Ordinance update provides the opportunity to modernize the City’s approach to use regulation to reflect contemporary uses, current development practices, and State and federal law. The updated regulations can address specific considerations for certain uses such as urban agriculture, artisan workspace, entertainment, and others. They can provide flex ibility to adapt to changing preferences, technology, and other circumstances. The updated use lists can also support community objectives such as providing a diversity of housing types and flexible commercial and employment centers.

To help modernize the Zoning Ordinance, obsolete uses (i.e., those no longer allowed, or those containing outdated terms) are recommended to be eliminated and contemporary uses such as industrial flex space, shared office spaces, and urban agriculture uses (e.g., community gardens, produce stands, etc.) added.

The Zoning Ordinance update will also incorporate mechanisms to allow for flexibility in the change in uses or combination of uses. In addition to identifying and providing for accessory uses that are typically associated with certain principal uses, the Zoning Ordinance may incorporate provisions to allow other accessory uses (e.g., outdoor dining, coffee bar, rooftop gardens and/or dining), up to a certain threshold, that are subordinate and incidental to a principal use. Special attention can also be given to having uniform requirements or standards for uses, where appropriate. Reducing nuances between requirements for varying uses will ease administration and provide flexibility with regard to evolv ing operations and the re- use of property.
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Comprehensive Zoning Ordinance Update | July 2023 City of Milpitas | 23 The allowable uses within each zoning district will be updated for compatibility with the purpose of the district, compatibility with adjacent districts and uses, consistency with the General Plan land use designation, consistency with other City poli cies (see Section 1.1 of this report ), and adaptability to contemporary trends.

Lastly, these revisions , together with appropriate standards for specific uses , will facilitate a reduction in the application of Conditional Use Permits (CUPs). Reducing the use of CUPs encompasses allowing uses by right or lowering the level of CUP required (i.e., City staff -level approval instead of Planning Commission)7. Lowering approval requirements for desired uses provides efficiencies that can advance the City’s goals for supporting new businesses and employment generation.

Clarity and Organizational Improvement of Uses
The Zoning Ordinance’s use definitions lack congruency and consistency. Some uses are not defined, and others are redundant across the various sections of the Zoning Ordinance. For example, the Ordinance lists hospitals under three different uses: “Hospital ,” “Hospitals ,” and “Hospitals or Sanitariums” in commercial districts, industrial districts, and mixed- use districts respectively. It is recommended that redundant uses are consolidated under a uniform term that falls into one use category (e.g., commercial uses, industrial uses, etc.). Additionally, very specific uses are listed (e.g., “Furniture Sales,” “Household Appliance Store,” and “Paint and Wallpaper Stores”). As previously discussed, this approach limits flexibility and unnecessarily expand the use tables. These types of uses are recommended to be grouped under a broader use (e.g., General Retail) with appropriate supplemental regulation8.

Section 2.4 Development and Design Standards
The current Zoning Ordinance has a variety of standards that address design and quality of development.

Some of the standards were established more than 2 0 years ago and reflect the common practice and development style popular at the time. Though additional development and design standards and requirements have been added over the years, the s tandards lack thorough integration within the Zoning Ordinance, resulting in a code that does not adequately support the development and built form that the Milpitas community envisions. The following subsections address issues across various sections and topics in the existing Zoning Ordinance and provide recommendations for improvement , in addition to those identified in Section 1.1.

Objective Design Standards for Non-Residential Uses
While the City adopted Residential and Mixed -Use Objective Design Standards (ODS) applicable to qualifying multi-family and residential mixed -use projects in November 2022 and consistent with SB 330, the current Zoning Ordinance lacks references to the ODS in the appropriate sections. Further, the

7 Removing the CUP requirement for tandem parking, particularly tandem parking for single-family homes, is also recommended; however, standards related to tandem parking may be appropriate to facilitate the staff-level review. 8 Home occupations, for example, have standards specific to that use (Section XI-10-13.05); however, it is recommended that these be expanded.
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24 | City of Milpitas Comprehensive Zoning Ordinance Update | July 2023 development of objective design standards for non -residential uses (i.e., commercial and industrial) is recommended. The Zoning Ordinance is recommended to include non-residential design standards for elements such as building entrances, façade design and articulation, upper story s tep-backs, pedestrian and bicycle circulation, landscaping, parking design, and lighting (see Section 1.1 of this report).

Parking
Parking standards for vehicles and bicycles are an important part of any Zoning Ordinance. Parking ratios in the existing Zoning Ordinance need to be updated and reduced to better accommodate the City’s vision and needs and ensure consistency with State law (also see Sections 1.1 and 1.3 of this report ). It is, therefore, recommended that the parking provisions be comprehensively updated to reduce minimum parking ratios and establish maximum parking ratios where appropriate; expand on allowed shared and alternative parking strategies ; update design standards for parking areas such as the inclusion of drive aisles; incorporate standards for both short - and long-term bicycle parking and storage; and incorporate appropriate standards for electric vehicle (EV) charging stations while encouraging these uses (see Table

1.D) and complying with legal requirements . Bicycle parking standards will include requirements for placement (e.g., on-site and near main entrances) and to ensure bicycle parking is easily accessible and secure. Additionally, parking standards wi ll include requirements for on- site delivery, loading, and move- in/move-out activities, as appropriate.

Landscaping and Tree Standards
The current Zoning Ordinance lacks comprehensive standards for landscaping, tree planting, and tree shade. The City’s goals and vision, as well as best zoning practice, warrant the inclusion of comprehensive landscaping and tree standards in the Zoning Ordinance, especially the inclusion of updated drought - tolerant requirements for landscaping. Currently, the only landscaping requirements are for development within the Hillside Combining District (H), adopted in City Council Resolution No. 6066, and those requirements are not yet incorporated into the Zoning Ordinance 9 . Further, it is recommended that comprehensive landscape design standards (e.g. , parking lot and perimeter landscaping standards and tree planting standards on -site and in adjacent public right -of-way), drought-tolerant planting standards, and water preservation standards be included and/or referenced from other chapters in the Municipal Code, as well as review procedures for landscape plans, if different from other site or design review processes.

The City has standards applicable to tree removal in the City’s right -of-way (Tree Protection and Heritage Tree Program (Municipal Code Title X, Chapter 2, Section 7), the Zoning Ordinance is recommended to address tree protection on private property (also see Table 1.D). Some of the standards in the existing Tree Protection and Heritage Tree Program may be appropriate to also apply to private property; however, this will be further reviewed during preparation of the draft updated Zoning Ordinance.

Single-Family Residential Development Standards
Some of t he existing Zoning Ordinance’s single- family residential development standards are recommended to be clarified and expanded. For example, exceptions to the Zoning Ordinance’s setback

9 Water Efficient Landscapes are regulated in Title VIII, Chapter 5. 586
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Comprehensive Zoning Ordinance Update | July 2023 City of Milpitas | 25 standards, found in Section XI-10-55.03 (Setbacks), are recommended to be updated and revised to reflect the development types the community envisions, to be cognizant of sensitive adjacencies, and support engaging frontages. Additional objective design standards, for elements such as window recess, variation of roof form, blank walls, and colors and materials, are also recommended. Standards for site design should ensure that single-family home remodels or additions are supported and encouraged10.

Other Recommendations
Other recommendations for development and design standards of the Zoning Ordinance are listed below:
• Clarify building height in the industrial zoning district s rather than leaving ambiguity regarding allowed maximum height.
• Simplify height regulations for accessory structures, which are in multiple place s in the Zoning Ordinance (Table XI-10-4.04, XI-10-54.08 (B), etc.).
• Clarify setback standards for accessory structures in coordination with Fire and Building Department requirements. Also, acknowledge potential easement conflicts. • Revise and clarify fence and wall standards to accommodate taller entry features, allow appropriate flexibility, and address recurring issues (e.g., easements, utility areas, City right-of-way/street trees, corner lots and irregularly-shaped lots, applicability (e.g., retaining walls, bushes, etc.), gates/locks, etc.).
• Better define distinctions between special events to facilitate review and approval (Section 15). • Include and/or reference access management best practices as outlined in the Transportation Research Board’s Access Management Manual and Access Management Application Guidelines as appropriate.

Section 2.5 Sign Standards
Legal Issues
For many years, and especially since the landmark U.S. Supreme Court decision in Reed v. Town of Gilbert (No. 135 S.CT.2218, 2015), decided in June 2015, U.S Courts have affirmed that sign regulations must be “content-neutral” to survive a legal challenge. To be content -neutral, sign regulations must be based on “time, place, and manner” restrictions, rather than by making distinctions base d on the message the sign conveys.
“Time, place, and manner” restrictions, as the name suggests, limit the length of time, the manner, and place or location of a sign. As an example, well -written sign regulations may include a limitation on the length of time portable or temporary signs may be displayed, such as A -frame signs or banner signs;

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26 | City of Milpitas Comprehensive Zoning Ordinance Update | July 2023 restrictions on the total area, maximum height, or illumination of a sign; and where the sign may be placed (i.e., so as not to encroach within public right-of-way).

A content-based sign regulation, on the other hand, include s standards specific to the message that is conveyed on the sign (i.e., the sign needs to be read to understand what standards will apply to it). These include, for example, “political signs” which may be regulated differently to “temporary construction signs,” “garage sale signs,” or “real estate signs.”
As a general recommendation, it is important that all content -based sign standards be removed from Section 24 (Signs). This includes, for example, references to garage sale signs, political signs, open house direction signs, temporary tract advertising signs, etc.

Organization and Clarity Issues
In addition to the content-based issues described above, the sign regulations can be improved by applying the following recommendations:
• Revise the organization of the sign standards based on best practices, especially following the Reed case. This includes for example a new general development standards section for standards related to measuring sign area and height, illumination standards, sign placement and display standards, maintenance standards, etc. and separate sections for permanent and temporary/portable signs.
• Include a comprehensively updated Purpose and Intent section, provisions to allow the substitution of a sign message, provisions for the right to picket, a content -neutral statement, and a separate severability clause.
• Revise and reduce t he number of exceptions
to the sign standards consistent with best
practices.
• Include simple and clearly illustrated graphics
to illustrate each sign type (see awning sign
graphic).
• Format the standards for sign types (i.e., sign
area, height, placement, illumination, etc.) in a
simple table format for ease of use.
• Update and modernize the sign definitions. Group sign definitions in a subsection of the definitions section, similar to separate definition subsections for uses and general terms. • Include the sign regulations in the Metro Specific Plan in the updated Zoning Ordinance s ign standards.
• Consider modifying standards (e.g., height, length of display, etc.) and review authority for various signs as appropriate.
• Ensure consistency throughout the Zoning Ordinance pertaining to sign regulations (e.g., Applications Section 57).
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Comprehensive Zoning Ordinance Update | July 2023 City of Milpitas | 27 • Conform to and/or reference California Department of Transportation’s Outdoor Advertising Regulations where appropriate.

Section 2.6 Administration and Procedures
Organization Issues
The City’s Zoning Ordinance does not include one logically organized and consolidated Administration and Procedures Chapter or Section. Instead, administrative processes are randomly included in a variety of Sections within Chapter 10, Zoning, including for example:
• Section 57 (Applications) that provides the procedures for General Plan, Specific Plan, and Zoning Amendments; Site Development Permits and Minor Site Development Permits; Conditional Use Permits and Minor Conditional Use Permits; Density Bonus Permits; and Variances; • Section 59 (Certificates of Occupancy);
• Section 61 (Interpretation);
• Section 63 (Enforcement and Penalty); and
• Section 64 (Development Review Process).

It is recommended that all of the above-listed administration and procedures sections be reorganized and consolidated. The consolidated section will then include all of the procedures for various planning permits and approvals, amendments to the General Plan, amendments to the zoning map and text, specific plans, appeals, enforcement, etc.

Design Review and Clear Purpose of Permits
It is recommended that p rocedures for design review , clearly stating that design review is applicable citywide, be included. Site Development Permits and Use Permits currently serve in some capacity as design-related review. It is recommended that the purpose, review pr ocedures, and findings for each of these permit types be clarified. For example, permit purpose statement may focus on the following:
• Design Review Permit – Permit for reviewing consistency with applicable design standards and guidelines.
• Site Development Permit – Permit for reviewing compliance with applicable Zoning Ordinance standards.
• Conditional Use Permit – Permit for reviewing uses and activities for compatibility with the site and surrounding uses.

It is recommended that a minor design review process (i.e., review and approval by City staff for alterations, additions, certain levels of new construction, etc.) and major design review for larger and potentially more controversial projects, by for example, the Zoning Administrator or Planning Commission, be included. 589
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28 | City of Milpitas Comprehensive Zoning Ordinance Update | July 2023 Site Development Permits
Table XI -10-57.03-1 (Additions or Alterations Requiring Minor Site Development Permits), while very comprehensive, is unwieldy and challenging to use and apply. It is recommended that this table be streamlined and reorganized, with consideration of the proposed citywide design review (see above), and with actual development standards included in the appropriate places within the updated Zoning Ordinance.

This will result in the table including only clear applicability provisions for certain uses and/or development features. This table or accompanying text should also include, for example, a description of those applications for which planning review and permits are not required (e.g., for window or roof replacement).

Exceptions
The Zoning Ordinance provides extensive flexibility to various standards and provisions (e.g., building height, nonconforming, parking, temporary uses and structures, etc.) through a Conditional Use Permit (see Table XI-10-57.04-1). While flexibility in a Zoning Ordinance provides an opportunity to address unique conditions, it erodes predictability which can result in neighborhood opposition. An alternative approach would be to codify clear standards (e.g., when projections into setback areas or exceedances of the height limit are appropriate) (see Section 55) , and if additional flexibility is needed, establish a new m inor modification process (effectively a staff level process for adjusting a standard up to predetermined limits).

Section 55 (Exceptions) describes various circumstances where minor exceptions from certain standards are allowed including encroachments and projections into setbacks and various determinations for setbacks, height, and lot area. Regardless of whether a minor modification process is added, t he variance process will remain in the Zoning Ordinance and be used when hardship conditions are present and the findings consistent with State law for granting a variance are met (also see Section 1.3 regarding variances). This recommendation is also consistent with implementation of General Plan Policy LU 5-3 (see Table 1.A).

Other Recommendations
Other recommendations for administrative and procedure sections of the Zoning Ordinance are listed below:
• Modify findings for approval as necessary so they are clear to facilitate the review and approval of all projects, especially housing developments . This recommendation is also consistent with implementation of Housing Element Program 21. Potential modifications will be further discussed with City staff prior to drafting these provisions for the updated Zoning Ordinance. • Create a new “common procedures” section in which all processes and procedures that are common to the preparation, filing, and processing of development applications will be placed, including for example, application process, review of planning applications, noticing requirements, extensions and modifications, etc.
• Revise the noticing requirements to be more effective, such as using additional noticing methods.

The Zoning Ordinance revisions may be supplemented with additional City guidance that is not codified.
• Add flexibility to time limits/extensions of permit approvals. • Add a clear statement clarifying when any type of review authority (e.g., City staff, the Zoning Administrator, etc.) may refer or elevate a decision to a higher review authority. 590
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Comprehensive Zoning Ordinance Update | July 2023 City of Milpitas | 29 • Clearly describe the requirements and procedure for amendments or modifications to existing entitlements.

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30 | City of Milpitas Comprehensive Zoning Ordinance Update | July 2023 Chapter 3 Next Steps
This report will be used as the foundation to prepare the c omprehensively updated Zoning Ordinance.

These preliminary findings and recommendations will be discussed, refined, and expanded through continued community engagement including public workshops, Zoning Advisory Group (ZAG) meetings, and Planning Commission and City Council study sessions.

The next milestones for the Zoning Ordinance Update are summarized as follows:
• Draft New Zoning Districts and Zoning Map. The new Business Park/Research & Development zoning district, Neighborhood Commercial Mixed Use zoning district, and Metro Specific Plan zoning districts will be drafted for public review. A draft updated Zoning Map will also be prepared and released for public review.
• Public Review and Comment. Public review and opportunities for discussion and feedback on this Report and the draft new zoning districts and zoning map. • Annotated Table of Contents. An annotated Zoning Ordinance table of contents will be prepared that proposes an improved structure and organization of the Zoning Ordinance based on identified issues and findings of this report.
• Preliminary Style Guide . A preliminary Zoning Ordinance s tyle guide will be prepared that identifies guidance for the updated Ordinance layout, cross references, terminology, fonts, graphics, and other items.

This report and public engagement efforts will continue to inform the update of the Zoning Ordinance. 592
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City of Milpitas
455 East Calaveras Boulevard
Milpitas, CA 95035
Lisa Wise Consulting, Inc.
870 Market Street, Suite 977
San Francisco, CA 94102
City of Milpitas
New Zoning Districts
(Zoning Ordinance Update Phase I)
Public Draft | August 2023
Prepared by:Prepared for:
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Table of Contents
Table of Contents
Section 2: Definitions
XI-10-2.01 Purpose and Intent ........................................................................................................... 1 XI-10-2.02 General Definitions ........................................................................................................... 1 XI-10-2.03 Definitions .......................................................................................................................... 2 Section 7: Industrial Zones and Standards
XI-10-7.01 Purpose and Intent ........................................................................................................ 27 XI-10-7.02 Industrial Use Regulations ........................................................................................... 27 XI-10.7.03 Industrial Zone General Development Standards .................................................... 31 XI-10-7.04 Industrial Zone Special Development and Performance Standards ...................... 32 XI-10-7.05 Special Design Standards for the BPRD Zone .......................................................... 34 XI-10-7.06 Conformance with Specific Plans ................................................................................ 40 Section 9: Metro Area Zones and Standards
XI-10-9.01 Purpose and Intent ........................................................................................................ 41 XI-10-9.02 Metro Area General Use Regulations ......................................................................... 42 XI-10-9.03 Metro Area Special Use Regulations ........................................................................... 47 XI-10-9.04 Metro Area General Development Standards ........................................................... 49 XI-10-9.05 Metro Area Special Development Standards ............................................................ 51 XI-10-9.06 Metro Area Special Design Standards ........................................................................ 52 XI-10-9.07 Affordable Housing ....................................................................................................... 58 XI-10-9.08 Exceptions to Standards ............................................................................................... 58 Section 53: Off-Street Parking Regulations
XI-10-53.01 Purpose and Intent ..................................................................................................... 59 XI-10-53.03 Ap
plicability .................................................................................................................. 59 XI-10-53.05 Maintenance of Off-Street Parking ........................................................................... 60 XI-10-53.07 Types of Parking Allowed ........................................................................................... 60 Public Draft | Milpitas New Zoning Districts | i
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Table of Contents
XI-10-53.09 Off-Street Parking Required by Land Use ................................................................ 61 XI-10-53.11 Shared Parking ............................................................................................................. 67 XI-10-53.13 Design Standards ........................................................................................................ 68 XI-10-53.15 Allowed Reductions to Required Parking for Lodging Uses .................................. 71 Section 54: General Provisions
XI-10-54.18 2023-2031 Housing Element Sites ........................................................................... 75 Section 56: Nonconforming Buildings and Uses
XI-10-56.05 Nonconforming Parcels .............................................................................................. 77 ii | Milpitas New Zoning Districts | Public Draft
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Title XI - ZONING, PLANNING AND ANNEXATION
Chapter 10 - ZONING
Section 2 Definitions*
Section 2 Definitions*
* Prior ordinance history: Ords. 38, 38.19, 38.22, 38.39, 38.227, 38.339, 38.342, 38.355, 38.395, 38.485, 38.541, 38.551, 38.59 1, 38.603,

38.629, 38.646, 38.654, 38.667, 38.688, 38.694, 38.697, 38.702, 38.708, 38.710, 38.713, 38.754, 38.759, 38.760, 38.761, 38.763, 38.767,

38.770, 38.776 and 124.27.

XI-10-2.01 Purpose and Intent
The purpose of this chapter is to ensure precision in interpretation of this title. This section provides definitions of terms and phrases used in this Zoning Code that are technical or specialized, or that may not reflect common usage. If any of the definitions in this chapter conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Zoning Code. If a word is not defined in this chapter, or other provisions of the Municipal Code, the most common dictionary definition is presumed to be correct. (Ord. 38.780 (2) (part), 8/19/08)
XI-10-2.02 General Definitions
A. The word "shall" is mandatory and not discretionar y. The word "may" is permissive and discretionary.

B. The word "should" indicates a guideline that must be followed in the absence of compelling considerations to the contrary.

C. In the case of any difference of meaning or implicat ion between the text of any provision and any caption or illustration, the text shall control.

D. Unless the context clearly indicates to the contra ry, words in the present and the future tense are interchangeable, and words in the singular and plural are interchangeable.

E. Unless the context clearly indicates to the contrary , the following conjunctions shall be interpreted as follows:

1. "And" indicates that all connected items or provisions shall apply;

2. "Or" indicates the connected item s or provisions apply singly; and

3. "And/or" indicates the connected items or provisions may apply singly or in any combination; and

4. "Either…or" indicates that the connected items or provisions shall apply singly but not in combination.

F. The word "used" shall include arranged, designed, constructed, altered, converted, rented, leased, occupied, or intended to be utilized.

G. The words "Planning Director" shall mean the Planning Director of the City or designee.

H. The words "Planning Division" sha ll mean staff representing the City in implementing this chapter, the General Plan, and other regulations affecting land use.

I. The words "City Engineer" shall mean the City Engineer of the City or designee.

J. The words "Building Official" sha ll mean the Building Official of the City or designee charged with the administration and enforcement of the Building Code of the City of Milpitas.

K. The words "City Manager" shall mean the City Manager of the City or designee.

L. The words "Planning Commission" or "Commission" shall mean the City Planning Commission.

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M. The word "Council" shall mean the City Council, the governing body of the City.

N. The word "City" shall mean the City of Milpitas.

O. The word "County" shall mean the County of Santa Clara.

P. The word "State" shall mean the State of California.

Q. The words "Zoning Ordinance" or "this Chapter" or "Zoning Code" shall mean Title XI, Chapter 10 of the Municipal Code of the City.

R. The words "General Plan" shall mean the General Plan of the City.

S. The word "code" shall mean the municipal code of the City.

T. Unless otherwise indicated, reference in this Chap ter to whole numbers of sections includes all of the decimal-numbered paragraphs listed under such whole number section; i.e., a reference to Section 1.00 includes Subsections 1.01, 1.01-1 where the same are applicable.

U. The word "lot" includes "plot".

V. The word "buil
ding"
includes "structure" except as specified.

W. The words "Enforcement Officer" mean that person or persons specifically designated by the City Manager to enforce the provisions of this Chapter.

X. The words "Zoning Administ rator" shall mean the City Zoning Administrator. (Ord. No. 38.834 , § 4, 8/20/19; Ord. 38.780 (2) (part), 8/19/08) XI-10-2.03 Definitions
A
"Abate" shall mean to repair, replace, remove, destroy or otherwise remedy the condition in violation of this Chapter.
"Accessory Building or Use" means a subordinate building or use, whose purpose is clearly incidental to that of the main building or the use of the land, and which shall not contain living or sleeping quarters or storage for commercial vehicles in excess of three-quarter (¾) ton size. Accessory dwelling units, as defined in subsection XI- 10-13.08 "Accessory Dwelling Units," are exempted from the prohibition against living and sleeping quarters. An accessory building shall be considered attached to the main building if:

1. It shares a common wall with the main building; or

2. It shares an integral roof structure having the same framing system and roof covering as the main building and is separated from the main structure by no more than ten (10) feet at any given point. "Accessory Structure" means a structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building. An accessory structure is that which an accessory building is not, by definition. Examples include, but are not limited to fences, trellises, covered patios, and porte cocheres.
“Active Use” means a use that attracts walk-in visitors and has a high degree of transparency from the street. Active uses include but are not limited to retail, restaurants, bars, markets, theaters, salons, yoga studios, art studios/galleries, banks, offices, and clinics. Active uses also include ground floor residential shared amenities, such as a lobby, gym, or conference room.
"Adjacent" means having a common border with, or being separated from such a common border by a right- of-way, alley or easement. Properties separated by a street, alley, intersection, or other public right-of-way (other 2 | Milpitas New Zoning Districts | Public Draft
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than an elevated interstate freeway), shall be considered abutting when their property lines would touch in any way if drawn to the center line of such street, alleyway, intersection, or other public right-of-way. “Advanced Manufacturing” means the use of innovative technologies to create existing and new products or to improve products and processes. Advanced manufacturing focuses on the rapid transfer of science and technology into production activities and may incorporate high technology elements such as information, automation, computation, software, sensing, and networking. "Airport" means any area of land or water designed, used, or intended to be used or set aside for the landing and taking off of aircraft. The term "Airport" includes all necessary taxi-ways, aircraft storage and tie-down area, hangars and other necessary buildings and open spaces.
"Alley" means any public thoroughfare which affords only a secondary means of access to abutting property. "Alteration, Structural" means any change which would tend to prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders. "Amateur Radio Facility" means a wireless communication facility operated by an FCC licensed amateur radio operator within the Amateur Radio Service (USC Title 47, Part 97). "Amateur Radio Operator" means a person holding written authorization to be the control operator of an Amateur Radio facility. This authorization may be in the form of a license or permit issued by the Federal Communications Commission or a foreign national or multi-national license or permit recognized by treaty as valid in the United States.
"Antenna" means any system of towers, poles, panels, rods, wires, drums, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves. See also "Satellite dish or satellite antenna." Apartment House. See "Dwelling, Multiple-Family."
Apartment, Efficiency. Efficiency apartment means a dwelling unit in a multi-family building consisting of not more than one (1) habitable room, together with kitchen or kitchenette and sanitary facilities. "Assembly" means the provision of activities for assembled groups of participants at institutions or facilities including but not limited to private and nonprofit clubs; social or fraternal organizations; and churches, temples, synagogues and other places of worship. Assembly uses in the context of groups of people is distinct from and unrelated to the definition of the industrial use "Assembly from pre-processed materials." "Assembly from pre-processed materials" means assembling, packaging, or distributing from previously prepared materials, such as cloth, plastic, paper, leather, precious or semi-precious metals or stones, electric or electronic instruments and devices such as television, radios, and pharmaceutical products. Assembly in the context of industrial manufacturing is distinct from and unrelated to the definition of "Assembly" involving groups of people.
"Auto" means any motor vehicle requiring a license pursuant to the California Vehicle Code. "Automobile Service Station" means any premises used for supplying gasoline and oil at retail, direct to the customer, including minor accessories and services for automobiles, but not including automobile repairs. "Auto Repair shop" means any shop, building, room, place or space wherein, for compensation, any automobile, other motor vehicle, or any parts thereof, are repaired, remodeled, overhauled, reconditioned, or painted.
"Automobile and Trailer Sales Area" means an open area, other than a street, used for the display, sale or rental of new or used automobiles or trailers, and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed or sold on the premises. "Automobile Wrecking" means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

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B
"Bar or nightclub" means a commercial establishment serving alcoholic beverages for consumption on the premises where the service of food is only incidental to the consumption of such beverages. Dancing and live entertainment may also be conducted within the establishment. "Basement" means a story, partly or wholly, underground. For purposes of height measurements, a basement shall be counted as a story where more than one-half (½) of its height is above the average level of the adjoining ground.
"Bay Window" means a window or set of windows jutting out from the wall of a building, rising from the ground and forming an alcove which may or may not add additional floor area or a sitting area within. "Bedroom" means any room which meets the minimum requirements of both the Zoning Ordinance and the Building Code for a Habitable Room, which is constructed in such a manner that less than fifty (50) percent of one (1) wall is open to an adjacent room or hallway and which can be readily used for private sleeping purposes, shall be counted as a bedroom in order to determine parking or other requirements. For the purpose of calculating parking requirements, the following rooms which regularly make up a standard dwelling unit shall not be considered a "bedroom": one (1) kitchen, one (1) living room; one (1) family or recreation room; one (1) dining room; and the customary sanitary facilities. Planning staff shall determine whether or not a room qualifies as one of the above exceptions.
"Billiard Center" means a place for the public to view and participate in cuesports, such as, but not limited to, billiards, pocket billiards (e.g., pool), snooker, and the various forms of carom billiards. "Billiards" means a "Recreation and Entertainment facility" for the public to view and participate in cue sports, such as but not limited to billiards, pocket billiards (e.g., pool), snooker, and the various forms of carom billiards.
"Block" means that property so designated on an official map of the City, or part of the City, or bounded by streets, or by a street or streets, and railroad right-of-way, canal right-of-way, or unsubdivided acreage. "Boarding House" means an establishment where lodging is provided for compensation, generally for stays of more than 30 days, for up to 8 persons. Boarding houses typically have individual rooms for guests, shared bathroom facilities and a single common kitchen. Meals may be served for guests and included as part of the cost of lodging.
"Breezeway" means a covered passageway between buildings which does not exceed ten (10) feet in width and which has at least one side open, except for necessary supporting columns. "Building" means a structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, or chattels. Where a dwelling is separated by a division wall without openings, each portion of such dwelling shall be deemed a separate building.

Building, Height of. "Height of building" means the vertical distance measured from the adjoining curb grade to the highest point of the roof surface, if a flat roof; and to the mean height level between eaves and ridge for a gable, hip or gambrel roof; provided, however, that where buildings are set back from the street line, then the height may be measured from the average elevation of the finished grade along the front of the building.

Building, Main. "Main building" means a building in which is conducted the principal use of the lot on which it is situated. The main building shall contain all area within the interior faces of the building, including enclosed areas that are attached. In any "M" district any dwelling shall be deemed to be the main building on the lot on which the same is situated.

Building, Unit Group. "Unit group building" means two (2) or more buildings (other than dwellings) grouped upon a lot and held under single ownership such as universities, hospitals, institutions and industrial plants. 4 | Milpitas New Zoning Districts | Public Draft
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Business, Retail. "Retail business" means retail sale of any article, substance, or commodity for profit or livelihood conducted within a building, but not including the sale of lumber or other building materials or the sale of used or second-hand goods or materials of any kind.
"Business Support Services" means establishments primarily within structures that provide other businesses with ancillary services that further or facilitate the other businesses' primary activity. This term does not include activities or uses that are specifically listed as a conditionally permitted or prohibited use in the applicable zone.

Examples of business support services include but are not limited to:

1. Business equipment repair services (except vehicle repair);

2. Commercial art and design (production);

3. Computer-related services (rental, repair);

4. Copying and quick-printing services;

5. Equipment rental businesses within structures;

6. Heavy equipment repair services where repair occurs on the client site;

7. Janitorial services;

8. Mailbox rentals;

9. Mail advertising services (reproduction and shipping);

10. Other "heavy service" business services;

11. Outdoor advertising services;

12. Protective services (other than office related);

13. Rental, repairs and distribution of office or business equipment;

14. Window cleaning.

14. Business, Wholesale. "Wholesale business" means the wholesale handling of any article, substance or commodity for profit or livelihood, but not including the handling of lumber or other building material or the open storage or sale of material or commodity, and not including the processing or manufacture of any product or substance.

C
Camp, Trailer. "Trailer camp" means an area or tract of land used or designed to accommodate two (2) or more automobile or house trailers.
"Catering establishment" means an establishment in which the principal use is the preparation of food and meals on the premises, and where such food and meals are delivered to another location for serving and consumption.
"Candidate" means any person, party, referendum, initiative or other ballot measure. "Cemetery" means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery.
"Child Care Center" means any child care facility other than a family child care home, in which less than twenty-four (24) hour per day non-medical care and supervision are provided to children in a group setting. It includes infant centers, preschools, and extended child day care facilities, but does not include after school programs.

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"Class A Office Space" means a high quality, modern building with large floor plates and amenities that typically attracts rents in the top twenty-five percent (25%) bracket. "College and University, Public or Private" means a college, community college, or university giving general academic instruction equivalent to the standards prescribed by the State Board of Education. "Commercial Athletic Facility" means a building or site equipped for physical training or athletic type games and sports, such as but not limited to, health spas, tennis, gymnasiums, handball courts, racquetball courts; also including ancillary uses when incidental to the primary use, such as but not limited to, steam baths, weight training, aerobic classes, massage, saunas, and the retailing of athletic supplies to be used in the facility. "Commercial Fueling Facility" means a fueling facility designed for commercial customers which dispenses gasoline, diesel, or similar vehicle fuels, and which is not open to the general public, has no cash sales and provides no personal services on-site, provided that said facility is located not closer than five hundred (500) feet from any residentially zoned district or any area designated on the General Plan as being "residential" or any mobile home park.
"Commercial Laboratory" means a facility for scientific research in technology-intensive fields. Examples include biotechnology, pharmaceuticals, genetics, plastics, polymers, films and fibers. "Commissary" means a fixed-location kitchen where food is stored and prepared for off-site vending from mobile food vehicles. Commissaries serving mobile food vendors may include shared-use commercial kitchens, private commercial kitchens, restaurant kitchens, and kitchens associated with civic and community organizations such as churches or social clubs; but do not include catering service establishments. "Community Garden " means an area where neighbors and residents have the opportunity to contribute to and manage the cultivation of plants, herbs, vegetables, and fruits, generally on property under public or non- profit ownership. May consist of individually tended plots on a shared parcel or many be communal on a single plot.
"Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment, office, or store. A condominium may include in addition a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either of the following:

1. An estate of inheritance or perpetual estate.

2. An estate of life.

3. An estate for years, such as leasehold or sub-leasehold. "Condominium Conversion" means a change in the type of ownership of a parcel or parcels of land, together with the existing attached structures, to that defined for a condominium project or a community apartment project regardless of the present or prior use of such land and structures and whether substantial improvements have been made or are to be made to such structures.
"Conference Center" means a facility used for holding conventions, seminars, workshops or similar activities, including dining facilities and lounges for use by participants, as well as compatible accessory facilities such as offices and business centers.
"Continuing Violation" means a violation, infringement or breach of a provision of this chapter that is uninterrupted and lasts for a continuous period in excess of 24 hours. "Contractor’s Shop" means an establishment for specialized business activities related to building construction. This classification includes establishments for trades such as painting, carpentry, plumbing, glassworking, heating, air-conditioning, roofing, landscaping, cabinetmaking, and sign-making. 6 | Milpitas New Zoning Districts | Public Draft
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“Convenience Store” means a retail establishment selling food, beverages, and small convenience items such as personal hygiene products, cigarettes, magazines, etc. Food and beverage products sold primarily consist of packaged and canned goods, prepared foods and hot drinks for immediate consumption, fountain sodas, etc., with less than 10 percent of net retail floor area allocated for the sale of fresh fruits, fresh vegetables, fresh meat and dairy products, and other similar perishable items. Convenience stores are smaller in floor area than supermarkets/grocery stores (typically 4,000 square feet or less) and have long or late hours of operation (open before 7:00 am or after 10:00 pm).
“Court Dwellings” means a residential development in which there are several freestanding single-family or two-family dwellings with separate walls clustered on a single lot. Units are typically arranged to face around a common open space or drive aisle. If subdivided, a maintenance agreement or homeowners association may govern common areas like driveways or open space.
"Court" means an open unoccupied space, other than a yard, on the same lot with a building or buildings, and bounded on two (2) or more sides by a building, or buildings, including the open space in a dwelling group providing access to the units thereof.
"Court Apartment" means one (1), two (2) or three (3) multiple dwellings arranged around two (2) or three (3) sides of a court which opens onto a street, or a place approved by the Commission. "Curb Grade" means the elevation of the established curb in front of the building measured at the center of such front. Where no curb grade has been established, the City Engineer shall establish such curb grade or its equivalent for the purpose of this Chapter.
“Custom and Artisan Manufacturing” means an establishment primarily engaged in on-site production of goods by hand manufacturing or artistic endeavor, which involves only the use of hand tools or small mechanical equipment and the incidental direct sale to consumers of only those goods produced on site. Typical uses include metalworking, pottery and ceramic studios, film processing, photo finishing, printmaking, lithography, glass furnace, or woodworking.

D
"District" means a portion of the City within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are established for buildings, all as set forth and specified in this Chapter. "Drive Through Uses" means any component or part of a building or structure which attracts or invites persons in motor vehicles to drive their vehicles upon the premises, and which is used to conduct business or used for the purpose of selling merchandise from the inside of said building to the occupants of motor vehicles. "Dry-Cleaning Plant" means an establishment providing onsite, high-volume laundry and garment cleaning services, typically with the use of volatile solvents, including dry cleaning and garment pressing, diaper services, commercial laundries, and linen supply services. These facilities may include incidental onsite customer pick-up services.
"Dwelling" means a building or portion thereof designed exclusively for residential occupancy, including single-family, two-family and multiple-family dwellings, but not including hotels.

Dwelling, Group. "Group dwelling" means one (1) or more dwellings, other than a tourist court, arranged around two (2) or three (3) sides of a court, which opens onto a street, or a place approved by the commission, including single-family, two-family or multiple-family dwellings and court apartments. Group dwelling include homeless shelters and transitional housing.

Dwelling, Multiple-Family. "Multiple-family dwelling" means a building or portion thereof, designed for occupancy by three (3) or more families living independently of each other.

Dwelling, Single-Family. "Single-family dwelling" means a detached building designed exclusively for occupancy by one (1) family for living purposes and having only one (1) kitchen.

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Dwelling, Two-Family. "Two-family dwelling" means a building designed exclusively for occupancy by two (2) families living independently of each other.
"Dwelling Unit" means a habitable room or group of habitable rooms (e.g., living room, bedroom, den, library, recreation, studio, etc.) designed for occupancy by one (1) or more persons living as a family or single household unit with common interior access to all living, kitchen and bathroom areas. No dwelling unit may have more than one (1) kitchen.

E
"EcoPass" means a program offered by the Valley Transportation Agency (VTA) in which employers or property owners purchase annual EcoPass stickers that allow their employees, tenants or residents to ride all VTA bus and light rail vehicles at no cost. "Educational Institution" means a college or university giving general academic instruction equivalent to the standards prescribed by the State Board of Education. "Electronic Smoking Device" means an electronic and/or battery-operated device, the use of which may resemble smoking that can be used to deliver an inhaled dose of nicotine or other substances. "Electronic Smoking Device" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, vaporizer or any other product name or descriptor.
"Elevation" means:

1. A scale drawing of the front, rear or side of a building or structure; or

2. A vertical distance above or below a fixed reference level.

Emergency Cache, Community. "Community emergency cache" means a collection of disaster response supplies approved by the City's Office of Emergency Services that would benefit the surrounding community. "Emergency Shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay as set forth in the California Health and Safety Code Section 50801(e), as may be amended.
"Erosion" means the wear and removal of the material in the earth's crust from one site and the deposition at another.
"Extended Stay Hotel" means a commercial establishment providing lodging for a fee for guests, generally marketed to long-term visitors on a temporary basis, which contain furnishings and facilities for sleeping, bathing, food preparation and cooking, Kitchen facilities within individual units may include, but are not limited to, counters, refrigerators, stoves, and ovens.

F
"Family" means an individual, or two (2) or more persons related by blood or marriage or legal adoption or joined through a judicial or administrative order of placement or guardianship, or unrelated persons who function together as a single household unit.
"Family Child Care Homes" means a home in which care, protection, and supervision of fourteen (14) or fewer children is regularly provided, in the caregiver's own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away. Such homes are licensed by the State of California and include the following:

1. "Large family child care home" means a home in which family child care is provided to nine (9) to fourteen (14) children, including children under the age of ten (10) who reside at the home.

2. "Small family child care home" means a home in which family day care is provided to eight (8) or fewer children, including children under the age of ten (10) who reside at the home. 8 | Milpitas New Zoning Districts | Public Draft
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"Farmers' Market" means an event offering for sale produce, food items, and related goods and merchandise by certified growers authorized to sell, directly to consumers, products that are produced on land the producer controls or taken in consignment from other producers. Excludes flea markets. "Floor Area Ratio (FAR)" is defined for nonresidential Zoning Districts as the maximum permitted ratio of gross floor area to site area and is calculated as follows:

FAR = Total of Gross Floor Area for All Structures on Site Site Area

"Frontage" means all the property fronting on one side of a street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of dead-end street, or city boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.

G
Garage, Private. "Private garage" means a detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the premises.

Garage, Public. "Public garage" means a building, other than a private garage, used for the care, repair, or equipment of automobiles, or where such vehicles are parked or stored for remuneration, hire or sale.

Game Machine, Mechanical or Electronic. "Mechanical or electronic game machine" means any machine, apparatus, contrivance, appliance, or device which may be operated or played upon the placing or depositing therein of any coin, check, slug, ball, token, or any other article or device, or by paying therefore either in advance or after use, involving in its use either skill or chance, including, but not limited to tape machine, card machine, pinball machine, bowling game machine, shuffleboard machine, marble game machine, horse racing machine, basketball game machine, baseball game machine, football game machine, electronic video game or any other similar machine or device, exclusive of food, beverage and tobacco vending machine.

Grade, Finished. "Finished grade" means the final elevation of the ground surface after development, as shown on a precise Grading Plan.
"Grocery Store" means any premises wherein any of the following are exposed, offered for sale, or sold by retail: fresh fruits; fresh vegetables; bakery; meat; poultry, or fish products; frozen foods; and processed and pre- packaged food.
"Grocery Store, Small" means any premises less than 15,000 gross square feet in area wherein any of the following are exposed, offered for sale, or sold by retail: fresh fruits; fresh vegetables; bakery; meat; poultry, or fish products; frozen foods; and processed and pre-packaged food. "Gross Acreage" means the total area within the boundaries of a legal lot or parcel, including any area proposed to be dedicated or reserved for public right-of-way. Adjacent lands already dedicated for public right-of- way, including public roadways, easements or other areas, shall not be included as part of the gross acreage. "Gross Floor Area" means the total of all floors measured from the interior faces of the building, but not including areas for parking, basements, shaft enclosures, or unroofed inner courts unless any outdoor areas are used for retail purposes.
“Group Living Accommodations” means a building or portion of a building designed for or accommodating a residential use by persons not living together as a household. This use includes dormitories, convents and monasteries, and other types of organizational housing. This use does not include residential care facilities, nursing homes, hotels, single room occupancy residences, or boarding houses. Group living accommodations typically provide shared living quarters without separate kitchen or bathroom facilities for each room or unit.

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"Guest House Accessory Building" means a one accessory structure, used for the accommodation of guests.

Said guest house shall not contain any kitchen or cooking facilities but may contain one (1) bedroom, one (1) living area and one (1) bathroom, and shall be limited in floor area to a maximum of twenty (20%) percent of the total floor area of the main residence.

H
"Habitable Space" means a room designed for living, sleeping, eating or food preparation, including but not limited to a den, study, library, home office, sewing room or recreational room and excluding such areas as garages.
“Hazardous Material” means a material identified as hazardous by California Health and Safety Code Section 25502(n).
"Head/Smoke/Tobacco Shop" means a retail establishment primarily engaged in the selling of smoking and tobacco products and accessories, and other products, devices and components reasonably assumed to be used for smoking and/or the inhalation or ingestion of any substances. Tobacco products may include but are not limited to cigarettes, cigars, loose leaf tobacco, tobacco pipes, Electronic Smoking Devices and accessories, vaporizers and accessories and any other product, device or component used in the inhalation of tobacco, nicotine or other substance. For the purposes of this definition only, "primarily engaged" means when thirty percent (30%) or more of products sold at the retail establishment are smoking and tobacco products and accessories, and other products, devices and components reasonably assumed to be used for smoking and/or the inhalation or ingestion of any substance.
"Home Occupation" means a business enterprise conducted within a dwelling by the residents of the dwelling and which is incidental and secondary to the use the dwelling for residential purposes. "Hospital" means an institution that maintains and operates facilities for primarily inpatient medical care, including x-ray, laboratory and surgical, for the diagnosis, care and treatment of human illness, injury and disease (physical or mental).
"Hotel" means a commercial establishment providing lodging accommodations for a fee for transient guests, generally for stays of 30 days or less, with access to rooms or units primarily from interior lobbies, courts or halls. A hotel may include limited facilities for storage and preparation of food and beverages within individual rooms, such as coffee makers, mini refrigerators and microwave ovens.

I
"Individual Violation" means a noncontinuous condition or occurrence in violation, infringement or breach of a provision of this chapter that does not exceed twenty-four (24) hours in duration. An Individual Violation may be recurrent. Examples of "Individual Violations" for the purposes of this Chapter include, but are not limited to, the illegal outdoor storage of materials, entertainment events, or outdoor seating in violation of a use permit. "Instruction, group and private" means the provision of instructional services, including but not limited to photography, fine arts, crafts, dance or music studios, driving schools, diet centers, yoga, martial arts studios, after school programs or similar uses. This definition does not include instruction received through trade or vocational schools nor a post-secondary school or child care centers. Private instruction includes fewer than six (6) students or clients at any one time and group instruction includes six (6) or more students or clients at any one time. "Intensity" means the degree to which land is used, measured by a combination of the type of land used and the amount of land or floor area devoted to that use.
"Intensification of Use" means to alter the character of a use to the extent that the use generates new or different impacts on the health, safety, or welfare of the surrounding neighborhood, including but not limited to the level or amount of traffic, noise, light, smoke, odor, vibration, outdoor storage, or other similar conditions associated with the use.

J
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"Junk Yard" means the use of more than one hundred (100) square feet of the area of any lot for the storage of junk, including scrap materials and metals, or wrecked vehicles and machinery, whether or not sale of such junk is made or proposed.

K
"Kennel" means any lot or premises on which four (4) or more dogs, more than four (4) months of age, are kept.
"Kitchen (for residential uses)" means a residential kitchen shall be enclosed and interior to the dwelling unit utilized for the preparation of food and include two (2) or more of each of the following:

1. A sink (typically larger than 14 ʺ × 17ʺ);

2. A full size refrigerator (typically larger than 24ʺ × 64ʺ);

3. A 220-V electrical service outlet (typically used for major cooking appliances such as a stove, oven or cooking range).

L
"Laundromat" means a primarily self-service facility where customers wash and dry clothing and other textiles in on-site machines, and where ancillary full-service laundry services may also be offered. "Live-Work Unit" means a dwelling unit with a separate living space attached to a work space within the same unit. The work space and the living space must be occupied by the same tenant. Live-work uses allow one non-residential employee, more customers, and a broader range of uses than permitted in Home Occupations. See XI-10-13.12 within Special Uses for Live-Work Unit purpose, intent, and regulations.

Uses permitted or conditionally permitted within the underlining zoning district apply unless otherwise prohibited in Section 10-13.12(E). Additional uses covered by this designation include, but are not limited to:

Art and craft work;
Offices, Business and Professional;
Artists and artisans;
Fashion.
"Loading Area" means an open area, other than a street or alley, used for the loading or unloading of vehicles.
"Loading Space" means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials, and which abuts upon a street or other appropriate means of access. "Lot" means land occupied or to be occupied by a building, or unit group of buildings, and accessory buildings, together with such yards and lot area as are required by this Chapter and having its principal frontage upon a street or a place approved by the Commission.

1. "Corner lot" means a lot, or portion thereof, not greater than seventy-five (75) feet in width and situated at the intersection of two (2) or more streets.

2. "Flag lot" means a lot having access or an easement to a public or private street by a narrow, private right-of-way.

3. "Interior lot" means a lot other than a corner lot.

4. "Key lot" means a lot with a side line that abuts the rear line of any one (1) or more adjoining lots.

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5. "Reversed corner lot" means a corner lot the street line of which is substantially a continuation of the front line of the lot to its rear.

6. "Through lot" means a lot having frontage on two (2) paralleled or approximately paralleled streets. "Lot Dimensions."

1. "Lot Area" means the total horizontal area within the lot lines of a lot.

2. "Lot Depth" means the horizontal distance between the front and rear lot lines, measured along the median between the two (2) side lot lines.

3. "Lot Lines" means the lines bounding a lot as defined herein. a. In the case of an irregular shaped lot or a lot with more than four (4) sides where there is question as to which are the front, side, and rear property lines in order to determine setbacks and required yards, there shall be at a minimum of one (1) front property line and one (1) rear property line. The rear property line shall be the lot line directly parallel to the front property line and of a width of at least thirty (30) feet in length. If no such lot line exists, the Director of Planning shall make the final determination as to the rear property line of such lot.

4. "Lot Width" means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

M
"ManufactureManufacturing" means the preparation, making, treatment, or processing of articles as merchandise.
"Massage Establishment" means any establishment having a fixed place of business where any person, firm, association, partnership, corporation or other entity engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on, any massage for compensation. For the purpose of this Chapter, the term "massage establishment" shall also include, but not be limited to, any business providing off-premises massage services. "Massage Establishment, Accessory" means an establishment that provides massage which is incidental to the primary business, where the owner of the primary business is responsible for the massage services and conduct of the massage technician(s) employed at the location. "Medical and Dental Offices" means a building or place where (a) member(s) of the medical profession, dentists, chiropractors, osteopaths, acupuncturists, and physicians or occupational therapists provide diagnosis and treatment to the general public without overnight accommodation and shall include such uses as reception areas, offices, consultation rooms, pharmacy and x-ray providing that all such uses have access only from the interior of the building or structure.
"Medical and Dental Clinics" means the same as Medical and Dental Offices, except they also include minor operating rooms and out-patient surgery with no overnight stay. "Medical Support Laboratory" means a facility for scientific laboratory analysis of medical resources. The analysis is generally performed for an outside customer, to support the work of that customer. "Micromobility Device" means a small, lightweight vehicle operating at a speed typically below 15 miles per hour and driven by the individual user, such as bicycles, e-bikes, and electric scooters. "Mixed Use Development" means a development that consists of vertical or horizontal combination of residential and commercial uses within a single building or site. “Mobile Fueling” means a commercial service that offers on-demand fueling of motor vehicles at a specified location instead of at a service station. Mobile fueling may be provided to individual customers via the use of a mobile app, with fuel delivered to a home, office, or other location requested by the customer. Mobile fueling may also be provided for operators of fleet vehicles at a fixed, semi-permanent or permanent location. 12 | Milpitas New Zoning Districts | Public Draft
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"Mobile Home" means a transportable structure designed to be used as a dwelling unit when connected to required utilities.
"Mobile Home Accessory Building or Structure" means any awning, portable, demountable or permanent cabana, ramada, storage cabinet, carport, fence, windbreak or porch established for the use of the occupant of the mobile home.
"Mobile Home Lot" means a portion of mobile home park designated or used for the occupancy of one mobile home.
"Mobile Home Park" means any areas or tract of land where mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation. "Mobile Home Stand" means the area on which the mobile home is placed when it is stationed on the lot, including the land lying under the mobile home.
"Mobile Recycling Unit" means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles or bins, boxes or containers transported by a truck, van or trailer, and used for the collection of recyclable materials.
"Motel" means a building or group of attached or detached buildings providing lodging accommodations for a fee for transient guests, generally for stays of 30 days or less, with access to each room or unit through an exterior door. Motels are distinguished from hotels primarily in that the former provide direct independent access to, and adjoining parking for, guest rooms and do not provide 24-hour guest services.

N
"Natural Land Slope" means the average slope of the lot in percent, determined by observation on simple slopes, or more precisely by the formula:

S = 100 I L A
Where:

I is the contour interval in feet;
L is the combined length of the contour lines in scale feet; and A is the net area of the lot in square feet.
"Nonconforming Building" means a building or structure or portion thereof lawfully existing at the time this Chapter became effective, which was designed, erected or structurally altered, for a use that does not conform to the use regulations of the district in which it is located. A nonconforming building shall also mean any building or structure built in compliance with all city land use and zoning laws in existence at the time and which does not comply with current development standards, including but not limited to height, setbacks, floor area ratio, maximum lot coverage, maximum size of residence, front yard paving and impervious surface coverage. "Nonconforming Use" means a use which lawfully occupied a building or land at the time this Chapter became effective and which does not conform to the use regulations of the district in which it is located.

O
"Occupation" means a principal business, profession or vocation in which one is regularly and habitually engaged for the purpose of compensation for a livelihood. "Offices, Business and Professional" means offices of firms or organizations providing professional, management, or administrative services, including but not limited to:

Accounting;
Architectural;
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Business accounting, architectural, business and management consulting; Computer, computer and technology;
Engineering; Insurance;
Insurance;
Interior, engineering, insurance, interior design;
Graphic, graphic design;
Real, real estate;
Title, title companies;
Legal, and legal services
. This classification doesincludes co-working spaces designed to accommodate different organizations that provide such services. Does not include medical and dental offices, which have a separate definition. or financial institutions such as retail and commercial banks.
"Open-Air Business" means drive-in business where persons are served in automobiles. "Outdoor Music" means live music, both acoustic and amplified, including live individual musicians, bands, and disc jockeys (DJs), but not including karaoke, that takes place on a patio or other outdoor space. Outdoor music as defined and regulated in this Chapter shall also include recorded background music played outdoors at a public establishment such as a restaurant, bar, retail store, or other business. "Owner/Occupant" means any person owning property, as shown on the last equalized assessment roll for City taxes, or the lessee tenant, or other person having control or possession of the property.

P
"Parcel" shall mean a legal lot of record.
"Parcel Hub" means a “last mile” facility or similar establishment for the processing and/or redistribution of parcels or products to end-user customers. A Parcel hub’s primary function is moving a shipment from one mode of transport to vehicles with rated capacities less than 10,000 pounds, for delivery directly to consumers or end- users primarily within a ten-mile radius.

Parking Area, Private. "Private parking area" means an open area, other than a street or alley, used for the parking of the automobiles of occupants of a building.

Parking Area, Public. "Public parking area" means an open area, other than a private parking area, street or alley, used for the parking of automobiles and available for public or quasi-public use.

Parking Space, Automobile. "Automobile parking space" means a space within a building or a private or public parking area for the parking of one (1) automobile. "Parking Structure" means a structure or portion thereof composed of one or more levels or floors used exclusively for the parking or storage of motor vehicles. A parking structure may be totally below grade (as in an underground parking garage) or either partially or totally above grade with those levels being either open or enclosed.
"Patio Cover" means a one-story structure, not exceeding twelve (12) feet in height and open on one (1) or more sides (provided, however, that the open sides may be closed with insect or plastic screening that is permeable material and not in any manner that would obstruct the free passage of light or air) used for recreational, outdoor living purposes only and not as carports, storage rooms or habitable rooms. "Person" means a natural person, his heirs, executors, administrators, or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid. 14 | Milpitas New Zoning Districts | Public Draft
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"Personal Services" means a commercial establishment which provides services of a personal or aesthetic nature directly to consumers, including but not limited to:

1. Beauty salons and barber shops;

2. Nail salons;

3. Tanning salons;

4. Hair removal salons;

5. Tattoo studios;

6. Body piercing studios.
"Place" means an open, unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.
"Places of Assembly." See "Assembly"
"Private Recreational Areas" means any usable open space or recreational facility available for use by all of the site's residents.
"Property" means all real property and fixtures, including, but not limited to, parking lots, sidewalks, gutters, driveways, walkways and any building and structure located on such property. "Public Right-of-Way" as defined in Section V-500-1.13 of the Milpitas Municipal Code, shall mean the full width of the right-of-way of any street or bicycle pathway, as defined in the California Vehicle Code used by the general public, whether or not such street or path has been accepted as and declared to be part of the City system of streets and paths, including streets forming a part of the State Highway System. "Public right-of-way" also includes easements where the City is the grantee of the easement and property owned by the City of Milpitas or the Milpitas Redevelopment Agency and any public park, trail, or right-of-way within the City of Milpitas. "Public Safety Use" means facilities for public safety or emergency services, including police and fire protection.
"Public Service Use" means facilities owned and operated by governmental agencies that provide services to the general public, including but not limited to federal, state and municipal administration buildings, courthouses, and post offices.
"Public Use" means a use intended to serve the whole city and/or region and operated by a public institution or entity. Such uses have the purpose primarily of serving the general public and include public schools, recreational facilities, government housing, government clinics, and the like. "Public Utilities" means facilities for the production, storage, treatment, transmission and/or distribution of electricity, natural gas, water, wastewater, and telecommunications and other similar essential services. Also includes service facilities, electric transmission and distribution substations and public utility service centers.

Q
"Quasi-Public Use" means a use intended to serve the whole city and/or region and are operated by a private, nonprofit, educational, religious, recreational, or charitable, and having the purpose primarily of serving the general public. Such uses include religious facilities, private schools, community theaters, community and club organizations, private hospitals, places of assembly and the like. r
R
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"Recreation or Entertainment Facility" means a commercial establishment (indoors or outdoors) where patrons can actively participate in entertainment or recreation activities either independently or in conjunction with other uses.
"Recyclable Material" means reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form.

Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with the California Health and Safety Code. "Recyclable Processing Facility" means a building or space used for the collection and processing of recyclable materials. Processing means the preparation of material for shipment by such means as baling, briquetting, compacting, flattening, grinding, crushing, sorting, shredding, cleaning and remanufacturing. "Repair and Cleaning, Small Items" means a commercial establishment that performs cleaning, repair, and alteration of small consumer and household items, such as laundromats (self-service laundries), dry cleaning pick- up stores (where cleaning is done off-site), tailors, shoe repair shops, jewelry and watch repair shops, and locksmiths. Excludes dry-cleaning plants, business equipment and computer repair, heavy equipment and machinery repair, repair and servicing of large and bulky household items such as appliances and furniture, or vehicle repair.
"Research and Development (R and D) Uses" means oneindustrial or more buildings which feature a combination of offices, manufacturing, assembly, warehousing, distribution, laboratoriesscientific research for the design, development, engineering and testing of high technology, clean rooms,technology, industrial, or scientific products. Research and ancillarydevelopment uses suchmay include limited manufacturing as cafeterias and employee fitnessnecessary for the production of prototypes, but exclude the full-scale manufacturing of final products.
"Residential Care Facility" means a facility licensed by the State of California to provide living accommodations, 24-hour care for persons requiring personal services, supervision, protection, or assistance for sustaining the activities of daily living for more than six individuals. Living accommodations are group homes or shared living quarters with or without separate kitchen or bathroom facilities. for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions. "Restaurant" means an establishment in which the principal use is the preparation and sale of food and non- alcoholic beverages. If approved, the service of alcoholic beverages is incidental to the principal use.

1. "Drive-in" means a restaurant that delivers prepared food and/or beverages to customers in motor vehicles, regardless of whether or not it also serves prepared food and/or beverages to customers who are not in motor vehicles, for consumption either on or off the premises.

2. "Drive-thru" means a restaurant which includes one (1) or more drive-through lanes for the ordering and receipt of foods and/or beverages by patrons remaining in their vehicles.

3. "Fast-food" means a restaurant that offers quick food service, which is accomplished through a limited menu of items already prepared and held for service, or prepared. Orders are generally not taken at the customer's table, and food is generally served for consumption either on or off the premises. For the purposes of parking requirements, the ordering or take-out area is defined as the counter and the area between the counter and the main entry to the establishment.

4. "Take-out" means a restaurant where foods and/or beverages are sold directly to the customer in a ready-to-consume state for consumption off site with no seats onsite. For the purposes of parking requirements, the ordering or take-out area is defined as the counter and the area between the counter and the main entry to the establishment.
"Retail, Limited" means an establishment which offers the sale of a limited line of merchandise that is generally necessary or desirable for everyday living or everyday business activities. Examples include small grocery stores offering primarily prepared or pre-packaged food and beverage items, small drugstores and variety stores, 16 | Milpitas New Zoning Districts | Public Draft
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small stationery, office supply stores, shops selling other small household goods, and walk-out retail stores. This classification excludes convenience stores.
"Retail Stores, General Merchandise" means retail trade establishments selling lines of merchandise. This classification excludes convenience stores. Examples of general retail stores and lines of merchandise include but are not limited to:

1. Art supply;

2. Antiques;

3. Bakeries (retail only);

4. Bicycles;

5. Books;

6. Candy
stores;

7. Clothing and accessories;

8. Collectables;

9. Fabrics and sewing supplies;

10. Floral;

11. Gifts (novelties and souvenirs
);

12. Hobby materials;

13. Jewelry;

14. Luggage and leather goods;

15. Music stores;

16. Office supplies and stationery;

17. Sporting goods and equipment;

18. Toys and games;

19. Tuxedo and formalwear rental;

20. Variety stores;

21. Video rentals and sales.
"Retail Stores, General Merchandise" means retail trade establishments selling lines of merchandise. Examples of general retail stores and lines of merchandise include but are not limited to:

1. Art supply;

2. Antiques;

3. Bakeries (retail only);

4. Bicycles;

5. Books;

6. Candy stores;

7. Clothing and accessories;

8. Collectables;
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9. Fabrics and sewing supplies;

10. Floral;

11. Gifts (novelties and souvenirs);

12. Hobby materials;

13. Jewelry;

14. Luggage and leather goods;

15. Music stores;

16. Office supplies and stationery;

17. Sporting goods and equipment;

18. Toys and games;

17. Sporting goods and equipment;

18. Toys and games;

19. Tuxedo and formalwear rental;

20. Variety stores;

21. Video rentals and sales.
"Reverse Vending Machine" means an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to aluminum cans, glass and plastic containers, and issues a cash refund or a redeemable credit slip. A reverse vending machine sorts, and processes containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.

A bulk reverse vending machine is a reserve vending machine that is larger than fifty (50) square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container.

S
"Satellite Dish Antenna or Satellite Antenna" means any device incorporating a reflective surface that is solid, open mesh or bar configured to form a shallow dish, cone, horn or cornucopia used to transmit and/or receive electromagnetic signals. This definition includes antennas that are sometimes called "SES," "TVRO," "TVBS," and "DBS."
"School: Elementary, Middle, or High" means an institution which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California. "School, trade and vocational" means an establishment where training is received to learn a particular trade or craft that involves skilled labor. Trades and crafts include but are not limited to the various construction trades, auto mechanics, machining, HVAC installation/repair/maintenance and similar trades and crafts. "Service Station" means any premises used for supplying gasoline and oil at retail, direct to the customer, including minor accessories and services for automobiles, but not including automobile repairs.

Setback. See "Yard."
“Self-Storage or Mini-Storage” means the storage, generally of furniture and/or other household items, in small individual units (typically 400 square feet or less) that are available for rental by the general public. 18 | Milpitas New Zoning Districts | Public Draft
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"Short-Term Rental Unit" or "Short-Term Rental" or "STR" means the use of a dwelling unit, including, without limitation, a single-family, two-family, or multiple-family dwelling unit, mobile home, or any portion of such dwellings, rented for occupancy for dwelling, lodging, or sleeping purposes for a period of 30 or fewer calendar days, counting portions of days as full calendar days.

Signs. For purposes of Section XI-10-24, Sign Regulations, of this Chapter, the following definitions shall apply:

1. "Abandoned Signs" means any sign used for advertising or other purposes where the business it advertised or the use or event it supported has ceased operation for or occurred more than ninety (90) days prior to the sign's posting.

2. "Abate" means to repair, replace, remove, destroy, or otherwise remedy the condition in violation of this Chapter.

3. "A-Frame Sign" means and includes a sign that is portable, is capable of standing without support or attachment, and folds open in the form of an "A" or "sandwich-board".

4. "Ancillary services sign" means a sign displaying ancillary services such as smog services, lotto, or that represent trade affiliations, such as credit card services, or other similar services and not for the purpose of displaying products being sold.

5. "Approved Plastics" means those materials specified in the U.B.C. Standard No. 52-1 which have a flame spread rating of 225 or less and a smoke density not greater than that obtained from the burning of untreated wood under similar conditions when tested in accordance with U.B.C. Standard No. 42-1 in the way intended for use. The products of combustion shall be no more toxic than the burning of untreated wood under similar conditions.

6. "Architectural Sign" means and includes a sign used for advertising purposes which constitutes an integral part of a roof or marquee and is designed with an intent and purpose to relate to the architectural style of the main building.

7. "Area Identification Sign" means and includes a permanent sign which serves to identify an area.

8. "Awning sign" means any sign or graphic attached to, painted on or applied to an awning or canopy.

9. "Balloon Sign" means and includes any large [over three (3) cubic feet in size] inflatable hot/cold air or helium balloon that is used as an advertising device for any business or promotional event.

10. "Banner Sign" means and includes a temporary sign composed of lightweight, flexible, non-rigid material either enclosed or not enclosed in a rigid frame.

11. "Blade Sign" means a pedestrian oriented sign, adjacent to a pedestrian walkway or sidewalk, attached to a building wall, marquee, awning, or arcade with the exposed face of the sign in a plane that is perpendicular to the plane of the building wall.

12. "Building Perimeter" means the total exterior wall length for any and all buildings intended for human occupancy, as measured at the ground elevation. No second story or subsequent upper story areas shall be considered as a part of this calculation.

13. Canopy Sign. See awning sign.

14. "City Identification Sign" means and includes a sign placed at the point of entry to the City of Milpitas for the purpose of informing a person that they are entering the City of Milpitas.

15. "Construction Sign" means and includes a sign placed on the property where site work, building construction and/or a tenant improvement within an existing building is in progress. The sign may denote that a business will be opening soon, the opening date, names of the architect, engineer, contractor, future business and lending agency.

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16. "Directional Sign" means a sign which guides and directs motorists to a specified destination in the most direct manner possible.

17. "Display Surface" means the area made available by the sign structure of building surface for the purpose of displaying the advertising message.

18. "Electric Sign" means any sign containing electrical wiring, but not including signs illuminated by an exterior light source.

19. "Erect" means to build, construct, attach, hang, place, suspend or affix.

20. "Exposed raceway" means an enclosure or conduit that is used to conceal wiring for a lighted sign and is visible from any elevation, typically located between the sign and the building to which the sign is attached.

21. "Flag" means a visual device with no commercial copy, usually rectangular in shape and made of a cloth material suspended by, or attached to, a pole or post and may be raised or lowered.

22. "Flag sign" means a visual display device with commercial copy, usually rectangular in shape and made of a cloth material suspended by, or attached to, a post, or pole and may be raised and lowered.

23. "Freestanding Sign" means a sign which is supported by one or more uprights, poles, or braces in or upon the ground, or partially supported and attached to any building, other structure, or foundation on the ground.

24. "Garage Sale Sign" means a sign used primarily for the purpose of advertising a "garage sale" and/or "yard sale" at a residence.

25. "Grand Opening Sign" means and includes banners, pennants, flags, balloons, and similar advertising devices when used only for bona fide grand-opening functions, new ownership, name change, or the reopening of a business that has completely closed for remodeling for at least two weeks.

26. Graphic Panel, Freestanding. Freestanding graphic panel means a freestanding sign located within five feet of the main building wall, which relates to the architecture of the building and depends primarily on a graphic image for delivering its advertising message. Graphic panels do not count as freestanding signs. The display area on graphic panels counts towards overall sign area.

27. "Impact Resistive Plastic" means any plastic material capable of resisting fifty (50) foot pounds of force as tested in accordance with ANSI/UL 972 Multiple Impact Test or any similar test procedure.

28. "Information Sign" means and includes signs providing courtesy information, or direction to the public without advertising the business products, or services such as hours, entrance, exit, self-serve, credit cards, restrooms, telephone drive-up, or which serves to direct motorist and pedestrians on private property.

29. "Joint Use Sign" means and includes a freestanding sign for a commercial district under multiple ownerships where freestanding signs for each parcel for which signage is desired is infeasible. The commercial district shall be characterized by close proximity of the businesses and small parcel size. A common parking field and common vehicular circulation are encouraged.

30. "Logo" means a trademark, or symbol of an organization which is registered with the federal or State government and consistently used in conducting the business activities of said organization.

31. "Marquee" means a permanent roofed structure, attached to, and support by the building and projecting beyond the main building.

32. "Multi-use Structures" mean
s any commercial, industrial, quasi-public, or agricultural farm products sales use, containing five or more stores, or businesses on a single parcel of land. 20 | Milpitas New Zoning Districts | Public Draft
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33. "Mural" means a display, or illustration painted on a building, or wall within a public view not intended to advertise a product, service, or business, and therefore is not considered a sign.

34. "Mural sign" means a display, or illustration painted on a building, or wall intended to advertise a product, service, or business.

35. "Noncombustible Material" means any material which will not ignite at, or below a temperature of one thousand two hundred (1,200) degrees during an exposure of five (5) minutes, and which will not continue to burn or glow at that temperature. Tests shall be made as specified in U.B.C. Standard No. 4-1.

36. "Nonstructural Trim" means the molding, battens, capping, nailing strips, latticing, cutout, or letters and walkways which are attached to the sign structure.

37. "Off-site Advertising Display" means any sign that advertises, or informs about a business organization, event, goods, products, services, or uses not available on the property upon which the sign is located.

The term "Off-site Advertising Sign" does not include Joint Use Sign, Temporary Tract Advertising Signs for subdivisions under construction in the City, Open House Directional Signs, Garage Sale Signs, Off-site Public Information Signs, off-site directional signs for purposes of identifying regional shopping centers, and Temporary Tract Advertising Signs.

38. "Off-site Directional Sign" means any sign that provides direction to retail, community, and cultural events not available on the property upon which the sign is located.

The term "Off-site Directional Sign" does not include Garage Sale Signs, Joint Use Signs, Official City or City- sponsored signs, Off-site Directional Signs identifying regional shopping centers, Off-site Public Information Signs, Open House Directional Signs, and Temporary Tract Advertising Signs.

39. "Off-site Public Information Sign" means a sign that is placed proximate to a major city entry on privately owned property that is used to provide non-advertising information and/or identification symbols or plaques to the public for civic organizations, service clubs or other quasi-public uses and is erected within the public right-of-way.

40. "Open House Directional Sign" means a sign, no larger than six (6) square feet in sign area per side, used primarily for the purpose of directing traffic to a house being offered for sale or lease.

41. "Other Advertising Structure" means any device erected or used for the same purpose as a sign, whether erected, or used:
a. Exclusively for advertising purposes, upon which any poster bill, printing, painting device, or other advertisement or identification of any kind whatsoever may be placed, posted, painted, fastened, or affixed.
b. Exclusively for advertising purpo ses and including any spectacle, display or advertising statuary.

42. "Permanent Sign" means every sign except temporary sign as defined herein.

43. "Political Sign" means a sign which is designated to influence the action of the voters, and election, or defeat of a candidate for the nomination, or election to any public office, or a measure appearing on the ballot at any national, state, district, or local election.

44. "Portable" means an object that is capable of being borne or carried, easily transported, or conveyed without difficulty.

45. "Portable Sign" means and includes a sign that is portable and capable of being borne, or carried, easily transported, or conveyed without difficulty, is capable of standing without support or attachment, is unattached to any structure, and is used for advertising purposes.

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46. "Projection" means the distance by which a sign extends over public property or beyond the building line.

47. "Projecting Sign" means a sign other than a wall sign which projects from, and is supported by a wall of a building or structure.

48. "Public Information Sign" means a sign erected for the sole purpose of displaying advertising for community activities and/or identification symbols or plaques for civic organizations or service clubs.

49. "Public Street Frontage" means a publicly owned street immediately adjacent to the parcel, for purposes of sign area and height calculations. Public streets for which the parcel does not have access rights are not included for purposes of any sign calculations.

50. Raceway. See "exposed raceway."

51. "Regional Shopping Center" means any commercial development on one (1) or more parcels of land which are contiguous, or across from a right-of-way which contains a gross land area of at least thirty (30) acres or a gross building area of at least 200,000 square feet. Current regional shopping centers are McCarthy Ranch Marketplace, the Town Center shopping center, and the Great Mall and its out- parcels zoned General Commercial.

52. "Roof Sign" means a sign erected upon or above a roof or a part of a parapet of a building or structure.

53. "Scoreboard Sign" means a sign located on scoreboard structures located in an adult or youth outdoor playing field on public property and shall be for products or businesses available to persons of all ages.

54. "Shopping Center" means any commercial development containing five (5) or more stores or businesses on one (1) or more parcels of land operating as an integrated use and having a gross parcel area of five (5) or more acres.

55. "Shopping Center Identification Sign" means a sign located on the site of a shopping center or regional shopping center that states the name of the shopping center or regional shopping center.

56. "Sign" means every announcement, declaration, demonstration, display, illustration insignia, surface, or space when erected or maintained out of doors in view of the general public for identification, advertisement or promotion of the interests of any person.

57. "Sign Area" means the area of a sign to be calculated that includes all lettering, wording, and accompanying designs or symbols, together with any background of a different material or color than the remainder of the wall of the building to which is affixed or upon which it is painted. In the case of a freestanding sign, the supports or uprights on which any sign is supported should not be included in determining the sign area unless such supports or uprights are designed in a manner as to form an integral background of the sign.

Where the sign consists of individual letters or symbols, the area shall be considered to be that of the smallest rectangle, circle, square, or triangle which can be drawn to encompass all of the letters. Provided however, that where such individual type letters or symbols are separated more than thirty-six (36) inches from each other, those letters or symbols shall be calculated separately.

If the sign has more than one (1) advertising surface, the sum of all the areas of all such surfaces shall be the area of the advertising surface of such sign except that, if two (2) surfaces on the same face in opposite directions (i.e., the relative angles between the directions they face is one hundred eighty (180) degrees) and the distance between such two (2) surfaces is not more than twenty-four (24) inches, then the area of only one of the two surfaces (the largest if they are not equal) shall be included in the computation.

58. "Sign Program" means a specific set of design standards established for the purpose of unifying a variety of signs associated with a multitenant or multiuse project, building or complex of buildings. 22 | Milpitas New Zoning Districts | Public Draft
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59. "Sign Surface" means the surface of the sign upon, against or through which the message is displayed or illustrated.

60. "Snipe sign" means temporary or portable signs advertising events that are fastened to fences, trees, utility poles, or other structures or fixtures and also including signs on sticks stuck in the ground and usually found off-site. These do not include real estate, political or open house signs.

61. "Statuary Sign" means statuary used for advertising purposes or representing the logo of a business.

62. "Temporary Sign" means any sign, banner, flag, valance, pennant, streamer, whirligig or advertising display, constructed of cloth, canvas, fabric, cardboard, plywood or other light material with or without a frame, whether attached or portable, and designed or intended to be displayed for a short period of time.

63. "Temporary Promotional Sign" means any temporary Balloon Signs, banners, and similar advertising devices when used only for special promotional events.

64. "Temporary Tract Advertising Sign" means a uniformly designed sign which advertises a residential development.

65. "Vehicle-Mounted Sign" means a sign, used for the purpose of advertising, larger than three (3) feet by three (3) feet mounted on, attached to or capable of being borne or carried, easily transported or conveyed without difficulty by a vehicle, where that vehicle is parked on public or private property.

This definition does not include signs on delivery vehicles in the act of making a delivery or signs on vehicles parked on residential driveways or public streets.

66. "Wall Sign" means any sign painted on, attached to or erected against the wall of a building or structure.

67. "Window Sign" means any sign painted, attached, glued or otherwise affixed to the interior or exterior surfaces of a window or suspended or located within three (3) feet of the window for the primary purpose of being visible from the exterior of the building. "Single Household Unit" means the functional equivalent of a traditional family, whose members are a non- transient interactive group of persons jointly occupying a single dwelling unit, including the joint use of common areas which are not compartmentalized, such locked cabinets or doors. A single housekeeping unit shall be limited to one (1) kitchen and shall have permanent internal access to all rooms within the dwelling unit, except as provided for Accessory Dwelling Units.
"Single Room Occupancy (SRO) Residence" means a multi-tenant building consisting of single room dwelling units that are the primary residence of its occupants, containing either individual or shared kitchen and bathroom facilities. These units are small (generally less than 350 square feet), and provide a valuable source of affordable housing for individuals and can serve as an entry point into the housing market for formerly homeless people.

Slope. Same as "Natural Land Slope."
"Specific plan" means a detailed plan for the development of a specific area. Specific plans are a significant tool to implement the General Plan. A specific plan documents the proposed distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, parks and other essential facilities proposed to be located within or needed to support the land uses described in the plan, as well as implementation and financing methods and added benefits to the City as a whole.

Stable, Private. "Private stable" means a detached accessory building for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire or sale.

Stable, Public. "Public stable" means a stable other than a private stable. "Story" means that portion o
f a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and ceiling next above it.

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Story, Half. "Half story" means a story under a gable, hip or gambrel roof, the wall plates on which on at least two (2) opposite exterior walls are not more than four (4) feet above the floor of such story. "Street" means a permanently reserved thoroughfare which affords principal means of access to abutting property.
"Structure" means anything constructed or erected, which requires location on the ground or is attached to something having a location on the ground.
"Supportive Housing" means housing with no limit on length of stay, that is occupied by the target population as defined in Section 11302 of Title 42 of the United States Code, as may be amended, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community as defined in the California Health and Safety Code Section 50801(e), as may be amended.

T
"Thrift Store" means any profit or nonprofit business, organization, group or otherwise that engages in or specializes in the sale or resale of previously owned or used goods and merchandise from an area greater than 25 percent of the total floor area devoted to retail sales and whose goods and merchandise are donated or primarily donated. A specialty retail store that sells used goods or merchandise not donated for sale, including but not limited to used record stores, used book stores, used furniture stores, and sports trading card stores, shall not be considered a thrift store for the purpose of this Chapter. "Townhouses" means dwelling units that are attached at their sides in groups of three or more and are sited on individual lots with vehicular access from driveways. Private rear yards or patios and common open space may be part of a townhouse development.

Trailer, Automobile. "Automobile trailer" means a vehicle without motive power designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons and property, including a trailer coach or house trailer.
"Transitional Housing" means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months as defined in the California Health and Safety Code Section 50801(e), as may be amended. "Tri-laminate Asphalt Composition" means an asphalt composition roof material that is comprised of three layers of tile adhered together to create one shingle and when installed overlap with another row of three-layered tile for a total minimum thickness of ⅞ inches.
"Tutoring Centers" means facilities offering academic instruction to individuals or groups in a classroom setting.
"Two-unit Project" means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot.

U
"Unreasonable Period of Time" means not less than thirty (30) calendar days following notification by the City to the owner/occupant pursuant to this Chapter that the property is in violation of this Chapter. The City Manager, upon a finding that the violation in question constitutes a threat to the health and safety of any person may designate a time period of thirty (30) calendar days or less upon notice to the owner/occupant to abate the nuisance. Prior notice shall not be required for summary abatement pursuant to this Chapter. "Urban Lot Split" means the subdivision of an existing, legally subdivided lot into two lots. 24 | Milpitas New Zoning Districts | Public Draft
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"Usable Open Space" means any open space, the smallest dimension of which is at least six (6) feet and which is not used as storage or for movement of motor vehicles. Yards abutting a public street, which are not adequately screened for privacy, in the opinion of the Planning Commission, shall not qualify as usable open space. "Use" means the purpose for which land or a building is arranged, designed or intended, or for which either land or building is or may be occupied or maintained.

V
"Video Sales and Rental Store" means any place of business which includes the sale or rental of prerecorded video tapes, laser discs, compact discs, or any other medium which projects pictures on a screen.

W
“Warehousing, General” means the commercial receipt, storage, and distribution of goods generally handled in containers, such as boxes, barrels, and/or drums, with the use of equipment such as forklifts, pallets, and racks.

General warehouse facilities typically have 80 percent or more of the gross floor area dedicated to storage activities, with the remaining floor area dedicated to office and other auxiliary uses.

Wireless Communications Facilities Definitions. For the purposes of wireless communications facilities, the following definitions shall apply:

1. "Commercial Wireless Communication Facility" means a wireless communication facility operated by a for-profit business or for-profit purposes. See by contrast, "Noncommercial wireless communication facility."

2. "Noncommercial Wireless Communication Facility" means a wireless communication facility operated by a government agency, a nonprofit organization, a for-profit business for nonprofit purposes or a private citizen for personal use. It includes all amateur radio facilities. See by contrast, "Commercial wireless communication facility."

3. "Stealth Wireless Communications Facility" means any antenna designed to be architecturally integrated into a building that is architecturally consistent with the building design. Examples include a steeple, cupola or tower element on a building and do not include flag poles, monopoles or other structures designed to house antenna and resemble natural features.

4. "Wireless Communication Facility" means the equipment and associated structures needed to transmit and/or receive electromagnetic signals. A wireless communication facility typically includes antennas, supporting structures (including, but not limited to, monopoles, utility structures, buildings and accessory structures), enclosures and/or cabinets housing associated equipment, cable, access roads and other accessory development.
“Wholesale Sales” means the selling and/or distributing of merchandise to retailers; industrial, commercial, or institutional buyers; or other wholesalers; or acting as agents or brokers in the buying and selling of merchandise to or for such entities.

Y
"Yard" means an open space, other than a court, on a lot, unoccupied and unobstructed, except by eaves, from the ground upward, except as otherwise provided in this Chapter. Where applicable, yards shall be measured perpendicularly from the property line to the face of the nearest exterior wall of any main building, except as otherwise provided in this Chapter (See Subsection XI-10-55.04-11). Setback shall be synonymous with yard.

Yard, Front. "Front yard" means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot.

Yard, Rear. "Rear yard" means a yard extending across the full width of the lot between the most rear main building and the rear lot line; the depth of the required rear yard shall be measured horizontally from the nearest point of the rear lot line toward the nearest exterior wall of the main building.

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Yard, Side. "Side yard" means a yard between the main building and the side lot line extending from the front yard, or front lot line where no front yard is required, to the rear yard; the width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest exterior wall of the main building.

Z
Zone. See "district."
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Title XI - ZONING, PLANNING AND ANNEXATION
Chapter 10 - ZONING
Section 7 Industrial Zones and Standards
Section 7 Industrial Zones and Standards
XI-10-7.01 Purpose and Intent
A. Light Industrial (M1) Zone. The M1 Light Industrial District is reserved for the construction, use and occupancy of buildings and facilities for office, research, limited and light manufacturing, and other uses compatible with the district.

B. Heavy Industrial (M2) Zone. The M2 Heavy Industrial District is reserved for the construction, use, and occupancy of buildings and facilities for office, research, general manufacturing, warehousing and distribution and other uses compatible with the district.

C. Industrial Park (MP) Zone. The MP District is intended to accommodate, in a park-like setting, a limited group of research, professional, packaging and distribution facilities and uses which may have unusual requirements for space, light, and air, and the operation of which are clean and quiet and which meet the standards set herein.

D. Business Park Research and Development (BPRD) Zone. The purpose of the BPRD District is to designate specific areas of the city as important employment centers, especially for jobs in the hightech industry. The BPRD zone is intended to accommodate business parks, high-intensity office buildings, advanced manufacturing, and other light industrial uses, and to enable the integration and growth of research and development, office, small warehouse, and light manufacturing uses on consolidated sites with supportive ancillary uses such as restaurants, health/fitness centers, limited retail, and child care facilities. (Ord. No. 38.803, § 8, 4/17/12; Ord. No. 38.789, § 9, 4-21-09) XI-10-7.02 Industrial Use Regulations
A. Permitted and Conditionally Permitted Uses.

1. Primary uses. The uses id entified in Table XI-10-7.02-1, Industrial Zone Uses, shall be the primary uses allowed to occur on a property. All uses except for those noted shall be conducted within enclosed structures. The primary uses identified in Table XI-10-7.02-1 shall be permitted or conditionally permitted, as indicated:

P Where the symbol "P" appears, the use shall be permitted.

MCS Where the symbol "M CS" appears the use shall be permitted subject to the issuance of a Minor Conditional Use Permit by staff, in accordance with Subsection XI-10-57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter.

C Where the symbol "C" appears, the use shall be pe rmitted subject to the issuance of a Conditional Use Permit, in accordance with Subsection XI-10-57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter.

MC Where the symbol "MC" appears, the use shall be permitted subject to the issuance of a Minor Conditional Use Permit by the Zoning Administrator, in accordance with Section Subsection XI-10-57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Cchapter.

O Where the symbol "O" appears, the use is subject to an alternative review process described in a subsequent footnote.

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2. In the BPRD zone, all uses and activities must take place within an enclosed building.

3. Accessory Uses. The following accessory uses are allowed when incidental to the primary use:
a. In M1 and MP zones, incidental services, such as restaurants and recreation facilities for employee use only and when conducted in and entered from within the building or campus. b. Cafeterias may be permitted when ancillary to a primary use and associated with business or industrial uses.
c. Banquet halls may be permitted with a Conditional Use Permit, in accordance with Section XI-10-

57.04, when ancillary to convention centers, hotels or motels. d. In the BPRD, business support se rvices, convenience retail, commercial athletic facilities, child care centers, and restaurants with or without on-site service of alcohol.

B. Prohibited Uses. The foll owing uses are prohibited:

1. Uses where the symbol "NP" appears within Table XI-10-7.02-1.

2. Uses that have b een excluded from Table XI-10-7.02-1, unless they are found by the City to be similar to permitted or conditionally permitted uses in accordance with C below.

C. Other Uses. Any other uses may be considered by th e Planning Commission that are similar in accordance with the procedure prescribed in Subsection 10-54.02, Other Uses Permitted by Commission, of this Chapter.

Table XI-10-7.02-1
Industrial Zone Uses
Use M1 M2 MP BPRD

1. Commercial Uses
Alcoholic beverage sales NP NP NP C1
Adult Bbusinesses12 P NP NP NP
Business support services P NP P MCS1
Convenience store C NP C NP
Furniture repair and reupholstery P NP NP NP
Grocery store C NP C NP
Personal services C NP C C
Printing (newspaper, blueprint, publishing) P NP C MC Repair and cleaning, small items P NP NP NP
Retail, limited C NP C MCS1
Retail stores, general merchandise2 C NP C NP

2. Entertainment and Recreation Uses
Billiards C NP C NP
Commercial athletic facilities C NP C MCS1, 3

3. Health and Veterinarian Uses
Hospitals NP NP C NP
Kennel P NP NP NP
Medical support laboratories P NP P MC
Medical and dental offices and clinics2 P NP P MC
Veterinarian hospital P NP P NP

4. Industrial Uses
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Assembly from pre-processed materials34 P P P P
Auto assembly facility NP P NP NP
Bottling facility P P NP NP
Building material sales (equipment rental)45 NP C NP NP Commercial fueling facility C C NP NP
Commercial laboratory P P P P
Contractor's yard and offices4shop5 NP C NP C
Custom and artisan manufacturing P MCS P MUP
Distribution facility P P P P
Dry-cleaning plant P P NP NP
Film processing, photo finishing and printing,
etching, lithography, printmaking, and other
similar creative industries

P MCS P MCS
Freight and trucking yard45 NP P NP NP
Mini-storage complexor self storage C C NP NP
Parcel hub P NP P P
Plumbing, metalworking, glassworking or
woodworking

P P NP C
Plant or facility (research & development,
assembly, manufacturing, packaging, processing,
repairing, etc. or materials, merchandise or
products)

P P P MC
Pottery or tile manufacturing P P NP C
Recycling processing facility C C NP NP
Research and development P MCS P P
Soils and materials testing laboratories P P P P
Warehousing and wholesale , general P P P P6
Wholesale sales P P P P

5. Lodging Uses
Hotels/motels C NP C NP

6. Professional Office Uses
Offices, business and professional P NP P P
Financial institutions (banks, savings and loans,
etc.)

C NP P NP

7. Public, Quasi-Public and Assembly Uses
Auditorium57 NP NP C NP
Child care center NP NP C MCS1
Conference center57 NP NP C MCS
College and university, public or private8 NP NP NP C
Vocational school C NP C C
Farmer's market (not including flea market) 69 NP NP C MC Public utilities710 P P P NP
Transportation facility (taxi, parcel service,
armored car, etc.)
45 NP P NP NP
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Temporary Public Safety Uses811 C C C NP
Places of assembly912 C NP C NP

8. Residential Uses
Caretaker's residence C C NP NP

9. Restaurants or Food Service Uses
Catering establishment P NP P MC
Restaurants
With on-site service of alcohol C NP C C1
Without on-site service of alcohol C NP C MCS1
With live entertainment/dancing NP NP NP NP
Drive-in or drive-thru C NP C NP
Mobile Food Vending (individual vehicle)10 13 P P P P Mobile Food Park NP NP NP NP
Commissary P NP P MC

10. Vehicle Related Uses
Auto junk yard45 NP C NP NP
Auto repair (tire, oil change, smog check, etc.)11 14 C P C152 NP Mobile Fueling16 P/C P/C P/C P/C
Service stations (with or without repair or
retail)11 14

C C C NP
With car wash NP C C NP
Vehicle sales and rental (auto, RV and truck-new
and used in operable condition)13 17
C C C152 NP
Auto broker (wholesale, no vehicles on site)9 12 MCS MCS MCS NP

1 Notes:
1 Limited to accessory uses that support primary employment-generating uses on the same site. Accessory commercial uses such a s restaurants and convenience retail shall be located on the ground floor and in an area of the development where they can be dir ectly accessed by the public.
2 In accordance with the Title III, Chapter 4, Adult Business Ordinance and Subsection XI-10-13.04, Adult Businesses, of this Cha pter. 2 When found necessary to serve and appropriate to the industrial area. 3 Maximum 8,000 gross square feet in size.
4 Assembling, packaging, or distribution from previously prepared materials, such as cloth, plastic, paper, leather, precious or semi-precious metals or stones, electric or electronic instruments and devices such as television, radios, and pharmaceutical products. 4 5 When conducted wholly within a completely enclosed building or within an area enclosed on all sides with a solid wall or fence (e.g.., chain link with slats) not less than eight feet in height.
5 6 Warehousing is permitted if integrated with and accessory to a primary use such as Office or Research and Development. Warehouse facilities may not exceed 20 percent of the floor area of the primary use on the property. 7 Shall be ancillary to the primary use or associated with business or industrial uses. 6 8 State has authority over permitting process regarding public facilities. 9 Refer to Subsection XI-10-13.10, Farmers Markets, of this Chapter. 7 10 Includes service facilities, electric transmission and distribution substations and public utility service centers. 8 11 See Subsection XI-10-13.11(I), Temporary Public Safety Uses. 9 12 See Subsection XI-10-7.04(A)(1), Industrial Zone Special Development and Performance Standards.

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10 13 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter. 11 14 Entrances to the services bays shall not be open to the street, but shall be so designed to face the rear or interior side property line. 12 15 Within MP zones, rental and repair may be considered only when ancillary to new auto dealerships. 13 16 Mobile fueling is permitted when fueling service is ordered by an individual vehicle owner and the amount of fuel dispensed as part of any individual order does not exceed 50 gallons. Mobile fueling for fleet vehicles may be permitted subject to approval of a Co nditional Use Permit. Refer also to the California Fire Code as amended by the City of Milpitas Municipal Code, Title V, Chapter 300. 17 Within MP zones, boat and camper sales are prohibited. Dealerships shall be on property at least three acres or greater in area. (Ord. No. 38.837 , §§ 7, 8, 11/5/19; Ord. No. 38.836 , § 5, 9/3/19; Ord. No. 38.827, § 2, 2/21/17; Ord. No. 38.803, § 8, 4/17/12; Ord. No. 38.795, §§ 24, 25, 4/6/10; Ord. No. 38.789, § 9, 4/21/09) XI-10.7.03 Industrial Zone General Development Standards A. The following minimum or maximum requirements shall be observed.

Table XI-10-7.03-1
Industrial Zone Development Standards
Standard M1 M2 MP BPRD
Lot Area, minimum None None Individual sites
shall be of such
size to that all
space
requirements in
this table are
satisfied.
25,000 sq. ft.

Lot Width,
minimum
None None 100 ft. 100 ft.

Front Yard Setback,
minimum
Along major street:
35 ft. from face of
curb.

Along non-major
street: 25 ft. from
face of curb.

Along major street:
35 ft. from face of
curb.

Along non-major
street: 25 ft. from
face of curb.
35 ft. 10 ft.

Side Yard Setback
(interior),
minimum
None None 10 ft. None; 20 ft where
abutting an R zone
Street Side Yard
Setback, minimum
Same as front yard
setback
Same as front yard
setback
Same as front yard
setback
Same as front yard
setback
Rear Yard Setback,
minimum
None None 20 ft. None; 20 ft where
abutting an R zone
Building Height,
maximum
None. However, prior to construction of any structure that exceeds three (3) stories or thirty-five (35) feet in height, the Planning Commission must make the following finding:

That any such excess height will not be detrimental to the light, air or privacy of any other structure or use currently existing or anticipated.
60 ft/5 stories
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Parking Setback
from street-facing
property line,
minimum
Surface park ing: 25
ft
Truck or bus
parking: 40 ft
Parking Refer to Section 53, Off Street Parking, of this Chapter.

Floor Area Ratio 0.40 Maximum 0.40 Maximum 0.50 Maximum Minimum 0.5 Maximum 2.5
Landscaping Refer to Subsection 7.03(B)
B.

Areas of Lot Required to be Landscaped. Landscaped areas shall mean any area planted with plant material (trees, shrubs, ground cover, etc.). Landscape areas shall be exclusive of parking and vehicular traffic area (direct driveways excepted) and this shall be shown on the site plan in detail for Planning Commission approval.

The following areas shall be landscaped:

1. Required front yard area.

2. Required street side yard area.

This may be adjusted, by the Planning Commission, if it is found that adequate landscaping adjacent to the building(s) is provided to compensate for a reduction.

C. Fences, Hedges and Walls. All planting, fencing and walls for new development, including but not restricted to fences and walls along rear and interior side property lines shall be approved by the Planning Commission.

Modifications regarding landscaping, fencing and walls at existing developed sites shall be subject to the provisions of Subsection 54.10, Fences and Walls, of this Chapter.

D. Utilities. All wires, pipes, cables and utility connections shall be placed in underground or subsurface conduits. All above ground transformers and vaults for new development shall be adequately screened to the approval of the Planning Commission. Modifications regarding subsurface conduits or above ground transformers and vaults at existing developed sites shall be subject to the provisions of Subsection 54.16, Trash Enclosures, Equipment and their Screening, of this Chapter.

E. Areas for Collecting and Loading Recyclable Material s. There shall be provided areas for collecting and loading recyclable materials in accordance with the requirements of Subsection 54.12, Areas for collecting and loading recyclable materials, of this Chapter.

F. Legal Nonconforming projects. Existing developments lawful at the time of installation or improvements which have been approved and a building permit issued prior to June 17, 1982, and installed in conformance with said approval and permit are considered legal nonconforming projects. (Ord. No. 38.803, § 8, 4/17/12; Ord. No. 38.789, § 9, 4-21-09) XI-10-7.04 Industrial Zone Special Development and Performance Standards A. Performance Standards. For uses requiring approval of a Minor Conditional Use Permit by staff, in accordance with Section XI-10-57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter, the following performance standards shall be met.

1. Auto Brokers. Auto Brokers may be permitted by right if the following standards are met:
a. Local Sales and Use Tax. In order to assist the City of Milpitas in its efforts to receive direct distribution of the local tax on materials associated with the project, the California Sales and Use Tax (the "Local Tax") shall be allocated to the project site, to the extent reasonably possible.

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Evidence of tax allocation or cause as to why such allocation cannot be made shall be submitted at the time of business license submittal.

B. Special Development Standards in All Industrial Zones.

1. Abutting any R District. Where any MIndustrial District abuts any R District, there shall be provided 100 feet between any M building on an industrially zoned parcel and the nearest property line of any R District. Applicants are advised that mitigating improvements may be needed to eliminate any adverse impacts from the residences and that additional requirements may be imposed on the developer to remedy the situation.

2. Outdoor Storage. Outdoor storage for such things as trash and materials shall be permitted only when said storage areas are suitably screened with a solid wall or tight board fence and are located at least 100 feet from any R District and not within any required front or street side yard. Said location and screening of outdoor storage areas shall be to the approval of the Planning Commission. Modifications regarding outdoor storage at existing developed sites shall be subject to the provisions of Subsection

54.16, Trash Enclosures, Equipment and their Screening, of this Chapter.

3. Places of Assembly. Places of Assembly are prohibited in the M2 Heavy Industrial (M2) Zone and Business Park Research and Development (BPRD) Zone. When any place of assembly use is established in an M1 or MP zone after the effective date of this Ordinance, such use shall be subject to the following requirements:
a. Applicant shall submit a review of potential hazardous site conditions and potential exposure of site users to these conditions. At a minimum, a Phase I Environmental Site Assessment (ESA) shall be performed for each proposed assembly use within the City's Light Industrial (M1), and Industrial Park (MP) zoning districts. Each individual project shall comply with the recommendations of the Phase I Environmental Site Assessment (which may include conducting Phase II sampling and implementing the recommendations of the Phase II ESA that may include cleanup of hazardous materials) and demonstrate that exposure of site users to hazardous materials conditions would be below established thresholds prior to approval of the Conditional Use Permit. In addition, an Accidental Release Assessment (ARA) shall be performed for each proposed assembly use within the City's Light Industrial (M1) and Industrial Park (MP) zoning districts to determine if unacceptable safety risks may result from the proposed change in use.

The ARA shall review and evaluate any and all Risk Management Plans prepared for facilities in the vicinity under the California Accidental Release Prevention (CalARP) program. The environmental professional preparing the ARA shall determine, based on Alternative Release Scenarios, whether the proposed new assembly use would result in unacceptable safety risks due to proximity of uses handling or emitting acutely hazardous materials. If unacceptable risks are identified, the proposed use shall not be allowed.
b. Applicant shall submit a further noise study. The noise study shall demonstrate that ambient noise conditions within the vicinity of the proposed assembly use do not exceed the City's "normally acceptable" Noise Compatibility Standard of 70 dBA Ldn. In the event that existing conditions exceed the "normally acceptable" standard the proposed assembly use may be required to install noise insulating materials to achieve the interior noise standard. Also as a condition of approval, proposed assembly uses shall be required to sign a disclosure of acknowledgment that they agree to operate within an existing industrial area and may be subject to noise levels that exceed the City of Milpitas's Noise Compatibility Standards for noise-sensitive uses.
c. No assembly use shall install or otherwise use exterior public address systems or other noise generating equipment that exceeds the 70 dBA noise standard.

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d. No new structure shall be construed within the M1 or MP zoning district for use as a place of assembly and no more than 50% of the square footage of any existing structure within the M1 or MP zoning district shall be converted to use as a place of assembly. e. No exterior modifications to any existing structure within the M1 or MP zoning district shall be permitted if such modifications would materially alter the structure's appearance or future use as an industrial building.

C. Special Development Standards in the MP Zonesand BPRD zones.

1. Uses in the MP Districtand BPRD zones shall be such those they:
a. Emit no obnoxious, toxic or corrosive fumes or gases. b. Emit no odors perceptible at the property line.
c. Emit no smoke.
d. Discharge into the air no dust or other particular matter created by any industrial operations or emanating from any products stored prior or subsequent to processing. e. Produce no heat or glare perceptible beyond the lot boundaries. f. Utilize all lighting in a manner which produces no glare on public streets or on any other parcel. g. Produce no physical vibrations perceptible at or beyond the lot boundaries. h. Produce no electromagnetic radiation or radioactive emission injurious to human beings, animals or vegetation, except under controlled operations being conducted observing standards or methods or operation established by the Nuclear Regulatory Commission. Electromagnetic radiation or radioactive emissions shall not be of an intensity that interferes with the use of any other property.
i. Do not engage in the production or storage of an y material designed for use as an explosive, or in the use of such material in production.
j. Indicate that all industrial uses shall use only gas, electricity, or preheated oil as a fuel; provided, however, that oil-burning equipment may be installed for stand-by emergency use only.

XI-10-7.05 Special Design Standards for the BPRD Zone
A. Building Entrances.

1. The primary building entrance must be or iented toward the primary street frontage.

2. The primary building entrance must incorporate a projection, recess, or combination of projection and recess at least 40 square feet in area and with a minimum depth of five feet.

B. Façade Design and Articulation.

1. Facades within 20 feet of a front or street side property line shall include windows, doors, or other openings for at least 40 percent of the building wall area located between 2.5 and seven feet above the level of the sidewalk.

2. A minimum of 50 percent of the building frontage must be located at or within 10 feet of the front setback.

3. No façade may run in a continuous plane for more than 30 feet without an opening. Openings fulfilling this requirement must:
a. Have transparent glazing and provide views into work areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep. 34 | Milpitas New Zoning Districts | Public Draft
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b. Not provide views into parking or vehicle circulation areas.

Figure 7.05-1: Façade Design and Transparency

4. All building facades must incorporate window trim, window recesses, cornices, changes in material, or similar design elements that add visual interest to the facade. This includes a varied palette of materials, textures, and colors that emphasize details and changes in plane.

C. Pedestrian and Bicycle Circulation.

1. A system of pedestrian walkways shall connect all primary building entrances on a site to each other, to on-site vehicle and bicycle parking areas, and to any on-site open space areas, pedestrian amenities, and transit stops.

2. Walkways shall be the shortest practical distance between the primary building entrance and sidewalk, generally no more than 125 percent of the straight-line distance.

3. Walkways shall be a minimum of five feet wide, hard-surfaced, and paved with permeable materials.

4. Where a required walkway crosses a driveway, pa rking area, or loading area, it must be clearly identifiable through a raised crosswalk, a different paving material, or similar method.

5. Where a required walkwa y is parallel and adjacent to a vehicle travel area, it must be raised or separated from the vehicle travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

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Figure 7.05-2: On-Site Circulation
D. Site Design for Large Projects. Projects over 80 ,000 gross square feet must provide the following:

1. Usable common open space equal to 10 percent of the site area and with a minimum dimension of 12 feet that:
a. Provides gathering space or opportunities for active or passive recreation and benches or other seating.
b. Provides amenities must be provided to enhance the comfort, aesthetics, or usability of the space, including but not limited to trees and other landscaping, shade structures, drinking fountains, water features, or public art.
c. Is separated from on-site parking areas by a minimum of 12 feet.

2. A minimum of 400 square feet of outdoor eating facilities for the use of employees. Outdoor eating areas shall include tables, seating and covering to provide protection from sun and weather conditions.

Employee eating areas must be contiguous with required on-site public open space or provided in a separate area.

3. Stormwater detention facilities incorporated into the site landscaping. Refer also to Subsection VIII-5-3, Provisions for New and Rehabilitated Landscapes.

4. A lighting, landscaping, and signage design concept for common areas. Refer also to Subsection XI-10-

54.17 for general lighting standards and to Subsection XI-10-24 for general signs standards.

E. Landscaping.

1. The following areas shall be landscaped and may count toward the total area of site landscaping required by the zoning district standards.
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a. Street-Facing Setbacks, as required in Section 10-7.03.B of this Chapter. b. Interior Property Lines Abutting Residential Districts. A six-foot-wide landscape buffer yard planted with a mix of trees and shrubs shall be provided along interior property lines. At least one tree of at least 15-gallon size shall be planted per 20 linear feet or as appropriate to create a tree canopy over the buffer yard. In addition, at least three shrubs shall be planted per 20 lineal feet. At least 10 percent of the required trees shall be 24-inch box size. c. Building Perimeters. The portions of a building that front a public street shall have one or more landscape planters, each a minimum of three feet in depth, installed along a minimum 20 percent of street-facing facades.

Figure 7.05-3: On-Site Circulation
d.

Parking Areas. A minimum of 10 percent of any parking lot area shall be landscaped. For the purpose of calculating required parking lot landscaping, parking lot areas are deemed to include parking and loading spaces as well as aisles, vehicle entry and exit areas, and any adjacent paved areas. Parking lot area does not include enclosed vehicle storage areas. e. Unused Areas. All areas of a project site not intended for a specific use, including areas planned for future phases of a phased development, shall be landscaped or left in a natural state.

2. Landscaping Materials. In addition to the standards of Section VIII-5-3, Provisions for New and Rehabilitated Landscapes, the following landscape standards apply. a. General. Landscaping must consist of a combination of groundcovers, shrubs, vines, and trees.

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

Landscaped areas may include paved or graveled surfaces, provided they do not cover more than 10 percent of the area required to be landscaped.
b. Plant selection. Plants must be selected to control erosion and provide protection from wind and summer sun.
c. Ground Cover Materials. Ground cover shall be of live plant material. Groundcover may include grasses. Non-plant materials including gravel, colored rock, cinder, bark, and similar materials shall not be used to meet the minimum planting area requirements required by this section, except with approval by the Zoning Administrator. Mulch must be confined to areas underneath shrubs and trees and is not a substitute for ground cover plants.

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d. Turf Allowance. The maximum amount of lawn in required landscape areas shall be 20 percent except for turf areas that comprise an essential component of a project (e.g., golf courses or playing fields), which are exempt from this limit. The installation of turf on slopes greater than 25 percent is prohibited.
e. Size and Spacing. Plant materials shall be grouped in hydrozones in accordance with their respective water, cultural (soil, climate, sun and light) and maintenance needs. Plants shall be of adequate size and spacing at the time of installation to provide ample vegetation coverage.

Minimum requirements include:
i. Ground Covers. Ground cover plants other than grasses must be at least the four-inch pot size. Areas planted in ground cover plants other than grass seed or sod must be planted at a rate of one per 12 inches on center or less.
ii. Shrubs. Shrubs shall be a minimum size of one gallon. When planted to serve as a hedge or screen, shrubs shall be planted with two to four feet of spacing, depending on the plant species.
iii. Trees. Tree canopies shall cover a minimum of 30 percent of the total required landscape area. Of the total number of trees provided on site, at least 20 percent shall be of the same species.
(a) A minimum of 15 percent of the trees planted shall be 24 inch-box or greater in size.

All other trees shall be a minimum of 15 gallons in size with a one-inch diameter at breast height (dbh).
(b) Newly planted trees shall be supported with double stakes or guy wires and tree guards per International Society for Arboriculture and American National Standards Institute standards.
(c) Any trees planted along a sidewalk shall be 15 gallon trees no more than 30 feet apart on center.
(d) Any tree to be planted along a lot line or adjacent to a structure shall be no closer to said lot line or structure than one-half the diameter of the particular species’ drip line at maturity, measured from the center of the tree. 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.

F. Parking and Loading.

1. Parking Location.
a. Required parking spaces shall be located on the same lot as the use they serve. b. Parking areas shall be set back from adjacent buildings and streets as follows:
i. From Streets. Where parking is located between a building and street, a landscaped setback at least 10 feet wide must be provided between the parking area and adjacent right-of-way.
ii. From On-Site Buildings. Parking areas must be separated from the front and side exterior walls of on-site buildings by walkways at least five feet in width. b. On-site parking shall not be located within a required setback. c. No parking is allowed on frontages facing Milpitas Boulevard, McCarthy Boulevard, or Montague Expressway.
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2. Parking Design.
a. Access. Driveways shall not exceed 35 feet in width and must be located a minimum of 50 feet from the boundary of an abutting residential or open space zone. b. Screening. Parking and loading areas shall be screened from view from public streets and properties in abutting residential, mixed-use, or commercial zones, according to the following standards.
i. Height. Screening of parking lots from adjacent public streets shall be a minimum of three feet in height. Screening of parking lots along interior lot lines that abut residential or open space districts shall be a minimum of six feet in height. ii. Materials. Screening must consist of one or any combination of the methods listed below:
(a) Walls. Low-profile walls consisting of brick, stone, stucco, or other quality durable material and including a decorative cap or top finish as well as edge detail at wall ends.
(b) Fences. An open fence of wood, wrought iron or similar high-quality, durable material combined with plant materials to form an opaque screen. This option does not include the use of chain-link or vinyl fencing.
(c) Planting. Plant materials consisting of compact evergreen plants that form an opaque screen. Such plant materials must achieve a minimum height of two feet within 18 months after initial installation.
(d) Berms. Berms planted with grass, ground cover, or other low-growing plant materials.

3. Loading Areas. Truck docks, loading areas, and service areas must be located at the rear or interior side of buildings and be screened so as not to be visible from public streets. The outermost point of the truck docks, loading, and service areas are not permitted within 50 feet of the boundary of a residential district.

G. Lighting.

1. Fixtures. All exterior lighting fixtures shall be oriented downward, fully shielded, and certified by the International Dark Sky Association to prevent light intrusion into adjacent building buildings and sensitive habitat such as riparian habitat, streams, and wetlands.

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

3. Exterior Building Lighting.
a. Ground-floor building façades and an adjacent four-foot-wide zone shall be illuminated with lighting fixtures that are placed:
i. Every 40 feet or less for all building façades to illuminate the sidewalk along all street-facing building frontages.
ii. Every 30 feet or less for all building façades facing public open spaces and pedestrian pathways.
iii. Every 20 feet or less for all ground floor blank walls. b. Electrical elements such as wires, conduits, and panel boxes shall be concealed from public view or painted to match the background surface color.

4. Other On-Site Lighting.

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a. On-site lighting shall be provided in parking lots, driveways, circulation areas, and recesses. The following minimum levels of illumination shall be achieved:
i. Open parking lots: One to two foot-candles at ground level. ii. Pedestrian path/bike path: One-half to one foot-candle at ground level. iii. Covered parking: Five foot-candles at ground level. b. Parking lot lighting shall be designed and installed so that light and glare is not directed onto residential use areas, adjacent public rights-of-way, or sensitive habitat, such as riparian habitat, streams, and wetlands.

5. Prohibited Lighting. The following types of exterior lighting are prohibited:
a. Mercury vapor luminaires;
b. Searchlights;
c. Sky beams;
d. Upward-directed fixtures; and
e. Aerial lasers.

XI-10-7.06 Conformance with Specific Plans
Properties located within Specific Plans shall conform to the underlying Specific Plan in accordance with Section XI-10-11.06, Conformance with Specific Plans, of this Chapter. (Ord. No. 38.803, § 8, 4/17/12; Ord. No. 38.795, § 26, 4/6/10; Ord. No. 38.789, § 9, 4/21/09) 40 | Milpitas New Zoning Districts | Public Draft
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Title XI - ZONING, PLANNING AND ANNEXATION
Chapter 9 - ZONING
Section 9 Metro Area Zones and Standards

Section 9 Metro Area Zones and Standards (New Section)
XI-10-9.01 Purpose and Intent
A. Metro Multi-Family High Density Residential ("R3-M etro") Zoning District. The purpose of the R3-Metro zoning district is to create and enhance high-density residential areas (densities in the range of 30 to 40 dwelling units per acre) characterized by a mix of multi-family unit types and small-scale neighborhood businesses where appropriate. The R3-Metro zone implements the Multi-Family High Density Residential (MFH) land use designation as described in the Metro Specific Plan.

B. Metro Multi-Family Very High Density Residential ("R4-Metro") Zoning District. The purpose of the R4-Metro zoning district is to create and enhance very high-density residential areas (densities in the range of 40 to 85 dwelling units per acre) characterized by low- and mid-rise multi-family residential buildings and compatible commercial uses where appropriate. . The "R4" District is intended to provide for higher-density residential "villages" structured around transit stations, streets, creek side open spaces, trails and parks. The R4-Metro zone implements the Multi-Family Very High Density Residential (VHD) land use designation as described in the Metro Specific Plan.

C. Metro Urban Residential ("R5-Metro") Zoning District . The purpose of the R5-Metro zoning district is to create and enhance very high-density residential areas (densities in the range of 70-120 dwelling units per acre) characterized by high-rise residential buildings and compatible commercial uses structured around transit stations. The R5-Metro zone implements the Urban Residential (URR) land use designation as described in the Metro Specific Plan.

D. Metro High Density Mixed Use ("MXD2-Metro") Zoning District. The purpose of the MXD2-Metro zoning district is to create and enhance areas with a mix of retail, restaurant, entertainment, and commercial service uses on the ground floor and residential or office uses on upper stories, while maintaining a pedestrian-oriented streetscape (mixed-use FARs in the range of 1.0 to 2.5 and residential densities in the range of 40 to 85 dwelling units per acre). It is intended that the required active ground floor uses will ensure neighborhood-oriented retail and services are provided within walking distance of high-density residential development. The MXD2-Metro zone implements the Residential Retail Mixed Use (RRMU) land use designation as described in the Metro Specific Plan.

E. Metro Very High Density Mixed Use ("MXD3-Metro") Zoning District. The purpose of the MXD3-Metro zoning district is to create and enhance urban areas characterized by a mix of very-high density housing, retail and employment uses (mixed-use FARs in the range of 2.5 to 5.0 and residential densities in the range of 85 to 250 dwelling units per acre). The MXD3-Metro zone implements the Boulevard Very High Density Mixed Use (BVMU) land use designation as described in the Metro Specific Plan.

F. Metro Business Park Research and Development, Limi ted Residential; (BPRD-R-Metro) Zone. The purpose of the BPRD-R-Metro zoning district is to designate specific areas of the city as important employment centers, especially for jobs in the high-tech industry, with limited, integrated residential development (mixed-use FARs in the range of 1.0 to 5.0). The BPRD-R-Metro zone is intended to accommodate business parks, high- intensity office buildings, advanced manufacturing, other light industrial uses, and limited residential uses. It also enables the integration and growth of research and development, office, and light manufacturing uses on consolidated sites with supportive ancillary uses, typically on the ground floor, such as restaurants, health/fitness centers, limited retail, and child care facilities. The BPRD-R-Metro zone implements the Business Park Research and Development, Limited Residential (BPRD-H) land use designations as described in the Metro Specific Plan.

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G. Metro Business Park Research and Development (BPRD- Metro) Zone. The purpose of the BPRD-Metro zoning district is to designate specific areas of the city as important employment centers, especially for jobs in the high-tech industry (FARs in the range of 1.0 to 2.5, with additional FAR up to 4.0 for properties within 1,000 feet of the Milpitas Transit Center). The BPRD zone is intended to accommodate business parks, high- intensity office buildings, advanced manufacturing, and other light industrial uses, and to enable the integration and growth of research and development, office, and light manufacturing uses on consolidated sites with supportive ancillary uses, typically on the ground floor, such as restaurants, health/fitness centers, limited retail, and child care facilities. The BPRD-Metro zone implements the Business Park Research and Development (BPRD) land use designation as described in the Metro Specific Plan.

XI-10-9.02 Metro Area General Use Regulations
A. Permitted and Conditionally Permitted Uses.

1. Primary uses. The uses identified in Table XI-10- 9.02-1, Metro Area Zone Uses, shall be the primary uses allowed to occur on a property. All uses except for those noted shall be conducted within enclosed structures. The primary uses identified in Table XI-10-9.02-1 shall be permitted or conditionally permitted, as indicated:

P Where the symbol "P" appears, the use shall be permitted.

MCS Where the symbol "MCS" appears, the use sha ll be permitted subject to the issuance of a Minor Conditional Use Permit by staff, in accordance with Subsection XI-10-57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter.

MC Where the symbol "MC" appear s, the use shall be permitted subject to the issuance of a Minor Conditional Use Permit by the Zoning Administrator, in accordance with Subsection XI-10-57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter.

O Where the symbol "O" appears, the use is subject to an alternative review process described in a subsequent footnote.

B. Prohibited Uses. The follo wing uses
are prohibited:

1. Uses where the symbol "NP" appears within Table XI-10-9.02-1.

2. The following uses are not permitted in any Metro zone:
a. Adult Businesses as defined in Subsection 13.04, Adult Businesses, of this Chapter. b.

Disinfecting and extermination business.
c. Out
door storage of vehicles.
d.

Private self-storage facilities.
g. Drive throu
gh uses (restaurants, pharmacies, etc.).

C. Mixed Use Development. Where a single parcel is prop osed for development with two or more of the land uses listed in Table 9.02-1, Metro Area Zone Uses at the same time, the overall project will be subject to the permit with the highest level of review required by the Table for any individual use.

D. Residential uses on Activity Streets and Neighborhood Streets. Residential units are not allowed on the ground floor facing any right-of-way designated as an Activity Street or Neighborhood Street by the Metro Specific Plan Figure 4-6, unless allowed by Subsection 9-05.B. Other residential spaces such as lobbies and 42 | Milpitas New Zoning Districts | Public Draft
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common areas are permitted on the ground floor facing an Activity Street in accordance with Table XI-10-

9.02-1.

E. Other Uses. Any other uses may be considered by the Planning Comm ission that are similar in accordance with the procedure, prescribed in Subsection 10-54.02, Other Uses Permitted by Commission, of this Chapter.

Table XI-10-9.02-1
Metro Area Zone Uses
Uses
R3
Metro
R4
Metro
R5
Metro
MXD2
Metro
MXD3
Metro
BPRD-R
Metro
BPRD-
Metro
Additional Regulations
Commercial
Alcoholic Beverage
Sales
C1 C 1 C 1 C C C C 1
Business Support
Services
NP NP NP MCS MCS MCS 1 MCS 1
Convenience store MC MC MC MCS MCS NP NP Refer to Subsection XI-10-

9.03(A), Special Uses
Grocery Store NP NP NP C C NP NP
Grocery Store, Small P P P P P NP NP Refer to Subsection XI-10-

9.03(A), Special Uses
Pawnshop NP NP NP C C NP NP Refer to Subsection XI-10-

9.03(C), Special Uses
Personal Services MCS 2 MCS 2 MCS 2 P 2 P 2 NP NP Refer to Subsection XI-10-

9.03(A), Special Uses
Pet Shops NP NP NP MC MC NP NP
Repair and Cleaning,
Small Items
NP NP MCS P P NP NP Refer to Subsection XI-10-

9.03(A), Special Uses
Retail, Limited C 3 P P P P P 1 P 1 Refer to Subsection XI-10-

9.03(A), Special Uses
Retail Stores, General
Merchandise
C
3 P P P P NP NP Refer to Subsection XI-10-

9.03(A), Special Uses
Thrift Shop
Retail only NP NP NP P P NP NP Refer to Subsection XI-10-

9.03(A), Special Uses With collecƟons NP NP NP C C NP NP Entertainment and Recreation
Commercial Athletic
Facilities

NP NP NP P P MCS
1 MCS 1
Golf Course NP NP NP NP NP NP NP
Recreation or
Entertainment Facility

NP NP NP C C NP NP
Health and Veterinarian Uses
Animal Grooming (no
boarding)

NP NP NP MC MC NP NP
Hospitals or
Sanitariums
NP NP NP C C NP NP Refer to Subsection XI-10-

9.03(B), Quasi-Public Uses
Massage Establishment NP NP NP MC/MC
S4
MC/MC
S
4 C1 C 1 Refer to Title III, Chapter 6
of the Milpitas Municipal
Code and to Subsection XI-
10-13.16
Medical and Dental
Offices and Clinics

NP NP NP P P MC MC
Medical Support
Laboratories

NP NP NP P P MC MC
Optician and
Optometrist Shop

NP NP NP P P MC MC
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Uses
R3
Metro
R4
Metro
R5
Metro
MXD2
Metro
MXD3
Metro
BPRD-R
Metro
BPRD-
Metro
Additional Regulations
Pharmacy or Drug Store NP MCS MCS P P MC MC
Veterinary Clinic NP NP NP P P NP NP
Industrial Uses
Agriculture P5 NP NP NP NP NP NP
Art and Artisan Studio NP NP NP P P MCS P
Commercial Laboratory NP NP NP NP NP P P
Custom and Artisan
Manufacturing

NP NP NP MCS MCS MCS MCS
Manufacturing,
Assembling, Packaging,
and Processing Facility

NP NP NP NP NP MCS MCS
Parcel hub NP NP NP NP NP NP MC
Printing (Newspaper,
Blueprint, Publishing)

NP NP NP NP NP NP MC
Research and
Development

NP NP NP NP NP P P
Soils and materials
testing laboratories

NP NP NP NP NP P P
Warehousing, General NP NP NP NP NP P 6 P 6
Wholesale Sales NP NP NP NP NP MC MC
Lodging Uses
Bed and Breakfast P P P P P NP NP
Boarding Houses C C C C C NP NP
Hotels NP NP NP P P P P
Motels NP NP NP NP NP NP NP
Short-Term Rentals P P P P P NP NP Refer to Subsection XI-10-

13.17, Short-Term Rentals
Professional Offices Uses
Offices, Business and
Professional

C C C P P P P
Financial institutions
(banks, savings and
loans, etc.)

NP MCS MCS P P MCS
1 MCS 1
Public, Quasi-Public and Institutional/Assembly Uses
College and university,
public or private
7 NP NP NP C C C C
Community Garden P P P P P P P
Day Care Center MC MC P P P P 1 P 1 Refer to Subsection XI-10-

13.06, Large Family Child
Care and Child Care
Centers
Farmer's Market MC MC MC MCS MCS MCS MCS Refer to Subsection XI-10-

13.10, Farmers Markets
Instruction, Group MC MC MC MCS MCS NP NP
Instruction, Private MCS MCS MCS P P NP NP
Park, Playground or
Community Center
O
8 O 8 O 8 O 8 O 8 O 8 O 8
Places of Assembly MC MC MC MCS MCS NP NP
Public Utilities NP NP NP NP NP NP NP
School (not trade or
vocational)

C C C C C NP NP
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Uses
R3
Metro
R4
Metro
R5
Metro
MXD2
Metro
MXD3
Metro
BPRD-R
Metro
BPRD-
Metro
Additional Regulations
Schools, private
(elementary, middle,
high)

C C C C C NP NP
Theater (indoor) NP NP NP C C NP NP
Trade and Vocational
School

NP NP NP C C NP NP
Transportation
Facilities

C C C C C NP NP
Residential Uses
Court Dwellings P P P P P NP NP
Duplex (two dwellings) NP NP NP NP NP NP NP
Group Living
Accommodations

C C C C C C NP
Live/Work C9 C 9 C 9 MCS MCS MCS NP
Multi-Family Dwellings P P P P P P NP
Residential Care Facility P P P P P P NP
Single-Room
Occupancy Residences
MC MC MC MC MC NP NP Refer to XI-10-13.13,
Special Uses, Single Room
Occupancy Residences
Transitional and
Supportive Housing
P P P P P P NP Refer to CA Government
Code Sec. 65582
Restaurants or Food Service
Bar or Nightclub NP NP NP C 10 C 10 NP NP
Brewery/ Eateries NP NP NP MCS 10 MCS 10 NP NP
Catering Establishment NP NP NP C C NP NP
Commissary NP NP NP NP MC NP NP
Mobile Food Park NP NP NP MC MC NP NP Refer to Subsection XI-10-

13.18, Mobile Food
Vending
Mobile Food Vending
(individual vehicle)
P P P P P P P Refer to Subsection XI-10-

13.18, Mobile Food
Vending
Restaurants
With on-site service
of alcohol
C
3 C C P/C 11 P/C 11 C 1 C 1 Refer to Subsection (XI-10-

9.03(C)(5)
Without on-site
service of alcohol
MCS
3 P P P/C 11 P/C 11 P 1 P 1 Refer to Subsection (XI-10-

9.03(C)(5)
With music
(indoor/outdoor)
NP NP NP P 10 P 10 NP NP Refer to Subsection (XI-10-

9.03(C)(5)
With other live
entertainment
NP NP NP C 12 C 12 NP NP Refer to Subsection (XI-10-

9.03(C)(5)
Vehicle Related Uses
Auto Broker
(wholesale, no vehicles
on site)

NP NP NP MCS MCS NP NP
Auto Rental NP NP NP MC 13 MC 13 NP NP
Auto Sales NP NP NP NP NP NP NP
Mobile Fueling14 P/NP P/NP P/NP P/NP P/NP P/NP P/NP Refer to the California Fire Code as amended by the
City of Milpitas Municipal
Code, Title V, Chapter 300.

Service Stations NP NP NP NP NP NP NP
Auto Repair Shop NP NP NP NP NP NP NP
Accessory and Temporary Uses
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Uses
R3
Metro
R4
Metro
R5
Metro
MXD2
Metro
MXD3
Metro
BPRD-R
Metro
BPRD-
Metro
Additional Regulations
Accessory Dwelling Unit P P P P P P NP Refer to Subsection XI-10-

13.08, Accessory Dwelling
Units
Model home complex P P P P P NP NP Refer to Subsection XI-10-

13.11(E), Model Home
Complexes and Sales
Offices
Large family child care
home
P P P P P P NP Refer to Subsection XI-10-

13.06, Large Family Child
Care and Child Care
Centers
Small family child care
home

P P P P P P P
Temporary seasonal
sales
NP NP NP P P NP NP Refer to Section 13.11,
Temporary Uses and
Structures

1. Limited to accessory use that supports primary employment-generating uses on the same site. Accessory commercial uses such as restaurants and limited retail shall be located on the ground floor and in an area of the development where they can be directly accessed by the public.

2. When located on the ground floor, retail sales of products related to the Personal Services provided shall be offered at the front of the premises near the pedestrian entrance and shall comprise at least 10 percent of the floor area of the business establishment.

3. No exterior display or advertising and such activities are conducted in spaces which are integral parts of a main building.

4. Allowed with an MCS when an accessory use to any permitted or conditionally permitted medical office, medical clinic, chiropractor practice, acupuncture practice, physical therapist, fitness and athletic facility, health care facility (such as hospitals, nursing homes and sanitariums), and accredited school, college, and university. Massage services, limited to massage of the head, neck, shoulders, hands and feet may be allowed with an MCS when an accessory use to any permitted or conditionally permitted beauty salon, barbershop, and healing art practices. This section shall not exempt any person or business from complying with all the provisions of Title III, Chapter 6.

5. The raising of animals or fowl for commercial purposes and the sale of any products at retail on the premises is not allowed.

6. Warehouses may not exceed 25,000 gross square feet in size.

7. State has authority over permitting process regarding public facilities.

8. For uses owned and operated by a government agency. The approval process will require that the site be re- zoned to POS.

9. Allowed non-residential uses to be specified through the Conditional Use Permit process.

10. Indoor or outdoor music is permitted as an accessory use on the same parcel in conjunction with a restaurant or bar that is a principal permitted use or approved conditional use. See also Subsection XI-10-9.03(E)(6) for additional regulations.

11. Permitted when located on the ground floor facing a public street designated as an Activity Street. Requires a Conditional Use Permit when located elsewhere.

12. “Other live entertainment” Includes but is not limited to dancing, stand-up comedy, theatrical shows, magic shows, and karaoke.

13. Bicycle and auto rental agency, excluding commercial vehicles, trucks, buses, vans, boats and RV rentals, must be fully enclosed within a building.
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14. Mobile fueling is permitted when fueling service is ordered by an individual vehicle owner and the amount of fuel dispensed as part of any individual order does not exceed 50 gallons. Mobile fueling for fleet vehicles is not permitted.

XI-10-9.03 Metro Area Special Use Regulations
A. Personal services, convenience stor es, grocery stores, retail, repair and cleaning services, private and group instruction, and financial institutions within R3-Metro, R4-Metro and R5-Metro zones may be permitted provided they are:

1. Less than or equal to 10,000 square feet in gross floor area;

2. Not open past 10:00 p.m.;

3. Conducted wholly within a building, exce pt for approved outdoor seating areas;

4. Not specifically noted in Table XI-10-9.02-1, Metr o Zone Uses, of this Chapter, requiring Conditional Use Permit approval; and

5. Not listed as a prohibited use in Section XI-1 0-9.02(B), Prohibited Uses, of this Chapter.

If items (1) through (3), above, are not met, then approval of a Conditional Use Permit is required in accordance with Section 10-57.04 of this Chapter.

B. Quasi-Public Uses. The following uses may be permitted within the MXD2-Metro and MXD3-Metro zones provided their location is first approved by the Planning staff, the Zoning Administrator, or the Planning Commission (as applicable), in accordance with Subsection 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter, and they are not located within 1,000 feet of the parcel boundary of another quasi-public use listed below. This distance shall be measured from the property line of the parcel where such use is located.

1. Places of meeting or assembly, such as audito riums, banquet halls, and fraternal or union halls.

Churches and religious institutions are exempt from this spatial requirement.

2. Private elementary, middle or high schools.

3. Vocational schools, if not found objectionable due to noise, odor, vibration or other similar health, safety and welfare basis.

C. Performance Standards for Certain Uses. For uses requ iring approval of a Minor Conditional Use Permit by staff, in accordance with Section 10-57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter, the following performance standards below shall be met.

1. The following uses may not be located within 1,000 feet of another same use listed below. This distance shall be measured from the property line of the parcel where such use is located. a.

Vehicle Relate
d Uses.
b. Transportation facilities without outdoor storage of vehicles. c.

Pawnshops.

2. Auto
Brokers. Auto Brokers are subject to the following standards:
a. Local Sales and Use Tax. In order to assist the City of Milpitas in its efforts to receive direct distribution of the local tax on materials associated with the project, the California Sales and Use Tax (the "Local Tax") shall be allocated to the project site, to the extent reasonably possible. Evidence of tax allocation or cause as to why such allocation cannot be made shall be submitted at the time of business license submittal. 3. Art and Artisans Studios sha ll comply with the following standards:
a. All operations shall be conducted comp letely within an enclosed building.

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b. There shall be no dust, fume, or odor either emitted from the premise. c. The operations shall not create excessive vibrations. d. The operations shall be consistent with the City's noise standards.

4. Outdoor Music in the MXD2-M etro and MXD3-Metro zones:

1. Outdoor music as an accessory use in conjunctio n with a restaurant or bar shall be permitted for the entertainment and enjoyment of customers at the restaurant or bar during regular operating hours. Outdoor music as an accessory use shall be limited to the hours of 9:00 a.m. to 11:00 p.m.

2. Recorded background music may be permitte d outdoors on public sidewalks and other public areas subject to the standards of this Chapter and Title V - Public Health, Safety and Welfare, Chapter 213 - Noise Abatement.

3. Noise levels for outdoor music, when permitted as an accessory use to a restaurant or bar, shall not exceed a maximum range of 70 to 90 decibels (dB). See also Title V - Public Health, Safety and Welfare, Subsections V-213-2 and V-213-3, for additional regulations.

4. Larger outdoor music events, both live a nd recorded music, which are intended for the entertainment and enjoyment of the general public shall not be considered accessory uses and shall require a Special Event Permit pursuant to Section 15, Special Events and Activities, of this Chapter.

5. Minor outdoor music events, both live and reco rded music, which are hosted onsite by a business with nine or fewer employees shall be exempt from applicable permit and fee requirements.

5. Restaurant Performance Standards. Restaurant s shall comply with the following performance standards:
a. Outdoor seating is allowed if it has been a pproved as part of the facility's Minor Site Development Permit or Site Development Permit and is operated in conformance with any conditions of that approval.
b. Outdoor dining shall comply with the st andards of Section 10-13.19 – Outdoor Dining. c. The restaurant shall comply with the City Council's Guidelines for Recycling Enclosures (Resolution No. 6296).
d. The restaurant shall incorporate measures to reduce odors to acceptable levels, including, but not limited to, installation of a scrubber, carbon filter or similar equipment, on the roof vent to control odors.
e. All the facility's floor drains, trash compactors and indoor mat and equipment washing areas shall be drained to the sanitary sewer.
f. Where applicable, the restaurant shall maintain an active account with a tallow hauling company. g. The restaurant shall prepare and implement a program assigning restaurant staff responsibility for complying with the following guidelines which shall be adhered to while the restaurant is in operation:
i. Wash all containers and equipment in the kitchen areas so that wash water may drain into the sanitary sewer.
ii. Keep garbage dumpsters clean inside and ou t; replace very dirty dumpsters with new, clean ones.
iii. Double bag waste to prevent leaking.
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iv. Place, do not drop or throw, wa ste-filled bags, to prevent leaking. v. Keep the ground under and around the garbage dumpsters swept. vi. Sprinkle the ground lightly after sweeping with a mixture of water and a little bleach. vii. Hold training sessions to instruct employee s on the proper procedures in the handling and disposal of food items; the general maintenance and use of the compactor and any other procedures that would assist the business in complying with all State and local health and sanitation standards. A record of such training must be kept to prove compliance with this requirement.
viii. Post signs (in English and multi-lingual) inside the premises for all employees identifying procedures for food delivery and garbage disposal.
ix. All garbage bins shall be stored in th e garbage enclosure except for the 12 hours immediately before and after garbage collection.

XI-10-9.04 Metro Area General Development Standards
A. Standards within the Metro Specific Plan area. For all Metro Area properties, refer to the Metro Specific Plan for development standards. When a standard is not listed within the Metro Specific Plan, the standards listed within the zoning ordinance shall govern.

B. General Standards. The following requirements shall be observed.

Table XI-10-9.04-1
Metro Zones Development Standards
Standard
R3 Metro R4 Metro R5 Metro MXD2 Metro MXD3 Metro BPRD-R Metro
BPRD- Metro
Min. Lot Area 8,000 sq ft none none none none none none Residential
Density1 30-40 units/ac 40-85 units/ac 70-120 du/ac 40-85 units/ac 85-250 units/ac
No min. or
max. N/A
FAR n/a n/a n/a Mixed Use:

1.0-2.5 FAR
Mixed Use:

2.5-5.0 FAR
Mixed-use:

1.0-5.0 FAR;
min. 1.0 FAR
non-
residential
uses
Min. 1.0;
Max. 2.5-4.0
2 Active Use none none none
Ground floor retail and active uses required
on 80% of frontages on any one blockface
along any Activity Street as identified on the
Metro Specific Plan Figure 4-6: Circulation
Network.
none
Front Setback 20 ft min.
8 ft min., 20 ft
max. from
back of
sidewalk
12 ft min., 20
ft max. from
back of
sidewalk
Min. 0 ft,
Max. 20 ft
Min. 12 ft,
Max. 20 ft
Min. 10 ft,
Max. -20 ft Min. 0 ft.

Interior Side
Setback
1 story: Each
side 5 ft min,
total of 12 ft
both sides
2-2.5 story:

Each side 10
ft min, total
25 ft both
sides
3-3.5 story:
10 ft min.
15 ft; 20 feet
for buildings
over 3 stories
abutting
residential
uses
0 ft; 10 ft
when
abutting
residential
use and for
portions of
buildings over
60 ft or 4
stories tall
10 ft; 15 ft
when
abutting
residential; 20
ft for portions
of buildings
over 60 ft or 4
stories tall
10 ft min. 10 ft min.

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Standard
R3 Metro R4 Metro R5 Metro MXD2 Metro MXD3 Metro BPRD-R Metro
BPRD- Metro
Each side 12
ft min, total
30 ft both
sides
Street Side
Setback 10 ft
8 ft min., 15 ft
max. from
back of
sidewalk
12 ft min., 20
ft max. from
back of
sidewalk
0 ft 12-20 ft 10-15 ft 0 ft min.

Rear Setback
1 story: 30 ft
2-2.5 story: 35
ft
3-3.5 story: 40
ft
10 ft min.
15 ft; 20 feet
for buildings
over 3 stories
abutting
residential
uses
10 ft; 15 ft
when
abutting an R
Zone; 20 ft for
portions of
building over
60 ft or 4
stories tall
15 ft; 20 ft
when
abutting an R
zone; 30 ft for
portions of
building over
60 ft or 4
stories tall
10 ft min. 10 ft min.

Creek/Draina
ge Channel
Setback
25 ft from top of bank or from any maintenance road or required setback, whichever is greater.

Max. Primary
Building
Height
75 ft 35 ft min.,75
ft max.
75 ft and 6
stories 85 ft
3 275 ft4 275 ft or 18
stories 8 stories
Accessory
Building
Height
Max. 25 ft or 2.5 stories
On-Site Open
Space
Residential and mixed-use projects: Min. 100 sq ft per residential unit, may be private or common
Non-residential projects: Min. 10% of site area
Min. 15% of
site area
Private Open
Space
Dimensions
Min. 4 ft x 6 ft n/a
Common
Open Space
Residential and mixed-use projects: Min. 30% of the total open space provided on-site; Min. dimension 10 ft
Min.
dimension 10
ft
Publicly
Accessible
Open Space
Mixed-use projects: Min. 5% of the total open space provided on-site 5 Non-residential projects: Min. 25 contiguous sq ft per 10,000 sq ft non-residential floor area.

Min. 25
contiguous sq
ft per 10,000
sq ft non-
residential
floor area
excluding
retail,
restaurant, or
service areas

1. When determining the density of non-traditional housing configurations such as group living accommodations and single-room occupancy residences, three bedrooms may be counted as the equivalent of one unit.

2. Maximum allowed FAR is based on the following sliding scale:
 2.5 for properties farther than 3,000 ft from the Milpitas Transit Center;  3.0 for properties within 3,000 ft from the Milpitas Transit Center;  3.5 for properties within 2,000 ft from the Milpitas Transit Center;  4.0 for properties within 1,000 ft from the Milpitas Transit Center. 50 | Milpitas New Zoning Districts | Public Draft
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3. Within 60 feet of adjacent existing residentially zoned parcels, building height shall be stepped down to a maximum of 10 feet higher than the maximum allowed height of the adjacent parcel.

4. A maximum 50% of base footprint may reach 85 feet in height and a maximum 25% of base footprint may reach 275 feet in height.

5. Required publicly accessible open space may include one or more of the following types of public open spaces: park, plaza, garden, public sitting area.

XI-10-9.05 Metro Area Special Development Standards
A. R3-Metro Zone.

1. On-Site Utilities Requirements.
a. Where the allowable dwelling units ex
ceed six for a single parcel or the total area to be
subdivided exceeds three acres, all on-site utilities are to be placed underground. b. Television antennas are to be centralized for structures of four or more units.

2. Trash and Storage Areas and Areas for Colle cting and Loading Recyclable Materials. a. There shall be provided areas for collecting and loading recyclable materials in accordance with the requirements of Section 10-54.12 of this Chapter.
b. All outdoor storage and trash areas shall be wi thin a completely enclosed building or behind a solid wall or tight board fence a minimum of six feet in height.

B.
2023-2031 Housing
Element Rezone Sites. Rezone sites are listed in the City of Milpitas 2023-2031 Housing Element, Appendix E, Table E-14. Rezone sites within the Metro Specific Plan are sites R-11 to R-29, which all provide lower-income housing capacity (see City of Milpitas 2023-2031 Housing Element Table E-14 and Figures E-4 and E-5). On these rezone sites (sites R-11 to R-29), the following shall apply:

1. Owner-occupied and rental multi-family housing uses shall be allowed by right (i.e., without any discretionary review) when at least 20 percent of the units will be affordable to lower income households.

2. 100 percent residential use is allowed.

3. A minimum of 50 percent of the floor area in mi xed-use projects must be occupied by residential use(s).

C. BPRD-Metro and BPRD-R-Metro zones.

1. Fences, Hedges and Walls.
a. All planti
ng, fencing and walls for new development, including but not restricted to fences and walls along rear and interior side property lines shall be approved by the review authority.

Modifications regarding landscaping, fencing and walls at existing developed sites shall be subject to the provisions of Subsection 54.10, Fences and Walls, of this Chapter. b. Temporary buffers must be in stalled when residential uses are developed adjacent to existing industrial uses. The buffers, which may be fences, walls, or vegetation, are subject to the provisions of Subsection 54.10, Fences and Walls, of this Chapter and must be reviewed and approved by the City Planning Department. The temporary buffers may be removed if and when an adjacent site is redeveloped as a non-industrial use.

2. Utilities. All wires, pipes, cables and utility conne ctions shall be placed in underground or subsurface conduits. All above ground transformers and vaults for new development shall be adequately screened Public Draft | Milpitas New Zoning Districts | 51
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to the approval of the review authority. Modifications regarding subsurface conduits or above ground transformers and vaults at existing developed sites shall be subject to the provisions of Subsection

54.16, Trash Enclosures, Equipment and their Screening, of this Chapter.

3. Loading dock/doors. A maximum of two loading docks are allowed for any single project and must be located out of view from the primary abutting right-of-way.

4. Areas for Collecting and Loading Recyclable Materia ls. There shall be provided areas for collecting and loading recyclable materials in accordance with the requirements of Subsection 54.12, Areas for collecting and loading recyclable materials, of this Chapter.

4. Legal Nonconforming projects. Existing developm ents lawful at the time of installation or improvements which have been approved and a building permit issued prior to June 17, 1982, and installed in conformance with said approval and permit are considered legal nonconforming projects.

5. Uses in the BPRD-Metro and BPRD-R-Metro zones shall:
a. Emit no obnoxious, toxic or corrosive fumes or gases. b. Emit no odors perceptible at the property line.
c.

Emit no smoke.
d. Dischar
ge into the air no dust or other particulate matter created by any industrial operations or emanating from any products stored prior or subsequent to processing. e. Produce no heat or glare perceptible beyond the lot boundaries. f. Utilize all lighting in a manner which produces no glare on public streets or on any other parcel. g. Produce no physical vibrations percep tible at or beyond the lot boundaries. h. Produce no electromagnetic radiation or radi oactive emission injurious to human beings, animals or vegetation, except under controlled operations being conducted observing standards or methods or operation established by the Nuclear Regulatory Commission. Electromagnetic radiation or radioactive emissions shall not be of an intensity that interferes with the use of any other property.
i. Do not engage in the production or storage of an y material designed for use as an explosive, or in the use of such material in production.
j. Indicate that all industrial uses shall use only ga s, electricity, or preheated oil as a fuel; provided, however, that oil-burning equipment may be installed for stand-by emergency use only.

Equipment and Screening in all Metro Zones.

1. Trash enclosures and utility equipment (mechanical, electrical, and plum bing) may not be located within the front setback. Public utilities are excluded from this requirement.

2. All exterior equipment and enclosures shall be scr eened or incorporated into the design of buildings so as not to be visible from public rights of way or public spaces.

3. See also Subsection 54.16 – Trash Enclosures, E quipment and their Screening for standards related to equipment and screening.

XI-10-9.06 Metro Area Special Design Standards
A. All residential and residential mixed-use development must comply with the Milpitas Residential and Mixed- Use Objective Design Standards in addition to the standards of this subsection 10-9-.06. Where standards of this subsection conflict with those of the Objective Design Standards, this section supersedes. 52 | Milpitas New Zoning Districts | Public Draft
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B. All non-residential development in the BPRD-R-Metro , BPRD- Metro zones must comply with the standards of Section 10-7.05, Special Design Standards for the BPRD Zone in addition to the standards of this Subsection 10-9-.06. Where standards of this subsection conflict with those of Section 10-7.05, the more restrictive standard applies.

Block Le
ngth.

1. Blocks may not exceed 700 feet in length.

2. Blocks more than 500 feet in length must incorporate a mid-block pedestrian and bicycle through connection.

D. Building Articulation.

1. In the R3-Metro, R4-Metro and R5-Metro zones, the third floor and above must be stepped-back from the ground-floor street-facing building façade by a minimum of 8 feet.

2. In the MXD2-Metro and MXD3-Metro zones, the fourth floor and above must be stepped-back from the ground-floor street-facing building façade by a minimum of 8 feet.

3. In the BPRD-R zone, the fifth floor and above must be stepped-back from the ground-floor street-facing building façade by a minimum of 8 feet.

Figure 9.06-1: Building Step-Back

4. Non-residential building fa çades over 80 feet in length shall break up long street walls through at least two of the following features: recesses a minimum six feet in depth; awnings; colonnades; projections a minimum four feet in depth; step-backs a minimum six feet in depth; window reveals; cornice treatment; and changes in color and material.

5. Non-residential building height must vary such that the building has at least one change in height of at least one story. This may be achieved through changes in pitch, plane, orientation, a change in the number of stories, differentiated forms, projections and recesses and/or special architectural features such as towers.

E. Ground Floor Commercial Design Standards. On retail mixed use streets, and in any other areas with ground floor retail, restaurant, and commercial service uses, the following standards apply:

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1. Ground floor spaces shall be a minimum of 60 feet in depth for a minimum of 50 percent of the space, and a minimum of 40 feet in depth for any remaining space.

2. Floor to Ceiling Height.
a. Retail: Minimum 18 feet floor-to-floor and a minimum 14 feet clear. b. Office: Minimum 14 feet.

3. Building Entrances. There shall be at least one entrance per 100 feet of building frontage and the main entrance may not face a parking lot.

4. Wall Plane Articulation. Windows, doors, columns, and other features shall be recessed or project forward, such that there is a six-inch difference between wall and window surfaces and a total of at least eighteen inches from the window to the outermost plane of a wall or column.

5. Floor Elevation. Ground floor elevation shall be no more than two feet above or below the sidewalk level.

F. Building Materials.

1. Ground Floor Materials. All ground floor exterior materials shall be durable, quality materials, such as glass, concrete, precast concrete, aluminum and high quality metal panels, composite panels, stone, and stucco.

2. Non-residential Building Materials. Primary buildin g materials in all non-residential construction shall store carbon (e.g., wood, calcium carbonate-based cementitious substances, synthetic limestone).

3. Glass Materials. Glass types shall be clear glass, fr it glass, sandblasted glass, spandrel glass, or channel glass. Glazing should provide a high degree of light transmittance and be non-reflective.

4. Roofing Materials. Roof design and materials shall include vegetated roofs, high-albedo built-up roofs, high albedo single-ply roofing, metal, terracotta tile, concrete tile, composite concrete tile, skylights, solar collectors, and photovoltaics.

4. Window Materials. Vinyl-frame windows and doors are prohibited. Wood-framed windows must have metal or fiberglass cladding on the exterior. Metal-frame windows must be thermally broken.

Unit Design.

1. A minimum of
10 percent of units in any single residential project shall be designed to be accessible to all users using the principles of Universal Design.

2. Public plazas shall be constructed with ADA- compliant ramps and tactile warning strips at the crosswalks. Equipment and facilities such as tables, trash cans, restrooms, and drinking fountains should allow for universal access, including people of all ages and ability levels.

H. Landscaping and Site Design.

1. All development projects shall include on-site vegetated stormwater treatment and landscaping and shade trees at a rate of one tree per 5,000 square feet of the residential building footprint and one tree for every 10,000 square feet of developed lot area for non-residential or mixed-use development.

2. Where a creek runs under a site, the applicant must coordinate with the City Planning Department to daylight the waterway as part of the site design.

3. All applicants shall also reference the Santa Cl ara Valley Urban Runoff Pollution Prevention Program C.3 Stormwater Handbook.

I. Parks and Publicly Accessible Open Spaces.
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1. All development projects shall dedicate land for parks if a park is shown on the subject property on Figure 2-16: Existing and Proposed Parks, of the Metro Specific Plan.

2. Privately-owned public open space must remain accessible and open to the public during business hours. Private single-access gates are prohibited.

2. The Recreational Value System as described in th e Metro Specific Plan Section 2.8, Parks and Public Spaces Framework, shall be used to ensure park improvements provide a diversity of active, contemplative, and social gathering experiences.

3. Parks must be bordered by a public right-of-way such as a street, trail or railroad, on at least three sides, and must be clearly visible and accessible from all abutting rights-of-way.

4. Small neighborhood-serving parks less than one-quarter acre must be located a minimum 500 feet from Montague Expressway, the Great Mall Parkway, or any rail line.

5. Seating shall be provided in all publicly-accessible open spaces. Seating may include both moveable and fixed seating as well as seat walls, steps, boulders, and other multi-use objects and must be placed along pathways and within or near gathering spaces.

J. Common and Private Open Spaces.

1. Private open spaces may take the form of balconies, patios, gardens, porches, decks, or roof decks.

2. Usable open space surfaces may be any combination of lawn, garden, flagstone, wood planking, concrete, or other dust-free surfacing, and may not exceed 10 percent slope.

2. Universal access shall be provided to all rooftop am enities. An accessible path to a publicly accessible restroom on an adjacent floor or at the rooftop level shall be provided for any common outdoor open space on the rooftop.

3. A minimum of 10 percent of common rooftop open spaces shall be landscaped using green roofs or planters.

K. Parking Design. Where parking is required or proposed, it must comply with the following:

1. Parking location. Off-street parking must be located in:
a. Ground-floor “tuck-under” individually secured garages; b. Shared garages (podium or underground); or
c. Above-ground structures “wrapped” with habitable uses.

2. Tandem Parking. Tandem parking may be pr ovided in accordance with the following:
a. No more than two vehicles may be placed one behind the other. b. Both spaces shall be assigned to a single dw elling unit or to employees of the same non- residential establishment.
c. Each tandem parking bay must be a minimum 40 feet in length by 10 feet in width.

3. Ground-level visibility.
a. Individually secured garages. Individually secured garages shall be accessed from a shared rear or side drive aisle where such abuts the property. Where individual garages are accessed from the right-of-way, garages shall occupy no more than 50 percent of the frontage of each unit.

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Figure 9.06-2: Individual Garages
b. Structured parking. Structured parking may not be located along the ground-level building frontage unless the parking is:
i. Recessed a minimum of four feet from the rest of the building façade and screened with a living wall or textured or decorative screening; or
ii. Designed such that the parking area is locate d in a basement, where the vertical distance from grade to the finished floor directly above the parking area is a maximum of 42 inches.

Figure 9.06-3: Structured Parking Ground Level

4. Upper-level visibility. All upper-level street-facing structured parking must be screened from view from the right-of-way by at least one of the following features:
a. Regular openings designed to resemble windows of habitable spaces that do not reflect the sloping floor lines of interior parking ramps on the facade; b. A trellis or living wall; or
c. Textured or decorative screening.

5. Vehicle access. Parking must co mply with the following standards:
a. A maximum of one driveway to shared parking is permitted on street frontages up to 120 feet in length; a maximum of two shared driveways are permitted on street frontages exceeding 120 feet in length.
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b. Controlled entrances to shared parking facilities (i.e., gates, doors, etc.) shall be located a minimum of 10 feet from the back of sidewalk.
c. Vehicular entrances to parking areas shall be a minimum of 80 horizontal feet from vehicular entrances to parking areas on adjacent properties.
d. Mechanical parking lifts are allowed in all structured parking configurations.

Figure 9.06-4: Parking Access

6. Parking separation. Parking for residential units shall be physically separated from parking for non- residential uses through a controlled fence, gate, or other barrier.

L. Pedestrian and Bicycle Circulation.

1. A system of pedestrian walkways shall connect all primary buildings entrances on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas, pedestrian amenities, and transit stops.

2. Walkways shall be the shortest practical distance between the primary building entrance and sidewalk, generally no more than 125 percent of the straight-line distance.

3. Walkways must link the entrances with on-site open spaces, on-site services, and other internal facilities.

4. Walkways shall be a minimum of five feet wide, hard-surfaced, and paved with permeable materials.

5. Where a required walkway crosses a driveway, pa rking area, or loading area, it must be clearly identifiable through a raised crosswalk, a different paving material, or similar method.

6. Where a required walkway is parallel and adjacent to a vehicle travel area, it must be raised or separated from the vehicle travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

Utilities.

1. Utilities shall be placed in under ground or s
ubsurface conduits.

2. All mechanical equipment, ground transformers a nd meters shall be located and screened to minimize visual impacts.

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3. Rooftop mechanical equipment shall be concealed from street level views through roof designs that area architecturally integrated with the building, such as equipment wells and parapets.

4. Public utility distribution meters, vaults and similar installations shall be consolidated in a single area whenever possible and located away from highly visible areas such as street corners and public open spaces.

5. Backflow preventors shall be lo cated within landscaped setback areas and painted black or dark green to minimize visual impact. Where no landscaped setback areas exist the backflow preventors shall be incorporated into the front of the building to minimize visual obtrusiveness.

6. Refuse and recycling containers shall not be visible from a public or private street. Such containers shall be stored either within the parking facility of the building or within a vehicular accessway with screening designed to meet the requirements of this section.

7. Trash enclosure walls shall incorporate building materi als and colors that match the architecture of the building and be well landscaped.

8. All telecommunications antennas shall be building faca de or roof mounted and screened appropriately.

9. On Main Street only telecommunication facilities that are disguised to appear as a part of the building architecture (i.e., "stealth" antennas) may be used.

XI-10-9.07 Affordable Housing
Affordable housing units should be provided in all new housing projects consistent with Title XII, Chapter 1 (Affordable Housing Ordinance).

XI-10-9.08 Exceptions to Standards

1. Exceptions to all but the use, floor area ratio, den sity, and park land requirement regulations of this Section may be approved by the Planning Commission through approval of a Conditional Use Permit in accordance with the requirements of Section 57, Conditional Uses Permitted by Commission, of this Chapter.

2. In addition to the required findings under Chapter 57, the Planning Commission must be able to make the following two additional findings for such exceptions:
a. The exceptions meet the design in tent identified within the Zoning District and/or Specific Plan and do not detract from the overall architectural, landscaping and site planning integrity of the proposed development.
b. The exceptions allow for a public benefit not otherw ise obtainable through the strict application of the specified standard.
c. The project design in its totality does not advers ely impact adjoining properties to a greater degree than a project that complies with all development standards. Impacts to be considered include: access to sunlight, views, shadows on parks and open space, privacy, and noise. 58 | Milpitas New Zoning Districts | Public Draft
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Title XI - ZONING, PLANNING AND ANNEXATION
Chapter 10 - ZONING
Section 53 Off-Street Parking Regulations
Section 53 Off-Street Parking Regulations1
XI-10-53.01 Purpose and Intent
The following off-street parking requirements are regulations which are established in order to achieve, among others, the following purposes:

1. To establish minimum requirements for the off-street parking of motor vehicles in accordance with the use established on the property;

2. To relieve congestion on street s, and to provide more fully for movement of traffic, maneuvering of emergency vehicles or street maintenance equipment;

3. To protect neighborhoods from vehicular traffic co ngestion generated by the adjacent nonresidential uses of land; and

4. To promote the general welfare and convenience and prosperity of residential, commercial and manufacturing developments which depend upon the availability of off-street parking facilities. (Ord. No. 38.785, § 7, 4-7-09)
XI-10-53.03 Applicability
Off-street parking spaces shall be provided in accordance with the schedule in Table 53.09-31, Number of Parking Spaces Required, of this Section and improved as per Section 54.03 as a condition precedent to the occupancy of an institutional, commercial or manufacturing use and in conformance with other provisions of this Chapter:

1. Whenever a building is constructed; or

2. Whenever an existing building or use is altered, resu lting in an increase in floor area, seating capacity or other units of measurement specified herein for required parking or loading facilities; or

3. Whenever the use of an existing building is changed to a use requiring fifty percent (50%) or more off- street parking spaces, as determined by the provisions of Table 53.09-31, Number of Parking Spaces Required, of this Section.
(Ord. No. 38.785, § 7, 4-7-09)
1Editor's note(s)—Ord. No. 38.785, § 7, adopted April 7, 2009, amended the Code by repealing former Section 53, §§ XI-10-53.01—XI-10-53.23, and adding a new Section 53. Former Section 53 pertained to similar subject matter, and derived from Ord. 38, adopted March 15, 1955; Ord. 38.384, adopted October 26, 1976; Ord.

38.530, adopted July 21, 1981; Ord. 38.546, adopted May, 1982; Ord. 38.665, adopted October 29, 1991; Ord. 38.675, October 20, 1992; Ord. 38.702, adopted August 15, 1995; Ord. 38.708, adopted August 6, 1996; Ord. 38.716, adopted September 15, 1998; Ord. 38.759, adopted April 2, 2002; Ord. 38.760, adopted September 17, 2002; Ord. 38.761, adopted May 20, 2003; Ord. 38.763, adopted April 20, 2004; and Ord.

38.776, adopted March 18, 2008.

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XI-10-53.05 Maintenance of Off-Street Parking
A. Continuation of Off-Street Parkin g. All off-street parking spaces shall continue unobstructed in operation, shall not be used for vehicle repair work of any kind unless within a building, and shall not be reduced below the required size as long as the primary use remains, unless an equivalent number of spaces is provided for said use in another approved location. This does not apply to those parking spaces which are established on a voluntary basis which are in excess of the requirements of this Chapter.

B. Temporary Sales, Storage and Advertising. The sale or storage of merchandise in permissive parking areas may be allowed by the Zoning Administrator through the approval of a Minor Site Development Permit and subject to such reasonable conditions as may be deemed necessary by the Planning Commission to ensure adequate parking, access and circulation.

In no event shall any off-street parking space (permissive or otherwise) or lot be used for the stopping, standing or parking of any vehicle(s) for either the purpose of selling such vehicle (excluding an approved car sales lot), or advertising any other property, services or products on said vehicle.

C. Maintenance. All parking areas shall be kept clean and free of dirt, oil, mud or trash; pavement and striping shall be maintained in a continuous state of good repair.

D. Acknowledgment of Parking Spaces in Residential Projects. For new residential tract, multi-family or condominium projects, the amount and type of parking available to each dwelling unit shall be clearly stated within the CC&Rs in large font and bold lettering to the approval of the City Attorney or designee. (Ord. No. 38.834 , § 8, 8/20/19; Ord. No. 38.785, § 7, 4-7-09) XI-10-53.07 Types of Parking Allowed
A. Standard Parking Spaces. The number of parking spaces required for various land uses shall be as required in Table 53.09-31, Number of Parking Spaces Required. Parking spaces shall be designed as required in Subsection 53.13, Design Standards for Off-Street Parking Facilities, of this Chapter.

B. Compact Parking Spaces. For parking areas and gara ges containing ten (10) or more stalls serving the following uses in Subsection 53.07(B)(1), up to forty percent (40%) of the required and non-required stalls may be designed as compact stalls to accommodate compact cars.

1. Applicable uses.
a. Commercial us
es (CO, C1, C2, HS, TC zones).
i. Standards. Compact stalls shall be dispersed throughout the parking lot. b.

Industrial uses.
i. Research and
Development (R and D) facilities.
ii. Manufacturing facilities.
iii. Warehouse/distribution facilities.
iv. Other industrial uses deemed appr opriate by the Planning Commission. c. Multi-Family Residential uses.
i. Projects within R3, R4, and R5 zones.

2. Design Standards. See Subsection 53.13, Design Standards for Off-Street Parking Facilities, of this Section.
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C. Disabled Accessible Parking Spaces . Parking spaces for the disabled shall comply in all respects with the requirements of the California Code of Regulations (State Building Code) or Federal law, where such prevails over State law.

D. Tandem Parking Spaces.

1. Applicability. Tandem parking may be allowed with the approval of a Conditional Use Permit, in accordance with Section 57.04, Conditional Use Permits, of this Chapter.

2. Standards.
a. Maximum allowed.
i. A maximum of
seventy-five percent (75%) of parking required for residential uses may be tandem parking in projects with open structured parking facilities (e.g. single level or multi- level parking structures).
ii. A maximum of fifty percent (50%) of parking required for residential uses may be tandem parking in projects with private individual garages.
b. Tandem parking spaces shall be a maximum of two (2) parking spaces deep. c. When tandem parking spaces are used in privat e garages or other parking facilities with more than two (2) parking spaces, they shall be assigned and marked for resident use.

E. Bicycle or Motorcycle Parking Spaces. The number of parking spaces required for various land uses shall be as required in Table 53.09-31, Number of Parking Spaces Required. Parking spaces shall be designed as required in Subsection 53.13, Design Standards for Off-Street Parking Facilities, of this Chapter. (Ord. No. 38.785, § 7, 4-7-09)
XI-10-53.09 Off-Street Parking Required by Land Use
A. Enforcement and Interpretation of Parking Requirements.

1. Number of Off-Street Parking Spaces Required. The number of off-street parking spaces required for the land uses identified in the Permitted and Conditional Use Tables of this Chapter are listed in Table

53.09-31, Number of Parking Spaces Required, except where parking requirements are established in Section 13, Special Uses, of this Chapter, or exceptions to these requirements are granted in accordance with this Section.

2. Uses not specified. In the case of a use not specifically mentioned in Table 53.09-31, Number of Parking Spaces Required, or elsewhere in this Chapter, the requirements for off-street parking facilities shall be determined by the Planning Commission through the Interpretation process, in accordance with Section 61, Interpretation, of this Chapter, based on uses which create similar demands for off-street parking spaces. The Planning Commission may draw upon the experience of other local cities to make their decision.

3. New Buildings Without Tenants. If the type of tena nts that will occupy a nonresidential building, or the nonresidential portion of a mixed-use building, is not known at the time the new building is being proposed, the number of parking spaces required for the nonresidential uses will be determined through the discretionary review process.

4. Mixed occupancies and uses. When two or more uses are located in the same lot or parcel of land or within the same building, the number of off-street parking spaces required shall be the sum total of the requirements of the various individual uses computed separately in accordance with the provisions of this Section and Section 13, Special Uses, when applicable.

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Exception: For alternative parking computation in accordance with Subsection 53.11, Shared Parking, of this Chapter.

5. Measurement Standards and Definitions. For the purpose of determining off-street parking requirements, the following definitions and standards shall apply:
a. Gross Floor Area: The total of all the floors meas ured from the interior faces of the building, and outdoor areas used for retail purposes.
b. Net Floor Area (NFA): Net Floor Area shall mean the Gross Floor Areas less twenty percent (20%). c. Seat: The number of seating units installed or indi cated, or each twenty-four (24) lineal inches of benches, pews, or space for loose chairs. For places of meeting or assembly that do not include fixed seating, seven (7) square feet shall equal one (1) seat. d. Employees/students: The maximum number of employees/students on the principal shift or period.
e. Fractional Measurements: When units or meas urements determining the number of required off-street parking spaces result in a requirement of fractional space, any fraction up to and including (.49) shall be rounded down to the nearest whole number and fractions including and over (.50) shall be rounded up to the nearest whole number. For example, 7.41 would be rounded to 7 and 7.61 would be rounded to 8.

6. More than One Parking Ratio. Where more than on e (1) parking ratio is shown for a particular use, the required number of spaces shall be the total of all ratios shown. For example, the parking requirement for hotel is "1 per unit, 2 for the manager's unit." The total parking requirement for a hotel is the sum of the required parking for the units and two (2) spaces for the manager's unit.

B. Permissive Parking Facilities. Nothing in this Section shall prevent the voluntary establishment of off-street parking facilities in excess of the requirements of this Section to serve any existing use of land or buildings, provided that all regulations herein governing the location, size and access design, improvement and operation of such facilities are adhered to.

Exception: The Transit Area Specific Plan has a standard for the maximum number of parking allowed.

C. Number of Parking Spaces Required. The number of off-street parking spaces required for various land uses shall be as listed in Table 53.09-31, Number of Parking Spaces Required, except for those listed specifically elsewhere in this Chapter. Unless otherwise indicated, the parking requirements are for square feet of gross floor area occupied by the use and, in the case of nonresidential uses, include the parking required for customers and employees.

Exceptions:

1. Exception: Where a portion of a structure is used for automobile parking, that portion shall not be counted in calculating the required parking for the structure. If parking is eliminated and the space is occupied by another use, parking shall be required for the use as indicated for the use in this Chapter.

2. Metro Specific Plan Area. Off-street parking requirements and bicycle parking requirements for all uses in the Metro Specific Plan area are as follows:

Table 53.09-1
Vehicle Parking Requirements in the Metro Zones
Use Minimum Maximum1
Residential and lodging uses None 1.5 spaces per unit
Industrial uses None 2 spaces per 1,000 square feet
All other non-residential uses None 1 space per 1,000 square feet 1 Valet, tandem spaces, and mechanical lift stalls are counted as individual spaces. 62 | Milpitas New Zoning Districts | Public Draft
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Table 53.0
9-2
Bicycle Parking Requirements in the Metro Zones
Use Minimum, Long-Term Spaces Minimum, Short-Term Spaces Multi-family residential uses 0.5 spaces per bedroom 0.1 spaces per bedroom Retail uses 1 space per 10,000 square feet 1 space per 5,000 square feet Offices, Business and Professional 1.5 spaces per 10,000 square feet 1 space per 20,000 square feet All other uses None None
Table 53.0
9-3
Number of Parking Spaces Required
Use Minimum Parking Spaces Required
A. Commercial Uses
Business Support Services 1 per 350 sq. ft.

Furniture and appliance stores and other bulky item
retail; Furniture Repair and Reupholstery
1 per 350 sq. ft.

General Retail, Grocery and Convenience usesStores;
Check Cashing
1 per 200 sq. ft.

Mortuary, funeral parlor 1 per 4 seats and 1 per employee Personal Services 1 per 200 sq. ft.

Plant nursery 1 per 200 sq. ft.

Repair and Cleaning, Small Items 1 per 200 sq. ft.

B. Entertainment and Recreation
Arcade and amusement 1 per 200 sq. ft.

Billiards 1 per 200 sq. ft.

Bowling Alleys including incidental accessory uses
(eating and drinking, billiards, etc.)
6 per alley or lane
Clubs and Lodges 1 per 200 sq. ft.

Commercial Athletic Facility (indoor) 1 per 150 sq. ft.

With outdoor or indoor sports courts
Small courts (tennis, badminton) 2 per co urt plus required parking for other uses on site.

Large courts (basketball, volleyball) 5 per co urt plus required parking for other uses on site.

Golf Course 6 per hole plus parking for ancillary uses
Miniature Golf 1.25 per tee, plus 1 per employee
Motion Picture Theater (indoor) 1 per 3.5 seats
Nightclub 1 per 30 sq. ft.

C. Health and Veterinarian Uses
Convalescent Homes 1 per 2 beds or 1 per 1,000 sq. ft, whichever is greater
Hospital 1 per bed or 1 per 220 sq. ft., whichever is greater Kennel, indoor 1 per 1,000
Massage Establishments Two per treatment room or if no treatment room, one per 2 chairs or 2 tables
Medical and dental Clinic and Office 1 per 225 sq. ft.

Veterinary Clinic and Animal Grooming 1 per 250 sq. ft.

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D. Industrial Uses
Custom and artisan manufacturing, Contractor’s shop 1 per 500 sq. ft Distribution
Manufacturing
Processing/Plant (Dry-cleaning plant, photo
finishing/printing, etc.)
Warehousing, General
1 per 1,500 sq. ft.

Mini Storage 1 per 5,000 sq. ft., plus 1 per resident manager Parcel hub 1 per 2,000 sq ft plus 1 truck parking space for each delivery vehicle on-site during the peak time
Wholesale Sales 1 per 500 sq. ft.

Research and Development
Medical Laboratories
Soils and Materials Testing Laboratories
High employee demand uses
1 per 300 sq. ft.

Office space within an industrial building (to be
combined with categories above)
1 per 350 sq. ft.

E. Lodging
Extended Stay Hotels 0.7 per guest room or unit5
Hotels 0.7 per guest room5
Motels 0.7 per guest room5
F. Professional Offices, Financial Institutions and Related Uses Automated Teller Machine (free standing) 2 per machine
Financial institutions (banks, savings and loans, etc.) 1 per 180 sq. ft.

Offices, business and professional 1 per 240 sq. ft.

G. Public, Quasi-Public and Assembly Uses
Adult Day Care 1 per 500 sq. ft.

Auditoriums and theaters and places of meeting and
assembly
1 per 4 seats
Child Care Uses2, 3:

Day Care School 1 per classroo m or 1 per 500 sq. ft., whichever is greater.

Small family child care home Same as requir ed for underlying residential use Large Family Child Care Home and Child Care Centers 1 per 1.5 employees Community Center 1 per 4 fixed seats, or 1 per 6 linear feet of seating, plus 1 per 200 square feet of area without seating
but designed for meeting or assembly by guests, plus
1 per 500 sq. ft. of outdoor area developed for
recreational purposes
Community Garden Determined by Planning Director
Museums 1 per 400 sq. ft.

Public Utilities 1 per 400 sq. ft.

Religious Institutions 1 per 5 seats in the main area of assembly plus parking for classrooms and offices in this table.

Where there are no seats, then 1 seat equals 7 sq. ft.

Educational Institutions:

School-elementary (K-8 Private) 1 per classroo m, plus 1 per 240 sq. ft. of office School-secondary (9-12 Private) 1 per classroo m, plus 1 per 240 sq. ft. of office, plus 1 per 5 students
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Vocational School, including business, professional,
technical a
nd trade
1 per 200 sq. ft.

Instructional Studios (Dance, Yoga) 1 per 150 sq. ft.

Private instruction, personal enrichment (tutoring) 1 per instructional area or classroom, whichever is greater. No fewer than 3 spaces.

Stadiums and arenas 1 per 4 seats
H. Restaurants or Food Service
Banquet facilities See restaurants below
Bars, Drinking Establishments 1 per 30 sq. ft.

Catering and Commissary 1 per 300 sq. ft. floor area
Drive thru See "Vehicle Related Uses" section.

Restaurants:

Sit down:

Indoor and outdoor: 1 per 3 9 square feet of dining area.

Take out: 1 per 2. 5 seats (indoor/outdoor) plus 1 per 60 sq. ft.

GFA for the ordering or take out area.

Mobile food parks 1 per 2. 5 seats provide for on-site dining, plus 1 per 60 sq. ft. of lot area dedicated to mobile food
vending.

I. Residential Uses
Single Family and Duplexes:
3 bedrooms or fewer 2 per unit4
4 or more bedrooms 3 per unit , plus 1 per each additional bedroom4 Multi-Family (R3—R5 zones):

Studio 1 covere d per unit
1 bedroom 1.5 covered per unit
2—3 bedrooms 2 covered p er unit
4 or more bedrooms 3 per unit , plus 1 additional space for each additional bedroom (at least two covered).4
Guest parking
Projects with Parking structures 15% of the total requ ired, may be uncovered Projects with Private garages 20% of the tot al required, may be uncovered Bicycle parking 5% of th e total required
Boarding houses, dormitories, sororities and
fraternities, group living accommodations
1 per each room rented
Live-Work Units Single family and duplexes parking requirements shall apply, plus 1.5 for the commercial component
Mixed Use buildings or sites
Residential use
Studio 1 covere d per unit
1 bedroom 1.5 covered per unit
2—3 bedrooms 2 covered p er unit
4 or more bedrooms 3 per unit , plus 1 additional space for each additional bedroom (at least two covered).4
Guest parking
Projects with Parking structures 15% of the total requ ired, may be uncovered Projects with Private garages 20% of the tot al required, may be uncovered Bicycle parking 5% of total required
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Commercial use
Ground Floor Retail 1 per 250 sq. ft.

Office If building is 1,000 sq. ft. or smaller: 1 per 250 sq. ft.

If building is larger than 1,000 sq. ft.: 3.3 per 1,000 sq. ft.

Short-Term Rentals 1 per unit
Other uses Refer to specific uses within this table
Bicycle parking 5% of total required
Mobile Homes Refer to Section 13.07, Mobile Homes
Residential Care Facility 1 for every three beds
Senior Housing 1 per unit plus 2 per manager's unit
Single Room Occupancy (SRO) 1 per unit
J. Vehicle Related Uses
Auto rental agency 1 per 400 sq. ft. plus 1 per rental vehicle Auto repair (tire, oil change, smog check, etc.) 3 per service bay Car Wash 1 per 200 sq. ft. of building area and reservoir space outside of building equal to two (2) times the
maximum capacity of facility
Gas & Service Stations:

With Retail 1 per 200 sq. ft.

With Auto Repair 3 per service bay
Auto dealerships:

Sale or lease of vehicle 1 per 200 sq. ft. of showroom Office 1 per 200 sq. ft.

With Service Bays 3 per service bay
Window service or drive-thru in conjunction with any
other use
The required parking for primary use (restaurant, or
other use providing window service) plus queuing of
5 vehicles which do not interfere with any on-site
parking spaces

1 Refer to Subsection 2.03, Definitions, of this Ch apter for a full description of "Commercial Services." 2 For loading and unloading: One (1) parking space per six (6) children up to five (5) spaces and thereafter one (1) space per ten (10) children.

Driveways, garage aprons and street frontage may be counted if appropriate permits are first received when calculating spaces for child care homes. Tandem spaces are prohibited.
3 Exceptions for Child Care Requirements: The parking and loadin g/unloading requirements for child care facilities may in the Planning Commission's discretion be reduced, based on an empirical study (provided by the applicant) which establishes no adverse effect s will occur as a result. The required number of loading/unloading spaces may be reduced without a study by one (1) space for each employee permanently assigned to load and unload children from vehicles. 4 Applicable to new and existing projects being remodeled resulting in additional bedrooms submitted for approval after April 7, 2009. Existing projects or projects either entitled or submitted active planning applications prior to April 7, 2009 shall use the parking regulations in effect at the time of entitlement or application submittal. For R4, R5, MXD/MXD2/MXD3 zones, 15% guest parking is legal and conforming for projects entitled or active planning applications submitted prior to April 7, 2009. 5 Refer to Subsection XI-10-53.15, Parking Standards for Hotels and Motels, of this Chapter for allowed reductions to minimum parking requirements.
(Ord. No. 38.848 , § 9, 11/15/22; Ord. No. 38.845 , § 13, 6/21/22; Ord. No. 38.841 , § 5, 5/4/21; Ord. No. 38.835 , § 8, 3/3/20; Ord. No. 38.839 , § 14, 12/3/19; Ord. No. 38.808, § 5, 5/21/13; Ord. No. 38.785, § 7, 4/7/09) 66 | Milpitas New Zoning Districts | Public Draft
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XI-10-53.11 Shared Parking
A. Purpose and Intent. Dedicated parking areas for i ndividual uses, especially when provided in new developments, can result in less efficient land usage, lower floor area ratios, and more environmental/water quality impacts.

Shared parking is typically applied when land uses have different parking demand patterns and are able to use the same parking spaces/areas throughout the day. Shared parking is most effective when these land uses have significantly different peak parking characteristics that vary by time of day, day of week, and/or season of the year. In these situations, shared parking strategies will result in fewer total parking spaces needed when compared to the total number of spaces needed for each land use or business separately.

B. Applicability. Shared parking may be applied in the following situations:

1. In mixed-use developments, which include one or more businesses that are complementary, ancillary, or support other activities. A typical mix of uses includes, but is not limited to: residential, office, restaurants, retail, colleges, churches, cinemas, and special event situations if they can demonstrate that demand patterns vary among uses.

2. In shopping centers, when more than twenty percen t (20%) of gross leasable area is occupied by dining and entertainment uses, (not including pad restaurants, unless they are located within 300 feet of the main shopping center building) shared parking may be applied.

C. Required Review. Shared parking proposals may be allowed with the approval of a Conditional Use Permit, in accordance with Subsection 57.04, Conditional Use Permits, of this Chapter.

D. Calculation of Parking Spaces Required with Shared Parking. The minimum number of parking spaces for a mixed use development or where shared parking strategies are proposed shall be determined by a study prepared following the procedures of the Urban Land Institute Shared Parking Report, ITE Shared Parking Guidelines, or other approved procedures. A formal study may be waived for small developments where there is established experience with the land use mix and its impact is expected to be minimal. The actual number of parking spaces required shall be based on well-recognized sources of parking data such as the ULI or ITE reports. If standard rates are not available or limited, the applicant may collect data at similar sites to establish local parking demand rates. If the shared parking plan assumes use of an existing parking facility, then field surveys may be conducted to determine actual parking accumulation. If possible, these surveys should consider the seasonal peak period for the combination of land uses involved.

E. Location of Shared Parking Spaces. Shared spaces shall be located within three hundred (300) feet of the use entrances they serve. Up to fifty percent (50%) of nonresidential spaces may be provided at greater distances if dedicated shuttle bus or van service is provided. Clear, safe pedestrian connections must be provided.

F. Captive Market Parking Requirements. For uses that are considered ancillary to a larger business, no additional parking may be required. Examples of this case include a coffee or snack shop within an office or hotel development, a copy/package store within a business park or redevelopment of small retail uses in a large business district. Parking requirements for similar ancillary uses may be reduced to account for the likely cross patronage among the adjacent uses located within a maximum walking distance of three hundred (300) feet. Parking requirements may be reduced up to ninety percent (90%) as appropriate.

G. Agreement Between Sharing Property Owners. If a pa rking facility is to serve two (2) or more separate properties, a legal agreement between property owners guaranteeing access to, use of, and management of designated spaces shall be executed to the satisfaction of the City.

H. Shared Parking Plan. A shared parking plan shall be submitted to the Planning Division with the following information:

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1. Site plan and required parking calculations of parking spaces intended for shared parking and their proximity to land uses that they will serve.

2. A signage plan that directs driv ers to the most convenient parking areas for each particular use or group of uses (if such distinctions can be made).

3. A pedestrian circulation plan that shows conne ctions and walkways between parking areas and land uses. These paths should be as direct and short as possible. (Ord. No. 38.785, § 7, 4-7-09)
XI-10-53.13 Design Standards
A. Location of Parking.

1. Location of Parking in Relationship to a Use.
a. Residential Uses: Parking required for all residen tial uses shall conform with all of the following:
(i)
be located
within the same project site as the use; (ii) be less than 300 feet away from the residential unit it serves; and (iii) shall not be located on any public street, public right-of-way or in any other public area.
b. Commercial Services and Retail Stores in the Transit or Midtown Specific Plan Areas: Commercial service and retail uses may meet its parking requirements with on-street parking if the project satisfies all of the following conditions: (i) the project site is located within the Transit or Midtown Specific Plan Areas; (ii) the on-street parking space is located along the project site frontage directly serving and adjacent to the use; (iii) no more than 50 percent of the required parking spaces shall be allocated on-street unless the commercial or retail use requires ten or less parking spaces; (iv) the on-street parking space is located less than 300 feet away from the use it serves; and (v) the on-street parking space shall be designated as limited time parking in accordance with the California Vehicle Code.
c. Other Uses: Required parking for all other uses shall conform with all of the following: (i) be located within the same project site as the use; (ii) be less than 300 feet away from the use for which the parking is required, as provided for in Table 53.09-31 Number of Parking Spaces Required or Section 13, Special Uses, of this Chapter; and, (iii) shall not be located on any public street, public right-of-way or in any other public area.

2. Location of Residential Parking, Permitted. Vehicles on private property used for residential purposes shall be parked only in paved parking spaces or in driveways which comply with the following standards:
a. The driveway provides access to required parking spaces; and b. The vehicle is not blocking access to parking for other residential units.

3. Each automobile parking stall shall be so located th at no automobile is required to back onto any public street or sidewalk to leave the parking stall, parking bay or driveway except from a lot in an "R2" or more restrictive zone containing not more than two (2) dwelling units.

4. Parking Location for R5, MXD2 and MXD3 projects.
a. No parking spaces area allowed within the front or street side setback areas. b. Parking must be located be hind buildings to minimize visibility from public streets. c. At least seventy percent (70%) of the street fa cing perimeter of above-ground parking shall be wrapped with habitable space.
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Exception: Exceptions may be allowed through the approval of a Conditional Use Permit, if the design quality of the structure is equivalent to habitable space. d. Parking may be partially above grade along the street, provided that no more than four (4) feet of the structure is above grade. The above-grade area must be wrapped with continuous landscaping that screens parking garage openings.

5. Parking Structure access for R5, MXD2 and MXD3 projects. a. No more than one curb cut per street frontage is allowed. b. Parking structure entrances shall be no greater than twenty-two (22) feet wide. c. Parking structure access points shall be set back from the curb so that a car can pull up to the entry gate or ticket machine without blocking the sidewalk.

B. Parking Space Size.

1. Individual garage.
a. Each parking space with a minimum width of ten (10) feet and a minimum length of twenty (20) feet shall be required in residential garages meeting both of the following criteria:
i. The individual garage contains four (4) or fewer parking spaces; ii. The individual garage does not include circ ulation elements such as driveway aisles, but consists primarily of parking spaces.

2. Compact Spaces
a. Each stall shall be legibly marked "compact st all" or "small car" on the stall surface. Compact stalls may be used only for the above-listed buildings and uses and only within the Industrial zoning district.
b. Parking stalls shall be dispersed throughout th e parking lot and not concentrated to discourage oversized vehicles from using the stalls.

3. Tandem Spaces
a. Each residential garage tandem (two parking spaces) shall have a minimum width of ten (10) feet and a minimum length of thirty-eight (38) feet.

4. Bicycle or Motorcycle Spaces. Any existing or proposed parking facility may utilize, on a substitution basis, on-site parking spaces for bicycle or motorcycle spaces. a. Said bicycle spaces shall be raised a minimum of six (6) inches from grade of the adjacent parking facility.
b. One parking space may be omitted for each eight (8) bicycle spaces provided. c. One parking space may be omitted for ea ch two (2) motorcycle spaces provided. d. Bicycle spaces shall measure at least two (2) feet by seven (7) feet and shall be located in groups of four (4) and shall be of the following three types:
i. A rack which secures the frame, or
ii. An enclosed bike locker, or
iii. A fenced, covered, locked or guarded bike storage area. e. Motorcycle spaces shall measur e four (4) feet by eight (8) feet and shall be provided with adequate unobstructed maneuvering areas to permit easy access to the space.

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f. In no instance shall credit for motorcycle or bicycle parking or combination thereof exceed five percent (5%) of the total required parking spaces.

C. Required Improvements. All parking areas and access driveways shall have a smoothly graded, stabilized and dustless surface with adequate drainage so that injury will not be caused to adjacent properties. Bumper guards or curbs shall be provided in order to define parking spaces or limits of paved areas.

Also refer to Section 54.03 of this Chapter for Improvement of Parking Areas.

D. Screening and Landscaping. All open automobile parking areas which abut upon a public street right-of-way shall provide landscaping to a depth of at least ten (10) feet of said street right-of-way and of any adopted plan line, with openings for walkway or drive purposes. Each landscaped planter in said parking facility shall be contained with a six (6) inch raised concrete curb (extruded curbing not permitted). Installation of an irrigation system shall be provided for in each planter area.

E. Lighting. .All lights used to illuminate a parking area shall be designed, located and arranged so as to reflect the light away from any street and any adjacent premises.

F. Signs. Directional signs are permitted in parking ar eas in accordance with the adopted Sign Ordinance.

G. Fencing. A solid masonry wall a minimum height of six (6) feet shall be required on all common property lines when any parking area is established abutting residentially zoned property or property shown on the adopted General Plan as being Residential. The architectural design of said wall shall be to the approval of the Planning Commission through the Site Development Permit process in accordance with Subsection 57.03, Site Development Permits and Minor Site Development Permits, of this Chapter.

H. Angles and Dimensions

1. Vehicle Overhang. Vehicles may ov erhang two (2) feet into any landscape area or private walkway if the walkway is a minimum six (6) feet in width, but in no event shall the overhang be permitted within any public right-of-way.

2. Stall and drive aisle dimensions. The stall and drive aisle dimensions shall be as follows:

Table 53.13-1
Parking Stall and Drive Aisle Dimensions
Angle A1 Stall Width B1 Stall Depth C1 Aisle Width 1
Way
D1 Aisle Width 2
Way
E1 Curb Length
per Car
Standard size:
0° 9ʹ 9ʹ 12ʹ 16ʹ 22ʹ
45° 9ʹ 19.5ʹ 12ʹ 22ʹ 12ʹ
60° 9ʹ 21ʹ 18ʹ 22ʹ 10.5ʹ
90° 9ʹ 18ʹ 24ʹ 24ʹ 9ʹ
Compact size: [See Subsection 53.07(B)]
0° 7.5ʹ 7.5ʹ 12ʹ 15ʹ 17ʹ
45° 7.5ʹ 16ʹ 13ʹ 20ʹ 8.5ʹ
60° 7.5ʹ 17ʹ 15ʹ 20ʹ 8.5ʹ
90° 7.5ʹ 15ʹ 20ʹ 20ʹ 7.5ʹ
1 Reference to Figure 53.13-1, Parking Stall and Drive Aisle Dimensions 70 | Milpitas New Zoning Districts | Public Draft
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Figure 53.13-1
Parking Stall and Drive Aisle Dimensions

3. Backing Space in Residential Projects. A minimum unobstructed vehicular maneuvering distance of 25 feet measured from the opening of the garage or carport shall be provided, except as otherwise permitted in this section.

4. Parking Structures. The parking stall and drive aisle dimensions for Parking Structures, as defined in this Chapter, may be modified with the approval of a Conditional Use Permit in accordance with Section 57 of this Chapter.
(Ord. No. 38.815, § 2, 9-2-14; Ord. No. 38.785, § 7, 4-7-09) XI-10-53.15 Allowed Reductions to Required Parking for Lodging Uses A. Allowed Reductions to Minimum Required Parking. Th e required parking for lodging uses, including hotels, motels, and extended stay hotels, may be reduced by up to 30 percent at the discretion of the decision- making authority based on a demonstrated program to reduce demand for on-site parking and maximize the efficient use of parking areas. A reduction in required parking shall be granted based on a point system as described in Subsection XI-10-53.15.C.

B. An applicant requesting a reduction to the minimum re quired parking for a lodging use shall submit a written description of all proposed parking demand reduction and site design measures and a written justification of the anticipated reduction in parking demand that would result from implementation of such measures.

C. Point System for Calculation of Parking Reduction. The decision-making authority may grant a reduction in the required number of parking spaces for lodging uses, as outlined in Table 53.15-1, according to the total number of points scored for implementation of parking demand reduction and site design measures.

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Table 53.15-1
Point System for Parking Reduction for Lodging Uses
Total Points Allowed Parking Reduction
60 points or more 30 percent
40 points or more 20 percent
20 points or more 10 percent

1. Parking
Reduction for Lodging Near Fixed Guideway Transit. A parking reduction may be granted for a lodging establishment within one-half (0.5) mile of a fixed guideway transit station. Fixed guideway transit means a public transit facility that uses and occupies a separate right-of-way or rail line for the exclusive use of public transit vehicles (15 points).

2. On-Site Parking Demand Reductio n and Site Design Measures for Lodging Uses. Any combination of the following measures may be incorporated into the site plan and operational plan for a hotel, motel, or extended stay hotel to support a reduction in the minimum required on-site parking:
a. Shared parking agreement with owners of other property or properties in the vicinity of the lodging establishment pursuant to Subsection XI-10-53.11, Shared Parking, of this Chapter. The shared parking spaces must be located within 0.25 mile of the lodging use (10 points for a number of shared parking spaces totaling between 10 and 20 percent of the base parking space requirement for the lodging use; 15 points for a number of shared parking spaces totaling more than 20 percent of the base parking space requirement for the lodging use). b. Providing free monthly transit passes for employees. To qualify for this measure a lodging use must be located within 0.5 mile of a transit route (bus or rail) with service frequency of every 15 minutes or less between the hours of 7:00 a.m. and 7:00 p.m. (10 points). c. Providing free 24-hour airport gu est shuttle service (10 points). d. Providing free guest shuttle service to other key destinations (including but not limited to BART and VTA light rail stations, San Jose Diridon Caltrain Station, Levi's Stadium, and major commercial centers) (5 points for shuttle service serving one or two destinations, 10 points for shuttle service serving three or more destinations).
e. Providing free shared cars for guest use with de dicated, permanent on-site parking spaces for the shared cars . To qualify for this measure the lodging use must provide at least one shared car for every 50 guest rooms (when applying this calculation, any fractional number of required shared cars shall be rounded up to the nearest whole number) (10 points). f. Providing on-site, free micromobility devices for guest use. To qualify for this measure the lodging use must provide at least one shared micromobility device for every 50 guest rooms (when applying this calculation, any fractional number of required shared micromobility devices shall be rounded up to the nearest whole number). The operator of the lodging establishment shall obtain approval from the Planning Director or designee for the proposed placement and use of micromobility devices prior to commencing operations. The operator of the lodging establishment shall maintain micromobility devices in good working order at all times (5 points). g. Providing valet parking (on-site or at an off-site shared parking location) (5 points for a number of valet parking spaces totaling between 10 and 20 percent of the base parking space requirement for the lodging use; 10 points for a number of valet parking spaces totaling more than 20 percent of the base parking space requirement for the lodging use). h. Mechanical lifts for vehicles (if provided, lif ts must be operated by staff of the lodging establishment) (5 points for a number of mechanical lift spaces totaling between 10 and 20 percent of the base parking space requirement for the lodging use; 10 points for a number of 72 | Milpitas New Zoning Districts | Public Draft
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Item # 12.
mechanical lift spaces totaling more than 20 percent of the base parking space requirement for the lodging use).
i. Charging a daily fee of $25 or more for on -site parking of guest vehicles (10 points). j. Offering prepaid transit cards (Clipper) to guests (5 points). k. Featuring public transportation informatio n and links on lodging establishment's website (schedules and route maps for Valley Transportation Authority [VTA] bus and light rail and/or Bay Area Rapid Transit [BART] regional rail) (3 points).
l. Providing dedicated on-site passenger pickup/dropoff zones (3 points). m. Active marketing of guest shuttle services , on-site shared cars, and/or on-site shared micromobility devices, via the lodging establishment's website and other electronic and/or print advertising materials (3 points).
n. Other measures as preoposed by lodging establish ment operator (points to be determined by the decision-making authority based on the potential for parking demand reduction of the proposed measure).

Public Draft | Milpitas New Zoning Districts | 73
671
Item # 12.

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74 | Milpitas New Zoning Districts | Public Draft
672
Item # 12.

Section 54 General Provisions
XI-10-54.18 Reserved. 2023-2031 Housing Element Sites
A. Reused Sites. Reused sites are opportunity and rezone sites listed in the City of Milpitas 2023-2031 Housing Element, Appendix E, Tables E-13 and E-14 that are identified for lower-income housing capacity and as a 5th Cycle Housing Element site. On these reused sites, owner-occupied and rental multi-family housing uses shall be allowed by right (i.e., without any discretionary review) when at least 20 percent of the units will be affordable to lower income households.

B. Rezone Sites. Rezone sites are listed in the City of Milpitas 2023-2031 Housing Element, Appendix E, Table E- 14 that are identified for lower-income housing capacity. On these rezone sites, the following shall apply:

2. 100 percent residential use is allowed.

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

Ed
itor's note(s)—Ord. No. 38.795, § 35, adopted April 6, 2010, amended the Code by repealing former § XI-10-

54.18 in its entirety. Former § XI-10-54.18 pertained to temporary contractor's offices, and derived from Ord.

38.780 (25) (part), adopted August 19, 2008.

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673
Item # 12.

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674
Item # 12.

NEW SUBSECTION
Section 56 Nonconforming Buildings and Uses
XI-10-56.05 Nonconforming Parcels (New Subsection)
A. Legal Building Site. A nonconforming parcel that does not comply with the applicable lot requirements for the zone (e.g., lot area, lot width, etc.) in which it is located shall be considered a legal building site if it meets at least one of the following:

1. The parcel was created by a recorded subdivision;

2. The parcel is under one ownership and of record, and was legally created by a recorded deed prior to the effective date of the zoning amendment that made the parcel nonconforming; or

3. The parcel was approved through a variance procedure or resulted from a lot line adjustment.

B. Development of Legal Building Sites. A legal building site may be developed provided that any structure or development compiles with the standards for the zone unless standards are specifically waived or altered through a variance or as otherwise allowed by the zoning ordinance.

C. Subdivision or Adjustment of a Nonconforming Parcel. No subdivision or lot line adjustment shall be approved that would increase the nonconformity of an existing parcel.

Public Draft | Milpitas New Zoning Districts | 77
675
Item # 12.

M
CCAR
THY
BLV
D

LUNDY PL

DOWNING RD
M

ONTAGUE EXPY

LA HONDA DR

PIEDMONT RD

JACKLIN RD

CIELO LINDO CMN

PIMENTEL CIR

TRADE ZON E BLVD

E CALAVERAS BLVD
SUN
NYH
ILLS
DR
S
PA
RK

VICTORIA
DR
W

CALAVERAS
BLVD

CASCADITATER
ESCU
ELA
PKW
Y

MARYLINN
DR

URIDIAS RAN
CH RD

N PARK VICTORIA
DR

LONDON DR
GREAT
MA
LL
PKW
Y

MURPHY RANCH R
D

BELSHAW
DR
ALEGRA
TER

CALAVERAS RD

METROP OLITAN DR

SHAUGHNESS
Y
DR
TASMA
N D
R

C OYOTE
CREEK
WAY
JAC
KLIN
CIR

DIXON LANDING RD

KENNEDY DR

BOTHELO AVE

AYER ST

FIRE WALK

DUTTONWOODLN

S MILPITAS BLVD

S ABEL ST

NESTWOO D
WAY

RUSSELL LN

N ABEL ST

CALIFORN
IA
CIR

CAL LE MESA
ALTA

DIXON RD

LOS COCHES ST

ORNELLAS DR

DEMPSEY RD

REFLECTIONS WAY
WA

SHINGTO
N
SQ
UARE
DR

WYLIE DR

TOWNE DR

AUGUSTINE PARK

ODYSSEY LN

WATER WALK

WASHINGTON DR

JURGENS DR
POPP
Y
LN

CURRLIN
CIR

EVANS RD

STRICKROTH PARK
GEMS

TONE WAY

PINEWOOD PARK

BEN RODGERS PARK

HALL MEMORIAL PARK
STAR
LITE
DR

HEATH ST

GINGERW
OOD
DR

STRAWBERRY LN

CELEBRATION DR

GREENWOOD WAY

MANFERD ST

STARLITE PARK

LINDEN LN

SAN ANDREAS DR

MILPITAS CENTER

WOODLAND WAY

CURTIS AVE

HAMMOND WAY

JASMINE CT

ALTON ST

FALCATO
DR

BERYLWOOD LN

CORNING AVE

AUTREY ST
EDE LN
WESSEX
PL
W

CAPITOL AVE

OLD EVANS RD
DUBOIS
ST

BARBER LN

DAVID LN

BERESFORD SQ
SNELL
PL

DIEL DR

REDWOOD AVE

TOWN CENTER DR
TIMBE
R WAY

CUCIZ LN

CARDOZA PARK

SILVERLAKE
DR

TRAMWAY DR
CUESTA
DR
M
EADO
W
HAVE
N
W
AY

YOSEMITE DR

BAJA ROSE S T
CLOVER
CIR

IMAGES CIR

EDSEL D
R

BETTENCOURT WAY

TULARCITOS
DR

SANDALWOOD PARK
PA
RK
HIL
L D
R

JUNIPERO D
R

ROCKY MOUNTAIN AVE
FAIRM
EADOW
W
AY

N MAIN ST

QUAIL DR

GORDON ST

SPENCE AVE
N T
EM
PLE
DR

AU GUSTA
CT

ROSWELL DR
GERALD
C
IR
N H

ILLVIEW
DR
MARTIL
WAY

MERRY LOOP

CRESTHAVEN
ST

GLENVIEW DR
M
O
NTE DR

COMET DR

OROVILLE
RD

EAGLE RIDGE WAY

COELHO ST

ONTARIO RD
LEE
WAY

SUTTERWIND DR

COSTIGA N
CIR

FIESTA PLAZA

RAILROAD
AVE

PINARD ST

NIGHTSHADE RD

S TEMPLE DR

BALBOA DR
MILKW
EED
ST
SAGE

BRUSH ST

PESCADERO ST

PALISADES
DR

ELM AVE

PENITENCIA ST

CLEAR LAKE AVE

SKYLINE DRETHYL
ST

EASTER AVE

MILMONT DR

ANGUS DR

PIPER DR

FIRETHORN ST
DUN
DEE
AVE
STA

RLITECT

DEMPSEY WAY

ABERDEEN CT

FONTAINBLEU AVE
SA
SSONE
CT
HOUR
ET
CT

LOS PINOS AVE

PESCADERO CT

CREEKSIDE WAY
CALLE
VISTA
VERDE

SAGE CT

CALAVERAS

RIDGE D
R

CRACOLICE WAY

SUDBURY
DR

YELLOWSTONE
AVE

RIO VERDE PL

MCCANDLESS DR

TOWN CENTER

RAND ST
N
OVACT

VIENNA DR

GALINDO
CT

CAMPBELL ST

SANDALRIDGE CT
TERN
U RA
LO
OP
SU
PERIOR
R
D
LA
CR
OSSE
DR

CORTEZ ST

JACKLIN CT

SUMMERFIELD D R

SANTA RITA DR
COLUM
BUS
DR

PALMER ST

JUPITER DR

MAZEY ST

SINGLEY
DR

SERRA WAY
VENUS
W
AY

BIG BASIN DR

ASHLAND DR

WELLER LN

ARIZONA AVE

SNAP DRAGON ST
RIDGE
M
ONT
DR
BEE
CT

IMAGINATION PL

MILPITAS SQ
ROG
ER
ST

CARLSBAD CT

MESA V ERDE DR
LARC
H
ST

CONWAY ST
FAL
LEN
LEAF
DR
N
ABBOT
T
AVE
EL
CAMINO

HIGUERA

SANDALWOO
D
LN

S ABBOTT AVE
TERRA

ALTA DR

GUERRERO CT

VASONA S
T

KEVENAIRE DR

BURLEY DR

MOULTON
DR

FIELDCREST
DR

RUDYARD DR

KENISTON AVE

BLUE SPRUCE WAY

BIXBY DR

CREED ST
CALLE
DEL
SO
L

HERMINA ST

TICE DR

CANTON DR
SIM
AS
DR
HAY
CT
HAM
ILTON
AVE

SANDHURST
DR

THISTLE
PL

ALMADEN AVE

SUNFLOWER LN

INCLINECT

CALLE ORIENTE

COSTA ST

BOULDER ST

CHESTNUT AVE
WH
ITCOM
B
CT

SAGEMEA
DOW
CT
BE
LBROOK
W
AY

NORWICH AVE

N GADSDEN DR

PRINTY AVE

CEDAR WAY

SYLVIA AVE

HOLLY WAY

HORCAJO ST

PARKTOWN PLAZA

PATRICIA CT

MIDWICK DR

MT SHASTA AVE

STEMEL WAY

PACHECO DR

PRADA DR

BARKER ST
M
ADALEN
DR
UVAS
ST

TORRES AVE

PASHOTE CT

S GADSDEN DR

PLATT AVE

EAST LN

CHEWPON
AVE

CARNEGIE DR

ROSE DR

S MAIN ST

BOLTON DR

ADAMS AVE

HOURET DR

TOPAZ ST

TOPHAM C
T

LYNN AVE

BARON PL
W
OODW
ARD
DR

GARDEN ST
ALVA
REZ CT

STRICKROTH
DR

STRATFOR
D
DR

PINEWOOD WAY

MCCARTHY RANCH

ALBANY CT

HASTINGSDR

WILSON WAY

NIEVESCT
PEONY
DR

BRIAN CT
OREGON
WAY

GLADDING CT

POLARISCT

ALTAMONT DR

MUSTANG DR

KIRKWALL PL

CHYSIS RD
CHIP
MAN
DR

LANDESS
AVE

FERREIRA CT

ABERDEEN WAY

CARLSBAD
ST

VARGAS CT

ENRIQUEZ CT

BERRYESSA ST

DOLORES DR

DELANO ST

VINEYARD AVE

DONAHE DR

CHAD DR
KLAM
ATH
RD
CHERRY
CIR

BUCKEYE CT

CURTNER DR
CADEN
CE
LN

COUNTRY

CLUB DR

NIEVES ST

BUTLER ST

CARINO TER

TRAUGHBER ST
B
RYCE
CT

ARANA CT

CALYPSO
LN

HOMME WAY

PARK WILLOW CT

SUNNYHILLS
CT

BELLEW DR

PARK BROOK CT

MINNIS CIR

FRANK CT

SEPULVEDA A
VE

NICKLAUS AVE
HEM
LOCK
LN
RIESLI
NG
AVE

JOURNEY ST

SUMMERWIND WAY

BLUESPRUC
E
CT

VALLEY WAY

MANZANITA C
T
M
ATT
ERHORN
CT

WESTRIDG
E
DR

SILVERA ST

MICHAEL CT

JUNGFRAU
CT

SMITHWOOD ST
BIG
BEAR C
T
FOREST
CT

JUPITER CT

BERESFORD
CT

MERZ CT

WOODLAND
CT

FONTAINBLEU CT

ARBOR WAY

CANTERBURY PL

GROSS ST

LONETREE CT

PERRY ST
JO
SH

UATREECIR

SHENANDOAH AVE
STEM
EL
CT

SILVERLAKE CT

SINNOTT LN
TAROB
CT

SATURN CT

PASEO REFUGIO

WOODCOCK CT
FLUME
CT

HORCAJO
CIR

GOSSER ST
SARK
C T

BERRENDO DR

WHITTIER ST
RAILR
OAD C
T

BAYBERRY
W
AY

ALVAREZ CMN

PACIFICA
W
AY

WINSOR ST

TINY ST

AVIAN LN
CAMA
RILLO
CT

SILVERTIP CT

WILD ROSE WAY

CARDIFF PL

SINCLAIR
FRONT
AGE
RD

DOGWOOD ST

TECHNOLOGY DR

RANKIN DR

JASON DR

ED LEVIN PARK

ANACAPA
CT

CENTRE POINTE DR
TERRA
COTTA
CT
BLEE
CKE
R
ST

FOUNDERS
LN

CELERITY PL

CLYDE CT
E CAP

ITOL AVE
ANN PL
AARON
PARK
DR

CASCADE ST
COUR
TLAND
CT
KOVA
ND
A
W
AY

GLASGOW CT

MONTAGUE CT
DEVON
PL

HILLVIE W CT

LEVIN ST

PRINCESS PL

FALCON DR
PRADA
CT

PARC PLACE DR

CYPRESS DR

TROON CT

MIHALAKIS ST

BRIDGEWATER LN

GREENTREE WAY

SPRING VALLEY LN

FRENCH CT

EXPEDITION LN

STIRLING DR

SANGO CT

WOODRUFF WAY

DANIEL CT

SPRIG CENTER

MANZANO ST

BERKSHIRE PL
W
ELLING
TON
DR

SEAS IDE DR

WILLOW LN

HEARST DR

CAPELLA WAY

CRESCENT TE
R

ALEXANDER
WAY

EMERGENCY ACCESS RD
SA
NTOS
CT

CALAVERAS CT

KRISTIN
RIDGE
W
AY

FAIR HILL DR
ALDER
DR

GREENROCK
RD

BOND ST

EVENING STAR CT
SERPA
DR
HILL
TOP
CT

SHETLAND CT
KNOLL
VIEW
DR

SHELLEY CT
LO
CH

LOMOND CT

CADILLAC
CT

BARBER CT

PEDRO AVE

OLD CALAVERAS RD

PARK VIEW DR

BEAUMERE WAY

OLIVER ST

GIBRALTAR
CT

ELLIS AVE

MARKET ST

PARK GROVE DR

PARK HEIGHTS DR

COURTLAND
AVE

BORDER WAY
S

HILLVIEW
DR

HAZELNUT
LN

CASPER ST

CORINTHIA DR
P

E CTEN CT

VIEW DR

FARMCRE
ST
ST

CARL AVE

ELLWELL DR

FINDLEY DR

MOMENTUM DR

GIRARD DR

DALTON DR

CLAUSER DR

TAYLOR DR

VEGAS AVE

HEFLIN ST
W
ATSO
N
CT
LA BA
RE
E
DR

STULMAN DR

BRALY AVE

MAIN PL
ST

AND R EWS
CT

GOLDEN HILLS DR

LAWTON DR

MURRAY ST

TERRA BELLA DR

LYNWOOD
TER

BEACON DR

GOMES LN

KRISMER ST

BURDETT WAY

CIROLERO
ST

LAGUNA DR

GATES DR

EDGEWATER DR

FREELAND DR

WILLOW AVE

GEMMA DR

THOMPSON ST

ARMAND DR

PEPPER PL
CURR
ANT
RD

SHIRLEY DR

CARDOZA LN

HANSON CT

TURQUOISE ST

RIVERA ST

CESTARIC DR

FANYON ST
VISTA
RIDGE
DR
CH

URCHILL
DR

BUCKEYE DR

MAPLE AVE
CALERA
CREEK
HEIGH
TS
DR

KIZER ST

UNNAMED ST

BLUERIDGE
DR
W

ALNUT DR
VIDA
L ARGA
LOOP

COTTONWOOD DR

OLYMPIC DR

CANAL ST

MATTOS DR

EVERGREEN WAY

BUSKIRK ST

TASSASARA DR

CALLAN ST

AYER LN

HAZEN ST

BOYD ST
QUINCE
LN
M
O
ONBE
AM
W
AY

CLAR I DAD
LOOP
M
ONM
OUTH
DR

BIG BEND DR
RANCH
DR

PETERSBURG DR
MENTE
LIN D
A
LOOP

BLISS AVE
YO

SEMITE WAY

CANADA DR

BAYVIEW
PARK
DR

MORETTI LN

MOONLIGHT WAY

SARATOGA DR

BARCELON
A
LOOP

SU MMERWIND DR

WRIGLEY WAY

STARDUST WAY

LOS POSITOS DR

GRAND TETON DR

SUNRISE WAY

EVERGLADES DR
COYOTE
ST

GRAYSONWAY

MT RAINIER AV
E

CRATER LAKE AVE

AMES AVE

PORTOLA DR

TERRA VISTA CT

SONOMA DR

HIDDEN CREEK LN

MT DIABLO A VE

RODRIGUES AVE

STELLAR WAY

FAIRV IEW
WAY

DESERT HOLLY ST

TRENTO LOOP

FERNLEAF DR

GIBRALTAR
DR

ALCOSTA DR

ELDERBERRY DR
SELW
YN
DR

CALERO ST

SEACLIFF DR

LAS LOMAS DR

SHILOH AVE

PARVIN DR

VALENCIA DR

ELKWOOD
DR

SYCAMORE DR

TAHOE DR

BUTANO DR

THOMPSON CT

MEADOWLAND DR

WOOL DR

GREATHOUSE
DR

CALADENIA L
N

PEBBLE BEACH C
T

VISTA WAY
LEXING
TON
ST

SANDISK DR

CENTRIA LN

MERIDIAN PL
ALVISO
-

MILPITAS
RD

AMALFI LOOP

LACEY DR
N
MCCAR
THY
BLV
D

MACHADO AVE
N

MILPITAS
BLVD

COBBLESTONE
LOOP
VP 1
VP 2
VP 3
VP 4
VP
5 VP 6
VP
7 VP 8
VP 9
Legend
Zones
Single Family Residential minimum lot size 2,500 s.f. (R1-2.5) Single Family Residential minimum lot size 3,000 s.f. (R1-3) Single Family Residential minimum lot size 4,000 s.f. (R1-4) Single Family Residential minimum lot size 5,000 s.f. (R1-5) Single Family Residential minimum lot size 6,000 s.f. (R1-6) Single Family Residential minimum lot size 10,000 s.f. (R1-10) Single Family Residential with Hillside Combining District (R1-H) One or Two Family (R2)
Multi-Family Residential, High Density (R3)
Multi-Family Residential, Very High Density (R4)
Urban Residential (R5)
Mixed Use (MXD)
Mixed Use, High Density (MXD2)
Mixed Use, Very High Density (MXD3)
Administrative and Professional Offices (CO)
Neighborhood Commercial Mixed Use (NCMU)
Neighborhood Commercial (C1)
General Commercial (C2)
Highway Services (HS)
Town Center (TC)
Light Industrial (M1)
Heavy Industrial (M2)
Industrial Park (MP)
Business Park Research & Development (BPRD)
Institutional (I)
Agricultural (A)
Parks and Open Space (POS)
Waterway
Milpitas Metro Specific Plan Zones
Metro High Density Mixed Use (MXD2-Metro)
Metro Very High Density Mixed Use (MXD3-Metro)
Metro Multi-Family High Density Residential (R3-Metro)
Metro Multi-Family Very High Density Residential (R4-Metro) Metro Urban (R5-Metro)
Business Park Research & Development (BPRD-Metro)
Business Park Research & Development, Limited Residential (BPRD-R-Metro) Overlays
Freeway Corridor Overlay (FC)
High Rise Overlay (HR)
Mobile Home Park Overlay (MHP)
Office Overlay (OO)
Recreation and Entertainment Overlay (RE)
Site and Architectural Overlay (S)
Transit Oriented Development Overlay (TOD)
Other Features
Precise Plan Area
Midtown Specific Plan Area
City Boundary
Parcels
Crestline
View Points

CITY OF MILPITAS
/
0 1,000 2,000 3,000 4,000 5,000
US Feet

ZONING MAP
July 28, 2023
§¨¦
880
§¨¦
680
§¨¦
680
§¨¦
880

PUBLIC REVIEW DRAFT
676
Item # 12.

M
C
C
A
R
T
H
Y
B
L
V
D

LUNDY PL
L
A
N
D
E
S
S
A
V
E
D
O
W
N
I
N
G
R
D
M
O
N
T
A
G
U
E
E
X
P
Y

L A H O N
D
A
D
R

PIEDMONT RD
J

A C K L I N R D

CIELO LINDO CMN
E
C
A
L A
V
E
R A S
B
L V
D
P
I M
E
N
T
E
L
C
I
R
S
U
N
N
Y
H
I
L
L
S
D
R
S
P
A
R
K
V
I
C
T
O
R
I
A
D
R
W
C
A
L
A
V
E
R
A
S
B
L
V
D
N
M
I
L
P
I
T
A
S
B
L
V
D
E
S
C
U
E
L
A
P
K
W
Y
M
A
R
Y
L
I
N
N
D
R
U
R
I D
I A S
R
A
N
C
H R D
N

P A R K
V
I C
T
O
R
I
A
D
R
L
O

N D O N D
R
M
U
R
P
H
Y
R
A
N
C
H
R
D
B
E
L S
H
A
W
D
R
A
L
E
G
R
A
T
E
R
C
A
L
A
V
E
R
A S
R D
M
E
T
R O P
O
L
I T
A
N
D
R
T
A
S
M
A
N
D
R
G
R
E
A
T
M
A
L
L
P
K
W
Y
J
A
C
K
L
I
N
C
I
R
D
I X
O
N
L
A
N
D
I N
G
R
D

KENNEDY DR

BOTHELO AVE
A
Y
E
R
S
T

FIRE WALK

S MILPITAS BLVD

S ABEL ST
N
E
S
T
W
O
O
D
W
A
Y

RUSSELL LN
N
A
B
E
L
S
T
C
A
L
I
F
O
R
N
I
A
C
I
R
C
A
L
L
E M
E
S
A
A
L
T
A

DIXON RD

LOS COCHES ST
D
E
M
P
S
E
Y
R
D

WYLIE DR
P
O
P
P
Y
L
N

E V A N
S
R
D
S
T
A
R
L
I
T
E
D
R

HEATH ST
S
T
R
A
W
B
E
R
R
Y
L N
C
E
L
E B
R
A
T I O
N
D
R
G
R
E
E
N
W
O
O
D
W
A
Y

MANFERD ST

LINDEN LN
W
O
O
D
L A

N D W A Y

CURTIS AVE

HAMMOND WAY

ALTON ST
F
A
L
C
A
T
O
D
R

BERYLWOOD LN

CORNING AVE

AUTREY ST

E D E L N
W
E
S
S
E
X
P
L
W
C
A
P
I T
O
L
A
V
E

BARBER LN
D
A
V
I D
L
N

SNELL PL

DIEL DR

REDWOOD AVE
T
O
W
N
C
E
N
T E
R
D R

TIMBER WAY

CUCIZ LN

CARDOZA PARK
S
I L
V
E
R
L
A
K E D
R

T R A M
W
A Y
D R
C
U
E
S
T
A
D
R
M
E
A
D
O
W
H
A
V
E
N
W
A
Y

YOSEMITE DR

CAMERON CIR
C
L
O

V E R C
I R
I M

A G E S
C I R
E D S
E
L
D
R
T
U

L A R C I T
O
S
D
R
P
A
R
K
H
I
L
L
D
R
J
U
N
I P
E
R
O
D
R
A
S
P
E
N
R
I D
G
E
D
R
R
O
C
K
Y
M
O
U
N
T A
I N
A
V
E

N MAIN ST
Q
U
A
I L
D
R

SPENCE AVE
N
T
E
M
P
L
E
D
R
A
U
G
U
S
T
A C
T

ROSWELL DR
N
H
I
L
L
V
I
E
W
D
R
M
E R
R
Y
L
O
O
P
G
L E
N
V
I E
W
D
R
M
O
N
T
E
D
R

COMET DR
O
R

O V I L
L
E
R
D
C
O
E
L
H
O
S
T

ONTARIO RD
L
E
E
W
A
Y
S
U
T T E
R
W
I N
D
D
R

C O S T I
G
A
NCIR

RAILROAD AVE

P I N A R D
S T

MICHIGAN RD

S TEMPLE DR
B
A
L
B
O
A
D
R

PESCADERO ST

ELM AVE PENITENCIA ST
C
L E
A
R
L A
K
E
A V
E
S

K Y L I N
E
D R

EASTER AVE

MILMONT DR
A
N
G
U
S
D
R

PIPER DR

FIRETHORN ST
D
U
N
D
E
E
A
V
E

FONTAINBLEU AVE
L O S

P I N O S
A V E
C
A
L
A
V
E
R
A
S
R
I
D
G
E
D
R
S U D
B
U
R
Y
D
R
Y
E

L L O W
S
T
O
N
E
A
V
E
M
C
C
A
N
D
L
E
S
S
D
R
M
O
O
N
C
T

TOWN CENTER
R
A
N
D
S
T
G
A
L
I
N
D
O
C
T
L
A
C
R
O
S
S
E
D
R

JACKLIN CT

SUMMERFIELD DR

SANTA RITA DR
C
O
L
U
M
B
U
S
D
R

PALMER ST

DUARTE CT
J U
P
I
T
E
R
D
R

MAZEY ST
S I N
G
L E Y
D
R

SERRA WAY
V
E
N
U
S
W
A
Y

BIG BASIN DR
A
S
H
L
A
N
D
D
R

W E L L E R
L
N

ARIZONA AVE

S N A P D R A G O N
S
T
R
I
D
G
E
M
O
N
T
D
R
B
E
E
C
T

MILPITAS SQ
R
O
G
E
R
S
T
M
E
S
A
V
E
R
D
E
D
R

CONWAY ST
F
A
L
L
E
N
L
E
A
F
D
R
N
A
B
B
O
T
T
A
V
E
E
L
C
A
M
I
N
O
H
I
G
U
E
R
A
S
A
N
D
A
L
W
O
O
D
L
N

S ABBOTT AVE
V
A
S
O
N
A
S
T

KEVENAIRE DR

BURLEY DR
M
O
U
L
T
O
N
D
R
F
I E
L
D
C
R
E
S
T
D
R

RUDYARD DR

BLUE SPRUCE WAY

BIXBY DR

HERMINA ST

TICE DR
C

A N T O
N
D
R
S
I
M
A
S
D
R
H
A
Y
C
T
H
A
M
I
L
T
O
N
A
V
E
S A
N
D
H
U
R
S
T
D
R
A
L
M

A D E N A V E

I N C L I N E
C
T

CALLE ORIENTE

COSTA ST

BOULDER ST

CHESTNUT AVE
B
E
L
B
R
O
O
K
W
A
Y

N O R W
I C H
A V E
N
G
A
D
S
D
E
N
D
R

PRINTY AVE

C E D A R
W A Y

SYLVIA AVE

HORCAJO ST

PATRICIA CT
M
I D
W

I C K D R
M
T

S H A S T A
A V
E

STEMEL WAY

P A C H E C O
D R

PRADA DR

BARKER ST
M
A
D
A
L
E
N
D
R
U
V
A
S
S
T
S
G
A
D
S
D
E
N
D
R

EAST LN
C
H
E
W
P
O
N
A V E

CARNEGIE DR

ROSE DR

S MAIN ST
B
O
L
T
O
N
D
R

ADAMS AVE
H
O

U R E T D R

TOPAZ ST
T
O
P
H
A
M
C
T
L
Y
N
N
A
V
E

DENNIS AVE
B
A
R
O N
P L
E
T
H
Y
L C T
W
O
O
D
W
A
R
D
D
R

GARDEN ST
A
L
V
A
R

E Z C T
S
T
R
I
C
K
R
O
T
H
D R
S
T
R
A
T
F
O
R
D
D
R

PINEWOOD WAY
P
E
O
N
Y
D
R

BRIAN CT
O
R
E
G
O
N
W A Y

GLADDING CTP
O
L
A
R
I
S
C
T

KIRKWALL PL
C
H
Y
S
I S R
D
C
H
I
P
M
A
N
D
R
A
B
E
R
D
E
E
N
W
A Y
S
O
L
A
R
C
T

CARLSBAD ST

BERRYESSA ST

DELANO ST

D O N A H E D R

CURTNER DR

CADENCE LN
C
O
U
N
T
R
Y
C
L
U
B
D
R

N I E V E S
S
T
B
U
T
L
E
R
S
T

TRAUGHBER ST
B
R
Y
C
E
C
T

ARANA CT
H
O
M
M
E
W
A
Y

BELLEW DR

MINNIS CIR

F R A N K
C
T

PARK OAK CT
S
E
P
U
L V
E D
A
A
V
E
N
I
C
K
L
A
U
S
A
V
E
H
E
M
L
O
C
K
L N

JOURNEY ST
V
A
L
L E
Y
W
A
Y
W
E
S
T
R
I
D
G
E
D
R

SILVERA ST
M

I C H A E L C T

SMITHWOOD ST
B
I
G
B
E
A
R
C
T
F
O
R
E
S
T
C
T
M
E
R
Z C T

ARBOR WAY
G
R
O
S
S
S
T

PERRY ST

SHENANDOAH AVE
S
I
N
N
O
T T
L N
T
A
R
O
B
C
T
S A T
U
R
N
C
T
P
A
S
E
O
R
E
F
U
G
I O

WOODCOCK CT
H
O
R
C
A
J
O
C
IR

MATTHEWS CT
G
O
S
S
E
R
S
T
S
A
R
K
C
T
P
I
N
E
W
O
O
D
C
T

BERRENDO DR

WHITTIER ST
R
A
I
L
R
O
A
D
C
T

ALVAREZ CMN

TINY ST

AVIAN LN

DANIEL CT
C
A
M
A
R
I
L
L
O
C
T

CARDIFF PL
S
I
N
C
L
A
I
R
F
R
O
N
T
A
G
E
R
D

TECHNOLOGY DR

RANKIN DR

ED LEVIN PARK

A N A C A P A
C
T
C
E
N
T
R
E
P

O I N T E
D R
F
O
U
N D
E
R
S
L
N
E
C
A
P
I
T
O
L
A
V
E
ANN PL
A
A
R
O
N
P
A
R
K
D
R
H
I L
L
V

I E W C T
L
E
V
I N
S
T
D e L O N G
L
N

FALCON DR

PARC PLACE DR

CYPRESS DR

MIHALAKIS ST
G
R

E E N T R E E
W A Y

SPRING VALLEY LN
F
R
E
N
C
H
C
T

E X P E D I T I O N L N
S
T
I R
L
I N
G
D
R

WOODRUFF WAY
M
A
N
Z
A
N
O
S
T
B
E
R
K
S

H I R E
P
L
W
E
L
L
I
N
G
T
O
N
D
R

HEARST DR
C
A
P
E
L L
A
W
A
Y
A
L
E
X A
N
D
E
R
W
A
Y
A
L
D
E
R
D
R
G
R
E
E
N
R
O
C
K
R
D
B
O
N
D
S
T
S
H
E
T
L
A
N D
C T
K
N
O
L
L
V
I
E
W
D
R
L
O
C
H
L
O
M
O
N
D
C
T
C
A
D
I
L
L
A
C
C
T

O L D C A L A V
E
R
A
S
R D

OLIVER ST
G
I
B
R
A
L
T
A
R
C
T

GLACIER DR

ELLIS AVE
M
A
R
K

E T S T
C
O
U
R
T
L
A
N
D
A
V
E

S HILLVIEW DR

CASPER ST

CORINTHIA DR

VIEW DR
F
A
R
M
C
R
E
S
T
S
T

CARL AVE

FINDLEY DR

GIRARD DR

DALTON DR
C
L
A
U
S
E
R
D
R

TAYLOR DR

VEGAS AVE
H

E F L I N
S T
W
A
T
S
O
N
C
T

BRALY AVE
M
A I
N
P
L

LAWTON DR

MURRAY ST

BEACON DR

GOMES LN

KRISMER ST
C
I
R
O
L
E
R
O
S
T

L A G U N
A
D
R

GATES DR
E D
G
E W
A T
E
R
D R

WILLOW AVE
G

E M M A
D
R
T
H
O
M
P
S
O
N
S
T
A
R
M
A
N
D
D R

PEPPER PL
S H
I R
L E
Y
D
R

CARDOZA LN
H
A
N
S
O
N
C
T

TURQUOISE ST
R

I V E R A
S T

CESTARIC DR

FANYON ST
V
I
S
T
A
R
I
D
G
E
D R
C
H
U
R
C
H
I
L
L
D
R

BUCKEYE DR

MAPLE AVE
C
A
L
E
R

A C R E E K H E I G H T S D R

KIZER ST

UNNAMED ST
B
L U
E
R
I D
G
E
D
R
W
A
L
N
U
T
D
R

COTTONWOOD DR

CANAL ST
M
A
T
T
O
S D
R

BUSKIRK ST
T

A S S A S A R A D R

CALLAN ST
A
Y
E
R
L
N

HAZEN ST

BOYD ST
Q
U
I
N
C
E
L
N
M
O
O
N
B
E
A
M
W
A
Y
M
O
N
M
O
U
T
H
D
R

BIG BEND DR
R
A
N
C
H
D
R

PETERSBURG DR

BLISS AVE
Y
O
S
E
M
I
T
E
W
A Y
C
A

N A D A
D R
B

A Y V I E
W
P
A
R
K
D
R
M
O
R
E
T
T
I
L
N

MOONLIGHT WAY

SARATOGA DR
S
U
M
M

E R W I N D D R

WRIGLEY WAY

STARDUST WAY
L
O S

P O S I T O S
D R

GRAND TETON DR
C
R
E
E
K
S
I
D
E
W
A
Y

SUNRISE WAY

EVERGLADES DR
C
O
Y
O
T
E
S
T
G
R
A
Y
S
O
N
W
A
Y
M
T
R
A
I N
I E
R
A
V
E
C
R
A
T
E
R
L A
K
E
A
V
E

AMES AVE

PORTOLA DR

SONOMA DR
H
I
D
D
E
N
C
R
E
E
K
L
N
M
T
D

I A B L O
A V
E
R
O
D
R
I
G
U
E
S
A
V E
S
T
E
L
L
A
R
W
A
Y

F A I R V I E
W
W
A
Y

D E S E R T H O L L
Y
S
T
TR
E
N
T
O

L O O P

FERNLEAF DR
G
I
B
R
A
L
T
A
R
D
R

A L C O S T A
D R
S
E
L W
Y
N
D
R

CALERO ST

SEACLIFF DR
L A S

L O M A S
D R

SHILOH AVE
P
A
R
V
I N
D
R

V A L E N C I A
D R
E
L
K
W
O
O
D
D
R

SYCAMORE DR

TAHOE DR

BUTANO DR
T
H
O
M
P
S
O
N
C
T
M
E
A
D
O
W
L A N
D
D
R

WOOL DR
G
R
E
A
T
H
O
U
S
E
D
R
C
A
L
A
D
E
N
I
A
L N

P E B B L E
B E A
C
H
C
T

VISTA WAY

LEXINGTON ST

SANDISK DR

CENTRIA LN
M E R
I D
I A
N
P
L

AMALFI LOOP
L A
C
E
Y
D
R
N
M
C
C
A
R
T
H
Y
B
L
V
D

MACHADO AVE
M
O
O
N
L
I
G
H
T
CIR
CHERRY
CIR
C
O
V
E
N
T
R
Y
W
A
Y
C O
V
E
N
T
R
Y
CIR
Milpitas Proposed Zoning Changes
New Zoning District
BPRD
C2
I
MXD
NCMU
POS
R1-3
R1-6
R2
R3
MMSP Zoning
MXD2-Metro
MXD3-Metro
R3-Metro
R4-Metro
R5-Metro
BPRD-Metro
BPRD-R-Metro
Institutional
POS
Parcels
City Boundary
¯
0 0.5 1
Miles
§¨¦
880 §¨¦
680
§¨¦
680
§¨¦
880
PUBLIC REVIEW DRAFT JULY 28, 2023
677
Item # 12.
1 2
3 4
5 6
7 8
9 10
11 15
16 17
18 19
20 21
22 23

B C D E F G
City of Milpitas - Zoning Ordinance Update
Public Hearing Draft - August 2023
ERRATA and TYPOGRAPHIC ERRORS September 2023
Date of
Comment
Name of
commenter
Section/Subsection
Name
Description of Needed Edit
Notes/Proposed Edit to the Code Date edit made in
final document
Zoning Map

8.15.23 Staff/LWC
Mapping of new NCMU zone to be removed from
updated zoning map.

Mapping of NCMU zone will be
completed as part of the separate effort
to create NCMU zoning regulations and
HODs

9.12.23 Staff/LWC
1780 S. Main Street (APN 8342006) to be rezoned
to C2 (General Commercial).

This parcel should have been included
in a separate batch of City-initiated
rezonings in the South Main area
(related to a change in specific plan
boundaries), but was inadvertantly left
out. To be included in this round of
zoning map changes.

9.12.23 Staff/LWC
1430 California Circle (APN: 022-37-019) to be
rezoned to MXD, not R3 as shown
Rezoning to R3 had been proposed for
consistency with the rezoning of
adjacent residential areas (north and
south), but upon further review and
discussion, rezoning to MXD is
preferred.

9.22.23 Staff/LWC
Recreation and Entertainment (RE) Overlay zone to
be removed from all parcels to be rezoned as BPRD
(Business Park Research and Development), POS
(Park and Public Open Space), and I (Institutional).

The RE overlay effectively modifies the
allowed uses for the underlying base
zone, so it must be removed in order for
the use regulations for the BPRD, POS,
and I zones to be in effect.

Note : the RE Overlay also applies to
some properties currently zoned C2 and
HS. It will remain in effect for those
properties until the second phase of the
Zoning Ordinance Update, when use
regulations will be updated for all
zoning districts.

Section 2 - Definitions

8.25.23 Ward Mace/
Goodman
XI-10-2.03 -
Definitions
Add definition for "Data Centers"

9.11.23 Matt Taylor/ CBRE XI-10-2.03 -
Definitions
Add definition for "Distribution Facility"
Section 7 - Industrial Zones (BPRD)
Multiple Multiple
Industrial Zone Uses
Table (XI-10-7.02-1),
footnote 6
Increase proposed limitation on warehousing to 50
percent (instead of 20 percent) of floor area of
primary use
Advanced manufacturing/R&D uses
frequently require large areas for
storage of materials and/or finished
goods prior to distribution

8.25.23 Ward Mace/
Goodman
Industrial Zone Uses
Table (XI-10-7.02-1)
Add Data Centers to use table. Allow in BPRD, M1
(Light Industrial), and MP (Industrial Park) zones.

Prohibit in M2 (Heavy Industrial) zone.

9.11.23 Matt Taylor/ CBRE
Industrial Zone
Development
Standards (Table XI-
10-7.03-1
Reduce minimum floor area ratio (FAR) in BPRD to

0.45 Multiple Multiple
XI-10-7.05 - Special
Design Standards
for BPRD Zone
Some design standards would be difficult to meet
(e.g., open space requirements for large projects,
parking setback requirement and prohibition on
parking along major street frontages)
Add a provision allowing for
discretionary relaxation/ modification
of design standards with Zoning
Administrator approval

Page 1 ends

Milpitas City CouncilOctober 3, 2023

Milpitas City Council
October 3, 2023