Agenda packet — Milpitas City Council, June 4, 2024 (part 6 of 9)

City of Milpitas
Fiscal Year 2024/25 – LLMAD No. 95-1 Annual Report 14

5. METHOD OF ASSESSMENT

5.1 Introduction
The special benefits that accrue to the properties in the District are limited to those properties that abut an improved public street or which have been obligated by issuance of bonds for necessary public improvements (the “Benefited Parcels”). Other properties in the District receive only a general benefit from the work of the improvements, and there is also some general benefit that accrues to the community as a whole. As outlined in Section 4, the total amount of general benefit from the improvements is determined to be 5.04%.

The Benefited Parcels receive a special benefit proportionate to their net acreage and thus they are assessed on the basis of total net acreage for all costs associated with the maintenance and installation of the District’s improvements, with the following exceptions:
• Of the 9.12 acres of parcel 022-30-049 (sewer pump station), 5.51 acres is the pump station and is not assessable. The remaining 3.61 acres does not benefit from landscaping as much as other Benefited Parcels because it is dedicated to municipal sanitary sewer and storm facilities use and will not otherwise be developed. Therefore, it is assigned a special benefit equal to 50% of other Benefited Parcels.
• Parcel 022-30-035 (storm pump station) does not benefit from landscaping as much as other Benefited Parcels because it is dedicated to municipal sanitary sewer and storm facilities use and will not otherwise be developed. Therefore, it is assigned a special benefit equal to 50% of other Benefited Parcels.
• Parcel 022-29-037 and parcel 022-30-041 are dedicated to open space and therefore do not receive special benefit from the maintenance and improvements.

5.2 Method of Assessment Spread
The amount of assessment levied on each Benefited Parcel in the District, for Fiscal Year 2024/25, is $0.0381 per square foot. The assessment rate was determined by taking the Fiscal Year 2024/25 Net Amount to be assessed ($448,957) divided by the total net square footage of the District (11,794,540 sq. ft.).

The maximum assessment rate for Fiscal Year 2024/25 is approximately $0.0550, which is a preliminary number. Each year the maximum assessment rate per square foot is increased by the percentage change from April 1st of the prior year to April 1st of the current year in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Indexes, Pacific Cities and U.S. City Average, San Francisco-OaklandHayward. The April 1, 2024 CPI was not available at the time of writing of this report. For purposes of this report, the CPI increase was estimated by using the February 1, 2024 CPI.

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City of Milpitas
Fiscal Year 2024/25 – LLMAD No. 95-1 Annual Report 15

5.3 Maximum Assessment Rates
The following table provides the historical maximum assessment rate for Fiscal Year 2001/02 through the current fiscal year:

Fiscal Year CPI Percentage Increase(1) Assessment Rate Range (2)
2001/02 189.1 N/A $0.0120 $0.0300
2002/03 193.0 2.06% 0.0122 0.0306
2003/04 197.3 2.23% 0.0125 0.0313
2004/05 198.3 0.51% 0.0126 0.0315
2005/06 202.5 2.12% 0.0129 0.0321
2006/07 208.9 3.16% 0.0133 0.0331
2007/08 215.842 3.32% 0.0137 0.0342
2008/09 222.074 2.89% 0.0141 0.0352
2009/10 223.854 0.80% 0.0142 0.0355
2010/11 227.697 1.72% 0.0144 0.0361
2011/12 234.121 2.82% 0.0149 0.0371
2012/13 238.985 2.08% 0.0152 0.0379
2013/14 244.675 2.38% 0.0155 0.0388
2014/15 251.495 2.79% 0.0160 0.0399
2015/16 257.622 2.44% 0.0163 0.0409
2016/17 264.565 2.70% 0.0168 0.0420
2017/18 274.589 3.79% 0.0174 0.0436
2018/19 283.422 3.22% 0.0180 0.0450
2019/20 294.801 4.01% 0.0187 0.0468
2020/21 298.074 1.11% 0.0189 0.0473
2021/22 309.419 3.81% 0.0196 0.0491
2022/23 324.878 5.00% 0.0206 0.0515
2023/24 338.496 4.19% 0.0215 0.0537
2024/25 345.151 2.37%
(3) 0.0220 0.0550
(1) Percentage increase from April 1 of the prior year to April 1 of the current year in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Indexes, Pacific Cities and US City Average, San Francisco-Oakland-Hayward. (2) The left and right column indicate the minimum and maximum assessment rate, respectively. (3) The April 1, 2024 CPI was not available at the time of writing of this report. The Fiscal Year 2024/25 CPI increase was estimated using the February 1, 2024 CPI.

5.4 Appeals
Any property owner who feels that the amount of their assessment is in error as a result of incorrect information being used to apply the foregoing method of spread may file an appeal with the Finance Director of the City. Any such appeal is limited to the correction of an assessment during the current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the Finance Director shall promptly review the information provided by the property owner and if he/she finds that the assessment should be modified, he/she shall have the authority to make the appropriate changes in the assessment roll. If any such changes are provided after the assessment roll has been filed with the County for collection, the Finance Director is authorized to refund to the property owner the amount of any approved reduction.

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City of Milpitas
Fiscal Year 2024/25 – LLMAD No. 95-1 Annual Report 16

6. ASSESSMENT DIAGRAM
The following page provides a copy of the assessment diagram of the District.

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City of Milpitas
Fiscal Year 2024/25 – LLMAD No. 95-1 Annual Report 17

7. ASSESSMENT ROLL
Assessor’s parcel identification, for each lot or parcel within the District, shall be based on the Santa Clara County Assessor’s secured roll data for the applicable year in which this report is prepared and is incorporated herein by reference.

A listing of assessor’s parcels assessed within the District for Fiscal Year 2024/25, along with the assessment amounts, is on file in the office of the City Clerk and incorporated herein by reference. Based on County Assessor’s secured roll data, current assessor’s parcels, including corrected and/or new assessor’s parcels, will be submitted and/or resubmitted to the Santa Clara County Auditor/Controller. The annual assessment amount to be levied and collected for the resubmitted parcel(s) shall be determined in accordance with the method of apportionment and assessment rate approved in this report. Therefore, if a single assessor’s parcel has a status change in development, other land use change, or subdivides into multiple assessor’s parcels, the assessment amounts applied to each of the new assessor’s parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment amount.

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City of Milpitas
LLMAD No. 95-1
Final Billing Detail Report for Fiscal Year 2024/25
APN Situs Address Net Square Foot Fiscal Year 2024/25 Levy 022-29-016 301 RANCH DR 634,234 $24,141.98
022-29-034 430 N MCCARTHY BLVD 1,589,504 60,504.18
022-29-035 820 N MCCARTHY BLVD 1,363,864 51,915.20
022-29-037 565 N MCCARTHY BLVD 0 0.00
022-29-040 407N N N MCCARTHY BLVD 677,532 25,790.12
022-29-041 507N N N MCCARTHY BLVD 43,691 1,663.06
022-29-042 607N N N MCCARTHY BLVD 302,350 11,508.88
022-29-043 707 N MCCARTHY BLVD 320,732 12,208.60
022-29-044 807 N MCCARTHY BLVD 336,545 12,810.50
022-30-035 4,138 157.50
022-30-038 435,600 16,581.02
022-30-039 1207 N MC CARTHY BLVD 217,800 8,290.50
022-30-049 78,626 2,992.86
022-30-054 907 N MCCARTHY BLVD 245,330 9,338.42
022-30-055 1645 N MCCARTHY BLVD 243,936 9,285.36
022-30-056 1605 N MCCARTHY BLVD 25,875 984.90
022-30-057 1585 N MCCARTHY BLVD 137,040 5,216.38
022-30-058 0 0.00
022-30-059 0 0.00
022-53-001 275 RANCH DR 32,670 1,243.56
022-53-002 179 RANCH DR 53,579 2,039.46
022-53-003 125 RANCH DR 33,106 1,260.14
022-53-004 81 RANCH DR 26,136 994.86
022-53-005 41 RANCH DR 32,234 1,226.98
022-53-006 63 RANCH DR 51,836 1,973.14
022-53-007 11 RANCH DR 954,835 36,345.62
022-54-002 74 RANCH DR 25,265 961.68
022-54-003 84 RANCH AVE 44,431 1,691.26
022-54-008 50 RANCH DR 33,977 1,293.32
022-54-009 120 RANCH DR 368,953 14,044.12
022-54-010 110 RANCH DR 44,867 1,707.84
022-54-011 170 RANCH DR 57,064 2,172.10
022-54-012 200 RANCH DR 131,551 5,007.46
022-54-013 212 RANCH DR 10,019 381.36
022-54-014 190 RANCH DR 27,878 1,061.18
022-54-015 260 RANCH DR 77,537 2,951.42
022-54-016 12 RANCH DR 46,174 1,757.58
022-54-017 30 RANCH RD 143,312 5,455.16
022-54-018 40 RANCH DR 100,624 3,830.20
022-54-019 8,276 315.02
022-56-005 115 N MCCARTHY BLVD 88,427 3,365.94
022-56-006 135 N MCCARTHY BLVD 89,734 3,415.68
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 1 of 2 04/04/2024 11:45:38AM

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City of Milpitas
LLMAD No. 95-1
Final Billing Detail Report for Fiscal Year 2024/25
APN Situs Address Net Square Foot Fiscal Year 2024/25 Levy 022-56-007 155 N MCCARTHY BLVD 90,169 3,432.26
022-56-010 205 N MCCARTHY BLVD 1,489,899 56,712.72
022-56-011 1,075,192 40,926.98
45 Accounts 11,794,540 $448,956.50
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 2 of 2 04/04/2024 11:45:38AM

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CITY OF MILPITAS
LANDSCAPING MAINTENANCE DISTRICT (LMD) 95-1
(N.T.S.)
2024-2025 FISCAL YEAR LANDSCAPE AREA FUNDED FOR MAINTENANCE

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CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Conduct a Public Hearing and Adopt a Resolution Confirming the Assessment and Ordering the Levy for the Landscaping and Lighting Maintenance Assessment District No. 98 -1 - Sinclair Horizon for Fiscal Year 2024-25 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; Michael Silveira, City Engineer, 408-586-3303; and Roberto Alonzo, Public Works Manager – Engineering, 408-586-3316)
Category: Public Hearings-Community Development
Meeting Date: 6/4/2024
Recommendation: (1) Open the public hearing, receive any comments, and move to close the hearing following any testimony; and (2) Adopt a Resolution confirming the assessment and ordering the levy for Landscaping and Lighting Maintenance Assessment District No. 98 -1 - Sinclair Horizon for Fiscal Year 2024-25.

BACKGROUND:

The Landscaping and Lighting Maintenance Assessment District No. 98 -1 - Sinclair Horizon (LLMD 98-1 Sinclair Horizon), provides for the maintenance and improvement of public landscaping, irrigation systems, and pedestrian walking paths adjacent to Sinclair Frontage Road, and Los Coches Creek abutting the Sinclair Horizon residential subdivision in the areas as shown on the attached location map (Attachment 3).

ANALYSIS:

On May 7, 2024, the City Council adopted Resolution No. 9321 approving the Annual Engineer’s Report and Resolution No. 9322 declaring its intention to levy and collect an assessment for Fiscal Year (FY) 2024-25 for the LLMD 98 -1 Sinclair Horizon.

An annual public hearing is necessary to adopt a resolution confirming the assessment and ordering a levy for the LLMD 98 -1 - Sinclair Horizon for FY 2024-25 (Attachment 1) and the Annual Engineer’s Report (Attachment 2) to provide funds for the district. The total assessment for FY 2024-25 is $538.42 per lot, with an assessment rate not exceeding the maximum rate per lot which is $567.75. The FY 2024-25 rate is approximately 4.26% higher than the previous year’s rate of $516.44.

POLICY ALTERNATIVE(S):

Alternative 1: Not approve the Resolution for LLMD 98-1 Sinclair Horizon.

Pros: None.

Cons: If the City Council does not adopt the Resolution according to the Landscaping and Lighting Act of 1972, the City will be unable to collect assessments for the LLMD 98 -1 - Sinclair Horizon.

Reason not recommended: Staff recommends approving the Resolution confirming the assessment and ordering the levy for FY 2024-25 to allow for the continued maintenance and servicing of 98 -1 - Sinclair Horizon.

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FISCAL IMPACT:

The levy and collection of assessments provides the City with the needed resources for the maintenance and the servicing of the improvements. The FY 2024-2025 maintenance cost budget for the LLMD 98 -1 - Sinclair Horizon is estimated to be $70,183.00. The LLMD is also required to maintain an operating reserve, not to exceed the estimated maintenance costs prior to December 10th of the fiscal year, or when it expects to receive its apportionments of special assessments from the County, whichever comes first.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The levy and collection of an assessment is not considered a project under CEQA as there will be no direct or reasonably foreseeable indirect physical change in the environment.

RECOMMENDATION:

1. Open the public hearing, receive any comments, and move to close the hearing following any testimony.

2. Adopt a Resolution confirming the assessment and ordering the levy for the Landscaping and Lighting Maintenance Assessment District No. 98 -1 - Sinclair Horizon for Fiscal Year 2024-25.

ATTACHMENT(S):
a) Resolution Confirming the Assessment and Ordering the Levy b) Engineer’s Report for LLMD No. 98 -1 - Sinclair Horizon. c) Location Map

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS, CONFIRMING THE

ASSESSMENT AND ORDERING THE LEVY FOR THE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 98-1 FOR FISCAL YEAR 2024-25
WHEREAS, the City Council previously completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the “Act”) to establish the Landscaping and Lighting Maintenance Assessment District (the “Assessment District”); and
WHEREAS, the City Council has retained NBS for the purpose of assisting with the annual levy of the Assessment District, and the preparation and filing of an Annual Report; and WHEREAS, the City Council has, by previous resolution, declared its intention to hold a Public Hearing concerning the levy and collection of assessments within the Assessment District; and WHEREAS, a Public Hearing has been held and concluded and notice thereof was duly given in accordance with Section 22626 of the Act; and
WHEREAS, at the time and place specified in the Resolution of Intention the City Council conducted such hearing and considered all objections to the assessment.

NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:

1. Confirmation of Assessment and Diagram: The City Council hereby confirms the assessment and the diagram as is described in full detail in the Annual Report on file with the City Clerk.

2. Levy of Assessment: Pursuant to Section 22631 of the Act, the adoption of this resolution shall constitute the levy of an assessment for the fiscal year commencing July 1, 2024, and ending June 30, 2025.

3. Ordering of the Levy: The City Council hereby orders NBS to prepare and submit the levy of assessments to Santa Clara County for placement on the Fiscal Year 2024-25 secured property tax roll.

PASSED AND ADOPTED this _____ day of ___________, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
_____________________________ _____________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
_____________________________
Michael Mutalipassi, City Attorney

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nbsgov.com
Prepared by:

Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516
Fiscal Year 2024/25 Annual Report For:

Landscaping and Lighting Maintenance
Assessment District No. 98-1
April 2024

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CITY OF MILPITAS
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 98-1 455 East Calaveras Boulevard
Milpitas, California 95035
(408) 586-3000

CITY COUNCIL
Carmen Montano, Mayor
Evelyn Chua, Vice Mayor
Anthony Phan, Council Member
Hon Lien, Council Member
Garry Barbadillo, Council Member

CITY STAFF
Michael Silveira, PE, City Engineer
Luz Cofresi-Howe, Finance Director/Risk Manager
Christian Di Renzo, Public Works Director
NBS
Tim Seufert, Client Services Director
Amanda Welker, Project Manager
Tom Zetz, Administrator

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TABLE OF CONTENTS

1. Engineer’s Letter.............................................................................................................1

2. Plans and Specifications..................................................................................................3

2.1 Location of Improvements........................................................................................3

2.2 Landscaping Improvements......................................................................................3

2.3 Capital Improvements...............................................................................................4

2.4 Overhead...................................................................................................................4

3. Estimate of Costs............................................................................................................5

3.1 District Budget...........................................................................................................5

4. Special and General Benefit ............................................................................................7

4.1 Introduction...............................................................................................................7

4.2 Special Benefits Identified.........................................................................................7

4.3 General Benefits Identified .......................................................................................8

4.4 Quantification of Benefit...........................................................................................8

5. Method of Assessment ................................................................................................. 13

5.1 Method of Assessment Spread ...............................................................................13

5.2 Maximum Assessment Rates ..................................................................................14

5.3 Appeals....................................................................................................................14

6. Assessment Diagram..................................................................................................... 15

7. Assessment Roll............................................................................................................ 16

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City of Milpitas
Fiscal Year 2024/25 – LLMAD No. 98-1 Annual Report 1

1. ENGINEER’S LETTER
WHEREAS, in 1998, the City Council of the City of Milpitas (the “City”), State of California, under the Landscaping and Lighting Act of 1972 (the “Act”), created the City of Milpitas Landscaping and Lighting Maintenance Assessment District No. 98-1 (the “District”) to provide for the continued maintenance, operation, and administration of various improvements within the boundaries of the District; and WHEREAS, the City Council has directed NBS to prepare and file a report for Fiscal Year 2024/25 in accordance with Chapter 1, Article 4 of the Act presenting plans and specifications describing the general nature, location, and extent of the improvements to be maintained; an estimate of the costs to maintain, operate, and service the improvements for the District for the referenced fiscal year; a diagram for the District showing the area and properties to be assessed; and an assessment of the estimated costs to maintain and service the improvements, stating the net amount to be assessed upon all assessable lots or parcels within the District in proportion to the special benefit received.

NOW THEREFORE, the following assessments have been calculated in accordance with the assessment methodology adopted and approved by the City Council at the time of District formation, and are made to cover the portion of the estimated costs of maintenance, operation, and servicing of the improvements, to be paid by the assessable real property within the District in proportion to the special benefit received:

District Parcels
2024/25
Maximum Assessment
Rate per Lot(1)
2024/25
Actual Assessment
Rate per Lot
2024/25
Net Amount to be
Assessed(2)(3)
LLMAD 98-1 98 $567.75 $538.42 $52,763.20
(1) The April 1, 2024 Consumer Price Index (CPI) provided by the U.S. Bureau of Labor Statistics was not available at the time of writing of this report. The Fiscal Year 2024/25 CPI increase was estimated using the February 1, 2024 CPI. (2) Amounts placed on the tax roll include the 1% Santa Clara County Collection Fee. (3) This amount is only an estimate and does not reflect the final billed amount with rounding adjustments. Refer to Section 7 for the rounded figure.

I identified all parcels which will have a special benefit conferred upon them from the improvements described in District’s Plans and Specifications section of this Engineer’s Report (the “Benefited Parcels”).

For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy is on file in the office of the City Clerk.

I have assessed the costs and expenses of the improvements upon the Benefited Parcels. In making such assessment:
a. The proportionate special benefit derived by each Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed.

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City of Milpitas
Fiscal Year 2024/25 – LLMAD No. 98-1 Annual Report 3

2. PLANS AND SPECIFICATIONS
The District provides for the continued administration, maintenance, operation, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District.

2.1 Location of Improvements
The District is located in the City of Milpitas, bounded on the east by Sinclair Frontage Road, on the west by Berryessa Creek, and on the north by Los Coches Street. The improvements maintained include public landscaping and irrigation improvements, including jogging paths, planter walls, grass berms, and ornamental planting, which are primarily situated within the public rights-of-way and dedicated public by easements within the District.

2.2 Landscaping Improvements
The landscaping and irrigation improvements were installed within the District in order to enhance the overall visual appearance for adjacent parcels. The improvements consist of the maintenance and operation of any or all public landscaping and irrigation improvements adjacent to curbs, including asphalt concrete jogging paths, planter walls, grass berms, and appurtenant irrigation systems; ornamental planting including lawns, shrubs, and trees, including necessary repairs, replacements, water, electric current, spraying, care, supervision, debris removal and all other items of work necessary and incidental for proper maintenance and operation thereof. The landscaping and irrigation improvements are collectively referred to as “landscaping improvements.” All such work will be performed in the following areas:

2.2.1 BERRYESSA CREEK
Due to the widening of the creek, improvements in Berryessa Creek were removed. Any improvements maintained in this reach (asphalt concrete jogging path, exercise equipment, planting, and irrigation) will no longer be maintained or improved.

2.2.2 LOS COCHES CREEK

1. A strip of land 812 feet long, 14 feet in width along the south bank of Los Coches Creek adjacent to Tract 9018. The improvements include an asphalt concrete jogging path, exercise equipment, planting, and irrigation.

2. A strip of land 5.5 feet wide within the Los Coches Street right-of-way between the back of sidewalk and the right-of-way along the south side of Los Coches Street between Berryessa Creek and Sinclair Frontage Road. The improvements include planting and irrigation.

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City of Milpitas
Fiscal Year 2024/25 – LLMAD No. 98-1 Annual Report 4

2.3 Capital Improvements
In 2023, the City completed the replacement of the irrigation controller and repairs of the irrigation system along portions of Los Coches Street and Sinclair Frontage Road. The City is planning to continue planting renovations in 2025/2026..

2.4 Overhead
In addition to the hard costs of maintaining the improvements mentioned above, the City will incur costs for staff time and expenses related to the management and maintenance of the improvements within the District. Staff time includes oversight and coordination of both City and contractor provided services, annual tax roll preparation, and addressing property owner questions and concerns. These activities are directly related to the maintenance of the improvements, and without them the improvements could not be efficiently completed or properly maintained on an ongoing basis.

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City of Milpitas
Fiscal Year 2024/25 – LLMAD No. 98-1 Annual Report 5

3. ESTIMATE OF COSTS
The estimated costs of maintenance and servicing of the improvements as described in the Plans and Specifications are summarized below.

3.1 District Budget
The Fiscal Year 2024/25 estimated cost budget for the maintenance and servicing of the improvements is as follows:

Description Fiscal Year 2024/25 Budget
Maintenance Staff(1) $32,085
Capital Equipment 0
Supplies 2,898
Utilities (Water, Electricity) 11,800
Reserve Fund 0
Capital Improvement Program 23,400
Maintenance Costs 70,183
NBS $4,000
City Staff District Administration 400
County Auditor-Controller Fee(2) 500
District Specific Costs $4,900
Total District Costs $75,083
General Benefit Contribution(3) (22,318)
Operating Reserve Contribution 0
Capital Improvement Fund Contribution 0
Net Amount to be Assessed $52,765
Total District Lots 98
Rate per Lot(4) $538.42
Maximum Rate Per Lot – 2024/25
(5) $567.75
(1) The City’s Department of Public Works is the provider of Maintenance Services. (2) County Auditor-Controller Fee is currently 1% of the total levy submittal. (3) General Benefit Contribution is not applied to District Specific Costs, as these are special benefits to the District. (4) The Rate per Lot equals the Net Amount to be Assessed / Total District Lots. The Rate per Lot cannot exceed the maximum rate.
(5) The April 1, 2024 CPI was not available at the time of writing of this report. The Fiscal Year 2024/25 CPI increase was estimated by using the February 1, 2024 CPI.

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City of Milpitas
Fiscal Year 2024/25 – LLMAD No. 98-1 Annual Report 6

3.1.1 OPERATING RESERVE
It is the intent of the City to maintain an operating reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments from the County, whichever is later. The operating reserve balance information for the District is as follows:

Estimated Fiscal Year Ending 6/30/2024 Operating Reserve Cash Balance $109,925 Operating Reserve Collection for Fiscal Year 2024/25 0
Estimated Fiscal Year Ending 6/30/2025 Operating Reserve Cash Balance $109,925

3.1.2 CAPITAL IMPROVEMENT BUDGET
The City completed the replacement of the irrigation controller and repairs of the irrigation system along portions of Los Coches Street and Sinclair Frontage Road in 2023. The City is planning to continue planting renovations in 2025/2026. As of March 31, 2024, the balance available for the Capital Improvement Project was $98,000. The City will utilize these funds, along with an annual collection of $23,4000 via the District from Fiscal Year 2024/25 to Fiscal Year 2028/29, to finance the project.

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City of Milpitas
Fiscal Year 2024/25 – LLMAD No. 98-1 Annual Report 7

4. SPECIAL AND GENERAL BENEFIT
The improvements defined in Section 2 are expected to confer certain special benefits to parcels within the District. The special benefits are described in this section. Figures in this section are derived from a Special v. General Benefit Analysis performed in Fiscal Year 2014/15.

4.1 Introduction
Pursuant to Article XIIID, all parcels that receive a special benefit conferred upon them as a result of the installation, implementation and maintenance of the improvements, services and activities shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the installation, implementation and maintenance of the improvements, services and activities.

Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Proposition 218 requires that the City separate the general benefit from special benefit, so that only special benefit may be assessed to properties within the District. Furthermore, Article XIIID also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment.

4.2 Special Benefits Identified
The improvements described in Section 2 are expected to confer certain special benefits to parcels within the District. The special benefits conferred to property within the District can be grouped into two primary benefit categories: aesthetic benefit and safety benefit. The two district benefit categories are further expanded upon below.
• Improved Aesthetics: The aesthetic benefit relates to the increase in the overall aesthetics as a result of the ongoing maintenance, servicing and operation of the improvements within the District. Street landscaping improvements improve the livability, commercial activity, appearance and desirability for properties within the District. Regular maintenance ensures that the improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties adjacent to or in close proximity to the improvements. The overall appeal of the District is enhanced when improvements are in place and kept in a healthy and satisfactory condition. Conversely, appeal decreases when improvements are not well-maintained, unsafe, or destroyed by the elements or vandalism. Streetscapes have a significant effect on how people view and interact with their community1. With streetscapes that are safe and inviting, people are more likely to walk, which can help reduce automobile traffic, improve public health, stimulate local economic activity and attract residents and visitors to the community2. • Increased Safety: Well maintained areas mitigate crime, especially vandalism, and enhance pedestrian safety. A recent study found that after landscape improvements were installed, there 1 Victoria Transport Policy Institute. (2011). Community Livability. Helping to Create Attractive, Safe, Cohesive Communities. Retrieved from http://www.vtpi.org/tdm/tdm97.htm.
2 Ibid.

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City of Milpitas
Fiscal Year 2024/25 – LLMAD No. 98-1 Annual Report 8
was a 46% decrease in crash rates across urban arterial and highway sites and a second study reviewed found a 5% to 20% reduction in mid-block crashes after trees and planters in urban arterial roads were put in place. In addition, there is less graffiti, vandalism, and littering in outdoor spaces with natural landscapes than in comparable plant-less spaces3. The Victoria Transport Policy Institute has found that streetscapes reduce traffic speeds and when combined with improved pedestrian crossing conditions can significantly reduce collisions4.

4.3 General Benefits Identified
Section 4 of Article XIIID of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next “separate the general benefits from the special benefits conferred,” and only the special benefits can be included in the amount of the assessments imposed.

General benefit is an overall and similar benefit to the public at large resulting from the maintenance of the District’s improvements provided by the assessments levied. The improvements to be maintained by the District are located within the District boundaries only. There will be no District maintenance activities provided for improvements located outside of the District boundaries.

The ongoing maintenance of the District improvements will provide aesthetic and safety benefits to the property within the District. However, it is recognized that the ongoing District maintenance activities will also provide a level of benefit to some property within proximity to the District, as well as individuals passing through. Therefore, the general benefit created as a result of the District maintenance activities has been considered.

4.4 Quantification of Benefit
As a result of the maintenance and operation of the improvements, there will be a level of general benefit to people that do not live in or intend to conduct business within the District. In order for property within the District to be assessed only for that portion of special benefits received from the district’s maintenance activities, general benefits provided by the ongoing maintenance of the improvements needs to be quantified. The amount of general benefit that is provided from the District’s maintenance activities cannot be funded via property owners’ assessments.

The landscaping improvements are primarily located along Los Coches Street and Sinclair Frontage Road and within the subdivision along Los Coches Creek and Berryessa Creek. A portion of the maintained landscaping provides some general benefit to pass-thru traffic. Per the City, there is 52,912 square feet of landscaping being maintained.

Los Coches Creek and Berryessa Creek
As result of the District maintenance activities, there will be a level of general benefit to pedestrians and vehicular traffic that are not associated with property in the District. As expressed by the Court in Beutz v. 3 Wolf, Kathleen L. (2010). Safe Streets – A Literature Review. In: Green Cities: Good Health (www.greenhealth.washington.edu). College of the Environment, University of Washington.
4 Victoria Transport Policy Institute. (2011). Community Livability. Helping to Create Attractive, Safe, Cohesive Communities. Retrieved from http://www.vtpi.org/tdm/tdm97.htm.

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Fiscal Year 2024/25 – LLMAD No. 98-1 Annual Report 9
County of Riverside (2010), “... courts of this state have long recognized that virtually all public improvement projects provide general benefits." A route beginning or ending with a parcel within the District does not include the “general public” for purposes of determining general benefit. The landscaping improvements along the south side of Los Coches Creek and Berryessa Creek are local in nature, however even though they are intended primarily for localized access, there is some portion of pedestrian traffic that may not be accessing the adjacent properties. The landscaping improvements are located adjacent to the backyard of homes, and access is only available by walking or bicycling. There is no vehicular access to these improvements.

The Summary of Travel Trends, 2009 National Household Travel Survey (NHTS) prepared by the U.S.

Department of Transportation Federal Highway Administration analyzed the number of person trips by various modes of transportations such as private vehicle, transit, walking or some other means of transportation. According to the Pacific Division data extracted from the 2009 NHTS database, of the annual 181,703 (in millions) total person trips, 21,252 (in millions) or 11.70% of those person trips were made by using walking as their mode of transportation, and 2,066 (in millions) or 1.14% of those person trips were made by bicycling5.

According to the U.S. Census Bureau (2010), the average household size in the City is 3.34 persons6. Based on this average household size, and considering there are 98 residential units within the District, there are approximately 327 people residing within the District boundaries. There are an estimated 163 residential units in close proximity, but outside of the District boundaries. Based on the City’s average household size, there are approximately 544 persons residing outside of the District boundaries, but have access to the landscaping improvements.

Community
Estimated Number
of Residential Units
Estimated
Number of Persons(1)
District 98 327
Sundrop Subdivision 83 277
Sinclair Renaissance Subdivision 80 267
Total Residential Population 261 871
(1) U.S. Census Bureau (2010) average household size in the City is 3.34 persons.7 In order to determine the estimated total number of persons who are within close proximity to the landscaping improvements, and would utilize walking or bicycling as their mode of transportation, we applied the 12.84% (11.70% walking, 1.14% bicycling) of person trips reported from the NHTS Pacific Division study, to the total nearby residential population (871). There are approximately 112 people within close proximity of the District that utilize walking or bicycling as their mode of transportation.

In order to determine the portion of the 112 persons that reside within the District, we applied the 2009 NHTS walking trip percentage (12.84%) to the District population (327). Approximately 42 people within the 5 U.S Department of Transportation. Federal Highway Administration. (2011). Summary of Travel Trends: 2009 National Household Travel Survey. (Report No. FHWA-PL-11-022). Retrieved from http://nhts.ornl.gov 6 U.S. Census Bureau. (2010). Profile of General Population and Housing Characteristics: 2010, 2010 Demographic Profile Data. Milpitas, C.A. Retrieved March 23, 2015, http://quickf acts.census.gov/qf d/states/06/0647766.html 7 Ibid.

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Fiscal Year 2024/25 – LLMAD No. 98-1 Annual Report 10
District boundaries use walking or bicycling as their primary mode of transportation. Therefore, the total surrounding neighborhood area population, located outside of the District boundaries, but in close proximity the landscaping improvements, that uses walking or bicycling as their primary mode of transportation is estimated to be 70 people.

Community
Estimated Number of
Persons
District 42
Sundrop Subdivision 36
Sinclair Renaissance Subdivision 34
Walking or Bicycling Population 112
In order to obtain a better picture of the overall level of general benefit provided by the landscaping improvements, the pedestrian traffic that utilizes walking or bicycling as the mode of transportation that will seek out and use the District improvements, but live outside of the District, must be considered. The 2009 NHTS further details the purposes of the reported walking (21,252 in millions) and bicycling (2,066 in millions) trips; based on the property types people entering the District would most likely do so for social or recreational activities.

The following details the number of walking and bicycling trips, based on the 2009 NHTS study, for each of the activities that are the most likely reasons people outside of the District would use the landscaping improvements:

Trip Purpose
Number of Walking or
Bicycling Trips (in millions)
Social/Recreational 6,442
Total 6,442
Of the total number of walking and bicycling trips reported, 6,442 (in millions) or 27.63% are for purposes that persons outside of the District may use the landscaping improvements. Applying this percentage (27.63%) to the number of people walking or bicycling as their mode of transportation and that reside outside of the District (70), there are approximately 19 people (general benefit) that may use the landscaping improvements, but do not reside within the District. Taking the 19 people that may walk or bicycle, but reside outside of the District, divided by total residential population with access to the landscaping improvements (871), the estimated percentage of persons, engaging in what is considered general benefit because they do not reside within the District, represents 2.21%.

Los Coches Street and Sinclair Frontage Road
The City does not have a study showing traffic volume along Los Coches Street and Sinclair Frontage Road along the District boundaries. The portion of the maintained landscaping that is located along Los Coches Street and Sinclair Frontage Road provides some general benefit to pass-through traffic. Before the determination and allocation of the percentage of special and general benefit for the District can be made, the estimated pass-through traffic must be computed. The pass-through trips are vehicles driving along the

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Fiscal Year 2024/25 – LLMAD No. 98-1 Annual Report 11
maintained streets within the District for a portion of their trips, but not living or conducting business in the District and benefiting from the landscaping improvements in place.

The Sundrop and Sinclair Renaissance residential communities are located directly across the street and next to the District, and vehicles entering and/or exiting these communities in all likelihood are passing by a portion of the landscaping improvements for a portion of their trip. In lieu of having a study that identifies the pass-through traffic, the estimated number of trips generated for each community has been calculated based on the number of units and average number of trips per dwelling unit.

Community
Number of
Residential Units(1)
Estimated Number of
Daily Vehicle Trips(2)
% of Total Daily
Vehicle Trips(3)
District 98 933.0 44.34%
Sundrop Subdivision 83 790.2 37.56%
Sinclair Renaissance Subdivision 80 380.8 18.10%
Total 261 2,104.0 100.00%
(1) Number of Residential Units is from the City’s Approved Projects map.8 (2) Per the ITE Trip Generation Report a single family residence generates an average of 9.52 trips per dwelling unit.9 (3) Number of daily trips has been reduced by 50% to account for vehicles entering and exiting the community from the opposite direction on Sinclair Frontage Road, and not driving along the portion of Los Coches Street and Sinclair Frontage Road with landscaping improvements maintained by the District.

As detailed above, based on the average number of daily vehicle trips generated for the communities in close proximity to the District, 1,171 (55.66%) are generated by residential units located outside of the District (general benefit).

All Locations and Landscaping Improvements – Residential Pass-thru Benefit The general benefit percentages determined in the previous sections for Los Coches Creek and Berryessa Creek (2.21%) and Los Coches Street and Sinclair Frontage Road (55.66%) were then applied to each corresponding location with landscaping improvements. The landscaping square footage being maintained by the District was provided by the City’s Public Works Department. The general benefit percentage for each street type was multiplied by the total square footage being maintained for such street. The general benefit square footage was summed for all street segments and divided into the total square footage of all landscaping maintenance. The result is the combined general benefit percentage. The following table details this calculation.

Street Name
Total Square
Footage
General Benefit
Percentage
General Benefit Square
Footage
Los Coches Creek 4,572 2.21% 101
Berryessa Creek 21,025 2.21% 465
Los Coches Street 24,747 55.66% 13,773
Sinclair Frontage 2,568 55.66% 1,429
Totals: 52,912 15,768
Landscaping General Benefit 29.80%
8 City of Milpitas. (2013). Approved Development Projects. Retrieved from http://www.ci.milpitas.ca.gov/government/planning/proj_approved.asp 9 Trip Generation, 9th Edition: An Informational Report of the Institute of Transportation Engineers. (2012). Washington, DC: Institute of Transportation Engineers.

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Fiscal Year 2024/25 – LLMAD No. 98-1 Annual Report 12
Based on the above calculations, the general benefit portion of the improved aesthetics and increased safety resulting from the landscaping improvements is estimated to be 29.80%.

Public at Large General Benefit
Given the location and nature of the improvements, it is very unlikely the public at large would seek out or use the landscaping improvements within the District. In addition, there are more direct routes to access the industrial complexes/businesses located to the south of the District than the 2 lane Los Coches Street and Sinclair Frontage Road. Nevertheless, it is perceivable that members of the public at large may passthru a portion of the landscaping improvements, even if it’s lost or leisure traffic. As such, general benefit of 2.00% has been assigned for the landscaping improvements to the public at large

4.4.1 COLLECTIVE DISTRICT-WIDE GENERAL BENEFIT
Since the District is comprised of improved aesthetics and increased safety benefits resulting from the collective landscaping improvements, the activity of both pedestrians and vehicles, and the public at large must be addressed in a collective form rather than independently. The sum of the calculated general benefits is the total general benefit related to all pass-thru traffic. This general benefit result is provided in the table below:

Residential Pass-thru General Benefit 29.80%
Public at Large General Benefit 2.00%
Total General Benefit 31.80%
The general benefit, which is the percentage of the total budget that must be funded through sources other than assessments, is 31.80%. The special benefit then, which is the percentage of the budget that may be funded by assessments, is 68.20%.

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City of Milpitas
Fiscal Year 2024/25 – LLMAD No. 98-1 Annual Report 13

5. METHOD OF ASSESSMENT

5.1 Method of Assessment Spread
All parcels in the District on which residential dwellings will be constructed specially benefit from the improvements to an equivalent extent. These parcels are therefore assessed on a per lot basis for the maintenance and operation of the District, including incidentals and appurtenances, and will include all the costs of maintenance and/or operating the improvements. As outlined in Section 4, the total amount of general benefit from the improvements is determined to be 31.80%.

The preliminary maximum assessment rate for Fiscal Year 2024/25 is $567.75. The actual assessment rate levied on each taxable parcel for Fiscal Year 2024/25 is $538.42.

Each year the maximum assessment rate shall be increased by the percentage change from April 1st of the prior year to April 1st of the current year by the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Indexes, Pacific Cities and U.S. City Average, San Francisco-Oakland-Hayward. The April 1, 2024 CPI was not available at the time of writing of this report. For purposes of this report, the CPI increase was estimated by using the February 1, 2024 CPI.

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Fiscal Year 2024/25 – LLMAD No. 98-1 Annual Report 14

5.2 Maximum Assessment Rates
The following table provides the historical maximum assessment rates for Fiscal Year 2000/01 through the current fiscal year:

Fiscal Year CPI Percentage Increase(1) Maximum Rate
2000/01 178.7 N/A $292.803
2001/02 189.1 5.82% 309.844
2002/03 193.0 2.06% 316.234
2003/04 197.3 2.23% 323.280
2004/05 198.3 0.51% 324.918
2005/06 202.5 2.12% 331.800
2006/07 208.9 3.16% 342.286
2007/08 215.842 3.32% 353.661
2008/09 222.074 2.89% 363.872
2009/10 223.854 0.80% 366.789
2010/11 227.697 1.72% 373.086
2011/12 234.121 2.82% 383.611
2012/13 238.985 2.08% 391.581
2013/14 244.675 2.38% 400.904
2014/15 251.495 2.79% 412.079
2015/16 257.622 2.44% 422.118
2016/17 264.565 2.70% 433.494
2017/18 274.589 3.79% 449.919
2018/19 283.422 3.22% 464.392
2019/20 294.801 4.01% 483.037
2020/21 298.074 1.11% 488.400
2021/22 309.419 3.81% 506.988
2022/23 324.878 5.00% 532.318
2023/24 338.496 4.19% 554.632
2024/25 345.151 2.37%
(2) 567.755
(1) Percentage increase from April 1 of the prior year to April 1 of the current year in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index, Pacific Cities and US City Average, San Francisco-Oakland-Hayward. (2) The April 1, 2024 CPI was not available at the time of writing of this report. The Fiscal Year 2024/25 CPI increase was estimated using the February 1, 2024 CPI.

5.3 Appeals
Any property owner who feels that the amount of their assessment is in error as a result of incorrect information being used to apply the foregoing method of spread, may file an appeal with the Finance Director of the City. Any such appeal is limited to correction of an assessment during the current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the Finance Director shall promptly review the information provided by the property owner and if he/she finds that the assessment should be modified, he/she shall have the authority to make the appropriate changes in the assessment roll. If any such changes are provided after the assessment roll has been filed with the County for collection, the Finance Director is authorized to refund to the property owner the amount of any approved reduction.

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City of Milpitas
Fiscal Year 2024/25 – LLMAD No. 98-1 Annual Report 15

6. ASSESSMENT DIAGRAM
The following page provides a copy of the assessment diagram of the District.

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City of Milpitas
Fiscal Year 2024/25 – LLMAD No. 98-1 Annual Report 16

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City of Milpitas
LLMAD No. 98-1
Final Billing Detail Report for Fiscal Year 2024/25
APN Assessment ID Situs Address Fiscal Year 2024/25 Levy 086-48-001 1 872 CAMERON CIR $538.40
086-48-002 2 868 CAMERON CIR 538.40
086-48-003 3 864 CAMERON CIR 538.40
086-48-004 4 860 CAMERON CIR 538.40
086-48-005 5 856 CAMERON CIR 538.40
086-48-006 6 852 CAMERON CIR 538.40
086-48-007 7 848 CAMERON CIR 538.40
086-48-008 8 844 CAMERON CIR 538.40
086-48-009 9 840 CAMERON CIR 538.40
086-48-010 10 836 CAMERON CIR 538.40
086-48-011 11 832 CAMERON CIR 538.40
086-48-012 12 828 CAMERON CIR 538.40
086-48-013 13 824 CAMERON CIR 538.40
086-48-014 14 820 CAMERON CIR 538.40
086-48-015 15 816 CAMERON CIR 538.40
086-48-016 16 812 CAMERON CIR 538.40
086-48-017 17 808 CAMERON CIR 538.40
086-48-018 18 804 CAMERON CIR 538.40
086-48-019 19 800 CAMERON CIR 538.40
086-48-020 20 1004 CAMERON PL 538.40
086-48-021 21 1000 CAMERON PL 538.40
086-48-022 22 996 CAMERON PL 538.40
086-48-023 23 992 CAMERON CIR 538.40
086-48-024 24 988 CAMERON CIR 538.40
086-48-025 25 984 CAMERON CIR 538.40
086-48-026 26 980 CAMERON CIR 538.40
086-48-027 27 976 CAMERON CIR 538.40
086-48-028 28 972 CAMERON CIR 538.40
086-48-029 29 968 CAMERON CIR 538.40
086-48-030 30 964 CAMERON CIR 538.40
086-48-031 31 960 CAMERON CIR 538.40
086-48-032 32 956 CAMERON CIR 538.40
086-48-033 33 952 CAMERON CIR 538.40
086-48-034 34 948 CAMERON CIR 538.40
086-48-035 35 944 CAMERON CIR 538.40
086-48-036 36 940 CAMERON CIR 538.40
086-48-037 37 936 CAMERON CIR 538.40
086-48-038 38 932 CAMERON CIR 538.40
086-48-039 39 928 CAMERON CIR 538.40
086-48-040 40 924 CAMERON CIR 538.40
086-48-041 41 920 CAMERON CIR 538.40
086-48-042 42 916 CAMERON CIR 538.40
Slight variances may occur due to rounding
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City of Milpitas
LLMAD No. 98-1
Final Billing Detail Report for Fiscal Year 2024/25
APN Assessment ID Situs Address Fiscal Year 2024/25 Levy 086-48-043 43 912 CAMERON CIR 538.40
086-48-044 44 908 CAMERON CIR 538.40
086-48-045 45 904 CAMERON CIR 538.40
086-48-046 46 900 CAMERON CIR 538.40
086-48-047 47 896 CAMERON CIR 538.40
086-48-048 48 892 CAMERON CIR 538.40
086-48-049 49 888 CAMERON CIR 538.40
086-48-050 50 884 CAMERON CIR 538.40
086-48-051 51 880 CAMERON CIR 538.40
086-48-052 52 876 CAMERON CIR 538.40
086-48-053 53 899 CAMERON CIR 538.40
086-48-054 54 903 CAMERON CIR 538.40
086-48-055 55 907 CAMERON CIR 538.40
086-48-056 56 911 CAMERON CIR 538.40
086-48-057 57 915 CAMERON CIR 538.40
086-48-058 58 211 CAMERON CT 538.40
086-48-059 59 203 CAMERON CT 538.40
086-48-060 60 195 CAMERON CT 538.40
086-48-061 61 200 CAMERON CT 538.40
086-48-062 62 208 CAMERON CT 538.40
086-48-063 63 216 CAMERON CT 538.40
086-48-064 64 207 WHITE CT 538.40
086-48-065 65 199 WHITE CT 538.40
086-48-066 66 191 WHITE CT 538.40
086-48-067 67 183 ALLEN CT 538.40
086-48-068 68 175 ALLEN CT 538.40
086-48-069 69 180 ALLEN CT 538.40
086-48-070 70 188 ALLEN CT 538.40
086-48-071 71 196 WHITE CT 538.40
086-48-072 72 204 WHITE CT 538.40
086-48-073 73 212 WHITE CT 538.40
086-48-074 74 203 KING CT 538.40
086-48-075 75 195 KING CT 538.40
086-48-076 76 187 KING CT 538.40
086-48-077 77 179 BRANDT CT 538.40
086-48-078 78 171 BRANDT CT 538.40
086-48-079 79 176 BRANDT CT 538.40
086-48-080 80 184 BRANDT CT 538.40
086-48-081 81 192 KING CT 538.40
086-48-082 82 200 KING CT 538.40
086-48-083 83 208 KING CT 538.40
086-48-084 84 199 DOUGLAS CT 538.40
Slight variances may occur due to rounding
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City of Milpitas
LLMAD No. 98-1
Final Billing Detail Report for Fiscal Year 2024/25
APN Assessment ID Situs Address Fiscal Year 2024/25 Levy 086-48-085 85 191 DOUGLAS CT 538.40
086-48-086 86 183 DOUGLAS CT 538.40
086-48-087 87 175 HOBBS CT 538.40
086-48-088 88 167 HOBBS CT 538.40
086-48-089 89 174 HOBBS CT 538.40
086-48-090 90 182 HOBBS CT 538.40
086-48-091 91 190 DOUGLAS CT 538.40
086-48-092 92 198 DOUGLAS CT 538.40
086-48-093 93 206 DOUGLAS CT 538.40
086-48-094 94 991 CAMERON CIR 538.40
086-48-095 95 995 CAMERON CIR 538.40
086-48-096 96 811 CAMERON CIR 538.40
086-48-097 97 815 CAMERON CIR 538.40
086-48-098 98 831 CAMERON CIR 538.40
98 Accounts $52,763.20
Slight variances may occur due to rounding
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CITY OF MILPITAS
LANDSCAPING MAINTENANCE DISTRICT (LMD) 98-1
(N.T.S.)
S T
2024-2025 FISCAL YEAR LANDSCAPE AREA FUNDED FOR MAINTENANCE

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CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Conduct a Public Hearing and Adopt a Resolution Approving General Plan Amendment GP24-0002 and an Ordinance Approving Zoning Text and Zoning Map Amendment ZA24-0002 to create the new Business Park Research and Development Zone and Metro Area Zones (Staff Contact: Jay Lee, Planning Director, 408-586-3077)
Category: Community Development
Meeting Date: 6/4/2024
Recommendation: Conduct a public hearing and determine that the EIR Addendum adequately analyzes the potential environmental impacts associated with the proposed General Plan and Zoning Amendments and is in compliance pursuant to CEQA Guidelines §15162 and §15164; adopt a resolution approving General Plan Amendment No. GP24-0002; and adopt Ordinance No. 38.855 approving Zoning Text and Zoning Map Amendment No.

ZA24-0002 to create the new Business Park Research and Development Zone and Metro Area Zones.

BACKGROUND:

This staff report presents work completed during the first phase of the comprehensive zoning update project, which focuses on the essential updates to the Zoning Ordinance and map needed to implement the land use policies in the recently updated General Plan and adopted Milpitas Metro Specific Plan. This includes creation of new zoning districts (Business Park Research and Development Zone, Metro Area Zones) and updates to the citywide zoning map to bring the zoning of all parcels in the City into consistency with their land use designations in the General Plan and Metro Specific Plan.

In addition to the proposed Zoning Ordinance text amendments and zoning map amendments, work completed during Phase 1 of the zoning update identified several minor amendments that must be made to the General Plan Land Use Element (text and map) to achieve consistency between the General Plan, Zoning Ordinance, and zoning map.

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 General Plan regarding 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 Zoning Ordinance addresses 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.

In 2021, the City completed a comprehensive update to its general plan, titled the Milpitas 2040 General Plan.

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 the code achieves the type of development that will carry out the vision set forth in the General Plan. The zoning update will ensure the code implements the

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policies and actions in the General Plan for land use, community design, economic development, conservation and sustainability, and community health and wellness.

The City and its consultant, Lisa Wise Consulting (LWC), commenced work on the zoning update project in February 2023. The full project will take approximately two and a half years to complete. The first phase of this work focuses on the priority tasks related to General Plan consistency, including the creation of new zoning districts, with related regulations, and updates to the zoning map. The second phase, which is anticipated to be completed in the summer of 2025, will include more extensive revisions to, and the reorganization of, the full Zoning Ordinance.

Project Summary
The following is a summary of all proposed Phase 1 amendments:

General Plan Amendment
• Amend the Land Use Map to change the land use designations for seven (7) parcels throughout the city for consistency with current site conditions and/or existing zoning. • Amend the Land Use Map to change the land use designation for 287 parcels within the Granada Planned Unit Development (PUD 11) residential subdivision from Medium Density Residential (MDR) to High Density Residential (HDR) for consistency with current site conditions and existing zoning. • Amend the Land Use Element to change the density range for the Low Density Residential (LDR) Land Use Designation from 3-5 dwelling units per acre (du/a) to 3-7 du/a, and to change the density range for the Medium Density Residential (MDR) Land Use Designation from 6-15 du/a to 7-15 du/a, to align allowable densities in the General Plan and implementing zones. • Amend the description of the Business Park Research and Development designation in the Land Use Element to remove the word “small” from the term “small warehouses,” thereby allowing larger warehouse facilities within this land use designation.
• Amend Table 1 in the Land Use Element to remove the Neighborhood Commercial (C1) Zone as an implementing zone for the General Commercial (GNC) Land Use Designation, to maintain consistency in the allowable development intensity (floor area ratio) ranges for the GNC designation and its implementing zoning districts.

Zoning Text Amendments
• Create new zoning districts, including the Business Park Research and Development (BPRD) Zone and Metro Area Zones, to implement the land use policies in the Milpitas 2040 General Plan and the Milpitas Metro Specific Plan.
• Amend various sections of the Zoning Ordinance, including Section 2 – Definitions, Section 3 – Zoning Districts, Section 53 – Off-Street Parking Regulations, and Section 56 – Nonconforming Buildings and Uses, to add or clarify definitions, regulations, and standards related to the new Business Park Research and Development Zone and Metro Area Zones.
• Add a New Subsection 54.18 – 2023-2031 Housing Element Sites to codify new requirements included in the recently updated Housing Element.

Zoning Map Amendments
• Change the zoning classification of parcels throughout the City for consistency with their land use designations in the Milpitas 2040 General Plan and Milpitas Metro Specific Plan. • Remove the Recreation and Entertainment (RE) Overlay Zone from all parcels to be rezoned as Business Park Research and Development (BPRD), Park and Public Open Space (POS), and Institutional (I).

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ANALYSIS:

General Plan Amendment
Text Amendment – Land Use Element
LWC and Planning staff conducted an exercise to analyze the consistency of the current zoning of all parcels in Milpitas with the General Plan Land Use Map and the land use designations that went into effect in 2021 with adoption of the updated General Plan. Through this process, a discrepancy was noted between the residential density that is allowed per the Low Density Residential (LDR) designation in the General Plan (3-5 du/a) and some of the variations of the existing R1 Single Family Residential Zone. The R1 zone has several variations with different 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.) (see Table XI-10-4.04-1: Residential Zone Development Standards in the Milpitas Zoning Ordinance).

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, staff proposes to make the following amendments to the General Plan Land Use Element:
• Low Density Residential (LDR) Designation: Amend the General Plan to change the density range from 3-5 du/acre to 3-7 du/acre.
• Medium Density Residential (MDR) Designation: Amend the General Plan to change the density range from 6-15 du/acre to 7-15 du/acre.

Due to extensive public comment about the proposed BPRD Zone regulations received during the outreach process for Phase 1 of the zoning update project (discussed in detail in the “Key Issues for the BPRD Zone” section on pages 7-8), staff determined warehousing and distribution uses should continue to be allowed in the BPRD area, the majority of which is currently zoned M1-Light Industrial. Because the General Plan description of the BPRD land use designation refers to “small warehouses,” implying only limited warehouse uses that are integrated with other primary uses such as research & development and advanced manufacturing, staff proposed to amend the language describing the BPRD designation to strike the word “small” where it precedes “warehouses.” This would allow larger, stand-alone warehousing and distribution (up to 150,000 square feet) to be a by-right permitted use in the BPRD Zone, and warehouses larger than 150,000 square feet to be allowed with a Conditional Use Permit.

As part of the forthcoming Phase 2 Zoning Ordinance amendments, LWC is recommending the development standards for the Neighborhood Commercial (C1) be amended to increase the maximum floor area ratio (FAR) from 0.35 to 0.75. With that change, under Table 1: General Plan Designations and Implementing Zoning Districts (General Plan Land Use Element, page LU-14), the C1 zone would no longer be consistent with the General Commercial (GNC) land use designation, which has a maximum FAR of 0.5. Therefore, Planning staff proposes to amend Table 1 in the Land Use Element to remove C1 as an implementing zone for the GNC designation.

Land Use Map Amendment
During the process of analyzing the consistency of the General Plan Land Use Map with the current zoning map, City staff identified seven miscellaneous (7) parcels that require changes to their General Plan land use designations. These map amendments are needed to accurately reflect existing uses on the properties and to align the General Plan land use with the current zoning. In addition, the 287 parcels that comprise the

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residential subdivision known as the Granada Planned Unit Development (PUD) have a General Plan land use designation of Medium Density Residential (MDR) and are zoned R3–Multi-Family High Density Residential.

To make the General Plan Land Use, the zoning, and the actual built form/density consistent with one another, the best solution is to change the General Plan land use designation to High Density Residential (HDR).

The table in Attachment 4 – Summary of General Plan Land Use Map Amendment lists the parcels with proposed General Plan map changes and the reason(s) for the changes. The proposed map changes are also illustrated in Exhibit A: General Plan Map Amendment to Attachment 1: City Council Resolution No. 24-0XX.

Zoning Ordinance Amendments
The Land Use Element of the Milpitas 2040 General Plan includes a new land use designation that did not exist under the City’s previous General Plan: Business Park Research and Development (BPRD). This 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.” The Metro Specific Plan focuses on an area of approximately 510 gross acres in the southern end of Milpitas and includes the Milpitas BART station and Transit Center, the Great Mall, and surrounding areas. The plan outlines eight land use classifications 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 Mixed 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), with the distinguishing factor being that the latter allows residential uses on a limited basis.

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) • 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 (BPRD-Metro) • Metro Business Park Research and Development, Limited Residential; (BPRD-R-Metro) The BPRD Zone is being incorporated into the existing Section 7 – Industrial Zones of the code, while the seven Metro Zones are included in a new section, Section 9 – Metro Area Zones. In addition to these base zone regulations, the draft amendments include related changes to the following sections of the Zoning Ordinance:
• Section 2Definitions: New definitions added for new land uses to be included in the use tables for the BPRD and Metro Area Zones; revisions to some existing land use definitions. • Section 3Zones: Adding new BPRD and Metro Area Zones to the list of all zoning districts in the city. • Section 53Off-Street Parking Regulations: Adding new off-street vehicle and bicycle parking requirements in the Metro Area Zones, consistent with guidance in the Metro Specific Plan; adding parking requirement ratios for newly added land uses.

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• Section 56Nonconforming Buildings and Uses: Adding a new provision stating that approved nonconforming parcels are legal building sites and may be developed.

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.

Zoning Map Changes
During the zoning map consistency analysis exercise, staff identified several hundred parcels for which zoning was inconsistent with the General Plan land use designation. The majority of these parcels were expected zoning changes following General Plan adoption to bring zoning into consistency with the Land Use Map. All proposed zoning changes in the city are shown in Exhibit A: Zoning Map Amendment to Attachment 2:

Ordinance No. XX.XXX Zoning Text and Map Amendments.

For a small number of other parcels, after detailed review staff determined that amendments to the General Plan Land Use Map were more appropriate than zoning changes, generally due to existing site conditions (e.g., actual use or actual density of built structures), unintentional inconsistencies, or overriding policy reasons. These parcels have been previously discussed in the “General Plan Amendments” section.

Public Outreach
Throughout the first phase of the zoning update project, staff and LWC conducted a variety of community engagement activities to invite public input about the draft zoning amendments. These included creation of a dedicated website (www.milpitaszoningupdate.org), use of a project email list to disseminate news and announcements about the project, and periodic press releases and social media posts. A citizens’ Zoning Advisory Group (ZAG) was also formed, comprised of representatives from existing City boards and commissions. The ZAG met on May 23, 2023, and August 24, 2023, to discuss topics related to the first phase of the zoning update work.

Following the release in August 2023 of the initial public review draft of the Phase 1 Zoning Ordinance and zoning map amendments, a virtual community workshop was held on August 24. Planning staff and LWC conducted study sessions at public meetings with the Planning Commission (on August 30) and City Council (on October 3). Staff also gave an informational presentation at the Economic Development and Trade Commission meeting on September 11, 2023.

At the October 3, 2023 City Council meeting, based on comments and concerns from interested parties about the draft BPRD Zone regulations, Councilmembers directed staff to conduct additional, focused public outreach with stakeholders for the future BPRD area. In response, staff began hosting weekly “virtual office hours” for the zoning update project, during which interested parties could meet one-on-one with Planning staff to ask questions and provide feedback.

Staff also organized and facilitated a series of three focus group meetings, held on November 13, 14, and

15. A total of 13 industry stakeholders participated in the focus groups. In addition, an individual meeting was held on November 1 with representatives from Cisco Systems, Inc., which owns several properties in the proposed BPRD area. Planning Director Jay Lee also attended a special meeting with members of the Milpitas Chamber of Commerce on November 16 to discuss the draft BPRD Zone. These outreach activities resulted in a large amount of detailed and high-quality input about how the draft BPRD Zone regulations could be changed to better reflect the current market conditions and the needs of businesses and developers.

Following the focused outreach activities in November, Planning staff continued to follow up via email and live calls with interested stakeholders as revisions to the proposed BPRD Zone regulations were drafted. The current version of the draft BPRD Zone, shown in redline or “track changes” format (Attachment 5), reflects extensive changes as compared to the original draft. These changes are responsive to current economic

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realities, market conditions, and rapidly changing high-tech industries. The changes are intended to allow greater flexibility in terms of permitted uses as well as development and design standards.

Key Issues for the BPRD Zone
Most of the public comment received on the Phase 1 zoning amendments has been on the draft BPRD Zone regulations. As noted above, many stakeholders with interests in the future BPRD area and the hightech/advanced manufacturing/research and development sectors came forward at the October 3 City Council study session and during the following weeks to discuss the proposed BPRD regulations with staff and provide detailed input. These stakeholders included property owners, developers, real estate investors, commercial and industrial leasing brokers, and business representatives. Below is a summary of the stakeholder input received during the focused outreach activities held from November 2023 through April 2024.
• Maximizing flexibility, in terms of both allowed land uses and development and design standards, is essential to attract companies in the advanced manufacturing/ R&D, and emerging technologies sectors. • The current market demand is for basic, flexible, single-story buildings (e.g., concrete tilt-up industrial buildings) where companies can come in and make whatever tenant improvements are needed to the interior to support their operations.
• Allowing warehousing/distribution by right is essential to give property owners, developers and investors confidence and to minimize the risks involved in property redevelopment. • Floor Area Ratio (FAR): 0.35 was frequently cited as the typical FAR for advanced manufacturing/ R&D.

Focus group participants consistently felt that 0.45 is too high. Many site planning constraints and requirements, parking needs, as well as the irregular street grid (resulting in oddly shaped parcels) in the BPRD area make it difficult to achieve FAR higher than 0.35. • Many participants felt that 150,000 square feet is a reasonable maximum size threshold for allowing warehouse uses by right in the BPRD area and noted that some nearby local jurisdictions have this as a maximum floor area for warehouses permitted by right. Others commented that a higher floor area threshold for by-right permitted warehousing would be preferable.

The following are key revisions to the draft BPRD Zone regulations that have been made following release of the August 2023 public review draft in response to stakeholder comments. For a full list of changes to the draft Zoning Amendments, please refer to Attachment 6: Errata Sheet. • Revised definitions of “Advanced Manufacturing” and “Research & Development” to specify that these uses include any amount of storage of raw materials and finished products that actively supports the primary use.
• Revised definition of “Warehousing and Distribution” to clarify that it refers to “passive storage” (i.e., a distinction was made between traditional industrial warehousing and the storage of goods that is directly related to active, employment-generating uses).
• Added and defined other new high-tech land uses, such as data centers. • In the BPRD Zone, warehousing and distribution facilities (stand-alone ‘passive’ storage) up to 150,000 square feet would be allowed by right, and larger ones would require a Conditional Use Permit. All warehousing and distribution uses would continue to be allowed by right in the other industrial zones (M1, M2, MP) without size restriction.
• Many development and design standards in the previous draft were relaxed or eliminated.

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Findings for Approval
A finding is a statement of fact relating to the information that the City Council has considered in making a decision. Findings identify the rationale behind the decision to take a certain action. The following are the required findings for approval of a zoning amendment.

General Plan Amendment
The Introduction section of the Milpitas 2040 General Plan (page IN-8) states the following four standard findings that must be made for a proposed General Plan amendment. These four findings fully encompass, include, and expand upon the findings required for General Plan amendment under Subsection XI-10-

57.02(G)(1) of the Milpitas Municipal Code:

1. The amendment is deemed to be in the public interest.

These changes are in the public interest because a General Plan map that corresponds to the actual ownership status, uses, and development patterns of land in Milpitas, as well as overall consistency between the General Plan and the zoning ordinance and zoning map, is good public policy, helping to promote orderly development and certainty for property owners and neighbors in terms of land uses, development potential, and protection of open space areas.

2. The amendment is consistent and/or compatible with the rest of the General Plan.

The introduction to the General Plan notes that the document “is not static, but rather is a dynamic and multi-faceted document that defines and addresses the changing needs of the City. It is based on an ongoing assessment and understanding of existing and projected community needs” (page IN-8, Milpitas 2040 General Plan). This language reflects the understanding that the General Plan will occasionally require amendments to keep pace with changing circumstances and issues that affect growth, conservation, and quality of life in Milpitas.

The proposed amendments are in keeping with this understanding, instituting changes to the General Plan that reflect current conditions. The proposed land use map changes are intended to match the existing zoning and reflect on-the-ground conditions for select properties in the city. Changing the land use designation for certain parcels to Permanent Open Space will further the goals of the Parks, Recreation, and Open Space Element by protecting open space and natural areas in the city. The proposed amendment to the language in the Land Use Element describing the Business Park Research and Development Zone reflects and supports existing market realities for Milpitas and the broader South Bay area, thereby helping to further the goals of the Economic Development Element.

The proposed minor amendments are related to the Land Use Element and Land Use Map only, and do not affect any other portion of the General Plan. The amendments are consistent with the General Plan as a whole and do not create any internal inconsistencies.

3. The potential impacts of the amendment have been assessed and have been determined not to be detrimental to the public health, safety, or welfare.

The proposed amendments involve changes to the General Plan map and land use designations for a relatively small number of parcels, as well as minor changes to the language of the Land Use Element.

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the corresponding zoning districts, resulting in clearer and more effective land use policies and regulations. In addition, the minor text amendment related to warehouses in the Business Park Research and Development area would not be detrimental to public health, safety, or welfare because it would simply allow larger warehouse uses on properties with that land use designation, which is consistent with current market demands and conducive to the city’s economic health and development.

4. The amendment has been processed in accordance with the applicable provisions of the California Government Code, the California Environmental Quality Act (CEQA), and the City’s Municipal Code.

California Government Code Section 65358 provides guidance for a local jurisdiction to follow in amending its general plan, stating that such an amendment may be initiated if deemed “to be in the public interest” and “shall be initiated in the manner specified by the legislative body” (in this case, the Milpitas City Council). The City’s procedure for amending the General Plan is outlined in Milpitas Municipal Code (MMC) Section XI-10-57.02. That procedure includes requirements for a General Plan amendment to be reviewed at a public hearing before the Planning Commission, which shall make a recommendation to the City Council; and then for the City Council to hold a public hearing and make a decision on the proposed amendment. These procedures are being followed for the General Plan amendments in question and are consistent with and fulfill the procedure specified in the Government Code.

The City has also fulfilled all procedural prerequisites of the Government Code and Milpitas Municipal Code. This includes public involvement (Gov. Code, § 65351), referral to other agencies (Gov. Code, § 65352), tribal consultation (Gov. Code, § 65352.3), and all public notices and hearings required.

In conformity with Government Code section 65350.5 and Water Code sections 10910 et seq., the amendments do not substantially change the City’s prior analysis and conclusions regarding water systems, water rights, and groundwater sustainability and management or otherwise require amendment of the City’s prior determinations in this regard with respect to its General Plan.

The California Government Code also states that a municipality may amend a mandatory element of its general plan (including a land use element) no more than four times per calendar year. This is the City’s second proposed amendment to the Milpitas 2040 General Plan Land Use Element in 2024.

The proposed amendments are being processed in accordance with CEQA. As noted above, an EIR Addendum to the previously certified FEIR for the General Plan and SFEIR for the Metro Specific Plan was prepared and concluded that impacts are consistent with those previously analyzed in these environmental documents and no further analysis pursuant to CEQA is required.

Zoning Amendment (Milpitas Municipal Code Section XI-10-57.02(G)(3))

1. The proposed amendment is consistent with the General Plan.

The fundamental purpose of the proposed Zoning Ordinance and zoning map amendments is to achieve consistency with the General Plan, as required by state law. This detailed set of Zoning Ordinance and zoning map amendments follows the adoption of the comprehensive update to the City’s general plan, titled the Milpitas 2040 General Plan, as well as the adoption of the Metro Specific Plan. The creation of the new Business Park Research and Development Zone and the new Metro Area Zones, along with updates to the zoning classifications of certain parcels throughout the city, accomplish the important objective of bringing the Zoning Ordinance and zoning map into consistency with the General Plan and Metro Specific Plan.

2. The proposed amendment will not adversely affect the public health, safety and welfare.

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goals related to community design, environment, and economic development. They would also provide clear and user-friendly regulatory requirements and standards for new development, improving outcomes for property owners and adjacent residents and businesses. In summary, the proposed zoning amendments would support overall community health and well-being in Milpitas.

Public Comment
Staff conducted consultation regarding the proposed General Plan amendment with local Native American tribes, pursuant to Senate Bill (SB) 18. Consultation letters describing the proposed General Plan amendment were mailed on February 28, 2024 to designated representatives from 12 tribes whose historical territory coincides with the present-day boundaries of Milpitas. As of the publication date of this report, no tribes had requested consultation.

As required under California Government Code §65352, notices of the proposed General Plan amendments were sent to various public agencies, including Santa Clara County, the adjacent Cities of San José and Fremont, the Milpitas Unified School District, regional planning entities (Association of Bay Area Governments and Metropolitan Transportation Commission), the Santa Clara County Local Agency Formation Commission, the State Water Resources Control Board, and others. To date, comments have been received and addressed from two entities, the Santa Clara Valley Water District and the San Francisco Public Utilities Commission.

Staff provided public notice for the proposed General Plan amendment, zoning text amendments, and zoning map amendments in accordance with City and State noticing requirements. The Planning Department published a notice of the City Council hearing in the Milpitas Post on May 25, 2024. A public notice was also provided on the City’s website, www.milpitas.gov and posted at City Hall, the library, and the Sports Center.

In addition, notice postcards of proposed property rezoning were mailed to owners of 52 parcels in the new BPRD Zone area, and owners of 108 other parcels with proposed zoning changes (including properties to be rezoned to C2-General Commercial, MXD-Mixed Use, and R3-Multi-Family High Density Residential).

Planning Commission Action
At its regular meeting on May 22, 2024, the Planning Commission voted unanimously (7-0) to recommend that the City Council adopt the proposed General Plan Amendment and Zoning Text and Zoning Map Amendments. Planning Commission Resolution No. 24-017 is included as Attachment 7. A member of the public requested the City increase the threshold for a Conditional Use Permit requirement for new warehouse and distribution facilities from 150,000 to 200,000 square feet, however this change was not included in the Planning Commission’s recommendation.

POLICY ALTERNATIVE(S):

Alternative 1: Do not adopt the proposed General Plan Amendment and Zoning Amendments.

Pros: None.

Cons: The existing zoning would remain in effect. No changes would be made to the General Plan Land Use Element, the Zoning Ordinance, or the Zoning Map.

Reason not Recommended: The City would lose the opportunity to benefit from the creation of new, modern zoning districts that are intended to encourage significant new residential and mixed-use development in areas well served by public transit, as well as to attract innovative new businesses in the high-tech sector.

The City’s Zoning Ordinance and Zoning Map would be inconsistent with its adopted General Plan, therefore failing to comply with mandated general plan-zoning consistency under state law.

Alternative 2: Adopt the proposed General Plan Amendment and Zoning Map Amendments and adopt the proposed Zoning Ordinance Amendments with modifications (for example, increase the threshold for by-right

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permitted warehousing and distribution in the BPRD Zone from 150,000 square feet to 200,000 square feet, as some stakeholders have requested).

Pros: Allowing larger warehouse facilities in the BPRD Zone, up to 200,000 square feet, would provide greater flexibility for property developers and investors in terms of accommodating larger, “traditional” warehousing and distribution operations.

Cons: Larger warehouse facilities may have greater impacts on surrounding properties (e.g., large truck circulation) and may undermine the intent of the BPRD Zone to generate significant growth in high-tech jobs and businesses.

Reason not Recommended: Allowing warehouse facilities up to 200,000 square feet by right would further the degree of compromise the City has made in terms of accommodating “traditional” warehousing in the BPRD Zone and may serve to undermine the ultimate purpose and intent of this zone, which according to the Milpitas 2040 General Plan, differs from a “traditional” industrial zone and is intended to encourage advanced manufacturing, research & development, and other emerging technologies.

FISCAL IMPACT:

Adoption of the BPRD and Metro Area Zones is expected to bring significant economic benefits to Milpitas.

Because of the high-density development that is encouraged in the Metro Area as well as the emerging and innovative technology industries that are allowed in the BPRD area, these zoning districts are anticipated to encourage new development and investment in the city, contributing to the growth of the Milpitas economy.

Development of new high-density residential and commercial development in the Metro Area will bring significant property tax and sales tax revenue to the City. The BPRD zoning district will incentivize new development of properties designed for high-tech, advanced manufacturing, and R&D uses, which will bring new high-paying employment opportunities and significant tax revenue to the city. This will benefit not only the local economy of Milpitas, but also the City’s long-term fiscal outlook.

Together, the creation of the BPRD and Metro Area Zones will benefit not only the local economy of Milpitas, but also the City’s long-term fiscal outlook. Therefore, adoption of the BPRD and Metro Area zones will serve to advance Goal ED-2 of the General Plan’s Economic Development Element of achieving fiscal sustainability and maintaining adequate revenues to provide quality and essential public services.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

An Addendum to the Final Environmental Impact Report (EIR) for the Milpitas 2040 General Plan and Subsequent Final Environmental Impact Report (SFEIR) for the Milpitas Metro Specific Plan was prepared and published on April 26, 2024 (see Attachment 3: EIR Addendum). The Addendum finds that the impacts of the proposed project remain consistent with the impacts previously analyzed in the certified General Plan FEIR and Metro Specific Plan SFEIR. The Addendum further concludes that proposed General Plan amendment and zoning ordinance and zoning map amendments do not require any substantial revisions to the General Plan FEIR or Metro Specific Plan SFEIR, and that no new significant information or changes in circumstances surrounding the proposed project have occurred since the certification of the General Plan FEIR or Metro Specific Plan SFEIR. The Addendum demonstrates that the previous analysis completed for the General Plan Update FEIR and Metro Specific Plan SFEIR remain adequate under CEQA; therefore, no further environmental review is required.

RECOMMENDATION:

1. Conduct a public hearing and receive public comments;

2. Determine that the Addendum to the Environmental Impact Report (EIR) for the Milpitas 2040 General Plan (State Clearinghouse No: 2020070348) and Subsequent Final Environmental Impact Report (SFEIR) for the Metro Specific Plan (State Clearinghouse No. 2006032091) adequately analyzes the potential environmental impacts associated with the proposed General Plan and Zoning Amendments, and that the EIR Addendum is in compliance pursuant to CEQA Guidelines §15162 and §15164;

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3. Adopt a resolution approving General Plan Amendment GP24-0002;

4. City Attorney shall read aloud title of the Ordinance; and

5. Move to waive the first reading beyond the title and introduce Ordinance No. 38.855 amending Title XI, Chapter 10, Section 2 (Definitions), Section 3 (Zoning Districts), Section 7 (Industrial Zones and Standards), Section 53 (Off-Street Parking Regulations), and Section 56 (Nonconforming Buildings and Uses); and Adding Section 9 (Metro Area Zones and Standards) and Subsection 54.18 (2023- 2031 Housing Element Sites); relating to the creation of new zoning districts (Business Park Research and Development Zone, Metro Area Zones); and amending the Zoning Map of the City of Milpitas to change the zoning classifications of certain parcels throughout the city to achieve consistency between the Milpitas 2040 General Plan, Milpitas Metro Specific Plan, Zoning Ordinance, and Zoning Map.

ATTACHMENTS:

Attachment (a) Resolution
Exhibit A: General Plan Map Amendment
Attachment (b) Ordinance No. 38.855
Exhibit A: Zoning Map Amendment
Attachment (c) EIR Addendum
Attachment (d) Summary of General Plan Land Use Map Amendment Attachment (e) Draft Zoning Ordinance Text Amendments (redline version) Attachment (f) Errata Sheet for Phase 1 Zoning Ordinance Update – Public Hearing Draft Attachment (g) Planning Commission Resolution No. 24-017

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1 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS ADOPTING

FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND ADOPTING GENERAL PLAN AMENDMENT NO. GP24-0002 TO

AMEND THE LAND USE ELEMENT TEXT AND LAND USE MAP TO ACHIEVE CONSISTENCY BETWEEN THE MILPITAS 2040 GENERAL PLAN, THE ZONING ORDINANCE, AND THE ZONING MAP.

WHEREAS, the City of Milpitas, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, California Government Code Section 65800 et seq. authorizes the adoption and administration of zoning laws, ordinances, rules, and regulations by cities as a means of implementing the General Plan; and
WHEREAS, on March 9, 2021, the Milpitas City Council adopted the Milpitas 2040 General Plan, updating and revising the land use policies, goals, and objectives contained in the City’s previous General Plan; and
WHEREAS, California Government Code Section 65860 requires a city’s zoning ordinance to be consistent with its adopted general plan, including any specific plan that has been adopted to establish planning policies for a defined geographic area of the city; and WHEREAS, the City has prepared a General Plan Amendment and Zoning Text and Zoning Map Amendment (“Amendments”) to implement the land use policies and goals of the Milpitas 2040 General Plan, including the creation of a new Business Park Research and Development Zone, and to ensure overall consistency between the City’s General Plan, Zoning Ordinance, and Zoning Map; and WHEREAS, on March 9, 2021, a Final Environmental Impact Report (FEIR) was certified for the Milpitas 2040 General Plan in accordance with the California Environmental Quality Act (CEQA); and
WHEREAS, an Addendum to the certified Milpitas 2040 General Plan FEIR (SCH # 2020070348) and Milpitas Metro Specific Plan SFEIR (SCH # 2006032091) was published on April 26, 2024, which concluded that the impacts of the proposed General Plan Amendments and Zoning Text and Zoning Map Amendments remain consistent with the impacts previously analyzed in the Environmental Impact Report, and therefore no further environmental analysis pursuant to CEQA is required; and WHEREAS, the Planning Commission made and accepted as its own the findings set forth in this resolution; and
WHEREAS, the City Council is the final authority on General Plan, Specific Plan, and Zoning amendments, including amendments to the Land Use Map and Zoning Map; and WHEREAS, on May 22, 2024, the Planning Commission held a duly noticed public hearing on the subject application, considered evidence presented by City staff and other interested parties, and adopted Resolution 24-017 recommending, among other things, that the City Council approve the General Plan Amendment GP24-0002 and adopt the Comprehensive Zoning Ordinance Update Phase 1 Addendum

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2 to the General Plan FEIR (SCH # 2020070348) and Milpitas Metro Specific Plan SFEIR (SCH # 2006032091) related thereto; and
WHEREAS, on June 4, 2024, the City of Milpitas City Council held a duly noticed public hearing on the proposed General Plan Amendment, considered all written and oral reports of staff and public testimony on the matter, and such other matters as are reflected in the record of this matter.

NOW THEREFORE, the City Council of the City of Milpitas hereby finds, determines and resolves as follows:

SECTION 1. RECITALS
The City Council has considered the full record before it, which includes, but is not limited to, all published staff reports, oral and written testimony by staff, the Planning Commission, City Council, and the public, and all other relevant materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

SECTION 2. GENERAL PLAN AMENDMENT FINDINGS (SECTION XI-10-

57.02)
The City Council finds based upon the full record before it that all findings and prerequisites required for the General Plan amendments proposed have been met, including those set forth in the Government Code, including Sections 65350 et seq., the Milpitas Municipal Code, including Section XI10-57.02, and page IN-8 of the Milpitas 2040 General Plan itself. The City Council makes the following further and specific findings based on the evidence in the administrative record in support of General Plan Amendment No. GP24-0002:

1. The amendment is deemed to be in the public interest.

The proposed amendments to the text of the Land Use Element of the City’s General Plan, as well as the proposed changes to the General Plan Land Use Map, are necessary to align the permitted land uses and allowed density ranges between the land use designations defined in the General Plan and the zoning districts that implement those designations. Some of the changes to the General Plan Land Use Map are also needed to accurately reflect the existing uses and actual built conditions of certain parcels. These changes are in the public interest because a General Plan map that corresponds to the actual ownership status, uses, and development patterns of land in Milpitas, as well as overall consistency between the General Plan and the zoning ordinance and zoning map, is good public policy, helping to promote orderly development and certainty for property owners and neighbors in terms of land uses, development potential, and protection of open space areas.

2. The amendment is consistent and/or compatible with the rest of the General Plan.

The proposed amendments are in keeping with this understanding, instituting changes to the General

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3 Plan that reflect current conditions. The proposed land use map changes are intended to match the existing zoning and reflect on-the-ground conditions for select properties in the city. Changing the land use designation for certain parcels to Permanent Open Space will further the goals of the Parks, Recreation, and Open Space Element by protecting open space and natural areas in the city. The proposed amendment to the language in the Land Use Element describing the Business Park Research and Development Zone reflects and supports existing market realities for Milpitas and the broader South Bay area, thereby helping to further the goals of the Economic Development Element.

3. The potential impacts of the amendment have been assessed and have been determined not to be detrimental to the public health, safety, or welfare.

The proposed amendments involve changes to the General Plan map and land use designations for a relatively small number of parcels, as well as minor changes to the language of the Land Use Element.

These amendments would not be detrimental to public health, safety, or welfare because they would simply bring the General Plan’s allowed land uses and development density ranges into consistency with the corresponding zoning districts, resulting in clearer and more effective land use policies and regulations. In addition, the minor text amendment related to warehouses in the Business Park Research and Development area would not be detrimental to public health, safety, or welfare because it would simply allow larger warehouse uses on properties with that land use designation, which is consistent with current market demands and conducive to the city’s economic health and development.

4. The amendment has been processed in accordance with the applicable provisions of the California Government Code, the California Environmental Quality Act (CEQA), and the City’s Municipal Code.

California Government Code Section 65358 provides guidance for a local jurisdiction to follow in amending its general plan, stating that such an amendment may be initiated if deemed “to be in the the public interest” and “shall be initiated in the manner specified by the legislative body” (in this case, the Milpitas City Council). The City’s procedure for amending the General Plan is outlined in Milpitas Municipal Code (MMC) Section XI-10-57.02. That procedure includes requirements for a General Plan amendment to be reviewed at a public hearing before the Planning Commission, which shall make a recommendation to the City Council; and then for the City Council to hold a public hearing and make a decision on the proposed amendment. These procedures are being followed for the General Plan amendments in question and are consistent with and fulfill the procedure specified in the Government Code.

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4 The proposed amendments are being processed in accordance with CEQA. As noted above, an EIR Addendum to the previously certified FEIR for the General Plan and SFEIR for the Metro Specific Plan was prepared and concluded that impacts are consistent with those previously analyzed in these environmental documents and no further analysis pursuant to CEQA is required.

SECTION 3. AMENDMENT OF MILPITAS GENERAL PLAN 2040

RESIDENTIAL LAND USE DESIGNATIONS
The descriptions of the Low Density Residential (LDR) and Medium Density Residential (MDR) designations on pages LU-4 and LU-5 of the adopted Milpitas 2040 General Plan are hereby amended to read as follows:

LOW DENSITY RESIDENTIAL (LDR). (3 to 7 units per gross acre) All housing units are either on separate lots or as part of a clustered Planned Unit Development. Single-unit detached residences will be the typical housing type in this category.

MEDIUM DENSITY RESIDENTIAL (MDR). (7 to 15 units per gross acre excluding density bonuses). Single-family attached, multi-family, duplexes, or clustered residences would typically be built within this density range.

SECTION 4. AMENDMENT OF MILPITAS GENERAL PLAN 2040

INDUSTRIAL LAND USE DESIGNATIONS
The description of the Business Park Research & Development (BPRD) designation on page LU7 of the adopted Milpitas 2040 General Plan is hereby amended to read as follows:

BUSINESS PARK RESEARCH & DEVELOPMENT (BPRD) (UP TO 2.5 FAR). The Business Park Research & Development (BPRD) classification 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. The BPRD designation would enable the integration of research and development, office, warehouse and light manufacturing uses in one location, and allows existing firms to grow/expand operations onsite.

Additionally, as manufacturing in the city shifts to more high-tech products and services, the designation will support the consolidation of management, design, and manufacturing uses on a single, integrated site, which can be important for the overall efficiency of business operations and potentially increase creative collisions and local business-to-business transactions. The BPRD designation allows for a FAR up to 2.5.

Additionally, as part of campus-like development, uses that support businesses, including health and fitness centers, restaurants/cafes, limited convenience retail, and day care facilities may be conditionally allowed onsite as a minor use associated with a primary employment-generating use.

SECTION 5. AMENDMENT OF MILPITAS GENERAL PLAN 2040 LAND USE ELEMENT TABLE 1: GENERAL PLAN DESIGNATIONS AND IMPLEMENTING ZONING

DISTRICTS
The implementing zones for the General Commercial land use designation in Table 1 at page LUPage 651 of 1026 5 14 of the adopted Milpitas 2040 General Plan are hereby amended to read as follows:

General Plan Land Use
Designation
Zoning District Zone Map
Symbol
Commercial Uses
GNC – General Commercial “C2” General Commercial District “HS” Highway Service District
“CO” Administrative and Professional Office
District
C2, HS, CO
SECTION 6. AMENDMENT OF MILPITAS GENERAL PLAN 2040 FIGURE LU-1: GENERAL PLAN LAND USE MAP
The General Plan Land Use Map (Figure LU-1) at page LU-11 of the adopted Milpitas 2040 General Plan is hereby amended only as to parcels and changes as shown in Exhibit A.

SECTION 7. CALIFORNIA ENVIRONMENTAL QUALITY ACT
In accordance with the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared for the Milpitas 2040 General Plan. The Final EIR was adopted, along with the updated General Plan, by Resolution No. 9047 on March 9, 2021 (State Clearinghouse No. 2020070348). An Addendum to the Final Environmental Impact Report (FEIR) for the Milpitas 2040 General Plan (State Clearinghouse No: 2020070348) was published on April 26, 2024. The Addendum finds that the impacts of the proposed project remain consistent with the impacts previously analyzed in the certified General Plan FEIR. The Addendum further concludes that proposed project does not require any substantial revisions to the General Plan FEIR, that no new significant information or changes in circumstances surrounding the proposed project have occurred since the certification of the General Plan FEIR, and that the previous analysis completed for the General Plan Update FEIR remains adequate under CEQA. The City Council therefore finds that its actions are consistent with CEQA and State CEQA guidelines and that no additional environmental review is required. The City Council approves and adopts this Addendum as if fully set forth herein.

SECTION 8. SEVERABILITY
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held incorrect, invalid, illegal, or unenforceable, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed each section, subsection, phrase, or clause thereof irrespective of the fact that any one or more sections, subsections, phrases or clauses be declared incorrect, invalid, illegal, or unenforceable.

SECTION 9. CITY COUNCIL APPROVAL
The City Council hereby approves General Plan Amendment No. GP24-0002, based on the above findings.

PASSED AND ADOPTED this day of , 2024, by the
following vote:

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6 AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:

Michael Mutalipassi, City Attorney
Attachments:

Exhibit A: General Plan Land Use Map Amendment

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Exhibit A: General Plan Land Use Map Amendment

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REGULAR
NUMBER: XX.XXX
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING TITLE XI, CHAPTER 10, SECTION 2 (DEFINITIONS), SECTION 3 (ZONING DISTRICTS), SECTION 7 (INDUSTRIAL ZONES AND STANDARDS), SECTION 53 (OFF-STREET PARKING REGULATIONS), AND SECTION 56 (NONCONFORMING BUILDINGS AND USES); AND ADDING SECTION 9 (METRO AREA ZONES AND STANDARDS) AND SUBSECTION 54.18 (2023-2031 HOUSING ELEMENT SITES);

RELATING TO THE CREATION OF NEW ZONING DISTRICTS (BUSINESS PARK RESEARCH AND DEVELOPMENT ZONE, METRO AREA ZONES); AND

AMENDING THE ZONING MAP OF THE CITY OF MILPITAS TO CHANGE THE

ZONING CLASSIFICATIONS OF CERTAIN PARCELS THROUGHOUT THE CITY TO ACHIEVE CONSISTENCY BETWEEN THE MILPITAS 2040 GENERAL PLAN, MILPITAS METRO SPECIFIC PLAN, ZONING ORDINANCE, AND ZONING MAP.

HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of ____________________, upon motion by_________________________ and was adopted (second reading) by the City Council at its meeting of _______________, upon motion by ____________________________. The Ordinance was duly passed and ordered published in accordance with law by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
________________________________ __________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
________________________________
Michael Mutalipassi, City Attorney

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RECITALS AND FINDINGS:

WHEREAS, the City of Milpitas, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, California Government Code Section 65800 et seq. authorizes the adoption and administration of zoning laws, ordinances, rules, and regulations by cities as a means of implementing the General Plan; and
WHEREAS, Section 3.03 of Chapter 10 Zoning of Title XI of the Milpitas Municipal Code, divides the City into zoning districts; and
WHEREAS, the City Council is the final authority on General Plan, Specific Plan, and Zoning amendments, including amendments to the Zoning Ordinance and Zoning Map; and WHEREAS, on March 9, 2021, the Milpitas City Council adopted the Milpitas 2040 General Plan, updating and revising the land use policies, goals, and objectives contained in the City’s previous General Plan; and
WHEREAS, on February 7, 2023, the Milpitas City Council adopted the Metro Specific Plan to guide future land use, development, and public and private investment in the area surrounding the Milpitas Transit Center, the Milpitas Bay Area Rapid Transit (BART station), and the Great Mall; and WHEREAS, California Government Code Section 65860 requires a city’s zoning ordinance to be consistent with its adopted general plan, including any specific plan that has been adopted to establish planning policies for a defined geographic area of the city; and WHEREAS, the City has prepared a Zoning Text and Zoning Map Amendment (“Amendments”) to implement the land use policies and goals of the Milpitas 2040 General Plan and Metro Specific Plan, including the creation of a new Business Park Research and Development Zone and new Metro Area Zones, and to ensure overall consistency between the City’s General Plan, Metro Specific Plan, Zoning Ordinance, and Zoning Map; and
WHEREAS, pursuant to Milpitas Municipal Code §§ XI-10-57.02(G)(3), the City Council finds the Zoning Amendments set forth herein to be consistent with the General Plan, and specifically with Land Use Element Actions LU-1a (update the City’s Zoning Map as appropriate to ensure consistency with the land use designations shown on Figure LU-1[Land Use Map]) and LU-1b (review the Zoning Ordinance and update as appropriate to reflect Land Use goals, policies, and implementation actions included in this Plan); and WHEREAS, per Milpitas Municipal Code § XI-10-57.02(G)(3), the City Council likewise finds that the Zoning Amendments set forth herein will not adversely affect the public health, safety and welfare, in that the proposed changes serve to implement several of the City’s adopted land use and economic development policies by facilitating new, higher-density and transit-oriented development in appropriate areas and attracting new businesses to Milpitas, thereby advancing numerous goals related to community design, environment, and economic development and supporting overall community health and well-being in Milpitas; and WHEREAS, on March 9, 2021, a Final Environmental Impact Report (FEIR) (SCH # 2020070348) was certified for the Milpitas 2040 General Plan in accordance with the California Environmental Quality Act (CEQA); and
WHEREAS, on February 7, 2023 a Subsequent Final Environmental Impact Report (SFEIR) (SCH # 2006032091) was certified for the Milpitas Metro Specific Plan; and

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WHEREAS, an Addendum to the certified Milpitas 2040 General Plan FEIR and Metro Specific Plan SFEIR was published on April 26, 2024, which concluded that the impacts of the proposed Zoning Text and Map Amendments remain consistent with the impacts previously analyzed in the Environmental Impact Reports, and therefore no further environmental analysis pursuant to CEQA is required; and WHEREAS, on May 22, 2024, the Planning Commission held a duly noticed public hearing on the subject application, considered evidence presented by City staff and other interested parties, and adopted Resolution 24-017 recommending, among other things, that the City Council approve and Zoning Amendment ZA24-0002 and adopt the Comprehensive Zoning Ordinance Update Phase I Addendum to the General Plan FEIR (SCH # 2020070348) and Milpitas Metro Specific Plan SFEIR (SCH # 2006032091) related thereto; and WHEREAS, all legal prerequisites to the adoption of this ordinance and the City Council’s review and approval of the General Plan amendments, Zoning amendments, and CEQA review contained herein have been met.

NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:

SECTION 1. RECORD AND BASIS FOR ACTION
The City Council has duly considered the full record before it, which may include but is not limited to such things as the City staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT
Based on its review of the entire record, including the staff report, public comments and testimony presented to the Planning Commission and City Council, and the facts outlined below, the City Council hereby finds and determines that the potential environmental effects of the proposed Amendments have been adequately reviewed and analyzed. An Addendum to the Final Environmental Impact Report (FEIR) for the Milpitas 2040 General Plan (State Clearinghouse No: 2020070348) and Subsequent Final Environmental Impact Report (SFEIR) for the Milpitas Metro Specific Plan (State Clearinghouse No: 2006032091) was published on April 26, 2024. The Addendum finds that the impacts of the proposed project remain consistent with the impacts previously analyzed in the certified General Plan FEIR and Metro Specific Plan SFEIR. The Addendum further concludes that proposed project does not require any substantial revisions to the General Plan FEIR or Metro Specific Plan SFEIR, that no new significant information or changes in circumstances surrounding the proposed project have occurred since the certification of the General Plan FEIR or Metro Specific Plan SFEIR, and that the previous analysis completed for the General Plan Update FEIR and Metro Specific Plan SFEIR remains adequate under CEQA. The City Council therefore finds that its actions are consistent with CEQA and State CEQA guidelines and that no additional environmental review is required. The City Council approves and adopts this Addendum as if fully set forth herein.

SECTION 3. ZONING TEXT AND MAP AMENDMENT FINDINGS (XI-10-57.02) The City Council finds based upon the full record before it that all findings and prerequisites required for the Zoning Text and Zoning Map amendments proposed have been met, including those set forth in the Government Code, including Sections 65850 et seq., and the Milpitas Municipal Code, including Section XI-10-57.02.The City Council makes the following further and specific findings based on the evidence in the public record in support of Zoning Amendment No. ZA24-0002:

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A. The proposed amendment is consistent with the General Plan.

B. The proposed amendment will not adversely affect the public health, safety and welfare.

The proposed zoning changes serve to implement several of the City’s adopted land use and economic development policies that promote the public interest. They would help facilitate new, higher density and transit-oriented development in appropriate areas, which would serve to advance numerous City goals related to community design, environment, and economic development. They would also provide clear and user-friendly regulatory requirements and standards for new development, improving outcomes for property owners and adjacent residents and businesses. In summary, the proposed zoning amendments would support overall community health and well-being in Milpitas.

SECTION 4. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 2
Title XI, Chapter 10, Section 2 ( Definitions), of the Milpitas Municipal Code is hereby amended to read as follows:

Section 2 - Definitions
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.

XI-10-2.02 General Definitions
A. The word "shall" is mandatory and not discretionary. 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 implication between the text of any provision and any caption or illustration, the text shall control.

D. Unless the context clearly indicates to the contrary, 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 items or provisions apply singly; and

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

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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" shall 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" shall 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.

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 Chapter 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 "building" 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 Administrator" shall mean the City Zoning Administrator.

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

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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 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. Advanced manufacturing may include storage space for raw materials and/or finished goods that actively supports the primary use. "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" see “Places of Assembly.”
"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

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context of industrial manufacturing is distinct from and unrelated to the definition of "Places of Assembly" involving groups of people.
"Auto" means any motor vehicle requiring a license pursuant to the California Vehicle Code. "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.

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.

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"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.

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;

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.

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.

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"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.
"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, Private" means a privately owned and operated 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 nonprofit 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.

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"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. “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
"Data Center" means a facility for the storage of computer systems and associated components. "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.

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"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.

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.
"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,

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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. "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.

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"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 rightof-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.
"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

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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
"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″ × 17″);

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

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:

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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.

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
"Manufacturing" 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

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"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. "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:

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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, business and management consulting, computer and technology, engineering, insurance, interior design, graphic design, real estate, title companies, and legal services. This classification includes co-working spaces designed to accommodate different organizations that provide such services. Does not include medical and dental offices 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” warehouse 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.

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"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. "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" means an institution or facility that offers or hosts activities for assembled groups of participants, including but not limited to private and nonprofit clubs; social or fraternal organizations; and churches, temples, synagogues, and other places of worship. This use is distinct from and unrelated to the industrial use "Assembly from pre-processed materials." "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.

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"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
"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 industrial or scientific research for the design, development, engineering and testing of high technology, clean technology, industrial, or scientific products.

Research and development uses may include limited manufacturing as necessary for the production of prototypes, but exclude the full-scale manufacturing of final products. Research and development uses may also include storage space for raw materials and/or finished goods that actively supports the primary use. "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.

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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, 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.

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"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. "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.

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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.

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.

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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, selfserve, 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" means any commercial, industrial, quasi-public, or agricultural farm products sales use, containing five or more stores, or businesses on a single parcel of land.

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.

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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 Citysponsored 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 quasipublic 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 purposes 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.

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.

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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.

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.

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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 of 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.

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.

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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 threelayered 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. "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 and Distribution” means a facility, primarily within an enclosed building, for the storage of commercial or industrial goods, products and materials and the associated on-site sorting, packing, staging,

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shipping, receiving, and distributing of goods to wholesale and retail outlets, including ancillary truck parking and dispatching. Also includes long-term, passive storage of furniture, household goods, or other commercial goods; and of industrial equipment, products, and materials. Warehousing and distribution facilities may include, but are not limited to, wholesale distribution, distribution centers, moving and transfer storage, cross-dock facilities, package handling centers, order fulfilment centers, and logistics centers. Excludes storage of raw materials and/or finished products as part of an active primary use such as General Manufacturing, Advanced Manufacturing, or Research and Development. Excludes Parcel Hubs.

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.

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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SECTION 5. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 3
Title XI, Chapter 10, Section 3 (Zoning Districts) of the Milpitas Municipal Code is hereby amended to read as follows:

Section 3 - Zoning Districts
XI-10-3.01 Districts
In order to carry out the purpose and provisions of this Chapter, the City is hereby divided into districts known as:

Full Name Short Name
"R1" Single-Family District "R1" District
"R2" One and Two-Family District "R2" District
"R3" Multiple-Family District "R3" District
“R3-Metro” Metro Multi-Family High Density Residential
District
“R3-Metro” District
"R4" Multiple Family Very High Density District "R4" District “R4-Metro” Metro Multi-Family Very High Density
Residential District
“R4-Metro” District
"R5" Urban Residential District "R5" District
“R5-Metro” Metro Urban Residential District “R5-Metro” District "AR" Agricultural Residence District "AR" District
"CO" Administrative and Professional Office District "CO" District "C1" Neighborhood Commercial District "C1" District
"C2" General Commercial District "C2" District
"HS" Highway Service District "HS" District
"TC" Town Center District "TC" District
"MXD" Mixed Use District "MXD" District
"MXD2" High Density Mixed Use District "MXD2" District
“MXD2-Metro” Metro High Density Mixed Use District “MXD2-Metro” District "MXD3" Very High Density Mixed Use District "MXD3" District "MXD3-Metro" Metro Very High Density Mixed Use
District
“MXD3-Metro” District
"M1" Light Industrial District "M1" District
"M2" Heavy Industrial District "M2" District
"MP" Industrial Park District "MP" District
“BPRD” Business Park Research and Development
District
“BPRD” District
“BPRD-Metro” Metro Business Park Research and
Development District
“BPRD-Metro” District
“BPRD-R-Metro” Metro Business Park Research and
Development, Limited Residential District
“BPRD-R-Metro” District
"A" Agricultural District "A" District
“I” Institutional District “I” District
"POS" Park and Open Space District "POS" District

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"PD" Planned Development District "PD" District
XI-10-3.02 Combining Regulations
In addition to the foregoing district certain combining regulations are established as set forth in this Chapter, said combining regulations being as follows:

Full Name Short Name
"HR" High Rise Overlay District "HR" District
"H" Hillside Combining District "H" District
"MHP" Mobile Home Park Overlay District "MHP" District
"OO" Gateway Office Overlay District "OO" District
"RE" Recreation & Entertainment Overlay
District
"RE" District
"S" Site and Architectural Overlay District "S" District "TOD" Transit Oriented Development
Overlay District
"TOD" District
“FC” Freeway Corridor Overlay District “FC” District
XI-10-3.03 Zoning Map
The districts aforesaid and the boundaries of such districts are shown upon the map attached hereto and made a part of this Chapter, being designated as the "Zoning Map of the City of Milpitas," together with "Sectional District Map of the City of Milpitas" supplementary thereto, consisting of an "Index Map" to sectional district maps numbered consecutively, and said map and all notations, references and other information shown thereon shall be as much a part of this Chapter as if the matters and information set forth by said map were all fully described herein.

XI-10-3.04 Letter Designation Includes All Aspects of the Zone Whenever the terms "R" District, "C" District or "M" District are used herein, they shall be deemed to refer to all districts containing the same letter in their names; for example, the term "C" District shall include the "C1" and "C2" District.

XI-10-3.05 Most Restrictive and Least Restrictive Zones The "R1" District is the most restrictive and the "M2" District is the least restricted.

XI-10-3.06 Reference to General Provisions and Exceptions For "General Provisions" and "Exceptions" pertaining to the following district regulations, see Sections 54 and 55 inclusive.

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SECTION 6. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 7
Title XI, Chapter 10, Section 7 (Industrial Zones and Standards) of the Milpitas Municipal Code is hereby amended to read as follows:

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, warehouse, and light manufacturing uses on consolidated sites with supportive ancillary uses such as restaurants, health/fitness centers, limited retail, and child care facilities.

XI-10-7.02 Industrial Use Regulations
A. Permitted and Conditionally Permitted Uses.

1. Primary uses. The uses identified 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 "MCS" 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 permitted 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 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.

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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 services, convenience retail, commercial athletic facilities, child care centers, and restaurants with or without on-site service of alcohol.

B. Prohibited Uses. The following uses are prohibited:

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

2. Uses that have been 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 the 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 businesses2 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 NP NP NP 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 merchandise 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

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Kennel P NP NP NP
Medical support laboratories P NP P MC
Medical and dental offices and clinics P NP P MC
Veterinarian hospital P NP P NP

4. Industrial Uses
Use M1 M2 MP BPRD
Advanced manufacturing P P P P
Assembly from pre-processed materials4 P P P P
Auto assembly facility NP P NP MCS5/N
P
Bottling facility P P NP NP
Building material sales (equipment rental)6 NP C NP NP
Commercial fueling facility C C NP NP
Commercial laboratory P P P P
Contractor's shop6 NP P NP C
Custom and artisan manufacturing P MCS P MCS
Data centers P NP 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 yard6 NP P NP NP
Mini-storage or self storage C C NP NP
Parcel hub P MCS P C
Plumbing, metalworking, glassworking or
woodworking

P P NP C
Plant or facility (assembly of goods,
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 distribution P P P P/C7
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

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Auditorium8 NP NP C NP
Child care center NP NP C1 MCS1
Conference center8 NP NP C MCS
College and university, public or private9 NP NP NP C
Vocational school C NP C C
Farmer's market 10 NP NP C MC
Use M1 M2 MP BPRD
Public utilities11 P P P NP
Transportation facility (taxi, parcel service,
armored car, etc.)6

NP P NP NP
Temporary Public Safety Uses12 C C C NP
Places of assembly13 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)14 P P P P
Mobile Food Park NP NP NP NP
Commissary P NP P MC

10. Vehicle Related Uses
Auto junk yard6 NP C NP NP
Auto repair (tire, oil change, smog check,
etc.)15
C P C16 NP
Mobile Fueling17 P/C P/C P/C P/C
Service stations (with or without repair or
retail)15

C C C NP
With car wash NP C C NP
Vehicle sales and rental (auto, RV and trucknew and used in operable condition)18C C C16 NP Auto broker (wholesale, no vehicles on
site)13

MCS MCS MCS NP
Notes:
1 Limited to accessory uses that support primary employment-generating uses on the same site. Accessory commercial uses such as restaurants and convenience 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 In accordance with the Title III, Chapter 4, Adult Business Ordinance and Subsection XI-10-13.04, Adult Businesses, of this Chapter.
3 Maximum 8,000 gross square feet in size.

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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.
5 Consistent with the intent and purpose of the BPRD Zone to support emerging industries within the high-tech sector, manufacturing and assembling of electric vehicles and other zero-emission vehicles, and/or component parts for such vehicles, may be permitted in this zone through approval of a Minor Conditional Use Permit in accordance with Subsection 57.04 of this Chapter. Manufacturing and assembling of conventional and hybrid vehicles with internal combustion engines, as a higherintensity industrial use, is not permitted in the BPRD Zone. 6 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. 7 Warehousing and distribution facilities up to 150,000 square feet are permitted in the BPRD Zone. Warehousing and distribution facilities that exceed 150,000 square feet may be allowed through the approval of a Conditional Use Permit, in accordance with Subsection 57.04 of this Chapter. In addition to the general required findings for a Conditional Use Permit, the following special finding must be made for approval to be granted for a warehousing and distribution facility greater than 150,000 square feet: That the proposed use will support the continued operations and/or growth of business in the hightech sector, contributing to economic activity and employment opportunities in the Business Park Research and Development Zone.
8 Shall be ancillary to the primary use or associated with business or industrial uses. 9 State has authority over permitting process regarding public facilities. 10 Refer to Subsection XI-10-13.10, Farmers Markets, of this Chapter. 11 Includes service facilities, electric transmission and distribution substations and public utility service centers. 12 See Subsection XI-10-13.11(I), Temporary Public Safety Uses. 13 See Subsection XI-10-7.04(A)(1), Industrial Zone Special Development and Performance Standards. 14 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter. 15 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.
16 Within MP zones, rental and repair may be considered only when ancillary to new auto dealerships. 17 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 Conditional Use Permit. Refer also to the California Fire Code as amended by the City of Milpitas Municipal Code, Title V, Chapter 300.
18 Within MP zones, boat and camper sales are prohibited. Dealerships shall be on property at least three acres or greater in area.

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.

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Standard M1 M2 MP BPRD
Lot Width,
minimum
None None 100 ft. 100 ft.

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

Along nonmajor street: 25
ft. from face of
curb.

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

Along nonmajor 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.
80 ft/5 stories
Parking Setback
from streetfacing property
line, minimum
None None None Surface
parking: 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 0.35
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.

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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 Materials. 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.

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. 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 Industrial District abuts any R District, there shall be provided 100 feet between any 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

Page 691 of 1026 ends

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 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. 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.

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

1. Uses in the MP and BPRD 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. This does not preclude the use of backup or emergency generators. 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 any 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. At least one building entrance must be provided along 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, other openings, or glazed areas for at least 40 percent of the building wall area located between 2.5 feet above the level of the sidewalk and the underside of the roof structure for portions of the façade within 75 feet of the street-facing main entry.

2. No street-facing façade may run in a continuous plane for more than 90 feet without an opening.

Page 693 of 1026 ends

Figure 7.05-1: Façade Design and Transparency

3. All building facades must incorporate window trim and/or window recesses, architectural features, changes in material, changes in texture, 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. Walkways may be located within public utility easement areas provided they are publicly accessible.

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

3. Walkways shall be hard-surfaced and paved with materials that are visually distinct from vehicular access areas in terms of composition, texture, and/or color.

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

5. 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.

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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. Landscaped areas and usable outdoor common open space [see Subsection XI-10-

7.05(D)(2)] equal to a cumulative 10 percent of the site area that:
a. Provides gathering space or opportunities for active or passive recreation and benches or other seating.
b. Provides amenities that 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 6 feet. d. May include on-site stormwater treatment areas and landscaped areas.

2. A minimum of 400 square feet of outdoor eating facilities for the use of employees. Outdoor eating areas shall have a minimum dimension of 12 feet and 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.

This area may be included as part of the open space requirement.

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.

Page 695 of 1026 ends

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.
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 based on canopy size at maturity 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 face a public street or parking areas shall have one or more landscape planters, each a minimum of four feet in depth, installed along a minimum 20 percent of street-facing facades. This 20 percent may include landscape buffers located below windows and other transparent portions of the facade.

Figure 7.05-3: Landscape Planters
d. Parking Areas. A minimum of 10 percent of any parking lot area shall be landscaped in the form of planted islands between rows of parking or between parking stalls. 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

Page 696 of 1026 ends

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.
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 24 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.

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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. c. On-site parking shall not be located within a required setback.

2. Parking Design.
a. Access. Driveways shall not exceed 35 feet in width, except that driveways providing large truck access to truck bays shall not exceed 40 feet in width. All driveways 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. Design. Screening should generally be opaque, but may have some degree of transparency depending on method used (e.g., plant material), and 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. This option does not include the use of chain-link or vinyl fencing.
(c) Planting. Plant materials consisting of compact evergreen plants. 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 within 100 feet of a public street shall not be visible from the public street. The outermost point of the truck docks, loading, and service areas are not permitted within 50 feet of the boundary of a residential district.

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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. On-Site Lighting.
a. Ground-floor building façades and other areas, including parking lots, driveways, pedestrian and bicycle circulation areas, and recesses, shall be illuminated with lighting fixtures that meet the following minimum standards:
i. Open parking lots: One foot-candle at ground level.
ii. Pedestrian paths/bike paths: One foot-candle at ground level. iii. Covered parking: Five foot-candles at ground level. b. Electrical elements for exterior building lighting such as wires, conduits, and panel boxes shall be concealed from public view or painted to match the background surface color.
c. 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.

4. 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.

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SECTION 7. ADOPTION OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 9
Title XI, Chapter 10, Section 9 (Metro Area Zones and Standards) of the Milpitas Municipal Code is hereby added as follows:

Section 9 - Metro Area Zones and Standards
XI-10-9.01 Purpose and Intent
A. Metro Multi-Family High Density Residential ("R3-Metro") 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 MultiFamily 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, Limited 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

Page 700 of 1026 ends

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.

G. Metro Business Park Research and Development (BPRD-Metro) Zone. The purpose of the BPRDMetro 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-Metro 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 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.

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

B. Prohibited Uses. The following 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. Outdoor storage of vehicles.

Page 701 of 1026 ends

d. Private self-storage facilities.
g. Drive through uses (restaurants, pharmacies, etc.).

C. Mixed Use Development. Where a single parcel is proposed 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 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 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-10-9.02-1
Metro Area Zone Uses
Uses
R3
Metro
R4
Metro
R5
Metro
MXD2
Metro
MXD3
Metro
BPRD-R
Metro
BPRDMetroAdditional
Regulations
Commercial
Alcoholic
Beverage Sales
C1 C1 C1 C C C C1
Business
Support
Services
NP NP NP MCS MCS MCS1 MCS1
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

Page 702 of 1026 ends

Uses
R3
Metro
R4
Metro
R5
Metro
MXD2
Metro
MXD3
Metro
BPRD-R
Metro
BPRDMetroAdditional
Regulations
Personal
Services
MCS2 MCS2 MCS2 P
2 P2 C C 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 C3 P P P P P
1 P1 Refer to
Subsection
XI-10-

9.03(A),
Special
Uses
Retail Stores,
General
Merchandise
C3 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
With
collections

NP NP NP C C NP NP
Refer to
Subsection
XI-10-

9.03(A),
Special
Uses
Entertainment and Recreation
Commercial
Athletic
Facilities
NP NP NP P P MCS1 MCS1
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

Page 703 of 1026 ends

Uses
R3
Metro
R4
Metro
R5
Metro
MXD2
Metro
MXD3
Metro
BPRD-R
Metro
BPRDMetroAdditional
Regulations
Hospitals or
Sanitariums
NP NP NP C C NP NP Refer to
Subsection
XI-10-

9.03(B),
QuasiPublic Uses
Massage
Establishment

NP NP NP MC/M
CS4
MC/M
CS4
C1 C1 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
Pharmacy or
Drug Store

NP MCS MCS P P MC MC
Veterinary
Clinic

NP NP NP P P NP NP
Industrial Uses
Advanced
Manufacturing

NP NP NP NP NP P
5 P5
Agriculture P
6 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
Contractor’s
Shop

NP NP NP NP NP NP NP
Custom and
ArtisanManufa
cturing

NP NP NP MCS MCS MCS MCS
Manufacturing,
Assembling,
Packaging, and

NP NP NP NP NP MCS MCS

Page 704 of 1026 ends

Uses
R3
Metro
R4
Metro
R5
Metro
MXD2
Metro
MXD3
Metro
BPRD-R
Metro
BPRDMetroAdditional
Regulations
Processing
Facility
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
5 P5
Soils and
materials
testing
laboratories

NP NP NP NP NP P P
Warehousing
and
Distribution

NP NP NP NP NP NP NP
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 MCS1 MCS1
Public, Quasi-Public and Institutional/Assembly Uses
College and
university,
private

NP NP NP C C P P

Page 705 of 1026 ends

Uses
R3
Metro
R4
Metro
R5
Metro
MXD2
Metro
MXD3
Metro
BPRD-R
Metro
BPRDMetroAdditional
Regulations
Conference
Center

NP NP NP NP NP C C
Community
Garden

P P P P P P P
Day Care
Center

MC MC P P P P
1 P1 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
O7 O7 O7 O7 O7 O7 O7
Places of
Assembly

MC MC MC MCS MCS NP NP
Public Utilities NP NP NP NP NP NP NP
Schools,
private
(elementary,
middle, high)

C C C C C C C
Theater
(indoor)

NP NP NP C C NP NP
Trade and
Vocational
School

NP NP NP C C C C
Transportation
Facilities

C C C C C NP NP
Residential Uses
Court
Dwellings

P P P P P NP NP

Page 706 of 1026 ends

Uses
R3
Metro
R4
Metro
R5
Metro
MXD2
Metro
MXD3
Metro
BPRD-R
Metro
BPRDMetroAdditional
Regulations
Duplex (two
dwellings)

NP NP NP NP NP NP NP
Group Living
Accommodatio
ns

C C C C C C NP
Live/Work C8 C8 C8 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 XI10-13.13,
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 C9 C9 NP NP
Brewery/
Eateries
NP NP NP MCS9 MCS9 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

Page 707 of 1026 ends

Uses
R3
Metro
R4
Metro
R5
Metro
MXD2
Metro
MXD3
Metro
BPRD-R
Metro
BPRDMetroAdditional
Regulations
With on-site
service of
alcohol
C3 C C P/C10 P/C10 C1 C1 Refer to
Subsection
(XI-10-

9.03(C)(5)
Without onsite service of
alcohol
MCS3 P P P/C10 P/C10 P
1 P1 Refer to
Subsection
(XI-10-

9.03(C)(5)
With music
(indoor/outdo
or)

NP NP NP P
9 P9 NP NP Refer to
Subsection
(XI-10-

9.03(C)(5)
With other
live
entertainment
NP NP NP C11 C11 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 MC12 MC12 NP NP
Auto Sales NP NP NP NP NP NP NP
Mobile
Fueling13
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
Accessory
Dwelling Unit
P P P P P P NP Refer to
Subsection
XI-10-

13.08,
Accessory

Page 708 of 1026 ends

Uses
R3
Metro
R4
Metro
R5
Metro
MXD2
Metro
MXD3
Metro
BPRD-R
Metro
BPRDMetroAdditional
Regulations
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 NP
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. A Conditional Use Permit is required for storage space that exceeds 25,000 square feet, and in no case may storage space exceed 300,000 square feet.

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

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

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

Page 709 of 1026 ends

9. 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.

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

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

12. Bicycle and auto rental agency, excluding commercial vehicles, trucks, buses, vans, boats and RV rentals, must be fully enclosed within a building.

13. 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 stores, 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, except for approved outdoor seating areas;

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

5. Not listed as a prohibited use in Section XI-10-9.02(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 auditoriums, 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 requiring 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 Related Uses.
b. Transportation facilities without outdoor storage of vehicles.

Page 710 of 1026 ends

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 shall comply with the following standards:
a. All operations shall be conducted completely within an enclosed building. 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-Metro and MXD3-Metro zones:

1. Outdoor music as an accessory use in conjunction 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 permitted 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 and 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 recorded 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. Restaurants shall comply with the following performance standards:
a. Outdoor seating is allowed if it has been approved 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 standards of Section 10-13.19 – Outdoor Dining. c. The restaurant shall comply with the City Council's Guidelines for Recycling Enclosures (Resolution No. 6296).

Page 711 of 1026 ends

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 out; replace very dirty dumpsters with new, clean ones.
iii. Double bag waste to prevent leaking.
iv. Place, do not drop or throw, waste-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 employees 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 the 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
BPRDMetro
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

Page 712 of 1026 ends

Standard R3 Metro R4 Metro R5 Metro MXD2
Metro
MXD3
Metro
BPRD-R
Metro
BPRDMetro
FAR n/a n/a n/a
Mixed
Use: min.

1.0, max.

2.5 Mixed
Use: min.

2.5, max.

5.0 MixedUse: min.

1.0, max.

5.0 FAR;
nonresidentia
l uses:
min. 1.0
Min. 1.0,
Max. 2.5-

4.02 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 Min. 20 ft
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
(min.)
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:

Each side
12 ft min,
total 30 ft
both sides
10 ft
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 10 ft
Street Side
Setback Min. 10 ft
8 ft min.,
15 ft max.
from back
of
sidewalk
12 ft min.,
20 ft max.
from back
of
sidewalk
Min. 0 ft Min. 12 ft,
Max. 20 ft
Min. 10
ft, Max.
15 ft
Min. 0 ft

Page 713 of 1026 ends

Standard R3 Metro R4 Metro R5 Metro MXD2
Metro
MXD3
Metro
BPRD-R
Metro
BPRDMetro
Rear
Setback
(min.)
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 a
R zone; 20
ft for
portions of
building
over 60 ft
or 4
stories tall
15 ft; 20 ft
when
abutting a
R zone; 30
ft for
portions of
building
over 60 ft
or 4
stories tall
10 ft 10 ft
Creek/
Drainage
Channel
Setback
25 ft min. 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 ft3 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-site5 Non-residential projects: Min. 25 contiguous sq ft per 10,000 sq ft nonresidential floor area.

Min. 25
contiguou
s sq ft per
10,000 sq
ft nonresidential
floor area
excluding
retail,
restaurant,
or service
areas

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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.

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 exceed 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 Collecting 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 within 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 R11 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 mixed-use projects must be occupied by residential use(s).

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

1. Fences, Hedges and Walls.
a. 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 review authority. Modifications regarding landscaping, fencing and walls at existing

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developed sites shall be subject to the provisions of Subsection 54.10, Fences and Walls, of this Chapter.
b. Temporary buffers must be installed 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 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 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 Materials. 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 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.

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. Discharge 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 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 any material designed for use as an explosive, or in the use of such material in production.

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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.

D. Equipment and Screening in all Metro Zones.

1. Trash enclosures and utility equipment (mechanical, electrical, and plumbing) may not be located within the front setback. Public utilities are excluded from this requirement.

2. All exterior equipment and enclosures shall be screened 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, Equipment 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, the Objective Design Standards supersede.

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.

C. Block Length.

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 steppedback 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 steppedback 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.

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Milpitas City CouncilJune 4, 2024

Milpitas City Council
June 4, 2024