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.
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 nontransient 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, Public Hearing Draft | Milpitas New Zoning Districts | 23
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.
T
"Thrift Store" means any profit or nonprofit business, organization, group or otherwise that engages in or specializes in the sale or resale of previously owned or used goods and merchandise from an area greater than 25 percent of the total floor area devoted to retail sales and whose goods and merchandise are donated or primarily donated. A specialty retail store that sells used goods or merchandise not donated for sale, including but not limited to used record stores, used book stores, used furniture stores, and sports trading card stores, shall not be considered a thrift store for the purpose of this Chapter. "Townhouses" means dwelling units that are attached at their sides in groups of three or more and are sited on individual lots with vehicular access from driveways. Private rear yards or patios and common open space may be part of a townhouse development.
Trailer, Automobile. "Automobile trailer" means a vehicle without motive power designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons and property, including a trailer coach or house trailer.
"Transitional Housing" means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months as defined in the California Health and Safety Code Section 50801(e), as may be amended. "Tri-laminate Asphalt Composition" means an asphalt composition roof material that is comprised of three layers of tile adhered together to create one shingle and when installed overlap with another row of three-layered tile for a total minimum thickness of ⅞ inches.
"Tutoring Centers" means facilities offering academic instruction to individuals or groups in a classroom setting.
"Two-unit Project" means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot.
U
24 | Milpitas New Zoning Districts | Public Hearing Draft
"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, 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.
Public Hearing Draft | Milpitas New Zoning Districts | 25
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."
(Ord. No. 38.848 , § 4, 11/15/22; Ord. No. 38.846 , § 4, 10/19/22; Ord. No. 38.847 , § 5, 8/16/22; Ord. No. 38.844 , § 4, 12/14/21; Ord. No. 38.841 , § 4, 5/4/21; Ord. No. 38.835 , § 4, 3/3/20; Ord. No. 38.839 , §§ 4, 5, 12/3/19; Ord.
No. 38.837 , § 4, 11/5/19; Ord. No. 38.836 , § 4, 9/3/19; Ord. No. 38.833, § 4, 5/7/19; Ord. No. 38.823, § 3, 11/17/15; Ord. No. 38.816, § 3, 9/2/14; Ord. No. 38.813, § 2, 4/1/14; Ord. No. 38.810, § 3, 12/3/13; Ord. No.
38.808, § 2, 5/21/13; Ord. No. 38.803, §§ 2—5, 4/17/12; Ord. No. 38.793, § 2, 5/17/11; Ord. No. 38.788, §§ 4—6, 9/7/10; Ord. No. 38.795, §§ 3—15, 4/6/10; Ord. No. 38.792, § 2, 8/4/09; Ord. No. 38.789, §§ 2—7, 4/21/09; Ord.
No. 38.785, § 2, 4/7/09; Ord. 38.780 (2) (part), 8/19/08) 26 | Milpitas New Zoning Districts | Public Hearing Draft
Title XI - ZONING, PLANNING AND ANNEXATION
Chapter 10 - ZONING
Section 3 Zoning Districts
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
"PD" Planned Development District "PD" District
(Ord. 38.814, § 3, 4/15/14; Ord. 38.777 (4), 6/17/08: Ord. 38.759 (part), 4/2/02; Ord. 38.733 (part), 1/6/98; Ord. 38 (part), 3/15/55)
Public Hearing Draft | Milpitas New Zoning Districts | 27
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 CombiningOverlay District "MHP" District "OO" Gateway Office Overlay Combining 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
(Ord. No. 38.795, § 16, 4/6/10; Ord. 38.782(1), 12/16/08; Ord. 38.776(3), 3/18/08; Ord. 38.761 (part), 5/20/03; Ord. 38.759 (part), 4/2/02; Ord. 38.663(B) (part), 8/20/91; Ord. 38 (part), 3/15/55) 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.
(Ord. 38.777 (5), 6/17/08: Ord. 38 (part), 3/15/55)
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.
(Ord. 38 (part), 3/15/55)
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. (Ord. 38 (part), 3/15/55)
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.
(Ord. 38 (part), 3/15/55)
28 | Milpitas New Zoning Districts | Public Hearing Draft
Title XI - ZONING, PLANNING AND ANNEXATION
Chapter 10 - ZONING
Section 7 Industrial Zones and Standards
Section 7 Industrial Zones and Standards
XI-10-7.01 Purpose and Intent
A. Light Industrial (M1) Zone. The M1 Light Industrial District is reserved for the construction, use and occupancy of buildings and facilities for office, research, limited and light manufacturing, and other uses compatible with the district.
B. Heavy Industrial (M2) Zone. The M2 Heavy Industrial District is reserved for the construction, use, and occupancy of buildings and facilities for office, research, general manufacturing, warehousing and distribution and other uses compatible with the district.
C. Industrial Park (MP) Zone. The MP District is intended to accommodate, in a park-like setting, a limited group of research, professional, packaging and distribution facilities and uses which may have unusual requirements for space, light, and air, and the operation of which are clean and quiet and which meet the standards set herein.
D. Business Park Research and Development (BPRD) Zone. The purpose of the BPRD District is to designate specific areas of the city as important employment centers, especially for jobs in the hightech industry. The BPRD zone is intended to accommodate business parks, high-intensity office buildings, advanced manufacturing, and other light industrial uses, and to enable the integration and growth of research and development, office, warehouse, and light manufacturing uses on consolidated sites with supportive ancillary uses such as restaurants, health/fitness centers, limited retail, and child care facilities. (Ord. No. 38.803, § 8, 4/17/12; Ord. No. 38.789, § 9, 4-21-09) XI-10-7.02 Industrial Use Regulations
A. Permitted and Conditionally Permitted Uses.
1. Primary uses. The uses 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 Section Subsection XI-10-57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Cchapter.
O Where the symbol "O" appears, the use is subject to an alternative review process described in a subsequent footnote.
Public Hearing Draft | Milpitas New Zoning Districts | 29
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 businesses12 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 merchandise2 C NP C NP
2. Entertainment and Recreation Uses
Billiards C NP C NP
Commercial athletic facilities C NP C MCS1, 3
3. Health and Veterinarian Uses
Hospitals NP NP C NP
Kennel P NP NP NP
Medical support laboratories P NP P MC
Medical and dental offices and clinics2 P NP P MC
Veterinarian hospital P NP P NP
4. Industrial Uses
30 | Milpitas New Zoning Districts | Public Hearing Draft
Use M1 M2 MP BPRD
Advanced manufacturing P P P P
Assembly from pre-processed materials34 P P P P
Auto assembly facility NP P NP MCS5/NP
Bottling facility P P NP NP
Building material sales (equipment rental)46 NP C NP NP Commercial fueling facility C C NP NP
Commercial laboratory P P P P
Contractor's yard and offices4shop6 NP CP NP C
Custom and artisan manufacturing P MCS P MCS
Data centers P NP P P
Distribution facility P P P
Dry-cleaning plant P P NP NP
Film processing, photo finishing and printing,
etching, lithography, printmaking, and other
similar creative industries
P MCS P MCS
Freight and trucking yard46 NP P NP NP
Mini-storage complexor self storage C C NP NP
Parcel hub P MCS P C
Plumbing, metalworking, glassworking or
woodworking
P P NP C
Plant or facility (research & development,
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 wholesaledistribution 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
Auditorium58 NP NP C NP
Child care center NP NP C1 MCS1
Conference center58 NP NP C MCS
College and university, public or private9 NP NP NP C
Vocational school C NP C C
Farmer's market(not including flea market)610 NP NP C MC Public Hearing Draft | Milpitas New Zoning Districts | 31
Use M1 M2 MP BPRD
Public utilities711 P P P NP
Transportation facility (taxi, parcel service,
armored car, etc.)46
NP P NP NP
Temporary Public Safety Uses812 C C C NP
Places of assembly913 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)1014 P P P P
Mobile Food Park NP NP NP NP
Commissary P NP P MC
10. Vehicle Related Uses
Auto junk yard46 NP C NP NP
Auto repair (tire, oil change, smog check,
etc.)1115
C P C1216 NP
Mobile Fueling17 P/C P/C P/C P/C
Service stations (with or without repair or
retail)1115
C C C NP
With car wash NP C C NP
Vehicle sales and rental (auto, RV and truck-new
and used in operable condition)1318
C C C1216 NP
Auto broker (wholesale, no vehicles on site)913 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.
When found necessary to serve and appropriate to the industrial area.3 Maximum 8,000 gross square feet in size. 4 Assembling, packaging, or distribution from previously prepared materials, such as cloth, plastic, paper, leather, precious or semi-precious metals or stones, electric or electronic instruments and devices such as television, radios, and pharmaceutical products. 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 higher-intensity 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 32 | Milpitas New Zoning Districts | Public Hearing Draft
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 high-tech 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. (Ord. No. 38.837 , §§ 7, 8, 11/5/19; Ord. No. 38.836 , § 5, 9/3/19; Ord. No. 38.827, § 2, 2/21/17; Ord. No. 38.803, § 8, 4/17/12; Ord. No. 38.795, §§ 24, 25, 4/6/10; Ord. No. 38.789, § 9, 4/21/09) XI-10.7.03 Industrial Zone General Development Standards A. The following minimum or maximum requirements shall be observed.
Table XI-10-7.03-1
Industrial Zone Development Standards
Standard M1 M2 MP BPRD
Lot Area, minimum None None Individual sites
shall be of such
size to that all
space
requirements in
this table are
satisfied.
25,000 sq. ft.
Lot Width,
minimum
None None 100 ft. 100 ft.
Front Yard Setback,
minimum
Along major street:
35 ft. from face of
curb.
Along non-major
street: 25 ft. from
face of curb.
Along major street:
35 ft. from face of
curb.
Along non-major
street: 25 ft. from
face of curb.
35 ft. 10 ft.
Side Yard Setback
(interior),
minimum
None None 10 ft. None; 20 ft where
abutting an R zone
Public Hearing Draft | Milpitas New Zoning Districts | 33
Standard M1 M2 MP BPRD
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 street-facing
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.
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. (Ord. No. 38.803, § 8, 4/17/12; Ord. No. 38.789, § 9, 4-21-09) 34 | Milpitas New Zoning Districts | Public Hearing Draft
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 MIndustrial District abuts any R District, there shall be provided 100 feet between any M building on an industrially zoned parcel and the nearest property line of any R District. Applicants are advised that mitigating improvements may be needed to eliminate any adverse impacts from the residences and that additional requirements may be imposed on the developer to remedy the situation.
2. Outdoor Storage. Outdoor storage for such things as trash and materials shall be permitted only when said storage areas are suitably screened with a solid wall or tight board fence and are located at least 100 feet from any R District and not within any required front or street side yard. Said location and screening of outdoor storage areas shall be to the approval of the Planning Commission. Modifications regarding outdoor storage at existing developed sites shall be subject to the provisions of Subsection
54.16, Trash Enclosures, Equipment and their Screening, of this Chapter.
3. Places of Assembly. Places of Assembly are prohibited in the M2 Heavy Industrial (M2) Zone and Business Park Research and Development (BPRD) Zone. When any place of assembly use is established in an M1 or MP zone after the effective date of this Ordinance, such use shall be subject to the following requirements:
a. Applicant shall submit a review of potential hazardous site conditions and potential exposure of site users to these conditions. At a minimum, a Phase I Environmental Site Assessment (ESA) shall be performed for each proposed assembly use within the City's Light Industrial (M1), and Industrial Park (MP) zoning districts. Each individual project shall comply with the recommendations of the Phase I Environmental Site Assessment (which may include conducting Phase II sampling and implementing the recommendations of the Phase II ESA that may include cleanup of hazardous materials) and demonstrate that exposure of site users to hazardous materials conditions would be below established thresholds prior to approval of the Conditional Use Permit. In addition, an Accidental Release Assessment (ARA) shall be performed for each proposed assembly use within the City's Light Industrial (M1) and Industrial Park (MP) zoning districts to determine if unacceptable safety risks may result from the proposed change in use.
The ARA shall review and evaluate any and all Risk Management Plans prepared for facilities in the vicinity under the California Accidental Release Prevention (CalARP) program. The environmental professional preparing the ARA shall determine, based on Alternative Release Scenarios, whether the proposed new assembly use would result in unacceptable safety risks due to proximity of uses handling or emitting acutely hazardous materials. If unacceptable risks are identified, the proposed use shall not be allowed.
b. Applicant shall submit a further noise study. The noise study shall demonstrate that ambient noise conditions within the vicinity of the proposed assembly use do not exceed the City's "normally acceptable" Noise Compatibility Standard of 70 dBA Ldn. In the event that existing Public Hearing Draft | Milpitas New Zoning Districts | 35
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.
C. Special Development Standards in the MP Zonesand BPRD zones.
1. Uses in the DistrictMP and BPRD zones shall be such those they:
a. Emit no obnoxious, toxic or corrosive fumes or gases. b. Emit no odors perceptible at the property line.
c. Emit no smoke. 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.
36 | Milpitas New Zoning Districts | Public Hearing Draft
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.
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.
Public Hearing Draft | Milpitas New Zoning Districts | 37
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.
E. Landscaping.
38 | Milpitas New Zoning Districts | Public Hearing Draft
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 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, Public Hearing Draft | Milpitas New Zoning Districts | 39
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.
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. 40 | Milpitas New Zoning Districts | Public Hearing Draft
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.
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.
Public Hearing Draft | Milpitas New Zoning Districts | 41
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. (Ord. No. 38.803, § 8, 4/17/12; Ord. No. 38.795, § 26, 4/6/10; Ord. No. 38.789, § 9, 4/21/09) 42 | Milpitas New Zoning Districts | Public Hearing Draft
Title XI - ZONING, PLANNING AND ANNEXATION
Chapter 9 - ZONING
Section 9 Metro Area Zones and Standards
Section 9 Metro Area Zones and Standards (New Section)
XI-10-9.01 Purpose and Intent
A. Metro Multi-Family High Density Residential ("R3-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 Multi-Family High Density Residential (MFH) land use designation as described in the Metro Specific Plan.
B. Metro Multi-Family Very High Density Residential ("R4-Metro") Zoning District. The purpose of the R4-Metro zoning district is to create and enhance very high-density residential areas (densities in the range of 40 to 85 dwelling units per acre) characterized by low- and mid-rise multi-family residential buildings and compatible commercial uses where appropriate. The "R4" District is intended to provide for higher-density residential "villages" structured around transit stations, streets, creek side open spaces, trails and parks. The R4-Metro zone implements the Multi-Family Very High Density Residential (VHD) land use designation as described in the Metro Specific Plan.
C. Metro Urban Residential ("R5-Metro") Zoning District. The purpose of the R5-Metro zoning district is to create and enhance very high-density residential areas (densities in the range of 70-120 dwelling units per acre) characterized by high-rise residential buildings and compatible commercial uses structured around transit stations. The R5-Metro zone implements the Urban Residential (URR) land use designation as described in the Metro Specific Plan.
D. Metro High Density Mixed Use ("MXD2-Metro") Zoning District. The purpose of the MXD2-Metro zoning district is to create and enhance areas with a mix of retail, restaurant, entertainment, and commercial service uses on the ground floor and residential or office uses on upper stories, while maintaining a pedestrian-oriented streetscape (mixed-use FARs in the range of 1.0 to 2.5 and residential densities in the range of 40 to 85 dwelling units per acre). It is intended that the required active ground floor uses will ensure neighborhood-oriented retail and services are provided within walking distance of high-density residential development. The MXD2-Metro zone implements the Residential Retail Mixed Use (RRMU) land use designation as described in the Metro Specific Plan.
E. Metro Very High Density Mixed Use ("MXD3-Metro") Zoning District. The purpose of the MXD3-Metro zoning district is to create and enhance urban areas characterized by a mix of very-high density housing, retail and employment uses (mixed-use FARs in the range of 2.5 to 5.0 and residential densities in the range of 85 to 250 dwelling units per acre). The MXD3-Metro zone implements the Boulevard Very High Density Mixed Use (BVMU) land use designation as described in the Metro Specific Plan.
F. Metro Business Park Research and Development, 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, highintensity office buildings, advanced manufacturing, other light industrial uses, and limited residential uses. It also enables the integration and growth of research and development, office, and light manufacturing uses on consolidated sites with supportive ancillary uses, typically on the ground floor, such as restaurants, health/fitness centers, limited retail, and child care facilities. The BPRD-R-Metro zone implements the Business Park Research and Development, Limited Residential (BPRD-H) land use designations as described in the Metro Specific Plan.
Public Hearing Draft | Milpitas New Zoning Districts | 43
NEW SECTION
G. Metro Business Park Research and Development (BPRD-Metro) Zone. The purpose of the BPRD-Metro zoning district is to designate specific areas of the city as important employment centers, especially for jobs in the high-tech industry (FARs in the range of 1.0 to 2.5, with additional FAR up to 4.0 for properties within 1,000 feet of the Milpitas Transit Center). The BPRD-Metro Zone is intended to accommodate business parks, highintensity 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.
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.
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.
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 44 | Milpitas New Zoning Districts | Public Hearing Draft
NEW SECTION
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
Personal Services MCS2 MCS2 MCS2 P2 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 P1 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 Refer to Subsection XI-10- With collecƟons NP NP NP C C NP NP 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
Hospitals or
Sanitariums
NP NP NP C C NP NP Refer to Subsection XI-10-
9.03(B), Quasi-Public Uses
Massage Establishment NP NP NP MC/MC
S4
MC/MC
S4
C1 C1 Refer to Title III, Chapter 6
of the Milpitas Municipal
Code and to Subsection XI10-13.16
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
Public Hearing Draft | Milpitas New Zoning Districts | 45
NEW SECTION
Uses
R3
Metro
R4
Metro
R5
Metro
MXD2
Metro
MXD3
Metro
BPRD-R
Metro
BPRDMetroAdditional Regulations
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 P5 P5
Agriculture P6 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 Artisan
Manufacturing
NP NP NP MCS MCS MCS MCS
Manufacturing,
Assembling, Packaging,
and Processing Facility
NP NP NP NP NP MCS MCS
Parcel hub NP NP NP NP NP NP MC
Printing (Newspaper,
Blueprint, Publishing)
NP NP NP NP NP NP MC
Research and
Development
NP NP NP NP NP P5 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
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 P1 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
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Uses
R3
Metro
R4
Metro
R5
Metro
MXD2
Metro
MXD3
Metro
BPRD-R
Metro
BPRDMetroAdditional Regulations
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
Duplex (two dwellings) NP NP NP NP NP NP NP
Group Living
Accommodations
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 XI-10-13.13,
Special Uses, Single Room
Occupancy Residences
Transitional and
Supportive Housing
P P P P P P NP Refer to CA Government
Code Sec. 65582
Restaurants or Food Service
Bar or Nightclub NP NP NP 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
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 on-site
service of alcohol
MCS3 P P P/C10 P/C10 P1 P1 Refer to Subsection (XI-10-
9.03(C)(5)
With music
(indoor/outdoor)
NP NP NP P9 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
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NEW SECTION
Uses
R3
Metro
R4
Metro
R5
Metro
MXD2
Metro
MXD3
Metro
BPRD-R
Metro
BPRDMetroAdditional Regulations
Accessory Dwelling Unit P P P P P P NP Refer to Subsection XI-10-
13.08, Accessory Dwelling
Units
Model home complex P P P P P NP NP Refer to Subsection XI-10-
13.11(E), Model Home
Complexes and Sales
Offices
Large family child care
home
P P P P P P NP Refer to Subsection XI-10-
13.06, Large Family Child
Care and Child Care
Centers
Small family child care
home
P P P P P P 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 rezoned to POS.
8. Allowed non-residential uses to be specified through the Conditional Use Permit process.
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.
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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. 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:
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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).
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.
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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
BPRD-Metro
Min.Lot Area 8,000 sq ft none none none none none none
Residential
Density1 30-40 units/ac 40-85 units/ac 70-120 du/ac 40-85 units/ac 85-250units/ac No min. or
max. n/a
FAR n/a n/a n/a
Mixed Use:
min. 1.0, max.
2.5 Mixed Use:
min. 2.5, max.
5.0 Mixed Use:
min. 1.0,
max. 5.0;
nonresidential
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
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
10 ft; 15 ft
when
abutting
residential; 20
ft for portions
of buildings
10 ft 10 ft
Public Hearing Draft | Milpitas New Zoning Districts | 51
NEW SECTION
Standard
R3 Metro R4 Metro R5 Metro MXD2 Metro MXD3 Metro BPRD-R Metro
BPRD-Metro
25 ft both
sides
3-3.5 story:
Each side 12
ft min, total
30 ft both
sides
60 ft or 4
stories tall
over 60 ft or 4
stories tall
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
Rear Setback
(min.)
1 story: 30 ft
2-2.5 story: 35
ft
3-3.5 story: 40
ft
10 ft
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/Draina
ge 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 non-residential floor area.
Min. 25
contiguous sq
ft per 10,000
sq ft nonresidential
floor area
excluding
retail,
restaurant, or
service areas
1. When determining the density of non-traditional housing configurations such as group living accommodations and single-room occupancy residences, three bedrooms may be counted as the equivalent of one unit.
2. Maximum allowed FAR is based on the following sliding scale:
2.5 for properties farther than 3,000 ft from the Milpitas Transit Center; 3.0 for properties within 3,000 ft from the Milpitas Transit Center; 52 | Milpitas New Zoning Districts | Public Hearing Draft
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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 R-11 to R-29, which all provide lower-income housing capacity (see City of Milpitas 2023-2031 Housing Element Table E-14 and Figures E-4 and E-5). On these rezone sites (sites R-11 to R-29), the following shall apply:
1. Owner-occupied and rental multi-family housing uses shall be allowed by right (i.e., without any discretionary review) when at least 20 percent of the units will be affordable to lower income households.
2. 100 percent residential use is allowed.
3. A minimum of 50 percent of the floor area in 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 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.
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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.
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 MixedUse Objective Design Standards in addition to the standards of this Subsection 10-9.06. Where standards of 54 | Milpitas New Zoning Districts | Public Hearing Draft
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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 stepped-back from the ground-floor street-facing building façade by a minimum of 8 feet.
2. In the MXD2-Metro and MXD3-Metro zones, the fourth floor and above must be stepped-back from the ground-floor street-facing building façade by a minimum of 8 feet.
3. In the BPRD-R Zone, the fifth floor and above must be stepped-back from the ground-floor streetfacing building façade by a minimum of 8 feet.
Figure 9.06-1: Building Step-Back
4. Non-residential building façades over 80 feet in length shall break up long street walls through at least two of the following features: recesses a minimum six feet in depth; awnings; colonnades; projections a minimum four feet in depth; step-backs a minimum six feet in depth; window reveals; cornice treatment; and changes in color and material.
5. Non-residential building height must vary such that the building has at least one change in height of at least one story. This may be achieved through changes in pitch, plane, orientation, a change in the number of stories, differentiated forms, projections and recesses and/or special architectural features such as towers.
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NEW SECTION
E. Ground Floor Commercial Design Standards. On retail mixed use streets, and in any other areas with ground floor retail, restaurant, and commercial service uses, the following standards apply:
1. Ground floor spaces shall be a minimum of 60 feet in depth for a minimum of 50 percent of the space, and a minimum of 40 feet in depth for any remaining space.
2. Floor to Ceiling Height.
a. Retail: Minimum 18 feet floor-to-floor and a minimum 14 feet clear. b. Office: Minimum 14 feet.
3. Building Entrances. There shall be at least one entrance per 100 feet of building frontage and the main entrance may not face a parking lot.
4. Wall Plane Articulation. Windows, doors, columns, and other features shall be recessed or project forward, such that there is a six-inch difference between wall and window surfaces and a total of at least eighteen inches from the window to the outermost plane of a wall or column.
5. Floor Elevation. Ground floor elevation shall be no more than two feet above or below the sidewalk level.
F. Building Materials.
1. Ground Floor Materials. All ground floor exterior materials shall be durable, quality materials, such as glass, concrete, precast concrete, aluminum and high quality metal panels, composite panels, stone, and stucco.
2. Non-residential Building Materials. Primary building materials in all non-residential construction shall store carbon (e.g., wood, calcium carbonate-based cementitious substances, synthetic limestone).
3. Glass Materials. Glass types shall be clear glass, frit glass, sandblasted glass, spandrel glass, or channel glass. Glazing should provide a high degree of light transmittance and be non-reflective.
4. Roofing Materials. Roof design and materials shall include vegetated roofs, high-albedo built-up roofs, high albedo single-ply roofing, metal, terracotta tile, concrete tile, composite concrete tile, skylights, solar collectors, and photovoltaics.
4. Window Materials. Vinyl-frame windows and doors are prohibited. Wood-framed windows must have metal or fiberglass cladding on the exterior. Metal-frame windows must be thermally broken.
G. Unit Design.
1. A minimum of 10 percent of units in any single residential project shall be designed to be accessible to all users using the principles of Universal Design.
2. Public plazas shall be constructed with ADA-compliant ramps and tactile warning strips at the crosswalks. Equipment and facilities such as tables, trash cans, restrooms, and drinking fountains should allow for universal access, including people of all ages and ability levels.
H. Landscaping and Site Design.
1. All development projects shall include on-site vegetated stormwater treatment and landscaping and shade trees at a rate of one tree per 5,000 square feet of the residential building footprint and one tree for every 10,000 square feet of developed lot area for non-residential or mixed-use development.
2. Where a creek runs under a site, the applicant must coordinate with the City Planning Department to daylight the waterway as part of the site design.
3. All applicants shall also reference the Santa Clara Valley Urban Runoff Pollution Prevention Program C.3 Stormwater Handbook.
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I. Parks and Publicly Accessible Open Spaces.
1. All development projects shall dedicate land for parks if a park is shown on the subject property on Figure 2-16: Existing and Proposed Parks, of the Metro Specific Plan.
2. Privately-owned public open space must remain accessible and open to the public during business hours. Private single-access gates are prohibited.
2. The Recreational Value System as described in the Metro Specific Plan Section 2.8, Parks and Public Spaces Framework, shall be used to ensure park improvements provide a diversity of active, contemplative, and social gathering experiences.
3. Parks must be bordered by a public right-of-way such as a street, trail or railroad, on at least three sides, and must be clearly visible and accessible from all abutting rights-of-way.
4. Small neighborhood-serving parks less than one-quarter acre must be located a minimum 500 feet from Montague Expressway, the Great Mall Parkway, or any rail line.
5. Seating shall be provided in all publicly-accessible open spaces. Seating may include both moveable and fixed seating as well as seat walls, steps, boulders, and other multi-use objects and must be placed along pathways and within or near gathering spaces.
J. Common and Private Open Spaces.
1. Private open spaces may take the form of balconies, patios, gardens, porches, decks, or roof decks.
2. Usable open space surfaces may be any combination of lawn, garden, flagstone, wood planking, concrete, or other dust-free surfacing, and may not exceed 10 percent slope.
2. Universal access shall be provided to all rooftop amenities. An accessible path to a publicly accessible restroom on an adjacent floor or at the rooftop level shall be provided for any common outdoor open space on the rooftop.
3. A minimum of 10 percent of common rooftop open spaces shall be landscaped using green roofs or planters.
K. Parking Design. Where parking is required or proposed, it must comply with the following:
1. Parking location. Off-street parking must be located in:
a. Ground-floor “tuck-under” individually secured garages; b. Shared garages (podium or underground); or
c. Above-ground structures “wrapped” with habitable uses.
2. Tandem Parking. Tandem parking may be provided in accordance with the following:
a. No more than two vehicles may be placed one behind the other. b. Both spaces shall be assigned to a single dwelling unit or to employees of the same nonresidential establishment. c. Each tandem parking bay must be a minimum 40 feet in length by 10 feet in width.
3. Ground-level visibility.
a. Individually secured garages. Individually secured garages shall be accessed from a shared rear or side drive aisle where such abuts the property. Where individual garages are accessed from the right-of-way, garages shall occupy no more than 50 percent of the frontage of each unit.
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NEW SECTION
Figure 9.06-2: Individual Garages
b. Structured parking. Structured parking may not be located along the ground-level building frontage unless the parking is:
i. Recessed a minimum of four feet from the rest of the building façade and screened with a living wall or textured or decorative screening; or
ii. Designed such that the parking area is located in a basement, where the vertical distance from grade to the finished floor directly above the parking area is a maximum of 42 inches.
Figure 9.06-3: Structured Parking Ground Level
4. Upper-level visibility. All upper-level street-facing structured parking must be screened from view from the right-of-way by at least one of the following features:
a. Regular openings designed to resemble windows of habitable spaces that do not reflect the sloping floor lines of interior parking ramps on the facade; b. A trellis or living wall; or
c. Textured or decorative screening.
5. Vehicle access. Parking must comply with the following standards:
a. A maximum of one driveway to shared parking is permitted on street frontages up to 120 feet in length; a maximum of two shared driveways are permitted on street frontages exceeding 120 feet in length.
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NEW SECTION
b. Controlled entrances to shared parking facilities (i.e., gates, doors, etc.) shall be located a minimum of 10 feet from the back of sidewalk.
c. Vehicular entrances to parking areas shall be a minimum of 80 horizontal feet from vehicular entrances to parking areas on adjacent properties.
d. Mechanical parking lifts are allowed in all structured parking configurations.
Figure 9.06-4: Parking Access
6. Parking separation. Parking for residential units shall be physically separated from parking for nonresidential uses through a controlled fence, gate, or other barrier.
L. Pedestrian and Bicycle Circulation.
1. A system of pedestrian walkways shall connect all primary buildings entrances on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas, pedestrian amenities, and transit stops.
2. Walkways shall be the shortest practical distance between the primary building entrance and sidewalk, generally no more than 125 percent of the straight-line distance.
3. Walkways must link the entrances with on-site open spaces, on-site services, and other internal facilities.
4. Walkways shall be a minimum of five feet wide, hard-surfaced, and paved with permeable materials.
5. Where a required walkway crosses a driveway, parking area, or loading area, it must be clearly identifiable through a raised crosswalk, a different paving material, or similar method.
6. Where a required walkway is parallel and adjacent to a vehicle travel area, it must be raised or separated from the vehicle travel lane by a raised curb at least four inches high, bollards, or other physical barrier.
M. Utilities.
1. Utilities shall be placed in underground or subsurface conduits.
2. All mechanical equipment, ground transformers and meters shall be located and screened to minimize visual impacts.
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NEW SECTION
3. Rooftop mechanical equipment shall be concealed from street level views through roof designs that area architecturally integrated with the building, such as equipment wells and parapets.
4. Public utility distribution meters, vaults and similar installations shall be consolidated in a single area whenever possible and located away from highly visible areas such as street corners and public open spaces.
5. Backflow preventors shall be located within landscaped setback areas and painted black or dark green to minimize visual impact. Where no landscaped setback areas exist the backflow preventors shall be incorporated into the front of the building to minimize visual obtrusiveness.
6. Refuse and recycling containers shall not be visible from a public or private street. Such containers shall be stored either within the parking facility of the building or within a vehicular accessway with screening designed to meet the requirements of this section.
7. Trash enclosure walls shall incorporate building materials and colors that match the architecture of the building and be well landscaped.
8. All telecommunications antennas shall be building facade or roof mounted and screened appropriately.
9. On Main Street only telecommunication facilities that are disguised to appear as a part of the building architecture (i.e., "stealth" antennas) may be used.
XI-10-9.07 Affordable Housing
Affordable housing units should be provided in all new housing projects consistent with Title XII, Chapter 1 (Affordable Housing Ordinance).
XI-10-9.08 Exceptions to Standards
1. Exceptions to all but the use, floor area ratio, density, and park land requirement regulations of this Section may be approved by the Planning Commission through approval of a Conditional Use Permit in accordance with the requirements of Section 57, Conditional Uses Permitted by Commission, of this Chapter.
2. In addition to the required findings under Chapter 57, the Planning Commission must be able to make the following additional findings for such exceptions:
a. The exceptions meet the design intent identified within the Zoning District and/or Specific Plan and do not detract from the overall architectural, landscaping and site planning integrity of the proposed development.
b. The exceptions allow for a public benefit not otherwise obtainable through the strict application of the specified standard.
c. The project design in its totality does not adversely impact adjoining properties to a greater degree than a project that complies with all development standards. Impacts to be considered include: access to sunlight, views, shadows on parks and open space, privacy, and noise. 60 | Milpitas New Zoning Districts | Public Hearing Draft
Title XI - ZONING, PLANNING AND ANNEXATION
Chapter 10 - ZONING
Section 53 Off-Street Parking Regulations
Section 53 Off-Street Parking Regulations1
XI-10-53.01 Purpose and Intent
The following off-street parking requirements are regulations which are established in order to achieve, among others, the following purposes:
1. To establish minimum requirements for the off-street parking of motor vehicles in accordance with the use established on the property;
2. To relieve congestion on streets, and to provide more fully for movement of traffic, maneuvering of emergency vehicles or street maintenance equipment;
3. To protect neighborhoods from vehicular traffic congestion generated by the adjacent nonresidential uses of land; and
4. To promote the general welfare and convenience and prosperity of residential, commercial and manufacturing developments which depend upon the availability of off-street parking facilities. (Ord. No. 38.785, § 7, 4-7-09)
XI-10-53.03 Applicability
Off-street parking spaces shall be provided in accordance with the schedule in Table 53.09-13, Number of Parking Spaces Required, of this Section and improved as per Section 54.03 as a condition precedent to the occupancy of an institutional, commercial or manufacturing use and in conformance with other provisions of this Chapter:
1. Whenever a building is constructed; or
2. Whenever an existing building or use is altered, resulting in an increase in floor area, seating capacity or other units of measurement specified herein for required parking or loading facilities; or
3. Whenever the use of an existing building is changed to a use requiring fifty percent (50%) or more offstreet parking spaces, as determined by the provisions of Table 53.09-13, Number of Parking Spaces Required, of this Section.
(Ord. No. 38.785, § 7, 4-7-09)
1 Editor's note(s)—Ord. No. 38.785, § 7, adopted April 7, 2009, amended the Code by repealing former Section 53, §§ XI-10-53.01—XI-10-53.23, and adding a new Section 53. Former Section 53 pertained to similar subject matter, and derived from Ord. 38, adopted March 15, 1955; Ord. 38.384, adopted October 26, 1976; Ord.
38.530, adopted July 21, 1981; Ord. 38.546, adopted May, 1982; Ord. 38.665, adopted October 29, 1991; Ord. 38.675, October 20, 1992; Ord. 38.702, adopted August 15, 1995; Ord. 38.708, adopted August 6, 1996; Ord. 38.716, adopted September 15, 1998; Ord. 38.759, adopted April 2, 2002; Ord. 38.760, adopted September 17, 2002; Ord. 38.761, adopted May 20, 2003; Ord. 38.763, adopted April 20, 2004; and Ord.
38.776, adopted March 18, 2008.
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XI-10-53.05 Maintenance of Off-Street Parking
A. Continuation of Off-Street Parking. All off-street parking spaces shall continue unobstructed in operation, shall not be used for vehicle repair work of any kind unless within a building, and shall not be reduced below the required size as long as the primary use remains, unless an equivalent number of spaces is provided for said use in another approved location. This does not apply to those parking spaces which are established on a voluntary basis which are in excess of the requirements of this Chapter.
B. Temporary Sales, Storage and Advertising. The sale or storage of merchandise in permissive parking areas may be allowed by the Zoning Administrator through the approval of a Minor Site Development Permit and subject to such reasonable conditions as may be deemed necessary by the Planning Commission to ensure adequate parking, access and circulation.
In no event shall any off-street parking space (permissive or otherwise) or lot be used for the stopping, standing or parking of any vehicle(s) for either the purpose of selling such vehicle (excluding an approved car sales lot), or advertising any other property, services or products on said vehicle.
C. Maintenance. All parking areas shall be kept clean and free of dirt, oil, mud or trash; pavement and striping shall be maintained in a continuous state of good repair.
D. Acknowledgment of Parking Spaces in Residential Projects. For new residential tract, multi-family or condominium projects, the amount and type of parking available to each dwelling unit shall be clearly stated within the CC&Rs in large font and bold lettering to the approval of the City Attorney or designee. (Ord. No. 38.834 , § 8, 8/20/19; Ord. No. 38.785, § 7, 4-7-09) XI-10-53.07 Types of Parking Allowed
A. Standard Parking Spaces. The number of parking spaces required for various land uses shall be as required in Table 53.09-13, Number of Parking Spaces Required. Parking spaces shall be designed as required in Subsection 53.13, Design Standards for Off-Street Parking Facilities, of this Chapter.
B. Compact Parking Spaces. For parking areas and garages containing ten (10) or more stalls serving the following uses in Subsection 53.07(B)(1), up to forty percent (40%) of the required and non-required stalls may be designed as compact stalls to accommodate compact cars.
1. Applicable uses.
a. Commercial uses (CO, C1, C2, HS, TC zones).
i. Standards. Compact stalls shall be dispersed throughout the parking lot. b. Industrial uses.
i. Research and Development (R and D) facilities.
ii. Manufacturing facilities.
iii. Warehouse/distribution facilities.
iv. Other industrial uses deemed appropriate by the Planning Commission. c. Multi-Family Residential uses.
i. Projects within R3, R4, and R5 zones.
2. Design Standards. See Subsection 53.13, Design Standards for Off-Street Parking Facilities, of this Section.
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C. Disabled Accessible Parking Spaces. Parking spaces for the disabled shall comply in all respects with the requirements of the California Code of Regulations (State Building Code) or Federal law, where such prevails over State law.
D. Tandem Parking Spaces.
1. Applicability. Tandem parking may be allowed with the approval of a Conditional Use Permit, in accordance with Section 57.04, Conditional Use Permits, of this Chapter.
2. Standards.
a. Maximum allowed.
i. A maximum of seventy-five percent (75%) of parking required for residential uses may be tandem parking in projects with open structured parking facilities (e.g. single level or multilevel parking structures). ii. A maximum of fifty percent (50%) of parking required for residential uses may be tandem parking in projects with private individual garages.
b. Tandem parking spaces shall be a maximum of two (2) parking spaces deep. c. When tandem parking spaces are used in private garages or other parking facilities with more than two (2) parking spaces, they shall be assigned and marked for resident use.
E. Bicycle or Motorcycle Parking Spaces. The number of parking spaces required for various land uses shall be as required in Table 53.09-13, Number of Parking Spaces Required. Parking spaces shall be designed as required in Subsection 53.13, Design Standards for Off-Street Parking Facilities, of this Chapter. (Ord. No. 38.785, § 7, 4-7-09)
XI-10-53.09 Off-Street Parking Required by Land Use
A. Enforcement and Interpretation of Parking Requirements.
1. Number of Off-Street Parking Spaces Required. The number of off-street parking spaces required for the land uses identified in the Permitted and Conditional Use Tables of this Chapter are listed in Table
53.09-13, Number of Parking Spaces Required, except where parking requirements are established in Section 13, Special Uses, of this Chapter, or exceptions to these requirements are granted in accordance with this Section.
2. Uses not specified. In the case of a use not specifically mentioned in Table 53.09-13, Number of Parking Spaces Required, or elsewhere in this Chapter, the requirements for off-street parking facilities shall be determined by the Planning Commission through the Interpretation process, in accordance with Section 61, Interpretation, of this Chapter, based on uses which create similar demands for off-street parking spaces. The Planning Commission may draw upon the experience of other local cities to make their decision.
3. New Buildings Without Tenants. If the type of tenants that will occupy a nonresidential building, or the nonresidential portion of a mixed-use building, is not known at the time the new building is being proposed, the number of parking spaces required for the nonresidential uses will be determined through the discretionary review process.
4. Mixed occupancies and uses. When two or more uses are located in the same lot or parcel of land or within the same building, the number of off-street parking spaces required shall be the sum total of the requirements of the various individual uses computed separately in accordance with the provisions of this Section and Section 13, Special Uses, when applicable.
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Exception: For alternative parking computation in accordance with Subsection 53.11, Shared Parking, of this Chapter.
5. Measurement Standards and Definitions. For the purpose of determining off-street parking requirements, the following definitions and standards shall apply:
a. Gross Floor Area: The total of all the floors measured from the interior faces of the building, and outdoor areas used for retail purposes.
b. Net Floor Area (NFA): Net Floor Area shall mean the Gross Floor Areas less twenty percent (20%). c. Seat: The number of seating units installed or indicated, or each twenty-four (24) lineal inches of benches, pews, or space for loose chairs. For places of meeting or assembly that do not include fixed seating, seven (7) square feet shall equal one (1) seat. d. Employees/students: The maximum number of employees/students on the principal shift or period.
e. Fractional Measurements: When units or measurements determining the number of required off-street parking spaces result in a requirement of fractional space, any fraction up to and including (.49) shall be rounded down to the nearest whole number and fractions including and over (.50) shall be rounded up to the nearest whole number. For example, 7.41 would be rounded to 7 and 7.61 would be rounded to 8.
6. More than One Parking Ratio. Where more than one (1) parking ratio is shown for a particular use, the required number of spaces shall be the total of all ratios shown. For example, the parking requirement for hotel is "1 per unit, 2 for the manager's unit." The total parking requirement for a hotel is the sum of the required parking for the units and two (2) spaces for the manager's unit.
B. Permissive Parking Facilities. Nothing in this Section shall prevent the voluntary establishment of off-street parking facilities in excess of the requirements of this Section to serve any existing use of land or buildings, provided that all regulations herein governing the location, size and access design, improvement and operation of such facilities are adhered to.
Exception: The Transit Area Specific Plan has a standard for the maximum number of parking allowed.
C. Number of Parking Spaces Required. The number of off-street parking spaces required for various land uses shall be as listed in Table 53.09-13, Number of Parking Spaces Required, except for those listed specifically elsewhere in this Chapter. Unless otherwise indicated, the parking requirements are for square feet of gross floor area occupied by the use and, in the case of nonresidential uses, include the parking required for customers and employees.
Exception: Exceptions:
1. Where a portion of a structure is used for automobile parking, that portion shall not be counted in calculating the required parking for the structure. If parking is eliminated and the space is occupied by another use, parking shall be required for the use as indicated for the use in this Chapter.
2. Metro Specific Plan Area. Off-street parking requirements and bicycle parking requirements for all uses in the Metro Specific Plan area are as follows:
Table 53.09-1
Vehicle Parking Requirements in the Metro Zones
Use Minimum Maximum1
Residential and lodging uses None 1.5 spaces per unit
Industrial uses None 2 spaces per 1,000 square feet
All other non-residential uses None 1 space per 1,000 square feet 1 Valet, tandem spaces, and mechanical lift stalls are counted as individual spaces. 64 | Milpitas New Zoning Districts | Public Hearing Draft
Table 53.09-2
Bicycle Parking Requirements in the Metro Zones
Use Minimum, Long-Term Spaces Minimum, Short-Term Spaces Multi-family residential uses 0.5 spaces per bedroom 0.1 spaces per bedroom Retail uses 1 space per 10,000 square feet 1 space per 5,000 square feet Offices, Business and Professional 1.5 spaces per 10,000 square feet 1 space per 20,000 square feet All other uses None None
Table 53.09-3
Number of Parking Spaces Required
Use Minimum Parking Spaces Required
A. Commercial Uses
Business Support Services 1 per 350 sq. ft.
Furniture and appliance stores and other bulky item
retail; Furniture Repair and Reupholstery
1 per 350 sq. ft.
General Retail, Grocery and Convenience Storesuses;
Check Cashing
1 per 200 sq. ft.
Mortuary, funeral parlor 1 per 4 seats and 1 per employee Personal Services 1 per 200 sq. ft.
Plant nursery 1 per 200 sq. ft.
Repair and Cleaning, Small Items 1 per 200 sq. ft.
B. Entertainment and Recreation
Arcade and amusement 1 per 200 sq. ft.
Billiards 1 per 200 sq. ft.
Bowling Alleys including incidental accessory uses
(eating and drinking, billiards, etc.)
6 per alley or lane
Clubs and Lodges 1 per 200 sq. ft.
Commercial Athletic Facility (indoor) 1 per 150 sq. ft.
With outdoor or indoor sports courts
Small courts (tennis, badminton) 2 per court plus required parking for other uses on site.
Large courts (basketball, volleyball) 5 per court plus required parking for other uses on site.
Golf Course 6 per hole plus parking for ancillary uses
Miniature Golf 1.25 per tee, plus 1 per employee
Motion Picture Theater (indoor) 1 per 3.5 seats
Nightclub 1 per 30 sq. ft.
C. Health and Veterinarian Uses
Convalescent Homes 1 per 2 beds or 1 per 1,000 sq. ft, whichever is greater
Hospital 1 per bed or 1 per 220 sq. ft., whichever is greater Kennel, indoor 1 per 1,000
Massage Establishments Two per treatment room or if no treatment room, one per 2 chairs or 2 tables
Medical and dental Clinic and Office 1 per 225 sq. ft.
Veterinary Clinic and Animal Grooming 1 per 250 sq. ft.
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D. Industrial Uses
Custom and artisan manufacturing, Contractor’s shop 1 per 500 sq. ft DistributionData Centers
Manufacturing
Processing/Plant (Dry-cleaning plant, photo
finishing/printing, etc.)
Warehousing and Distribution
1 per 1,500 sq. ft.
Mini Storage 1 per 5,000 sq. ft., plus 1 per resident manager Parcel hub 1 per 2,000 sq ft plus 1 truck parking space for each delivery vehicle on-site during the peak time. The
requirement for delivery truck parking is not
intended to accommodate semi trucks delivering
products to the site.
Wholesale Sales 1 per 500 sq. ft.
Research and Development
Medical Laboratories
Soils and Materials Testing Laboratories
High employee demand uses
1 per 300 sq. ft.
Office space within an industrial building (to be
combined with categories above)
1 per 350 sq. ft.
E. Lodging
Extended Stay Hotels 0.7 per guest room or unit5
Hotels 0.7 per guest room5
Motels 0.7 per guest room5
F. Professional Offices, Financial Institutions and Related Uses Automated Teller Machine (free standing) 2 per machine
Financial institutions (banks, savings and loans, etc.) 1 per 180 sq. ft.
Offices, business and professional 1 per 240 sq. ft.
G. Public, Quasi-Public and Assembly Uses
Adult Day Care 1 per 500 sq. ft.
Auditoriums and theaters and places of meeting and
assembly
1 per 4 seats
Child Care Uses2, 3:
Day Care School 1 per classroom or 1 per 500 sq. ft., whichever is greater.
Small family child care home Same as required for underlying residential use Large Family Child Care Home and Child Care Centers 1 per 1.5 employees Community Center 1 per 4 fixed seats, or 1 per 6 linear feet of seating, plus 1 per 200 square feet of area without seating
but designed for meeting or assembly by guests, plus
1 per 500 sq. ft. of outdoor area developed for
recreational purposes
Community Garden Determined by Planning Director
Museums 1 per 400 sq. ft.
Public Utilities 1 per 400 sq. ft.
Religious Institutions 1 per 5 seats in the main area of assembly plus parking for classrooms and offices in this table.
Where there are no seats, then 1 seat equals 7 sq. ft.
Educational Institutions:
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School-elementary (K-8 Private) 1 per classroom, plus 1 per 240 sq. ft. of office School-secondary (9-12 Private) 1 per classroom, plus 1 per 240 sq. ft. of office, plus 1 per 5 students
Vocational School, including business, professional,
technical and trade
1 per 200 sq. ft.
Instructional Studios (Dance, Yoga) 1 per 150 sq. ft.
Private instruction, personal enrichment (tutoring) 1 per instructional area or classroom, whichever is greater. No fewer than 3 spaces.
Stadiums and arenas 1 per 4 seats
H. Restaurants or Food Service
Banquet facilities See restaurants below
Bars, Drinking Establishments 1 per 30 sq. ft.
Catering and Commissary 1 per 300 sq. ft. floor area
Drive thru See "Vehicle Related Uses" section.
Restaurants:
Sit down:
Indoor and outdoor: 1 per 39 square feet of dining area.
Take out: 1 per 2.5 seats (indoor/outdoor) plus 1 per 60 sq. ft.
GFA for the ordering or take out area.
Mobile food parks 1 per 2.5 seats provide for on-site dining, plus 1 per 60 sq. ft. of lot area dedicated to mobile food
vending.
I. Residential Uses
Single Family and Duplexes:
3 bedrooms or fewer 2 per unit4
4 or more bedrooms 3 per unit, plus 1 per each additional bedroom4 Multi-Family (R3—R5 zones):
Studio 1 covered per unit
1 bedroom 1.5 covered per unit
2—3 bedrooms 2 covered per unit
4 or more bedrooms 3 per unit, plus 1 additional space for each additional bedroom (at least two covered).4
Guest parking
Projects with Parking structures 15% of the total required, may be uncovered Projects with Private garages 20% of the total required, may be uncovered Bicycle parking 5% of the total required
Boarding houses, dormitories, sororities and
fraternities, group living accommodations
1 per each room rented
Live-Work Units Single family and duplexes parking requirements shall apply, plus 1.5 for the commercial component
Mixed Use buildings or sites
Residential use
Studio 1 covered per unit
1 bedroom 1.5 covered per unit
2—3 bedrooms 2 covered per unit
4 or more bedrooms 3 per unit, plus 1 additional space for each additional bedroom (at least two covered).4
Guest parking
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Projects with Parking structures 15% of the total required, may be uncovered Projects with Private garages 20% of the total required, may be uncovered Bicycle parking 5% of total required
Commercial use
Ground Floor Retail 1 per 250 sq. ft.
Office If building is 1,000 sq. ft. or smaller: 1 per 250 sq. ft.
If building is larger than 1,000 sq. ft.: 3.3 per 1,000 sq. ft.
Short-Term Rentals 1 per unit
Other uses Refer to specific uses within this table
Bicycle parking 5% of total required
Mobile Homes Refer to Section 13.07, Mobile Homes
Residential Care Facility 1 for every three beds
Senior Housing 1 per unit plus 2 per manager's unit
Single Room Occupancy (SRO) 1 per unit
J. Vehicle Related Uses
Auto rental agency 1 per 400 sq. ft. plus 1 per rental vehicle Auto repair (tire, oil change, smog check, etc.) 3 per service bay Car Wash 1 per 200 sq. ft. of building area and reservoir space outside of building equal to two (2) times the
maximum capacity of facility
Gas & Service Stations:
With Retail 1 per 200 sq. ft.
With Auto Repair 3 per service bay
Auto dealerships:
Sale or lease of vehicle 1 per 200 sq. ft. of showroom
Office 1 per 200 sq. ft.
With Service Bays 3 per service bay
Window service or drive-thru in conjunction with any
other use
The required parking for primary use (restaurant, or
other use providing window service) plus queuing of
5 vehicles which do not interfere with any on-site
parking spaces
1 Refer to Subsection 2.03, Definitions, of this Chapter for a full description of "Commercial Services." 2 For loading and unloading: One (1) parking space per six (6) children up to five (5) spaces and thereafter one (1) space per ten (10) children.
Driveways, garage aprons and street frontage may be counted if appropriate permits are first received when calculating spaces for child care homes. Tandem spaces are prohibited.
3 Exceptions for Child Care Requirements: The parking and loading/unloading requirements for child care facilities may in the Planning Commission's discretion be reduced, based on an empirical study (provided by the applicant) which establishes no adverse effects will occur as a result. The required number of loading/unloading spaces may be reduced without a study by one (1) space for each employee permanently assigned to load and unload children from vehicles. 4 Applicable to new and existing projects being remodeled resulting in additional bedrooms submitted for approval after April 7, 2009. Existing projects or projects either entitled or submitted active planning applications prior to April 7, 2009 shall use the parking regulations in effect at the time of entitlement or application submittal. For R4, R5, MXD/MXD2/MXD3 zones, 15% guest parking is legal and conforming for projects entitled or active planning applications submitted prior to April 7, 2009. 5 Refer to Subsection XI-10-53.15, Parking Standards for Hotels and Motels, of this Chapter for allowed reductions to minimum parking requirements.
(Ord. No. 38.848 , § 9, 11/15/22; Ord. No. 38.845 , § 13, 6/21/22; Ord. No. 38.841 , § 5, 5/4/21; Ord. No. 38.835 , § 8, 3/3/20; Ord. No. 38.839 , § 14, 12/3/19; Ord. No. 38.808, § 5, 5/21/13; Ord. No. 38.785, § 7, 4/7/09) 68 | Milpitas New Zoning Districts | Public Hearing Draft
XI-10-53.11 Shared Parking
A. Purpose and Intent. Dedicated parking areas for individual uses, especially when provided in new developments, can result in less efficient land usage, lower floor area ratios, and more environmental/water quality impacts.
Shared parking is typically applied when land uses have different parking demand patterns and are able to use the same parking spaces/areas throughout the day. Shared parking is most effective when these land uses have significantly different peak parking characteristics that vary by time of day, day of week, and/or season of the year. In these situations, shared parking strategies will result in fewer total parking spaces needed when compared to the total number of spaces needed for each land use or business separately.
B. Applicability. Shared parking may be applied in the following situations:
1. In mixed-use developments, which include one or more businesses that are complementary, ancillary, or support other activities. A typical mix of uses includes, but is not limited to: residential, office, restaurants, retail, colleges, churches, cinemas, and special event situations if they can demonstrate that demand patterns vary among uses.
2. In shopping centers, when more than twenty percent (20%) of gross leasable area is occupied by dining and entertainment uses, (not including pad restaurants, unless they are located within 300 feet of the main shopping center building) shared parking may be applied.
C. Required Review. Shared parking proposals may be allowed with the approval of a Conditional Use Permit, in accordance with Subsection 57.04, Conditional Use Permits, of this Chapter.
D. Calculation of Parking Spaces Required with Shared Parking. The minimum number of parking spaces for a mixed use development or where shared parking strategies are proposed shall be determined by a study prepared following the procedures of the Urban Land Institute Shared Parking Report, ITE Shared Parking Guidelines, or other approved procedures. A formal study may be waived for small developments where there is established experience with the land use mix and its impact is expected to be minimal. The actual number of parking spaces required shall be based on well-recognized sources of parking data such as the ULI or ITE reports. If standard rates are not available or limited, the applicant may collect data at similar sites to establish local parking demand rates. If the shared parking plan assumes use of an existing parking facility, then field surveys may be conducted to determine actual parking accumulation. If possible, these surveys should consider the seasonal peak period for the combination of land uses involved.
E. Location of Shared Parking Spaces. Shared spaces shall be located within three hundred (300) feet of the use entrances they serve. Up to fifty percent (50%) of nonresidential spaces may be provided at greater distances if dedicated shuttle bus or van service is provided. Clear, safe pedestrian connections must be provided.
F. Captive Market Parking Requirements. For uses that are considered ancillary to a larger business, no additional parking may be required. Examples of this case include a coffee or snack shop within an office or hotel development, a copy/package store within a business park or redevelopment of small retail uses in a large business district. Parking requirements for similar ancillary uses may be reduced to account for the likely cross patronage among the adjacent uses located within a maximum walking distance of three hundred (300) feet. Parking requirements may be reduced up to ninety percent (90%) as appropriate.
G. Agreement Between Sharing Property Owners. If a parking facility is to serve two (2) or more separate properties, a legal agreement between property owners guaranteeing access to, use of, and management of designated spaces shall be executed to the satisfaction of the City.
H. Shared Parking Plan. A shared parking plan shall be submitted to the Planning Division with the following information:
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1. Site plan and required parking calculations of parking spaces intended for shared parking and their proximity to land uses that they will serve.
2. A signage plan that directs drivers to the most convenient parking areas for each particular use or group of uses (if such distinctions can be made).
3. A pedestrian circulation plan that shows connections and walkways between parking areas and land uses. These paths should be as direct and short as possible. (Ord. No. 38.785, § 7, 4-7-09)
XI-10-53.13 Design Standards
A. Location of Parking.
1. Location of Parking in Relationship to a Use.
a. Residential Uses: Parking required for all residential uses shall conform with all of the following:
(i) be located within the same project site as the use; (ii) be less than 300 feet away from the residential unit it serves; and (iii) shall not be located on any public street, public right-of-way or in any other public area.
b. Commercial Services and Retail Stores in the TransitMetro or Midtown Specific Plan Areas:
Commercial service and retail uses may meet its parking requirements with on-street parking if the project satisfies all of the following conditions: (i) the project site is located within the TransitMetro or Midtown Specific Plan Areas; (ii) the on-street parking space is located along the project site frontage directly serving and adjacent to the use; (iii) no more than 50 percent of the required parking spaces shall be allocated on-street unless the commercial or retail use requires ten or less parking spaces; (iv) the on-street parking space is located less than 300 feet away from the use it serves; and (v) the on-street parking space shall be designated as limited time parking in accordance with the California Vehicle Code.
c. Other Uses: Required parking for all other uses shall conform with all of the following: (i) be located within the same project site as the use; (ii) be less than 300 feet away from the use for which the parking is required, as provided for in Table 53.09-13 Number of Parking Spaces Required or Section 13, Special Uses, of this Chapter; and, (iii) shall not be located on any public street, public right-of-way or in any other public area.
2. Location of Residential Parking, Permitted. Vehicles on private property used for residential purposes shall be parked only in paved parking spaces or in driveways which comply with the following standards:
a. The driveway provides access to required parking spaces; and b. The vehicle is not blocking access to parking for other residential units.
3. Each automobile parking stall shall be so located that no automobile is required to back onto any public street or sidewalk to leave the parking stall, parking bay or driveway except from a lot in an "R2" or more restrictive zone containing not more than two (2) dwelling units.
4. Parking Location for R5, MXD2 and MXD3 projects.
a. No parking spaces area allowed within the front or street side setback areas. b. Parking must be located behind buildings to minimize visibility from public streets. c. At least seventy percent (70%) of the street facing perimeter of above-ground parking shall be wrapped with habitable space.
70 | Milpitas New Zoning Districts | Public Hearing Draft
Exception: Exceptions may be allowed through the approval of a Conditional Use Permit, if the design quality of the structure is equivalent to habitable space. d. Parking may be partially above grade along the street, provided that no more than four (4) feet of the structure is above grade. The above-grade area must be wrapped with continuous landscaping that screens parking garage openings.
5. Parking Structure access for R5, MXD2 and MXD3 projects. a. No more than one curb cut per street frontage is allowed. b. Parking structure entrances shall be no greater than twenty-two (22) feet wide. c. Parking structure access points shall be set back from the curb so that a car can pull up to the entry gate or ticket machine without blocking the sidewalk.
B. Parking Space Size.
1. Individual garage.
a. Each parking space with a minimum width of ten (10) feet and a minimum length of twenty (20) feet shall be required in residential garages meeting both of the following criteria:
i. The individual garage contains four (4) or fewer parking spaces; ii. The individual garage does not include circulation elements such as driveway aisles, but consists primarily of parking spaces.
2. Compact Spaces
a. Each stall shall be legibly marked "compact stall" or "small car" on the stall surface. Compact stalls may be used only for the above-listed buildings and uses and only within the Industrial zoning district.
b. Parking stalls shall be dispersed throughout the parking lot and not concentrated to discourage oversized vehicles from using the stalls.
3. Tandem Spaces
a. Each residential garage tandem (two parking spaces) shall have a minimum width of ten (10) feet and a minimum length of thirty-eight (38) feet.
4. Bicycle or Motorcycle Spaces. Any existing or proposed parking facility may utilize, on a substitution basis, on-site parking spaces for bicycle or motorcycle spaces. a. Said bicycle spaces shall be raised a minimum of six (6) inches from grade of the adjacent parking facility.
b. One parking space may be omitted for each eight (8) bicycle spaces provided. c. One parking space may be omitted for each two (2) motorcycle spaces provided. d. Bicycle spaces shall measure at least two (2) feet by seven (7) feet and shall be located in groups of four (4) and shall be of the following three types:
i. A rack which secures the frame, or
ii. An enclosed bike locker, or
iii. A fenced, covered, locked or guarded bike storage area. e. Motorcycle spaces shall measure four (4) feet by eight (8) feet and shall be provided with adequate unobstructed maneuvering areas to permit easy access to the space.
Public Hearing Draft | Milpitas New Zoning Districts | 71
f. In no instance shall credit for motorcycle or bicycle parking or combination thereof exceed five percent (5%) of the total required parking spaces.
C. Required Improvements. All parking areas and access driveways shall have a smoothly graded, stabilized and dustless surface with adequate drainage so that injury will not be caused to adjacent properties. Bumper guards or curbs shall be provided in order to define parking spaces or limits of paved areas.
Also refer to Section 54.03 of this Chapter for Improvement of Parking Areas.
D. Screening and Landscaping. All open automobile parking areas which abut upon a public street right-of-way shall provide landscaping to a depth of at least ten (10) feet of said street right-of-way and of any adopted plan line, with openings for walkway or drive purposes. Each landscaped planter in said parking facility shall be contained with a six (6) inch raised concrete curb (extruded curbing not permitted). Installation of an irrigation system shall be provided for in each planter area.
E. Lighting. .All lights used to illuminate a parking area shall be designed, located and arranged so as to reflect the light away from any street and any adjacent premises.
F. Signs. Directional signs are permitted in parking areas in accordance with the adopted Sign Ordinance.
G. Fencing. A solid masonry wall a minimum height of six (6) feet shall be required on all common property lines when any parking area is established abutting residentially zoned property or property shown on the adopted General Plan as being Residential. The architectural design of said wall shall be to the approval of the Planning Commission through the Site Development Permit process in accordance with Subsection 57.03, Site Development Permits and Minor Site Development Permits, of this Chapter.
H. Angles and Dimensions
1. Vehicle Overhang. Vehicles may overhang two (2) feet into any landscape area or private walkway if the walkway is a minimum six (6) feet in width, but in no event shall the overhang be permitted within any public right-of-way.
2. Stall and drive aisle dimensions. The stall and drive aisle dimensions shall be as follows:
Table 53.13-1
Parking Stall and Drive Aisle Dimensions
Angle A1 Stall Width B1 Stall Depth C1 Aisle Width 1
Way
D1 Aisle Width 2
Way
E1 Curb Length
per Car
Standard size:
0° 9ʹ 9ʹ 12ʹ 16ʹ 22ʹ
45° 9ʹ 19.5ʹ 12ʹ 22ʹ 12ʹ
60° 9ʹ 21ʹ 18ʹ 22ʹ 10.5ʹ
90° 9ʹ 18ʹ 24ʹ 24ʹ 9ʹ
Compact size: [See Subsection 53.07(B)]
0° 7.5ʹ 7.5ʹ 12ʹ 15ʹ 17ʹ
45° 7.5ʹ 16ʹ 13ʹ 20ʹ 8.5ʹ
60° 7.5ʹ 17ʹ 15ʹ 20ʹ 8.5ʹ
90° 7.5ʹ 15ʹ 20ʹ 20ʹ 7.5ʹ
1 Reference to Figure 53.13-1, Parking Stall and Drive Aisle Dimensions 72 | Milpitas New Zoning Districts | Public Hearing Draft
Figure 53.13-1
Parking Stall and Drive Aisle Dimensions
3. Backing Space in Residential Projects. A minimum unobstructed vehicular maneuvering distance of 25 feet measured from the opening of the garage or carport shall be provided, except as otherwise permitted in this section.
4. Parking Structures. The parking stall and drive aisle dimensions for Parking Structures, as defined in this Chapter, may be modified with the approval of a Conditional Use Permit in accordance with Section 57 of this Chapter.
(Ord. No. 38.815, § 2, 9-2-14; Ord. No. 38.785, § 7, 4-7-09) XI-10-53.15 Allowed Reductions to Required Parking for Lodging Uses A. Allowed Reductions to Minimum Required Parking. The required parking for lodging uses, including hotels, motels, and extended stay hotels, may be reduced by up to 30 percent at the discretion of the decisionmaking authority based on a demonstrated program to reduce demand for on-site parking and maximize the efficient use of parking areas. A reduction in required parking shall be granted based on a point system as described in Subsection XI-10-53.15.C.
B. An applicant requesting a reduction to the minimum required parking for a lodging use shall submit a written description of all proposed parking demand reduction and site design measures and a written justification of the anticipated reduction in parking demand that would result from implementation of such measures.
C. Point System for Calculation of Parking Reduction. The decision-making authority may grant a reduction in the required number of parking spaces for lodging uses, as outlined in Table 53.15-1, according to the total number of points scored for implementation of parking demand reduction and site design measures.
Public Hearing Draft | Milpitas New Zoning Districts | 73
Table 53.15-1
Point System for Parking Reduction for Lodging Uses
Total Points Allowed Parking Reduction
60 points or more 30 percent
40 points or more 20 percent
20 points or more 10 percent
1. Parking Reduction for Lodging Near Fixed Guideway Transit. A parking reduction may be granted for a lodging establishment within one-half (0.5) mile of a fixed guideway transit station. Fixed guideway transit means a public transit facility that uses and occupies a separate right-of-way or rail line for the exclusive use of public transit vehicles (15 points).
2. On-Site Parking Demand Reduction and Site Design Measures for Lodging Uses. Any combination of the following measures may be incorporated into the site plan and operational plan for a hotel, motel, or extended stay hotel to support a reduction in the minimum required on-site parking:
a. Shared parking agreement with owners of other property or properties in the vicinity of the lodging establishment pursuant to Subsection XI-10-53.11, Shared Parking, of this Chapter. The shared parking spaces must be located within 0.25 mile of the lodging use (10 points for a number of shared parking spaces totaling between 10 and 20 percent of the base parking space requirement for the lodging use; 15 points for a number of shared parking spaces totaling more than 20 percent of the base parking space requirement for the lodging use). b. Providing free monthly transit passes for employees. To qualify for this measure a lodging use must be located within 0.5 mile of a transit route (bus or rail) with service frequency of every 15 minutes or less between the hours of 7:00 a.m. and 7:00 p.m. (10 points). c. Providing free 24-hour airport guest shuttle service (10 points). d. Providing free guest shuttle service to other key destinations (including but not limited to BART and VTA light rail stations, San Jose Diridon Caltrain Station, Levi's Stadium, and major commercial centers) (5 points for shuttle service serving one or two destinations, 10 points for shuttle service serving three or more destinations).
e. Providing free shared cars for guest use with dedicated, permanent on-site parking spaces for the shared cars . To qualify for this measure the lodging use must provide at least one shared car for every 50 guest rooms (when applying this calculation, any fractional number of required shared cars shall be rounded up to the nearest whole number) (10 points). f. Providing on-site, free micromobility devices for guest use. To qualify for this measure the lodging use must provide at least one shared micromobility device for every 50 guest rooms (when applying this calculation, any fractional number of required shared micromobility devices shall be rounded up to the nearest whole number). The operator of the lodging establishment shall obtain approval from the Planning Director or designee for the proposed placement and use of micromobility devices prior to commencing operations. The operator of the lodging establishment shall maintain micromobility devices in good working order at all times (5 points). g. Providing valet parking (on-site or at an off-site shared parking location) (5 points for a number of valet parking spaces totaling between 10 and 20 percent of the base parking space requirement for the lodging use; 10 points for a number of valet parking spaces totaling more than 20 percent of the base parking space requirement for the lodging use). h. Mechanical lifts for vehicles (if provided, lifts must be operated by staff of the lodging establishment) (5 points for a number of mechanical lift spaces totaling between 10 and 20 percent of the base parking space requirement for the lodging use; 10 points for a number of 74 | Milpitas New Zoning Districts | Public Hearing Draft
mechanical lift spaces totaling more than 20 percent of the base parking space requirement for the lodging use).
i. Charging a daily fee of $25 or more for on-site parking of guest vehicles (10 points). j. Offering prepaid transit cards (Clipper) to guests (5 points). k. Featuring public transportation information and links on lodging establishment's website (schedules and route maps for Valley Transportation Authority [VTA] bus and light rail and/or Bay Area Rapid Transit [BART] regional rail) (3 points).
l. Providing dedicated on-site passenger pickup/dropoff zones (3 points). m. Active marketing of guest shuttle services, on-site shared cars, and/or on-site shared micromobility devices, via the lodging establishment's website and other electronic and/or print advertising materials (3 points).
n. Other measures as preoposed by lodging establishment operator (points to be determined by the decision-making authority based on the potential for parking demand reduction of the proposed measure).
(Ord. No. 38.841 , § 6, 5/4/21)
Public Hearing Draft | Milpitas New Zoning Districts | 75
Section 54 General Provisions
XI-10-54.18 Reserved. 2023-2031 Housing Element Sites
A. Reused Sites. Reused sites are opportunity and rezone sites listed in the City of Milpitas 2023-2031 Housing Element, Appendix E, Tables E-13 and E-14 that are identified for lower-income housing capacity and as a 5th Cycle Housing Element site. On these reused sites, owner-occupied and rental multi-family housing uses shall be allowed by right (i.e., without any discretionary review) when at least 20 percent of the units will be affordable to lower income households.
B. Rezone Sites. Rezone sites are listed in the City of Milpitas 2023-2031 Housing Element, Appendix E, Table E14 that are identified for lower-income housing capacity. On these rezone sites, 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.
Editor's note(s)—Ord. No. 38.795, § 35, adopted April 6, 2010, amended the Code by repealing former § XI-10-
54.18 in its entirety. Former § XI-10-54.18 pertained to temporary contractor's offices, and derived from Ord.
38.780 (25) (part), adopted August 19, 2008.
76 | Milpitas New Zoning Districts | Public Hearing Draft
Title XI - ZONING, PLANNING AND ANNEXATION
Chapter 10 - ZONING
Section 56 Nonconforming Buildings and Uses*
Section 56 Nonconforming Buildings, Uses, and UsesParcels* * Prior ordinance history: Ords. 38, 38.681 and 38.760.
XI-10-56.01 Purpose and Intent
The purpose of this chapter is to establish regulations for nonconforming buildings, structures and uses. It is the intent of these regulations to result in the conversion of nonconforming buildings, structures, and uses to conforming buildings, structures and uses. However, the City recognizes that until nonconforming buildings, structures, and uses are converted, improvements to them which promote their compatibility with their neighborhoods, enhance the quality of development, and do not increase nonconformity should be encouraged and allowed.
(Ord. 38.777 (14) (part), 6/17/08)
XI-10-56.02 Repair, Maintenance and Improvements to Nonconforming Buildings and Structures
A nonconforming building or structure may be maintained, except as otherwise provided in this section.
A. Repair, Maintenance, Aesthetic Improvements. Repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations shall be made except those required by law or ordinance.
B. BEnergy Efficiency and Sustainability Upgrades. Improvements may be made to a nonconforming building or structure related to improving the energy efficiency, reducing the energy usage, and reducing the greenhouse gas emissions impact of the building or structure.
C. Restoration of Damaged Buildings. A nonconforming building or structure which is damaged or partially destroyed by fire, flood, wind, earthquake, or other calamity or act of God or the public enemy, to the extent of not more than seventy-five (75%) percent of its true value at that time, may be restored and the occupancy or use of such building, structure or part thereof, which existed at the time of such partial destruction, may be continued or resumed, provided the total cost of such restoration does not exceed seventy-five (75%) percent of the true value of the building or structure at the time of such damage and that such restoration is started within a period of one (1) year and is diligently prosecuted to completion.
In the event such damage or destruction exceeds seventy-five (75%) percent of the true value of such nonconforming building or structure, no repairs or reconstruction shall be made unless every portion of such building or structure is made to conform to all regulations for new buildings in the district in which it is located.
Provided, however, that any multistory single-family residence, which is subject to the provisions of the hillside section of this Title (Section XI-10-45), may be rebuilt to its approved height and setbacks and is not subject to the single-story height restrictions or other restrictions in the Zoning Title currently in effect, but shall conform to those regulations in effect at the time the structure was built.
CD. Additions to, Enlargements and Moving of Nonconforming Buildings and Structures.
1. In the R1, R2 and R1-H Districts, a legal nonconforming building or structure shall not be added to or enlarged in any manner unless the addition or enlargement conforms to all development standards and regulations of the district in which it resides, including, but not limited to height, yard setbacks, Public Hearing Draft | Milpitas New Zoning Districts | 77
maximum lot coverage, impervious surface coverage, and maximum size of residence regulations of said district. In addition, a legal nonconforming building or structure shall not be added to or enlarged unless existing front yard paving is brought into conformance.
2. In all districts other than the R1, R2, and R1-H, a legal nonconforming building or structure may be added to or enlarged in a manner consistent with the criteria established in Table XI-10-57.04-1 and if a Conditional Use Permit is obtained.
3. A building or structure lacking adequate automobile parking space in connection therewith may be altered or enlarged provided the required additional automobile parking space is supplied as per Section XI-10-53 for the entire building or use, including the addition or enlargement.
4. A nonconforming building or structure shall not be moved in whole or in part to any other location on the lot unless every portion of such building or structure is made to conform to all regulations of the district in which it is located.
(Ord. No. 38.793, § 3, 5/17/11; Ord. 38.777 (14) (part), 6/17/08) XI-10-56.03 Nonconforming Use of Buildings and Structures A. The continuation or change of a nonconforming use of a building or structure shall meet the requirements provided below.
1. Continuation of Existing Nonconforming Use. A legally established use that is no longer permitted in a particular zoning district because of a modification of this Chapter shall be allowed to continue indefinitely, absent discontinuation of the use for a year or more and failure to comply with the reestablishment provisions of Section XI-10-56.03(B) below.
2. Discontinuation of Nonconforming Use. The nonconforming use of a building, structure or portion thereof, which is discontinued for a continuous period of one (1) year or more, may be replaced only with a conforming use, absent an approved nonconforming use reestablishment set forth in Section XI10-56.03(B) below. Nonconforming uses which have been discontinued for a period of less than one (1) year may be replaced, if (1) with a nonconforming use of the same use classification as a matter of right or (2) a nonconforming use of a different use classification, subject to compliance with the findings and procedures set forth Section XI-10-56.03(B).
3. Changes of Use Within the Same Use Classification. An existing, ongoing nonconforming use may be changed to a different use within the same use classification. For example, a nonconforming auto repair shop use may be changed to a tire shop use, since both uses fall within the same use classification (auto service uses).
4. Change of Use to a Different Nonconforming Use Classification. An existing, ongoing nonconforming use may be changed to a nonconforming use of a different use classification only if it can be found that the proposed use is equivalent to or more appropriate than the existing nonconforming use at the project location. The proposed use may be allowed only by way of a conditional use permit and only if, in addition, all of the following findings can be made:
a. The proposed nonconforming use would not cause a nuisance to the surrounding properties and district (e.g., excessive parking demand, traffic, noise, etc.). b. The proposed nonconforming use would be compatible with the general character of the surrounding neighborhood or district.
c. The proposed nonconforming use is necessary to allow gainful economic use of structures or improvements until such structures or improvements can be permanently converted to conforming uses.
78 | Milpitas New Zoning Districts | Public Hearing Draft
B. Re-establishment of Discontinued Nonconforming Uses Within the Midtown and Transit AreaMilpitas Metro Specific Plan AreasArea (Sunsetting Provision).
1. Once discontinued for a year or more, nonconforming uses only within the Midtown Specific Plan Area and the Transit AreaMilpitas Metro Specific Plan Area may be re-established if all of the following findings can be made:
a. The proposed re-establishment of a nonconforming use would not cause a nuisance to the surrounding properties and district (e.g., excessive parking demand, traffic, noise, etc.). b. The proposed re-establishment of a nonconforming use would be compatible with the existing general character of the surrounding neighborhood or district. c. The proposed re-establishment of a nonconforming use is necessary to allow gainful economic use of structures or improvements until such structures or improvements can be permanently converted to conforming uses.
In addition to the above findings, the re-establishment of a discontinued nonconforming use may only be approved by the Planning Commission by way of a conditional use permit, with the above additional findings, if (1) the proposed use lies within 1,000 feet of any residential use or (2) the proposed use would require conditional use permit review under current zoning requirements for the zoning district listed in the zoning map in existence at the time the use became nonconforming. The re-establishment of a discontinued nonconforming use may be approved administratively by Planning Division staff in all other circumstances, contingent on the existence of findings by Planning Division staff that the above listed grounds for re-establishment exist.
2. This Section XI-10-56.03(B) shall become inoperative June 16, 2016July 1, 2026, and shall be considered repealed on that date, unless a later enacted ordinance that becomes effective on or before June 16, 2016July 1, 2026, deletes or extends that date. All other provisions of Section XI-10-56.03 shall be unaffected by this sunset clause.
C. Expansion of Assembly Uses in the Heavy Industrial (M2) Zoning District.
1. Assembly uses approved after February 7, 2017, that are rendered legally non-conforming may expand in floor area up to 25 percent of existing floor area until December 31, 2020. Such expansions shall require approval of a Site Development Permit and Conditional Use Permit by the Planning Commission in accordance with the provisions of Section 57 "Applications." (Ord. No. 38.837 , § 10, 11/5/19; Ord. No. 38.817, § 2, 9/16/14; Ord. No. 38.793, § 3, 5/17/11; Ord. 38.777 (14) (part), 6/17/08)
XI-10-56.04 Nonconforming Use of Land
1. Continuation of Use. The nonconforming use of land (where no main building is involved), existing at the time the Ordinance codified in this section became effective, may be continued for a period of not more than five (5) years therefrom, provided:
a. That no such nonconforming use of land shall, in any way, be expanded or extended either on the same or adjoining property.
b. That, if such nonconforming use of land, or any portion thereof, is discontinued or changed, any future use of land shall be in conformity with the provisions of this Chapter. c. That any sign, billboard, commercial advertising structure or statuary, which is lawfully existing and maintained prior to January 26, 1954, may be continued, although such use does not conform with the provisions hereof; provided, however, that no structural alterations are made thereto and provided, further, that all such nonconforming signs, billboards, commercial advertising structures and statuary, Public Hearing Draft | Milpitas New Zoning Districts | 79
and their supporting members, shall be completely removed from the premises not later than five (5) years from the effective date of the Ordinance codified in this section.
2. Nonconforming Due to Reclassification. The foregoing provisions of this section shall also apply to buildings, structures, land, or uses which hereafter become nonconforming due to any reclassification of districts under this Chapter or any subsequent change in the regulations of this Chapter; provided, however, that where a period of years is specified in this section for the removal of nonconforming buildings, structures, or uses, said period shall be computed from the date of such reclassification or change. (Ord. 38.777 (14) (part), 6/17/08)
XI-10-56.05 Nonconforming Parcels
A. Legal Building Site. A nonconforming parcel that does not comply with the applicable lot requirements for the zone (e.g., lot area, lot width, etc.) in which it is located shall be considered a legal building site if it meets at least one of the following:
1. The parcel was created by a recorded subdivision;
2. The parcel is under one ownership and of record, and was legally created by a recorded deed prior to the effective date of the zoning amendment that made the parcel nonconforming; or
3. The parcel was approved through a variance procedure or resulted from a lot line adjustment.
B. Development of Legal Building Sites. A legal building site may be developed provided that any structure or development compiles with the standards for the zone unless standards are specifically waived or altered through a variance or as otherwise allowed by the zoning ordinance.
C. Subdivision or Adjustment of a Nonconforming Parcel. No subdivision or lot line adjustment shall be approved that would increase the nonconformity of an existing parcel. 80 | Milpitas New Zoning Districts | Public Hearing Draft
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BC D E F G
City of Milpitas - Zoning Ordinance Update
Public Hearing Draft - August 2023
ERRATA and TYPOGRAPHIC ERRORS April 2024
Date of
Comment
Name of
commenter
Section/Subsection
Name
Description of Needed Edit Notes/Proposed Edit to the Code Date edit made in final document
Zoning Map
8.15.23 Staff/LWC
Mapping of new NCMU zone to be removed from
updated zoning map.
Mapping of NCMU zone will be
completed as part of the separate effort
to create NCMU zoning regulations and
HODs
9.12.23 Staff/LWC
1780 S. Main Street (APN 8342006) to be rezoned to
C2 (General Commercial).
This parcel should have been included in
a separate batch of City-initiated
rezonings in the South Main area
(related to a change in specific plan
boundaries), but was inadvertantly left
out. To be included in this round of
zoning map changes.
9.12.23 Staff/LWC
1430 California Circle (APN: 022-37-019) to be
rezoned to MXD, not R3 as shown
Rezoning to R3 had been proposed for
consistency with the rezoning of
adjacent residential areas (north and
south), but upon further review and
discussion, rezoning to MXD is preferred.
9.22.23 Staff/LWC
Recreation and Entertainment (RE) Overlay zone to
be removed from all parcels to be rezoned as BPRD
(Business Park Research and Development), POS
(Park and Public Open Space), and I (Institutional).
The RE overlay effectively modifies the
allowed uses for the underlying base
zone, so it must be removed in order for
the use regulations for the BPRD, POS,
and I zones to be in effect.
Note : the RE Overlay also applies to
some properties currently zoned C2 and
HS. It will remain in effect for those
properties until the second phase of the
Zoning Ordinance Update, when use
regulations will be updated for all zoning
districts
11.08.23 Staff
Change zoning for 1355 California Circle (APN: 022-38-
007) from Industrial Park (MP) to Mixed Use (MXD)
Per City Council action on 11/7/23 to
rezone parcel in conjunction with
approved development application.
12.12.23 Staff/LWC
Display boundaries and numbers of all approved
Planned Unit Developments (PUDs) in the city on the
citywide zoning map.
Section 2 - Definitions
8.25.23 Ward Mace/
Goodman
XI-10-2.03 -
Definitions
Add definition for "Data Centers"
10.04.23 Ward Mace/
Goodman
XI-10-2.03 -
Definitions
Ensure that the distinctions are clear between
"Warehousing, General," "Distribution Facility," and
"Parcel Hub" in the definitions for each term
Note that often Distribution Facilities
and Parcel Hubs are primarily warehouse
spaces
11.29.23 Staff/LWC
XI-10-2.03 -
Definitions
Refine language in definitions of "Advanced
Manufacturing" and "Research and Development" to
clarify that these uses may include any amount of
storage/warehouse space for raw materials and/or
finished goods (up to 300,000 sf) that actively
supports the primary use.
Advanced manufacturing and R&D uses
frequently require large areas for
storage of materials and/or finished
goods prior to distribution
11.29.23 Staff/LWC
XI-10-2.03 -
Definitions
Refine language in definition of "Warehousing,
General" to clarify that this use refers to "passive
storage" of goods and does not include storage of
raw materials and/or finished products as part of an
active primary use such as general manufacturing,
advanced manufacturing, or R&D. Note also that
"Warehousing, General" excludes parcel hubs.
5 BC D E F G
Date of
Comment
Name of
commenter
Section/Subsection
Name
Description of Needed Edit Notes/Proposed Edit to the Code Date edit made in final document
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 1.5.24
Brent Lower/
Washington
Holdings
'XI-10-2.03 -
Definitions
Consolidate the definitions for "Warehousing,
General" and "Distribution Facility" into a single use
classification.
Warehousing and distribution are
functionally one and the same, they’re
part and parcel of the same type of
operation.
Section 7 - Industrial Zones (BPRD)
10.11.23 Staff
Industrial Zone Uses
Table (XI-10-7.02-1)
Change Grocery Stores to not permitted (NP) in the
M1 and MP zones.
9.12.23 Staff
Industrial Zone Uses
Table (XI-10-7.02-1)
Add Advanced Manufacturing to use table. Allow by
right ("P") in BPRD zone.
Advanced manufacturing was
inadvertently left out of the draft use
table
1.3.24 Joe Goggiano/
McCarthy
Development
Industrial Zone Uses
Table (XI-10-7.02-1)
Manufacturing/assembling of electric vehicles should
be allowed in the BPRD Zone.
Research, development and
manufacturing of electric vehicles is an
important industry in the Silicon Valley
region and is consistent with the intent
of the BPRD zone.
10.10.23 Staff
Industrial Zone Uses
Table (XI-10-7.02-1)
Contractor's Shops should be permitted by right (P) in
the Heavy Industrial Zone (M2), not conditionally
permitted (C ).
9.12.23 Staff
Industrial Zone Uses
Table (XI-10-7.02-1)
Custom and Artisan Manufacturing should be MCS
(minor conditional use permit, staff level) (not MUP).
MUP doesn't exist in Milpitas' zoning
code (typographical error in draft)
8.25.23 Ward Mace/
Goodman
Industrial Zone Uses
Table (XI-10-7.02-1)
Add Data Centers to use table. Allow in BPRD, M1
(Light Industrial), and MP (Industrial Park) zones.
Prohibit in M2 (Heavy Industrial) zone.
1.5.24 Staff
Industrial Zone Uses
Table (XI-10-7.02-1)
Delete Distribution Facility from use table. This use
classification is being consolidated with
Warehousing, General.
Per comment above in Section 2 -
Definitions
12.01.23 Staff
Industrial Zone Uses
Table (XI-10-7.02-1)
Change Parcel Hub to a minor conditional use permit,
staff level (MCS) in the M2 zone, and to a regular
conditional use permit (C) in the BPRD zone.
Policy intent during drafting of updated
General Plan was to restrict "last mile"
distribution/logistics uses in the
Southwest Employment Area.
4.01.24 Staff (with input
from multiple
commenters)
Industrial Zone Uses
Table (XI-10-7.02-1)
Change Warehousing and Distribution (per refined
definition - see entry above in "Definitions" section)
in BPRD zone to permitted (P) for facilities up to
150,000 square feet and conditionally permitted (C)
for facilities larger than 150,000 square feet. Add a
specific CUP finding for approval of Warehousing and
Distribution facilities exceeding 150,000 square feet.
Multiple Multiple
Industrial Zone Uses
Table (XI-10-7.02-1),
footnote 6
Delete footnote 6 related to limiting general
warehousing to 20 percent of floor area.
1.5.24 Brent Lower/
Washington
Holdings
Industrial Zone
Development
Standards (Table XI10-7.03-1)
Maximum building height in the BPRD Zone should
be increased to 80 feet (instead of 60) / 5 stories.
Because buildings to accommodate
typical BPRD uses often have larger floorto-ceiling heights, a 5-story building would be greater than 60 feet in height.
11.29.23 Multiple
Industrial Zone
Development
Standards (Table XI10-7.03-1)
Reduce minimum floor area ratio (FAR) in the BPRD
Zone to 0.35.
5 BC D E F G
Date of
Comment
Name of
commenter
Section/Subsection
Name
Description of Needed Edit Notes/Proposed Edit to the Code Date edit made in final document
37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
9.11.23 Matt Taylor/ CBRE
XI-10-7.04 (B)(3)
Places of Assembly
Make a clearer distinction between the use "Places of
Assembly" (i.e. people assembling) and "Assembly
from Pre-Processed Materials" (i.e manufacturing).
Revision/clarification needed in this
code section and/or in Definitions for
the uses that include the term
"Assembly"
9.11.23 Matt Taylor/ CBRE
XI-10-7.04 (C)(1)(C)
Special
Development and
Performance Stds.
Following standard stating that uses shall emit no
smoke, add a note stating this does not preclude the
use of back-up/ emergency generators.
10.04.23 Goodman and
CBRE
XI-10-7.05 - Special
Design Standards for
BPRD Zone
Revise subsection A.1. Building Entrances to state
that an entrance is required facing the primary street
frontage, but also allowing the primary entrance to
be on another side of the building.
This edit will allow greater design
flexibility and allow developments to
adapt to site-specific circumstances and
the needs of building users.
10.04.23 Goodman and
CBRE
XI-10-7.05 - Special
Design Standards for
BPRD Zone
Delete subsection B.2. Façade Design and
Articulation, removing the requirement that a
minimum of 50 percent of building frontage be
located at or within 10 feet of front setback.
This edit will allow greater design
flexibility and allow developments to
adapt to site-specific circumstances and
the needs of building users.
10.04.23 Goodman and
CBRE
XI-10-7.05 - Special
Design Standards for
BPRD Zone
Revise subsection C.3 to remove requirement for
permeable walkway materials, and instead to refer to
variations in paving materials for walkways (e.g.
decorative paving instead of concrete).
Permeable paving systems for walkways
are very costly to install and require
intensive maintenance.
10.04.23 Goodman and
CBRE
XI-10-7.05 - Special
Design Standards for
BPRD Zone
In subsection D.1 Site Design for Large Projects over
80,000 sf, revise language to clarify that total
required open space may include stormwater
treatment areas, landscaped areas, and required
usable open space for outdoor dining.
10.04.23 Goodman and
CBRE
XI-10-7.05 - Special
Design Standards for
BPRD Zone
Delete subsection F.1.c. Parking Locations, removing
the restriction on parking along lot frontages facing
McCarthy Blvd, Milpitas Blvd, and Montague
Expressway.
This edit will allow greater design
flexibility and allow parking to be
located nearer to building entrances.
9.11.23 Matt Taylor/ CBRE
XI-10-7.05 - Special
Design Standards for
BPRD Zone
Revise subsection E.1.d to clarify that requirement
for 10 percent of parking lot to be landscaped refers
to planted islands between rows of parking.
As written, could be interpreted to mean
that parking areas may not be paved
with asphalt
10.04.23 Goodman and
CBRE
XI-10-7.05 - Special
Design Standards for
BPRD Zone
Revise subsection E.1.e.i to change the spacing
requirement for landscaping ground cover plantings
from minimum 12" on center to minimum 24" on
center.
10.04.23 Goodman and
CBRE
XI-10-7.05 - Special
Design Standards for
BPRD Zone
Revise subsection F.2.b requiring screening of parking
lots to clarify that a solid "wall" of screening is not required, and some transparency of screening
method (fences, plantings, etc.) is allowed.
Ensure this language is also consistent
with existing requirements in Zoning
Ordinance subsection XI-10-54.10
Fences and Walls.
1.3.24 Anthony Cataldo
and Joe Goggiano/
McCarthy
Development
XI-10-7.05 - Special
Design Standards for
BPRD Zone
Suggested several minor modifications to Special
Design Standards for BPRD Zone to allow greater
flexibility for architects/developers and to better
accommodate site-specific conditions and projectspecific needs.
Section 9 - Metro Area Zones
9.12.23 Staff
Metro Area Zones
Uses Table (XI-10-
9.02-1)
Personal Services should be C (conditionally
permitted), instead of NP (not permitted) in BPRD
Metro and BPRD-R Metro zones.
9.12.23 Staff
Metro Area Zones
Uses Table (XI-10-
9.02-1)
Add Advanced Manufacturing to use table. Allow by
right ("P") in BPRD Metro and BPRD-R Metro zones.
Advanced manufacturing was
inadvertently left out of the draft use
table
9.12.23 Staff
Metro Area Zones
Uses Table (XI-10-
9.02-1)
Add Contractor's Shop to use table and make NP (not
permitted) in all Metro Area zones.
5 BC D E F G
Date of
Comment
Name of
commenter
Section/Subsection
Name
Description of Needed Edit Notes/Proposed Edit to the Code Date edit made in final document
53 54
55 56
57 58
59 60
61 62
63 64
65 66
67 68
69 70
1.11.24 Staff
Metro Area Zones
Uses Table (XI-10-
9.02-1)
Change Warehousing, General to Warehousing and
Distribution (per comment above in Section 2 -
Definitions). Warehousing and Distribution should be
NP (not permitted) in the BPRD-Metro and BPRD-RMetro zones.
Stand-alone warehousing and
distribution to be prohibited, but note
that storage of materials/finished goods
as part of Advanced Manufacturing and
R& D uses would still be permitted.
12.01.23 Staff
Metro Area Zones
Uses Table (XI-10-
9.02-1)
Under College and University, delete "public or" so
that this use refers only to private colleges and
universities.
The City does not have authority over
permitting for public
colleges/universities. Also, these
facilities are given the "I - Institutional"
zoning designation.
12.19.23 Staff
Metro Area Zones
Uses Table (XI-10-
9.02-1)
Private colleges and universities should be P
(permitted) in the BPRD-R-Metro and BPRD-Metro
zones.
This is consistent with policy language in
the Metro Specific Plan (page 44) that
refers to educational uses in the plan
area.
9.12.23 Staff
Metro Area Zones
Uses Table (XI-10-
9.02-1)
Add Conference Center to use table, and made C
(conditionally permitted) in BPRD Metro and BPRD-R
Metro zones.
12.01.23 Staff
Metro Area Zones
Uses Table (XI-10-
9.02-1)
Delete the entry "School (not trade or vocational)"
from table.
This is a vague use category - it is not
clear what types of schools are intended
to be included. All types of schools to be
clearly described as separate entries in
the table.
12.01.23 Staff/Sean
Morley/Stratford
School
Metro Area Zones
Uses Table (XI-10-
9.02-1)
Private elementary, middle, and high schools should
be conditional (C), rather than not permitted, in the
BPRD-Metro and BPRD-Metro zones.
9.12.23 Staff
Metro Area Zones
Uses Table (XI-10-
9.02-1)
Trade and Vocational Schools should be C
(conditionally permitted) in BPRD Metro and BPRD-R
Metro zones.
9.12.23 Staff
Metro Area Zones
Uses Table (XI-10-
9.02-1)
Small Family Child Care Home should be NP (not
permitted) in BPRD Metro (since residential uses are
not permitted in this zone).
12.01.23 Staff
Metro Area Zones
Uses Table (XI-10-
9.02-1)
Delete footnotes 6 and 7 to the use table, and renumber all subsequent footnotes in the table.These footnotes referred to zoning provisions in the previous draft that are
now being deleted.
Section 53 - Off-Street Parking Requirements
10.04.23 Ward Mace/
Goodman
XI-10-53.09 OffStreet Parking
Required by Land
Use -- Table 53.09-3
For requirement for one truck parking space for each
delivery vehicle during peak time - clarify that this
refers to "last mile"/delivery trucks and not semi
trucks delivering products to the site.
4.08.24 LWC
XI-10-53.09 OffStreet Parking
Required by Land
Use -- Table 53.09-3
Add parking requirement for Data Centers This is a new land use being added to the Zoning Ordinance.
Section 56 - Nonconforming Buildings and Uses
12.01.23 Prologis
XI-10-56.02 Repair,
Maintenance and
Improvements to
Nonconforming
Buildings and
Structures
Add a clause stating that improvements related to
energy efficiency, GHG emissions reductions, etc.,
may be made to nonconforming buildings/structures.
11.27.23 Staff
XI-10-56.03
Nonconforming Use
of Buildings and
Structures,
subsections (B) and
(B)(1)
Regarding re-establishment of discontinued
nonconforming uses after one year or more in
specific plan areas, change "Transit Area Specific
Plan" to "Milpitas Metro Specific Plan."
The adopted Milpitas Metro Specific
Plan updated and replaced the Transit
Area Specific Plan.
11.27.23 Staff
XI-10-56.03
Nonconforming Use
of Buildings and
Structures,
subsection (B)(2)
Change date for sunsetting provision from June 16,
2016 to July 1, 2026.
Resolution No. 24-017 Page 1
RESOLUTION NO. 24-017
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MILPITAS
RECOMMENDING THAT THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT GP24-0002, TO AMEND THE LAND USE ELEMENT TEXT AND LAND USE MAP, ZONING TEXT AND MAP AMENDMENT ZA24-0002, TO CREATE NEW ZONING
DISTRICTS (BUSINESS PARK RESEARCH AND DEVELOPMENT ZONE, METRO AREA
ZONES) AND 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, 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).
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 65300 et seq. requires each city to prepare and adopt, and amend as necessary, a comprehensive, long-term general plan for the physical development of the county or city; 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, 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 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 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, 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),
Resolution No. 24-017 Page 2
and whereas the proposed Amendments are consistent with the updated General Plan and the environmental analysis conducted for the same; and
WHEREAS, on February 7, 2023, a Subsequent Final Environmental Impact Report (SFEIR) was certified for the Metro Specific Plan in accordance with CEQA, and the proposed Amendments are consistent with the Metro Plan and the environmental analysis conducted for the same; and 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 General Plan Amendments and Zoning Text and Zoning 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, the Planning Commission makes and accepts as its own the findings set forth in this resolution; and
WHEREAS, the Planning Commission is an advisory body to the City Council; and WHEREAS, on May 22, 2024, the Planning Commission held a duly noticed public hearing on the subject application, at which all those in attendance were given the opportunity to speak on the proposed Amendments; and
WHEREAS, the Planning Commission has considered all the written and oral testimony presented at the public hearing in making its decision; and
WHEREAS, all legal prerequisites to the adoption of this resolution and the Planning Commission’s review, recommendation, and approval of the General Plan amendments, Zoning amendments, and CEQA review contained herein have been met.
NOW THEREFORE, the Planning Commission of the City of Milpitas hereby finds, determines, and resolves as follows:
SECTION 1. Recitals
The Planning Commission 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 Planning Commission. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
SECTION 2. CEQA Finding
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
Resolution No. 24-017 Page 3
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 remain adequate under CEQA. The Planning Commission therefore finds that its actions are consistent with CEQA and State CEQA guidelines and that no additional environmental review is required therefore. Subject to the City Council’s ultimate adoption and approvals, the Planning Commission approves, recommends the City Council approve, and adopts this Addendum as if fully set forth herein.
SECTION 3. Findings for General Plan Amendment
The Planning Commission 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 XI-10-57.02, and page IN-8 of the Milpitas 2040 General Plan itself. The Planning Commission makes the following further and specific findings based on the evidence in the public 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 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
Resolution No. 24-017 Page 4
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.
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.
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
Resolution No. 24-017 Page 5
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 4. Findings for Zoning Amendment (Milpitas Municipal Code, Subsection XI-10-
57.02(G)(3))
The Planning Commission 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 Planning Commission makes the following further and specific findings based on the evidence in the public record in support of Zoning Text and Zoning Map Amendment No. ZA24-0002:
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.
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 5: Planning Commission Action
The Planning Commission of the City of Milpitas hereby adopts Resolution No. 24-017 recommending that the City Council (1) approve General Plan Amendment No. GP24-0002 and adopt the implementing proposed resolution in Exhibit 1 hereto, to amend the Land Use Element Text and Land Use Map, (2) approve Zoning Amendment No. ZA24-0002 and adopt the implementing proposed ordinance in Exhibit 2 hereto, to create new zoning districts (Business Park Research and Development Zone, Metro Area Zones) and 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, and (3) adopt the Comprehensive Zoning Ordinance Update Phase I Addendum to the General Plan FEIR (SCH # 2020070348) and Milpitas Metro Specific Plan SFEIR (SCH # 2006032091), based on the above Findings and the full record before it.
Resolution No. 24-017 Page 6
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Milpitas on May 22, 2024.
Mercedes Albana, Chair
TO WIT:
I HEREBY CERTIFY that the following resolution was duly adopted at a regular meeting of the Planning Commission of the City of Milpitas on May 22, 2024, and carried by the following roll call vote:
COMMISSIONER AYES NOES ABSENT ABSTAIN
Mercedes Albana
Dipak Awasthi
Michael Caulkins
Alexander Galang
Parveen Gupta
Chia Ling Kong
Sonia Medina-Ashby
EXHIBITS
1: Draft City Council Resolution for General Plan Amendment Exhibit A: General Plan Map Amendment
2: Draft Zoning Text and Map Amendments Ordinance
Exhibit A: Zoning Map Amendment
3: EIR Addendum
Certificate Of Completion
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If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
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Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact Carahsoft OBO City of Milpitas:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected] To advise Carahsoft OBO City of Milpitas of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your account preferences.
To request paper copies from Carahsoft OBO City of Milpitas To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with Carahsoft OBO City of Milpitas To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guidesigning-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
x You can access and read this Electronic Record and Signature Disclosure; and x You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
x Until or unless you notify Carahsoft OBO City of Milpitas as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Carahsoft OBO City of Milpitas during the course of your relationship with Carahsoft OBO City of Milpitas.