Milpitas City Council
March 4, 2025

Part C: Citywide Standards

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-97 Table C.8.070-H: Standards for Banner Signs 1
sf = square feet | lf = linear feet
Standards Requirements
1 additional banner may be allowed when wrapped around a permitted permanent freestanding sign to announce a change of business name.

Illumination Non-illuminated
Duration Max. 30 consecutive days for first event; max. 15 consecutive days for subsequent event
Displays shall be interrupted by 30 days
Max. 4 permits per calendar year
If associated with a remodel, the interruption period may be waived

Table Notes:
1 Not permitted in residential zones.
2 Included in the total allowable sign area for all temporary signs. See Table C.8.070-F (Standards for All Temporary Signs).

3. Yard Signs, Type II. Type II yard signs must comply with the standards provided in Table C.8.070-I (Standards for Yard Signs, Type II).

Table C.8.070-I: Standards for Yard Sign, Type II
sf = square feet | lf = linear feet
Standards Requirements
Sign Area 1 Max. 4 sf
Sign Height Max. 6 ft
Sign Width Max. 2 ft
Number of Signs Max. 1 per street frontage; none allowed on the street frontage if a yard sign, type III is located on that street frontage

Part C: Citywide Standards

Page XIII-C.98 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Table C.8.070-I: Standards for Yard Sign, Type II
sf = square feet | lf = linear feet
Standards Requirements
Illumination Non-illuminated
Other Must be installed securely in the ground

Table Notes:
1 Included in the total allowable sign area for all temporary signs. See Table C.8.070-F (Standards for All Temporary Signs).

4. Yard Signs, Type III. Type III yard signs must comply with the standards provided in Table C.8.070-J (Standards for Yard Signs, Type III).

Table C.8.070-J Standards for Yard Sign, Type III
sf = square feet | lf = linear feet
Standards Requirements
Sign Area 1 Max. 32 sf
Sign Height Max. 6 ft
Sign Width Max. 8 ft
Number of Signs Max. 1 per street frontage; none allowed on the street frontage if a yard sign, type II is located on that street frontage
1 additional sign allowed for lots with more than 300 ft of street frontage
Illumination Non-illuminated
Other Must be installed securely in the ground

Part C: Citywide Standards

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-99 Table C.8.070-J Standards for Yard Sign, Type III
sf = square feet | lf = linear feet
Standards Requirements

Table Notes:
1 Included in the total allowable sign area for all temporary signs. See Table C.8.070-F (Standards for All Temporary Signs).

C.8.080 Nonconforming Signs
The following provisions shall apply to all nonconforming building mounted or freestanding permanent signs:

Abandonment, Destruction, or Discontinuance. Any nonconforming sign that is abandoned, destroyed to less than one-half of the value as determined by the Building Official, or discontinued for a period of six months or more shall be removed by the owner of the property on which the sign is located. A designated cultural resource consistent with Milpitas Municipal Code Chapter XI-4 (Cultural Resources Preservation Program) is exempt.

Enlargement, Alteration, Reconstruction, or Replacement.

1. No nonconforming sign or billboard shall be enlarged, altered, reconstructed, or replaced except for reasonable repair or maintenance, including structural alterations required by law to ensure the public’s health, welfare, and safety.

2. A nonconforming sign may be enlarged, altered, reconstructed, replaced, or moved only in compliance with all the requirements of this Chapter.

C.8.090 Sign Enforcement
It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, display, maintain, or use a sign within the City contrary to, or in violation of, any provision of this C hapter. The

Part C: Citywide Standards

Page XIII-C.100 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft requirements of this Chapter shall be enforced in compliance with the enforcement provisions of Chapter D.18 (Enforcement and Penalty).

C.8.100 Severability
If any section, sentence, clause, phrase, word, portion , or provision of this C hapter is held invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this Chapter which can be given effect without the invalid provision. The invalidation of the application of any section, sentence, clause, phrase, word, portion, or provision of this Chapter to a particular property or structure, or any particular properties or structures, by any court of competent jurisdiction shall not affect the application of such section, sentence, clause, phrase, word, portion or provision to any other property or structure not specifically included in said invalidation.

Part C: Citywide Standards

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-101 Specific to Uses
Sections:

C.10.010 Purpose
C.10.020 Applicability
C.10.030 Accessory Dwelling Units and Junior Accessory Dwelling Units C.10.040 Adult-Oriented Businesses
C.10.050 Alcoholic Beverage Sales
C.10.060 Animal Husbandry
C.10.070 Auto Broker
C.10.080 Cannabis Uses
C.10.090 Drive-Through Facilities
C.10.100 Eating and Drinking Establishments
C.10.110 Emergency Shelters
C.10.120 Farmers’ Markets
C.10.130 Home Occupations
C.10.140 Large Family Child Care and Child Care Centers C.10.150 Live-Work Units
C.10.160 Massage Establishments
C.10.170 Mobile Food Vending
C.10.180 Mobile Home Parks
C.10.190 Service Stations and Car Washes
C.10.200 Short-Term Rentals
C.10.210 Single- Family Dwelling
C.10.220 Single Room Occupancy Residences
C.10.230 Temporary Uses and Structures
C.10.240 Wireless Telecommunication Facilities
C.10.010 Purpose
The purpose of this Chapter is to establish standards for specific uses and activities that are permitted or conditionally permitted in several or all zones. These provisions are supplemental standards and requirements to minimize the impacts of these uses and activities on surrounding properties and to protect the health, safety, and welfare of their occupants and of the public.

Part C: Citywide Standards

Page XIII-C.102 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft C.10.020 Applicability
Each land use and activity covered by this Chapter shall comply with the requirements of the section applicable to the specific use or activity, in addition to any applicable standard this Title requires in the zone where the use or activity is proposed and all other applicable provisions of this Title.

The uses that are subject to the standards in this Chapter shall be located only where allowed by the zone, specific plan, and/or overlay zone use regulations.

The uses that are subject to the standards in this Chapter are allowed only when authorized by the planning permit required by zone regulations (Part B) except where this Chapter establishes a different planning permit requirement for a specific use.

C.10.030 Accessory Dwelling Units and Junior Accessory Dwelling Units Purpose. The purpose of this Section is to regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Government Code section 66310 et seq.

Applicability.

1. This Section establishes standards for ADUs and JADUs where allowed by Part XIII-B (Zone Regulations).

2. Where this Chapter does not contain a particular standard or procedure, applicable standards and procedures in this Title shall apply unless otherwise stated.

3. An ADU or JADU that conforms to the development standards in this Section is deemed to be an accessory use and shall not count towards the overall density for the lot on which it is located.

Number of Unit Types Allowed.

1. Single-Family Dwellings. On lots with an existing or proposed single-family dwelling, up to one attached ADU, one detached ADU, and one JADU shall be allowed.

2. Multi-family Dwellings. On lots with existing or proposed attached multi -family dwellings, the following shall be allowed:
a. On a lot with an existing multi -family dwelling, up to eight detached ADUs, provided the total number of ADUs do not exceed the number of existing units on the lot; or
b. On a lot with a proposed multi-family dwelling, up to two detached ADUs; and c. Livable space, as defined by California Government Code section 66313(e), within the existing main structure may be converted to one or more ADUs provided that the maximum number of such ADUs shall not exceed 25 percent of the number of multi-family units, and each ADU complies with Building Code standards.

Permit Process, Timing, and Fees.

1. Permits Required. ADUs and JADUs require a Building Permit only, except an ADU that does not comply with the standards of this Subsection may be allowed with the approval of a Minor Site Development Permit approval subject to the finding that the ADU complies

Part C: Citywide Standards

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-103 with Subsection C.10.030.H (Minimum Standards for ADUs Requiring Minor Site Development Permit Approval).

2. Ministerial Review Required. When an ADU or JADU only requires a Building Permit consistent with Subsection C.10.030.D.1 (Permits Required) , the following ministerial review shall apply.
a. The City shall act on an application to create an ADU or JADU, either by approving the application or sending a notice of deficiency, within 60 days of receipt of a complete application or 30 days of receipt of a complete application using a pre- approved ADU plan. Such applications resubmitted in response to a notice of deficiency shall be approved or a notice of deficiency sent within 60 days or 30 days of receipt of a complete application using a pre-approved ADU plan. b. When an application to create an ADU or JADU is submitted with a permit application to create a new single -family dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU shall be considered ministerially without discretionary review or a hearing.

3. Impact and Utility Fees. Prior to issuance of a Building Permit for an ADU or JADU, the applicant shall pay all applicable fees.
a. No impact fees shall be imposed on a JADU or an ADU less than 750 square feet in size.
b. Impact fees charged for ADUs greater than or equal to 750 square feet shall be charged proportionately in relation to the square footage of the primary unit (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling). c. For the purposes of this Section, “impact fee ” means a “fee” as defined in Government Code section 66000(b) and a fee specified in Government Code section 66477. Impact fees do not include any connection fee or capacity charge for water or sewer service.
d. If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling shall be required. e. Installation of a separate direct connection between an ADU or JADU contained within an existing structure and the utility shall not be required. ADUs not within an existing structure shall be required to install a new or separate utility connection and be charged a connection fee and/or capacity charge. These charges shall be proportionate to the burden imposed by the ADU on the water or sewer system based upon either its size or number of plumbing fixtures as determined by the City.

General ADU and JADU Requirements.

1. No Separate Conveyance. An ADU or JADU may be rented, but no ADU and JADU may be sold or otherwise conveyed separately from the primary dwelling unit, nor shall the lot containing the ADU or JADU be subdivided, unless the property was built or developed by

Part C: Citywide Standards

Page XIII-C.104 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft a qualified nonprofit corporation and all provisions of California Government Code section 65852.26 are met.

2. Short-Term Rental Use Prohibited. No ADU or JADU may be rented for a term that is shorter than 30 days.

3. No Minimum Parcel Size. No minimum parcel size shall be required to establish an ADU or JADU.

4. Minimum Unit Size. The minimum size of an ADU or JADU is 150 square feet ( “efficiency unit” per Health and Safety Code section 17958.1).

5. Other Standards . An ADU or JADU that is accessory to a single -family dwelling must comply with the objective design standards applicable to single -family homes in Section C.10.210 (Single-Family Dwelling), unless those standards are precluded by state law.

6. Fire Sprinkler Requirements. ADUs and JADUs shall not be required to include fire sprinklers if they are not required for the primary residence.

7. Existing Nonconforming Conditions. An ADU or JADU shall not be required to correct a nonconforming zoning condition. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.

8. Rental Data. The owner of the lot on which an ADU or JADU is located will be requested to participate in the City's monitoring program to determine rent levels of ADUs and JADUs for the City's Regional Housing Needs Allocation reporting.

9. Deed Restriction. A deed restriction shall be recorded against the lot containing the ADU or JADU with the Santa Clara County recorder's office prior to issuance of any certificate of occupancy for the ADU or JADU. The deed restriction shall run with the land and may be enforced against future property owners. Among other requirements, the deed restriction shall state that the ADU or JADU may not be transferred or sold separately from the primary dwelling. The form of the deed restriction shall be provided by the City.

10. ADU Removal. If an ADU or JADU is removed or converted to another use after a certificate of occupancy has been issued for the ADU or JADU, any deviations from development standards (e.g., setbacks, parking) or exemptions granted specific to the ADU or JADU use (e.g., reduced or exempt fees) shall be brought into compliance with the standards and regulations in effect at the time. Upon approval of the reversion request by the City, the deed restriction applicable to the ADU or JADU shall be rescinded from title.

Additional ADU Standards.

1. Maximum Size.
a. Detached ADUs. The total floor area of a detached ADU shall not exceed 1,200 square feet.
b. Attached ADUs. The total floor area of an attached ADU shall not exceed 50 percent of the existing primary dwelling; however, this standard shall not prevent an attached ADU from being less than 800 square feet.
c. Conversions of existing space to ADUs.

Part C: Citywide Standards

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-105 (i) ADUs created from the conversion of existing space may exceed these size limits.
(ii) An addition of up to 150 square feet to accommodate ingress and egress for an ADU created from the conversion of an existing accessory structure shall be exempt from the maximize size standard.

2. Setbacks.
a. Front setbacks shall be those established by the applicable zone district. b. Minimum side and rear setbacks shall be four feet or the setback for the applicable zone, whichever is less.
c. If a detached ADU would be constructed in the same location and to the same dimensions as an existing structure, the ADU may maintain the same setbacks as the existing structure.

3. Maximum Allowed Height.
a. Generally. 16 feet.
b. Within ½ mile walking distance of a major transit stop or high-quality transit corridor as defined in California Public Resources Code section 21155. 18 feet. c. Attached to the primary dwelling. 25 feet or the height limitation of the zone, whichever is lower.
d. Accessory to an existing or proposed multi-story multi-family dwelling. 18 feet. e. Roof pitch. In addition to the maximum allowed height, an additional two feet in height is allowed to accommodate a roof pitch that is aligned with that of the primary dwelling unit.

4. Parking.
a. One off-street parking space must be provided for each ADU. The parking space may be provided as tandem parking and may be located in setbacks, but not in the front yard unless on the driveway. See Subsection B.4.040.A (R1 Zone Front Yard Coverage) for R1 Zone Front Yard Coverage standards. b. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with construction of an ADU or is converted to an ADU, those off-street parking spaces shall not be required to be replaced. c. Parking for an ADU shall not be required in the following situations:
(i) The ADU is located within one-half mile walking distance of public transit. (ii) The ADU is located within an architecturally and historically significant historic district.
(iii) The ADU is part of (i.e., within the space of ) the proposed or existing primary residence or an existing accessory structure.
(iv) When on -street parking permits are required but not offered to the occupant of the ADU.

Part C: Citywide Standards

Page XIII-C.106 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft (v) When there is an established car -share vehicle stop located within one block of the ADU.

5. Design. The following standards may only apply to the extent allowed by state law. a. Location. A newly constructed detached ADU shall be located behind the street - facing façade of the primary unit.
b. Garage conversions. When a garage is converted to an ADU, the garage door shall be removed and replaced with either windows or a door, provided the door does not face the street if it is an attached ADU. Windows and doors shall be of the same size, proportion, and spacing as the primary dwelling unit. c. Fencing and screening. A solid fence six feet in height or vegetative screening/plantings of species with a mature height of at least 10 feet shall be located or constructed along interior side and rear property lines adjacent to the ADU if the ADU is located less than 10 feet from respective property lines. d. Colors and materials. The exterior materials and colors of an ADU shall match the colors and materials of the primary dwelling unit (i.e., use of the same wall and trim material or wall and trim material that visually appears the same as the primary dwelling unit, including color and texture.

6. Other Standards. Lot coverage, open space, and floor area ratio limitations, where applicable, shall not preclude the development of an ADU of up to 800 square feet and 16 feet in height with a minimum of four-foot side and rear setbacks.

7. Owner Occupancy.
a. An ADU that was permitted after January 1, 2020, but before January 1, 2025, shall not be subject to any owner-occupancy requirement.

b. Unless applicable law requires otherwise, all ADUs permitted on or after January 1, 2025 shall be subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person's legal domicile and permanent residence.

Additional JADU Standards.

1. JADUs shall be subject to an owner -occupancy requirement. A natural person with legal or equitable title to the property shall reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, this owner-occupancy requirement does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

2. JADUs shall have an entrance that is separate from the main entrance to the single-family dwelling unit. If the JADU does not have a separate bathroom, the JADU shall have an interior entry to the main living area of the single-family dwelling unit.

3. Parking shall not be required for a JADU.

Part C: Citywide Standards

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-107 Minimum Standards for ADUs Requiring a Minor Site Development Permit. As allowed in Subsection C.10.030.D.1 (Permits Required), ADUs requiring a Minor Site Development Permit must comply with the following minimum standards.

1. General Standards.
a. Must comply with Subsection C.10.030.E (General ADU and JADU Requirements). b. Must comply with ADU design standards in Subsection C.10.030.F.5 (Design). c. Must provide a minimum 25-foot front setback and minimum four-foot side and rear setbacks; however, no setback is required for an ADU constructed in the same location and to the same dimensions as an existing structure. d. A detached ADU must provide a six -foot separation from the rear wall of the primary dwelling unit.
e. Lot coverage must not exceed 50 percent, allowing 50 percent of the lot to remain as open space.

2. Architectural Design Standards.
a. The materials and colors of the exterior walls, roof, and windows and doors shall match the appearance of the existing or proposed primary dwelling. b. The roof slope shall match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope of the largest portion of the roof. c. Exterior lighting must comply with Section C.2.070 (Lighting and Illumination). d. The interior horizontal dimensions shall be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.
e. Windows and doors shall not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
f. The ADU and primary dwelling must use the same driveway to access the street, unless otherwise required for fire -apparatus access, as determined by the Milpitas Fire Department.

3. Landscape Design Standards. Evergreen landscape screening shall be planted and maintained between the ADU and abutting parcels as follows:
a. At least one 15 -gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24 -inch box size plant shall be provided for every 10 linear feet of exterior wall.
b. Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed. c. All landscaping shall be drought tolerant.

C.10.040 Adult-Oriented Businesses
Purpose. The purpose of this Section is to establish reasonable and uniform regulations regarding the location of a dult-oriented businesses, which will permit the location of adult-oriented

Part C: Citywide Standards

Page XIII-C.108 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft businesses in certain areas but which will also reduce or prevent neighborhood blight , maintain property values, and reduce the incidence of unlawful activity by preventing the concentration of adult-oriented businesses or their close proximity to incompatible uses.

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

Location and Distance Regulations.

1. No adult-oriented business shall be allowed:
a. Within 1,000 feet of any school, public park or recreation area, residential zone , or religious institution; or
b. Within 500 feet of any other adult business premises.

2. Any adult-oriented business lawfully established and lawfully operating under the Milpitas Municipal Code is not in violation of these regulations by the subsequent establishment of a school, public park or recreation area, residential zone, or church or religious institution within the respective distances specified above for each type of use.

This provision applies only to the renewal of an Adult Business Permit consistent with Milpitas Municipal Code Chapter III-4 (Adult Businesses) and does not apply when an application for an Adult Business Permit is submitted after such permit has been revoked.

3. Distance between any two a dult-oriented b usiness premises shall be measured in a straight line, without regard to intervening structures or objects, from the nearest entrance of an adult -oriented business premises to the nearest entrance of the second adult-oriented business premises. The distance between any a dult-oriented business premises and any school, public park or recreation area, residential zone, or religious institution shall also be measured in a straight line, without regard to intervening structures or objects, from the nearest entrance of the a dult business premises to the nearest property line of a school, public park or recreation area, residential zone, or religious institution.

C.10.050 Alcoholic Beverage Sales
Purpose. The purpose of this Section is to establish regulations for standalone establishments that sell alcoholic beverages, such as liquor stores. These standards are designed to provide for the appropriate development of alcoholic beverage sales and to protect the health, safety, and welfare of residents.

Separation of Sensitive Uses.

1. Sensitive Uses. For the purposes of this Section, the following uses are considered sensitive:
a. Parks;
b. Child care centers;
c. Large and small family child care homes;
d. Schools, public;
e. Schools, private;
f. Elderly and long-term care uses;

Part C: Citywide Standards

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-109 g. Residential care facilities;
h. Supportive housing; and
i. Transitional housing.

2. Separation Standards. Table C.10.050-A (Separation Standards for Alcoholic Beverage Sales Uses) identifies the separation from sensitive uses required for all alcoholic beverage sales uses.

Table C.10.050-A: Separation Standards for Alcoholic Beverage Sales Uses Alcoholic Beverage Sales Use Separation From Sensitive Use 1 Convenience Store 2 n/a
Grocery Store, Small; Grocery Store, Large 2 n/a
Liquor Store 500 ft
Wine Shop 500 ft
Table Notes:
1 Minimum horizontal distance measured between the building, or portion of the building, occupied by the alcoholic beverage sales use, and the closest property line of the sensitive use. 2 Does not apply to uses not selling alcoholic beverages.

C.10.060 Animal Husbandry
Minimum Lot Size. A minimum lot size of one acre is required for the keeping of large livestock.

For horses, a minimum lot area of one acre is required per horse.

Separation of Animal Husbandry Uses. Any building or enclosure in which large livestock, except domestic pets in household numbers as allowed by Milpitas Municipal Code Section V -210-7 (Maximum Number of Animals), are contained must be a minimum of 200 feet from any residential, mixed-use, or commercial zoned lot, or from any school or institution for human care.

C.10.070 Auto Broker
In zones where auto brokers are allowed, auto brokers may be permitted by right if, in order to assist the City 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”) is 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.

C.10.080 Cannabis Uses
Purpose. The purpose of this Subsection is to prohibit to the fullest extent allowed by State Law the establishment and operation of all commercial cannabis uses within the City, including all

Part C: Citywide Standards

Page XIII-C.110 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft cannabis dispensaries, cannabis retailers, cannabis manufacturers, cannabis microbusinesses, cannabis testing laboratories, cannabis distribution, cannabis cultivation, and delivery of cannabis. It is also the intent of this Subsection to regulate indoor cannabis cultivation, and to prohibit all outdoor cultivation, for personal use, including by qualified patients and primary caregivers. It is also the intent of this Subsection to entirely prohibit the delivery of non-medical cannabis and only allow the delivery of medicinal cannabis directly to medicinal cannabis patients or their primary caregivers to the minimum extent required by s tate law, subject to all laws and the additional regulations adopted here.

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

Finding and Declaration. The City finds and declares that this local regulatory scheme will not prevent medicinal cannabis patients or their primary caregivers from obtaining medicinal cannabis in a timely and readily accessible manner and in types and quantities that are sufficient to meet demand within the City's jurisdiction.

Personal Cultivation of Cannabis.

1. Indoor Personal Cultivation. The indoor personal cultivation of cannabis is prohibited except in compliance with the following:
a. Cannabis cultivation shall only occur indoors at a private residence, or inside an accessory structure located upon the grounds of a private residence. b. Cannabis cultivation shall be limited to six plants total per residence, whether immature or mature, regardless of how many residents reside at the private residence.
c. Persons engaging in indoor cultivation must comply with all s tate and local laws regarding fire safety, water use, electrical wiring, buildings, and indoor cultivation, and with Health and Safety Code section 11362.1 and 11362.2. d. The use of gas products (carbon dioxide, butane, propane, natural gas, etc.) or generators for cultivation of cannabis is prohibited. Use of gas products shall be limited to those allowed by the California Building, Electrical, and Fire Codes as adopted and amended by the City.
e. The residence shall maintain fully functional and usable kitchen, bathroom, and bedroom areas for their intended use by the resident (s), and the premises shall not be used primarily or exclusively for cannabis cultivation. f. All areas used for cannabis cultivation shall be located within a fully enclosed and secure structure, meaning a space within a building, greenhouse or other legal structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.

2. Outdoor Personal Cultivation Prohibited. Outdoor personal cultivation of cannabis is prohibited in all zones within Milpitas.

Commercial Cannabis Uses Prohibited. All medical and adult-use commercial cannabis uses as defined herein are prohibited from establishing or operating within Milpitas. No Use Permit, Variance, Building P ermit, or any other entitlement or permit, whether administrative or

Part C: Citywide Standards

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-111 discretionary, shall be approved or issued for the establishment or operation of a commercial cannabis use in any zone, and no person shall otherwise establish such businesses or operations in any zone.

Cannabis Deliveries.

1. Deliveries Generally Prohibited. Except as set forth in Subsection C.10.0 80.F.2 (Direct Deliveries to Medicinal Cannabis Patients or Primary Caregivers Excepted) , the ban on commercial cannabis uses also prohibits the operation of a cannabis delivery service to customers in Milpitas , including those deliveries originating from a physical location outside of Milpitas . A cannabis delivery service may not deliver, attempt to deliver, or offer to deliver cannabis or cannabis products in violation of this Subsection. Nothing in this Subsection is intended to, nor shall it be construed to, permit and/or legalize any delivery operation, use, and/or activity that is otherwise prohibited under this Subsection and/or any other law. Rather, this Subsection is intended to prohibit the delivery of commercial cannabis to the fullest extent allowed by state law, including by entirely prohibiting the delivery of non-medicinal cannabis.

2. Direct Deliveries to Medicinal Cannabis Patients or Primary Caregivers Excepted. The direct delivery of medicinal cannabis to a specifically identified medicinal cannabis patient or the primary caregiver for a specifically identified medicinal cannabis patient within the City's jurisdictional limits from a location outside the City's jurisdictional limits is not prohibited by this Subsection only if such deliveries fully comply with each and every one of the following operating conditions:
a. All deliveries must be made directly to a specifically identified medicinal cannabis patient or the primary caregiver for a specifically identified medicinal cannabis patient by a duly licensed cannabis delivery service. Prior to delivery, the delivery service must obtain a copy of written documentation for the identified medicinal cannabis patient proving the patient possess a physician's recommendation for medicinal cannabis that is valid at the time of delivery. (i) For deliveries to a medicinal cannabis patient, that written documentation must include either a currently valid copy of a physician's recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2 of the Business and Professions Code or a currently valid identification card issued in compliance with Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code.
(ii) For deliveries to a primary caregiver for a medicinal cannabis patient, that written documentation must include either a currently valid identification card for the identified patient issued to the primary caregiver in compliance with Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code or both a currently valid copy of a physician's recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2 of the Business and Professions Code and proof that primary caregiver has consistently assumed responsibility for the housing, health, or safety of the identified patient.

Part C: Citywide Standards

Page XIII-C.112 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft (iii) Written documentation received by a delivery service for this purpose shall be maintained confidentially and only disclosed in compliance with all applicable laws.
b. All deliveries must be to a fixed address for a specifically identified medicinal cannabis patient.
(i) For deliveries to a medicinal cannabis patient, that fixed address must be the patient's private residence.
(ii) For deliveries to a primary caregiver for a medicinal cannabis patient, that fixed address must be the primary caregiver's primary business address. (iii) Deliveries cannot be to a post office box, any other form of mail, package, or parcel pickup location or locker, or to a mail, package, or parcel receiving agency or business.
(iv) Delivery must be to a person 18 years of age or older. The delivery service must record the name of the person receiving the delivery. (v) Upon delivery, and prior to completing delivery, the delivery must be signed for by the identified medicinal cannabis patient or the primary caregiver for the identified medicinal cannabis patient. c. All deliveries must occur between the hours of 6:00 A.M . Pacific Time and 10:00 P.M. Pacific Time. Deliveries may not occur in a manner that would tend to disturb the peace, quiet, and/or enjoyment of a reasonable person of normal sensitivity residing nearby.
d. The cannabis delivery service must maintain a log or other record stating the date, time, quantities, and products for each delivery as well as the name of the identified medicinal cannabis patient and the name of any primary caregiver for the delivery.
e. The cannabis delivery service must retain for a period of at least two years copies of all records, documentation, signatures, permits, and licenses required by this Subsection and present them to a law enforcement officer upon demand. f. The cannabis delivery service must fully comply with all applicable laws, including this Subsection and Division 10 of the Business and Professions Code, all rules and regulations promulgated by the Department of Cannabis Control, including in Title 4, Division 19 of the California Code of Regulations, and all guidelines, procedures, and regulations promulgated pursuant to this Section by the City Manager.
g. Deliveries of medicinal cannabis may not include anything other than medicinal cannabis and medicinal cannabis products. Specifically, deliveries of medicinal cannabis may not include delivery of cannabis accessories or promotional materials, as defined by Section 15000 of Title 4, Division 19, Chapter 1, Article 1 of the California Code of Regulations, or branded merchandise of any kind.

3. Business Tax and License. A cannabis delivery service must obtain a business tax license from the City pursuant to Title III, Chapter 1 (Business Licenses) of this Code prior to commencing any delivery service within the City's jurisdiction or offering or attempting

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Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-113 to deliver within the City's jurisdiction, even if delivering from a physical location outside of the City. A cannabis delivery service must pay all state and local taxes or fees for delivery services occurring with the City's jurisdiction, including taxes or fees imposed by or owed to the City.

4. Registration. A cannabis delivery service must register with the Milpitas Police Department in a form acceptable to the Chief of Police prior to commencing any delivery service within the City's jurisdiction or offering or attempting to deliver within the City's jurisdiction, even if delivering from a physical location outside of the City. That registration must be signed by the registrant averring the truth and accuracy of the information contained therein and include all of the following information:
a. The name, address, and telephone number of the registrant and the delivery service. If the registrant or the delivery service has done business under any other name, including a fictitious name, the registrant must provide each name and all dates and jurisdictions of use.
b. The name, address, and telephone number of the person(s) who will manage and operate the delivery service.
c. The name, address, and telephone number for the person(s) authorized to accept service of process and legal notices for the delivery service. d. The business name, license number, license type, license designation, license status, and expiration date for any applicable license issued by the Department of Cannabis Control.
e. Any other information required by the Chief of Police.

The delivery service must update its registration annually and within 72 hours of any change to the information contained in its registration or its cessation or suspension of medicinal cannabis delivery services within the City's jurisdiction. Registratio n may be conditioned, suspended, refused, or revoked under the procedure specified in Subsection C.10.070.E.7 (Suspension or Prohibition). A cannabis delivery service may not re-register, and no registration will be accepted, within one year after its registration is revoked.

Where a cannabis delivery service is sold, transferred, merged, acquired, or any person or entity otherwise succeeds in whole or in part to any of the assets, liabilities, facilities, employees, managers, or officers of a cannabis delivery service, the registration of the successor business may be condition, suspended, refused, or revoked upon the same or similar terms as the previous business as the interests of justice require.

5. Administrative and Criminal Violations. In addition to all other remedies and actions allowed by law, any violation of this Subsection may be enforced by administrative citation, pursuant to Title I, Chapter 21 (Administrative Citations) of the Milpitas Municipal Code, or criminal prosecution, pursuant to Section I-1-4.09 (Penalty Provisions) of the Milpitas Municipal Code. At the Enforcement Authority's sole discretion, violations of this Subsection may be charged as a misdemeanor, punished by a fine not to exceed the sum of five hundred dollars ($500) or by imprisonment in the County Jail not to exceed six (6) months or by both such fine and imprisonment, or an infraction, punished by a fine not exceeding one hundred dollars ($100) for a first violation, a fine not exceeding two hundred dollars ($200) for a second violation within one year, or a fine not exceeding five

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Page XIII-C.114 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft hundred dollars ($500) for each additional violation within one year. Each day such a violation continues shall be a new and separate violation.

6. Rebuttable Presumption. If a cannabis delivery service reports or otherwise discloses to a state, local, or federal governmental entity that it has delivered cannabis or cannabis products, whether for taxation, licensing, tracking, or other purposes, that report or disclosure shall create a rebuttable presumption for the facts and circumstances of each delivery referenced, including a prima facie case for any violation of this Section evidenced thereby.

7. Suspension or Prohibition. In addition to all other remedies and actions allowed by law, the Enforcement Authority may immediately suspend, revoke, or otherwise prohibit or condition any delivery service from delivering medicinal cannabis within the City's jurisdictions, or impose additional terms and conditions upon that delivery service, if it fails or has failed to fully comply with all laws, including this Subsection, fails or has failed to register with the Milpitas Police Department prior to delivering, attempting to deliver, or offering to deliver within the City's jurisdiction, fails or has failed to maintain its business license, or fails or has failed to remit any applicable state or local taxes or fees for delivery services occurring with the City 's jurisdiction. Pursuant to Title I, Chapter 20, Section 2 (Notices) of the Milpitas Municipal Code, notice of this suspension, revocation, or imposition of additional terms and conditions may be served by mail to the address provided in the delivery service's registration or, if there is no current registration, any other address listed for the delivery service. Within 15 calendar days of that mailing, the delivery service may appeal that determination to a hearing officer appointed by the City Manager pursuant to the procedure provide in Title I, Chapter 20, Section 3 (Hearings) of the Milpitas Municipal Code by filing with the City Clerk a written notice of appeal containing all factual and legal grounds for the appeals as well as all records or other evidence supporting that appeal. Within twelve (12) calendar days of being mailed notice of the hearing officer's decision pursuant to the same notice procedure, the delivery service may appeal the hearing officer's decision to the City Council pursuant to t he procedure provided in Title I, Chapter 20, Section 5 (Appeals to Council) of the Milpitas Municipal Code.

8. Transportation Through City. This section shall not be construed to prohibit use of the public roads to pass through the City's jurisdiction without making a delivery within the City's jurisdiction pursuant to Business and Professions Code s ection 26090 or those activities allowed by section 26054, subdivisions (c), (d), or (e).

9. Implementing Regulations. The City Manager with due consultation with the Chief of Police, shall have the authority to adopt all necessary guidelines, procedures, and regulations to implement the requirements and fulfill the policies and purposes of this Subsection related to the delivery of medicinal cannabis.

Public Nuisance; Effect of State Law.

1. It is hereby declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any real property in the City to cause or allow such real property to be used for a commercial cannabis use or for the cultivation of cannabis except in strict compliance with this Section . Any condition caused or permitted to exist in violation of any of the provisions of this Section may be abated as a public nuisance as provided in this Code and/or under state law.

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2. In the event of any conflict between the penalties enumerated under the Milpitas Municipal Code and any penalties set forth in state law, the maximum penalties allowable under state law shall govern. The City Attorney or prosecuting attorney has the authority to declare and prosecute the violation as the maximum penalty permitted by state law, including but not limited to, those penalties prescribed by Health & Safety Code s ection 11362.4. To the extent certain conduct is immune from arrest and criminal liability in compliance with s tate law, including the Compassionate Use Act of 1996 (Health and Safety Code section 11362.5) or the Medical Marijuana Program (Health and Safety Code section 11362.7 et seq.), criminal penalties shall not apply.

C.10.090 Drive-Through Facilities
Purpose. The purpose of this Section is to establish reasonable and uniform regulations regarding the location, development, and design of drive-through facilities.

Circulation Plan. A pedestrian and vehicular circulation plan shall be submitted for approval by the Review Authority. The circulation plan shall indicate how drive-through, pedestrian, and vehicular circulation will be designed to allow safe, unimpeded movement of vehicles at street access points and within the travel aisles and parking space areas and provide for pedestrian safety. The plan shall also indicate how vehicles will circulate to and through the drive-through or use drive-up facilities in manner that will not impede traffic flow on any public right-of-way.

Standards. Drive-through facilities shall be located, developed, and operated in accordance with the following standards:

1. Drive-Through Aisles. Drive-through aisles shall be designed to allow safe, unimpeded movement of vehicles at street access points and within the travel aisles and parking space areas.
a. Drive aisles are prohibited between the building and street unless no alternative exists.
b. A minimum 15 -foot interior radius at curves and a minimum 12 -foot width is required.
c. Each drive -through entrance and exit shall be at least 100 feet from an intersection of public rights -of-way, measured at the closest intersecting curbs, and at least 25 feet from the nearest curb cut on an adjacent property. d. Each entrance to an aisle and the direction of flow shall be clearly designated by signs and/or pavement markings or raised curbs outside of the public right -of- way.

2. Landscaping. Each drive-through aisle shall be screened with a combination of decorative walls and landscape to a height of 20 inches to prevent headlight glare and direct visibility of vehicles from adjacent streets and parking lots.

3. Pedestrian Walkways. Pedestrian walkways shall not intersect drive -through aisles, unless no alternative exists. In such cases, pedestrian walkways shall have clear visibility, emphasized by enhanced paving or markings.

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Page XIII-C.116 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft C.10.100 Eating and Drinking Establishments
Purpose. The purpose of this Section is to provide regulations for eating and drinking establishments, including regulations for establishments to expand dining area into outdoor spaces in a safe, well designed, and attractive manner.

General Standards. The following standards shall apply to all eating and drinking establishments.

1. Restaurants 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.

2. All the facility's floor drains, trash compactors and indoor mat and equipment washing areas shall be drained to the sanitary sewer.

3. Where applicable, a restaurant shall maintain an active account with a tallow hauling company.

4. Restaurants 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:
a. Wash all containers and equipment in the kitchen areas so that wash water may drain into the sanitary sewer.
b. Keep garbage dumpsters clean inside and out; replace very dirty dumpsters with new, clean ones.
c. Double bag waste to prevent leaking.
d. Place, do not drop or throw, waste-filled bags, to prevent leaking. e. Keep the ground under and around the garbage dumpsters swept. f. Sprinkle the ground lightly after sweeping with a mixture of water and a little bleach.
g. 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 documenting compliance with this requirement. h. Post signs (in English and multi-lingual) inside the premises for all employees identifying procedures for food delivery and garbage disposal. i. All garbage bins shall be stored in the garbage enclosure except for the 12 hours immediately before and after garbage collection.

Outdoor Music in C1, C2, and Mixed Use Zones. Outdoor music in the C1, C2, and mixed use zones shall comply with the following standards.

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.

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2. 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 Milpitas Municipal Code Title V ( Public Health, Safety and Welfare ), Subsection V -213-2 (Definitions), and Subsection V-213-3 (Unlawful to Create or Permit Disturbing Noise) for additional regulations.

Outdoor Dining.

1. Review and Approval Procedures.
a. New or modified outdoor dining areas on private property may be approved with a Minor Site Development Permit in accordance with Subsection D.4.020 (Site Development Permits).
b. In cases where a Conditional Use Permit is required for a n eating and drinking establishment, an existing establishment with an approved Conditional Use Permit may add or modify an outdoor dining area with approval of a Minor Site Development Permit. No amendment to the approved Conditional Use Permit shall be required.
c. Written permission from the owner of record of the subject property shall be required as part of the application for outdoor dining. d. Applications for new or modified outdoor dining areas are also subject to review and approval by the Fire Department.

2. Location and Siting Requirements. Outdoor dining and seating may be conducted as part of a legally established eating and drinking establishment that is located on the same lot subject to the following standards.
a. Dining areas may be located within outdoor areas adjacent to an enclosed restaurant, such as existing private sidewalks and walkways, patios, etc. b. A minimum five-foot wide path of travel shall be maintained along all pedestrian walkways from parking areas and public sidewalks to all public building entrances. c. A minimum two-foot setback shall be required between an outdoor dining area barrier and any adjacent parking space(s).
d. An outdoor dining area shall not be separated from the restaurant by any vehicular drive aisle.
e. Outdoor dining areas may be located within, and may replace, existing off-street parking spaces on privately owned parcels; however, no existing accessible parking spaces required per Title 24 of the California Building Standards Code and the Americans with Disabilities Act may be removed to accommodate outdoor dining areas. Parking spaces to be converted to outdoor dining areas must be immediately adjacent to the restaurant establishment.
f. Outdoor dining areas shall not be located within required loading zones or stormwater treatment areas and shall not obstruct access to utilities. g. Outdoor dining areas, including permanent canopies, pergolas, or similar shade structures are subject to the setback standards of the applicable zone, with

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Page XIII-C.118 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft encroachments allowed consistent with Subs ection C.2.130 (Setbacks and Encroachments into Required Setbacks).
h. Outdoor dining areas shall be subject to all emergency access regulations of the California Fire Code.

3. Allowed Reductions to Required Parking Spaces. The required number of parking spaces may be reduced by up to 15 percent to accommodate new or expanded outdoor dining areas in existing parking areas, provided that the size of the outdoor dining area is 800 square feet or less. Exceptions include:
a. Mixed use zones and commercial zones. The total required parking as specified in Subsection C.6.050 (Number of Parking Spaces Required) may be reduced by up to 30 percent to accommodate new or expanded outdoor dining areas in existing parking areas.
b. Multi-tenant commercial properties with shared parking. Allowed reductions to required parking to accommodate outdoor dining shall be based on the total parking requirement for all uses and establishments on the subject property, not solely on the parking requirement for the restaurant(s) proposing to add or expand outdoor dining areas.

4. Design Standards.
a. Barriers. Outdoor dining areas shall be delineated by a substantial and durable barrier that separates the dining area from vehicular drive aisles and parking spaces. The following standards apply:
(i) Materials. Barriers should be made from high -quality materials such as wood or iron railings and fencing, planter boxes, and decorative concrete barriers.
(a) Materials and design of barriers and associated amenities should be consistent with the design and appearance of the restaurant and complementary to the character and design of the
surrounding district.
(b) Barrier materials must be painted or covered in siding or other finished materials approved by the Department.
(c) Chain link fencing, corrugated metal, unfinished wood materials, stanchions, retractable belts, screens, and small landscape planters are prohibited.
(ii) Barrier height. Solid portions of barriers for outdoor dining areas shall be no more than three feet in height.
(a) Transparent, shatterproof glass ( e.g., plexiglass) may be placed above a three-foot solid barrier, up to a total maximum height of six feet.
(b) If the outdoor dining area has a permanent shade or roof structure, plexiglass or other transparent materials may extend to the height of the ceiling.

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Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-119 (iii) If barriers are movable, they must be well secured and designed to support weight leaning against them.
(iv) Barriers must have one opening for emergency access, with a minimum width of 36 inches, for every 20 linear feet of barrier. (v) Barriers adjacent to parking spaces shall be marked with reflective material, such as tape or plastic reflective strips.
b. Shade structures, tables, chairs, and other amenities. Permanent overhead shade structures may be allowed for outdoor dining areas. The design and location of any permanent overhead shade structure shall complement the main restaurant and shall be subject to review and approval by the Department. All permanent overhead shade structures require a Building Pe rmit and comply with the following standards.
(i) Materials. Permanent overhead shade structures shall be durable and made from high -quality materials such as wood or metal. Plywood, corrugated metal, and corrugated polycarbonate are prohibited as materials for roofing or shade structures. Tables and chairs should be of a high -quality and visually appealing material such as wood or metal.

Inexpensive plastic or vinyl tables and chairs are not permitted. (ii) Height. The maximum height for all overhead shade structures for outdoor dining areas shall be 12 feet.
(iii) Non-permanent shade equipment.
(a) Non-permanent shade equipment, such as umbrellas, fabric canopies, or retractable awnings, are permitted provided they are made from high -quality materials and removed or stored when the outdoor dining area is not in use.
(b) For retractable awnings projecting from buildings, the minimum vertical clearance shall be eight feet and the maximum extension from the face of a building shall be seven feet.
(iv) Landscaping. The layout of outdoor dining areas should incorporate spaces for landscape planters with decorative plants and flowers. c. Accessibility Requirements.
(i) Surfaces. Outdoor dining areas shall have hard, non-slip surfaces, such as concrete, tile, stone, or wood/composite decking. Soft surfaces such as dirt, gravel, and lawn are not permitted.
(ii) Ramps. If an outdoor dining area is located on a raised platform or in a sunken area, a ramp that meets the requirements of the California Building Code and the Americans with Disabilities Act must be provided. (iii) Accessible seats. A minimum of five percent of the seats provided in an outdoor dining area shall be wheelchair accessible. Minimum dimensions for wheelchair accessible seating spaces shall be 30 inches wide by 48 inches deep. Access to all such seating spaces shall be provided via a path with a minimum unobstructed width of 36 inches.

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5. Lighting. No electrical wires for lighting elements shall cross the required clear path of travel along a public sidewalk or private pedestrian walkway. Solar lighting is encouraged for outdoor dining areas.

6. Signage. All restaurant signage shall comply with Chapter C.8 (Signs). No additional signage shall be permitted in outdoor dining areas.

7. Operational Standards.
a. Hours of operation. The hours of operation for outdoor dining areas shall be limited to the hours of operation of the associated eating and drinking establishment. In no case shall outdoor dining be permitted before 7:00 A.M., and not after 10:00 P.M. Sunday through Thursday and after 11:00 P.M. Friday and Saturday.
b. Alcoholic beverages. All necessary California Department of Alcoholic Beverage Control permits shall be obtained by the eating and drinking establishment operator.
c. Smoking and vaping. No smoking or vaping shall be permitted within outdoor dining areas.
d. Other outdoor uses. Outdoor preparation and/or storage of food is not permitted within outdoor dining areas.
e. Performance standards. All performance standards in Section C.2.110 (Performance Standards) shall be complied with.

8. Maintenance Requirements.
a. Outdoor dining areas shall be kept clean and free of litter and debris at all times. b. All plants and landscaping shall be maintained in good health. c. All plexiglass or other transparent materials used as part of an outdoor seating barrier shall be regularly cleaned and provide a clear view from the outdoor seating area. Cracked, broken, or discolored materials are prohibited and shall be replaced immediately.

C.10.110 Emergency Shelters
Purpose. The purpose of this Section is to establish objective standards specific to emergency shelters in compliance with California Government Code section 65583(a)(4).

Applicability. The standards for emergency shelters in this Section apply to all emergency shelters as allowed by Part XIII-B (Zone Regulations).

Minimum Standards.

1. Management Plan. A management plan, identifying compliance with this Title, shall be submitted to the Department for review and approval prior to issuance of an occupancy permit. Management plans shall be resubmitted to the Department on an annual basis for review and approval.

2. Maximum Number of Beds per Emergency Shelter. 30.

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3. Outdoor Waiting Areas. The size of outdoor waiting areas on private property shall accommodate the expected number of clients without encroaching upon the public right- of-way.

4. On-site Management. On-site management shall be provided during the hours that the emergency shelter is in operation.

5. Proximity. An emergency shelter shall not be located within 300 feet of other emergency shelters. Emergency shelters shall not be required to be more than 300 feet apart.

6. Length of Stay. The length of stay for each individual at any emergency shelter shall not exceed 90 days, unless the management plan approved by City provides for longer residency by those enrolled and regularly participating in a training or rehabilitation program.

7. Lighting. Exterior lighting of the property shall be designed to provide a minimum maintained horizontal illumination of at least one foot candle of light on parking surfaces and walkways that serve the facility. Exterior lighting must otherwise comply with Section C.2.070 (Lighting and Illumination).

8. Security. Security shall be provided during the hours that the emergency shelter is in operation. Security plans shall be submitted to the City for review and approval prior to issuance of an occupancy permit. Security plans shall be resubmitted to the City on an annual basis for review and approval.

C.10.120 Farmers’ Markets
Purpose. The purpose of this Subsection is to establish reasonable and uniform regulations for the operation of farmers’ markets. The standards that follow are minimum performance standards to ensure compatibility with surrounding uses and to promote public health, safety and general welfare.

Required Permits. The market operator and vendors shall obtain any permits required in compliance with this Title and secure all necessary licenses, certificates , and health permits; this includes a master business license with the City for participating farmers and other vendors. All permits shall be in the possession of the farmers’ market manager or the vendor, as applicable, on site during all market hours of operation.

Application. An application for a farmers’ market shall be submitted to the Director on a prescribed City application form and shall include all the information that is necessary for review of the application, such as a site plan, traffic handling plan, market layout plan, and a management plan.

Management Plan. A management plan shall be prepared and provided to the Director. The management plan shall include the following:

1. Identification of a market manager or managers, who shall be present during all hours of operation.

2. A set of operating rules addressing the governance structure of the market, the method of assigning booths and registering vendors, hours of operation, maintenance, security, refuse collection, and parking.

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Page XIII-C.122 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Hours of Operation. Market activities may be conducted between the hours of 7:00 A.M. and 10:00 P.M. with specific hours and duration to be approved by the City. Set up of market operations may not begin more than two hours prior to the operational hours of the market and take down shall be completed within two hours of the close of the market.

Waste Management . Adequate composting, recycling, and trash containers shall be provided during hours of operation and shall be removed from site for appropriate disposal. The site shall be cleaned at the end of each day of operations, including the removal of all stalls and debris.

Music and Events. Music, performances, or special event activities conducted as part of the farmers’ market (e.g., cooking show, recipe contests, face painter) shall not be allowed within 200 feet of any residentially zoned property unless specifically approved by the Director.

Indemnification. The market operator shall enter into an indemnification agreement by which it agrees to defend, indemnify, and hold harmless the City, its officers, agents, and employees from any and all claims, damages, cost, and other expense, including attorney fees, arising out of the City’s approval or as a result of any actions by the market operator in compliance with the City’s approval.

C.10.130 Home Occupations
Purpose. The purpose of this Section is to provide residents with the ability to conduct business at home yet ensure that the business does not interfere with, detract from, or otherwise adversely affect the character of the neighborhood.

Home Occupation Permit. All persons operating a home occupation must obtain a Home Occupation Permit prior to commencing any business.

General Standards.

1. Residents Only. Only the residents of the dwelling may operate the home occupation. No employees associated with the home occupation shall report to work on the premises.

2. Client Visitation and Client Vehicle Limit. A maximum of two clients is allowed on the premises at any time. Only one vehicle at a time for client(s) visiting a home occupation may be parked on a public street.

3. Inside Only. The home occupation must be conducted entirely within the dwelling except for those types of occupations which are conducted entirely off -site and away from the dwelling.

4. Storage. The storage of materials, supplies, or equipment outdoors in a manner which is visible from adjacent properties or public ways is prohibited.

5. Exterior Modifications Prohibited. Modification or exterior alterations directly related to a home occupation use and not consistent with the use of the home as a residential dwelling is prohibited.

6. Signs and Advertising. No signs are permitted either on or off the premises in connection with the home occupation, including signs affixed to or painted on vehicles associated with the home occupation and stored at the dwelling . Products or equipment produced or used by home occupation must not be displayed in a manner which is visible from the exterior of the dwelling.

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7. Vehicles. The business shall not involve the use of commercial vehicles for delivery of materials to or from the premises other than a vehicle not to exceed 8, 500 pounds gross vehicle weight , owned by the business owner, which must be stored on the property where the home occupation is conducted, in a driveway or an enclosed garage.

8. Nuisances. A home occupation shall be conducted such that no offensive or objectionable noise, dust, vibration, smell, smoke, heat, humidity, glare, refuse, radiation, electrical disturbance, interference with the transmission of communications, interference with radio or television reception, or other hazard or nuisance is perceptible at or beyond any lot line of the unit or structure within which the home occupation is conducted, or outside the dwelling unit if conducted in other than a detached single-unit dwelling.

9. Prohibited Uses. The following uses are prohibited as home occupations:
a. Adult-oriented businesses;
b. Animal care and services, including pet day care , for more than four household pets when the pets are kept indoors;
c. All vehicle-related uses;
d. Commercial cannabis uses;
e. Eating and drinking establishments;
f. Food and beverage processing and preparation;
g. Hotels and motels;
h. Maintenance and repair services;
i. Massage establishments;
j. Medical offices/clinics;
k. Personal services;
l. Retail uses, excluding retail sales in which all products are sold over the phone or internet and shipped to the customer; and
m. Rentals of residential pools or yards separate from a short-term rental as allowed consistent with Section C.10.200 (Short-Term Rentals).

10. Cottage Food Operations. Cottage food operations are allowed as home occupations consistent with California Government Code section 51035 and California Health and Safety Code section 114365 et seq.

C.10.140 Large Family Child Care and Child Care Centers Purpose. The purpose of this Section is to establish standards specific to child care facilities in compliance with state law.

Applicability. The standards for large family child care and child care centers in this Section apply to all large family child care centers and child care centers as allowed by Part XIII-B (Zone Regulations).

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1. Separation for Large Family Child Care Homes.
a. Large family child care homes shall be spaced at least 300 feet apart from each other.
b. The Planning Commission may allow large family child care homes closer than 300 feet from each other through the approval of a Conditional Use Permit in accordance with Subsection D.2.050.C (Use Permits) of this Title.

2. Parking Requirements. O ff-street parking spaces shall be provided and improved consistent with the requirements of Chapter C.6 (Parking and Loading).

3. Hours of Operation. Large family childcare homes may not operate before 6:30 a.m or after 7:30 p.m.

C.10.150 Live-Work Units
Purpose. The purpose of this Section is to control and regulate land use activities for live -work units. The intent of a live-work unit is to allow small-scale business activities with residential unit, beyond those activities allowed in home occupations, which meet certain standards.

Applicability. The provisions of this Subsection apply to the design, development, and operation of live-work units, including new live-work units, conversions of existing residential and nonresidential buildings to live-work buildings, and any change of use or occupancy in a live-work unit.

Establishment.

1. Live-work units may be established through the conversion of existing commercial , industrial, or other buildings or by new construction.

2. Uses permitted or conditionally permitted within the zone are allowed as the nonresidential use, unless prohibited in Subsection C.10.140.G (Prohibited Uses) .

3. Uses that may, depending on how they are operated, have the potential to generate impacts or would constitute a change in occupancy under the Building Code shall not be approved as a nonresidential use within a live-work unit unless the Review Authority finds that as proposed to be conducted, or as modified by conditions of approval, they would not conflict with or adversely affect others living or working in or nearby the live -work development.

Minimum Standards. All live-work units must meet the following standards:

1. Commercial Component.
a. First floor and street entry. The commercial component of a live -work unit shall be located on the first floor with the main entry facing the street or common pedestrian space. The main commercial entry facing the street shall have a commercial, storefront appearance.
b. Restricted to the unit. The commercial component shall be restricted to the unit and shall not be conducted in the yard, garage, or any accessory structure.

Commercial outdoor storage is not allowed.

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2. Residential Component.
a. Living space. Living space must occupy a minimum of 60 percent of the total gross floor area of the unit.
b. Interior access. The residential component shall have direct interior access to the commercial unit.
c. Exterior access. The residential component shall have exterior access that is not through the commercial component.

3. Parking and Loading.
a. Required parking spaces. Live-work units must comply with Chapter C.6 (Parking) for required parking spaces.
b. Required loading spaces . Each live -work unit shall have at least one off -street loading area for every 50,000 gross square feet of space occupied by live -work units. No additional loading areas are required if the loading requirements for industrial or commercial occupants of a live-work building exceed the loading requirements for the live-work use.
c. Exceptions and modifications. Requirements for parking and loading spaces may be waived or modified through the Conditional Use Permit if the Review Authority finds:
(i) That the proposed parking will be adequate to meet the demand created by the project given the character of the proposed uses; and (ii) That a waiver or modification of parking requirements will not, under the circumstances of the particular project, either conflict with nor adversely affect commercial or industrial uses or residential zones in the area where the project is proposed.

4. Signs. Sign size, location, illumination and materials, shall be consistent with the architectural building design and approved through a Sign Program.

5. Hazardous Materials. Business shall not involve the use of hazardous materials or produce medical or hazardous waste, except those that are below permitted amounts in accordance with the California Fire Code and as amended by the Milpitas Municipal Code V-300-2.10.

6. Food Operations. All foods must be produced, prepared, packaged, stored, transported, and marketed in compliance with the County of Santa Clara Department of Environmental Health standards.

7. Nuisance. The live-work unit shall not create external noise, odor, glare, vibration , or electrical interference detectable to the normal sensory perception by adjacent neighbors.

8. Nonresident Employees. Up to two persons who do not reside in the live-work unit may work in the unit. The employment of three or more persons who do not reside in the live- work unit may be permitted subject to a Conditional Use Permit based on additional findings that such empl oyment will not adversely affect traffic, parking, or other conditions in the area where the live-work unit is located.

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9. Notice to Occupants Required. The owner or developer of any building containing live- work units shall provide written notice to all live -work occupants and users that the surrounding area may be subject to levels of noise, dust, fumes, or other effects associated with commercial and industrial uses at higher levels than would be expected in residential areas. State and federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial or industrial properties in th e zone where the project is located. For purposes of noise control, live -work units shall be classified as commercial property.

10. On-Premise Sales. On-premises sales of goods is limited to those produced within the live-work unit. Sales of goods produced within the live-work unit shall be incidental to the primary work use in any building used exclusively for live- work occupancy. These provisions shall permit participation in occasional open studio programs and gallery shows.

Business License. A Business License shall be obtained for every commercial space within the live- work units.

No Separate Sale or Rental of Portions of Unit. No portion of a live-work unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a person or persons not working in the same unit.

Prohibited Uses. Any use not permitted within the underlying zone is prohibited along with the following:

1. Adult-oriented businesses;

2. Massage establishments;

3. Retail stores, general merchandise;

4. Smoke/tobacco shops;

5. Animal care and services;

6. All vehicle-related uses;

7. Community assembly;

8. Group instruction uses;

9. Educational institutions;

10. Indoor entertainment uses; and

11. Eating and drinking establishments.

C.10.160 Massage Establishments
Purpose. The purpose of this Section, in conjunction with Chapter III-6 ( Massage Establishments and Practitioners) of the Milpitas Municipal Code, is to regulate the establishment, location, and operation of massage establishments and accessory massage establishments in compliance with state law.

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

Part C: Citywide Standards

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-127 Applicability.

1. This Section applies to massage establishments as defined in Milpitas Municipal Code Chapter III-6 (Massage Establishments and Practitioners ) and Chapter E.4 (Definitions of Uses). This Section also applies to accessory massage establishments as defined in Chapter E.4 (Definitions of Uses).

2. Preexisting Massage Establishments. Any legally established massage establishments must comply with the provisions of this Section and the provisions of Milpitas Municipal Code Chapter III-6 (Massage Establishments and Practitioners).

3. Exemptions. The requirements of this Section do not apply to the following establishments or classes of individuals who perform massage while employed in their professional capacities:
a. Physicians, surgeons, chiropractors, osteopaths, nurses, physical therapists, or acupuncturists, who are duly licensed to practice their respective professions in California and persons working directly under the supervision of such licensed persons. “Working directly under the supervision” means that the person is an employee of the licensed person, is working at the same location as the licensed person, has his or her work supervised by the licensed person, and that the licensed person is present when the employee is performing massage. This exemption shall not apply if the business performs massage on persons for whom the licensed person does not provide professional services. b. Barbers, beauticians, cosmetologists, manicurists, and other persons licensed to practice any healing art under the provisions of Division 2 (commencing with Section 500) of the California Business and Professions Code while engaging in practices within th e scope of their licenses, and who perform massage only on the neck, face, scalp, hands, arms, or lower limbs up to the knee of their customers.
c. Personal fitness training centers, gymnasiums, athletic facilities or health clubs, when the giving of massage for compensation is not a principal function of such businesses.
d. Hospitals, nursing homes, sanitariums, or any other healthcare facilities duly licensed by the State.
e. Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment. f. Trainers of amateur, semi-professional or professional athletes or athletic teams, while engaging in their training responsibilities for and with athletes; and trainers working in conjunction with a specific athletic event such as an outdoor road or bike race.
g. Sole providers, including sole providers operating an off -premise massage service, who have a valid certificate issued by the CAMTC in accordance with the Act, either as a certified massage practitioner or a certified massage therapist, and who are practicing consistent with the qualifications established by such certificate.

Part C: Citywide Standards

Page XIII-C.128 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft General Requirements.

1. Required Permits.
a. Prior to the operation of a massage or an accessory massage establishment, the owner or managing officer/employee must obtain a Massage Establishment Permit in accordance with Milpitas Municipal Code Chapter III-6 ( Massage Establishments and Practitioners), a Minor Conditional Use Permit in accordance with Section D.2.050.C (Use Permits), and a Business License in accordance with Milpitas Municipal Code Chapter III-1 (Business Licenses). b. A Massage Establishment Permit, and any renewal thereof, shall be filed with the Chief of Police, in accordance with Milpitas Municipal Code Chapter III-6 (Massage Establishments and Practitioners) . The Minor Conditional Use Permit shall not be granted until a Massage Establishment Permit is issued by the Chief of Police.

2. Compliance with Codes. Prior to the operation of a massage establishment or accessory massage establishment, the massage establishment must comply with all applicable codes regarding fire, building and safety, health and safety, and other relevant laws.

3. Operational Standards. In addition to the restrictions specifically required in the Massage Establishment Permit issued by the Chief of Police and in accordance with Milpitas Municipal Code Title III, Chapter 6 (Massage Establishments and Practitioners ), all massage establishments must comply with the regulations applicable to the zone in which it is located. Operating hours must comply with the following:
a. Massage establishments may operate between the hours of 7:00 a.m. and 10:00 p.m.;
b. Massage services begun before 10:00 p.m. must terminate at 10:00 p.m.; and c. No customer shall be in any massage establishment between the hours of 10: 00 p.m. and 7:00 a.m.

4. Off-Street Parking Requirement. Two off-street parking spaces per treatment room must be provided. If there are no treatment rooms, then one space for every two massage chairs or two massage tables must be provided. The parking spaces must comply with all development standards set forth in Chapter C.6 (Parking and Loading).

5. Commercial Purposes Only. A massage establishment must be used for commercial purposes only. Use of the massage establishments for residential or lodging purposes is prohibited.

6. Off-Premises Massage Businesses. No off -premises massage business shall conduct massage in a hotel or motel room, vehicle, or in any private residence other than that of the client receiving the massage . No off-premises massage service may be provided in a private residence or business between the hours of 10:00 p.m. and 7:00 a.m.

7. Recreational or Special Events. Persons administering massages to other persons who are participating in a recreational or special event that has been approved in accordance with Section C.10.220 (Temporary Uses and Structures ) and the Chief of Police shall be California Massage Therapy Council certified but will not be required to hold a Massage Establishment Permit provided the following conditions are met:

Part C: Citywide Standards

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-129 a. The massage technician shall be registered with the City of Milpitas Police Department;
b. Massage services are equally available to all participants in the event; c. The massage services are provided during the event in an open area at the site of the event;
d. The sponsors of the event have approved the provision of massage services at the event;
e. Massage services were included in the project description in the application for a Special Event Permit in accordance with Subsection D.2.050.L ( Special Event Permit).

8. Signs. A recognizable and legible sign complying with the requirements of Chapter C.8 (Signs) must be posted at the main entrance of the massage establishment identifying the location as a licensed massage establishment.

Application Procedure.

1. Minor Conditional Use Permit. The owner of a massage or accessory massage establishment must apply for and obtain a Minor Conditional Use Permit before operating massage establishment. The Minor Conditional Use Permit is subject to the provisions of and issued in accordance with the Minor Conditional Use Permit process in Section D.2.050.C (Use Permits).

2. Compliance Review. The Director will conduct a compliance review on an annual basis concurrent with review of the Massage Establishment Permit and renewal of the Business License for each use. Any failure to conduct a review does not waive any noncompliance or the City's right to conduct a review in the future.

3. Change in Ownership. If there is a change of property ownership, change of o wner's agent or representative, or any other change in material facts pertaining to the information contained in the Minor Conditional Use Permit application, the new owner or new owner's authorized agent or representative shall notify the City prior to continuing to operate the massage establishment.

Violation of Regulations. Violation of any provision of this Title may result in the revocation of the City’s approval of the massage or accessory massage establishment in accordance with Chapter D.16 (Enforcement and Penalty).

C.10.170 Mobile Food Vending
Purpose. The purpose of this Section is to allow mobile food vendors to operate in appropriate areas of Milpitas and to protect and maintain public safety, health , and welfare while providing opportunities for small businesses, adding vibrancy and activity to streetscapes and neighborhoods, and expanding food access in areas underserved by brick-and-mortar restaurants.

Part C: Citywide Standards

Page XIII-C.130 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Mobile Food Vending Review Procedures.

1. On Private Property.
a. One mobile food vehicle operating on a parcel, when permitted in Part B (Zone Regulations), may be approved subject to M inor Site Development Permit approval in accordance with Subsection D.2.050.B (Site Development Permits). b. A mobile food park operating for more than seven consecutive days may be approved subject to M inor Conditional Use Permit approval in accordance with Subsection D.2.050.C (Use Permits).
c. Two or more mobile food vehicles operating on a parcel for a period of seven consecutive days or less shall require a Special Event Permit in accordance with Section D.2.050.L (Special Event Permit).

2. In Public Parks and Open Space.
a. One mobile food vehicle operating within a public park or open space may be approved subject to approval of a Minor Site Development Permit in accordance with Subsection D.2.050.B (Site Development Permits).
b. Two or more mobile food vehicles operating together within a public park or open space for a period of seven consecutive days or less shall require a Special Event Permit in accordance with Section D.2.050.L (Special Event Permit). c. Mobile food parks shall not be permitted within public parks and open spaces.

3. In Public Right-Of-Way.
a. Mobile food vending in the public right-of-way is permitted subject to the review and approval of the Department, as follows:
(i) In R1, R2, and R3 zones. Mobile food vending in the public right -of-way may be permitted as part of a one-time or recurring special event for which a Special Event Permit has been issued in accordance with Subsection D.2.050.L (Special Event Permit), or as part of another official event authorized by the City (e.g., National Night Out). (ii) In R4 , commercial, industrial, mixed use, Metro Specific Plan, and institutional zones . M obile food vending in the public right -of-way is permitted upon issuance of all required City and County permits per Subsection C.10.160.G (Other Permits and Licenses Required).

4. Ice Cream Trucks.
a. Ice cream trucks may operate on public rights -of-way in all zones , including residential zones, and in public parks with no City zoning permits required (i.e., permits administered under this Title). Ice cream trucks shall be required to obtain a Business License.
b. An operator of an ice cream truck proposing to vend in a stationary location on private property shall be subject to all requirements, standards, and permitting procedures in this Section that apply to mobile food vehicles.

Part C: Citywide Standards

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-131 Location and Siting Requirements.

1. On Private Property.
a. The operator of a mobile food vehicle operating on a privately owned parcel shall obtain prior written permission from the property owner and shall have an original signed copy of such permission available at all times while the mobile food vehicle is in operation on the property.
b. A mobile food vehicle shall be parked outside any designated fire lane and outside any parking or loading space that is required for the primary use on the property. (i) Mobile food vending operations shall not reduce the available parking on the property below the minimum number of parking spaces required to serve the existing use(s) on the lot.
(ii) For a property that is nonconforming with respect to parking, mobile food vending operations shall not reduce the total existing amount of parking on the lot.
c. Unless otherwise approved in accordance with Subsection C.10.160.F (Exceptions to standards and requirements), a mobile food vehicle shall be parked a minimum of 15 feet from a driveway curb cut while in operation.

2. In Public Right-Of-Way.
a. A mobile food vehicle operating in the public right -of-way shall be parked in a legal parking space and shall comply with all City parking regulations at all times while in operation.
b. A mobile food vehicle may only serve customers from an adjacent sidewalk or the side of the vehicle closest to the curb and shall not serve customers from the side of the vehicle closest to the motorized travel lanes of the street.

3. In Public Parks and Open Spaces.
a. The location and siting of mobile food vending operations within a public park or open space shall be subject to the approval of the Recreation and Community Services Department, through the Minor Site Development Permit or Special Event Permit process as required per Chapter D.4 (Permits and Approvals) b. A mobile food vehicle operating within a public park shall be parked in a legal parking space on a paved surface outside any designated fire lane.

4. Separation from Other Uses.
a. A mobile food vehicle in operation shall be located a minimum of 150 feet from any existing restaurant.
b. A mobile food vehicle in operation shall be located a minimum of 150 feet from a freeway on- or off-ramp.

Site Design Standards.

1. Parking.
a. For one mobile food vehicle operating on private property or in a public park, no parking shall be required to serve the mobile food vending use. The mobile food

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Page XIII-C.132 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft vehicle shall comply with Chapter C.6 (Parking) with respect to parking for other existing uses on a lot.
b. For mobile food parks, parking must comply with Table C.6.050 -A (Required Number of Vehicle Parking Spaces). Such parking shall be provided in addition to any required parking serving other existing uses on the lot.

2. Access and Circulation.
a. All mobile food vending operations shall be located so as not to impede safe movement of vehicular, bicycle or pedestrian traffic, and to maintain a clear line of sight for vehicles, bicycles and pedestrians.
b. No mobile food vehicle shall obstruct access to or circulation through any parking lot, or access to any public sidewalk or alley.

3. Seating Areas.
a. For mobile food vehicles operating in the public right -of-way, on -site seating (including tables, chairs, canopies, umbrellas, or similar amenities) are prohibited. b. For one mobile food vehicle operating on private property, the site plan submitted for Minor Site Development Permit review per Subsection D.4.020 (Site Development Permits ) shall show all proposed temporary amenities and structures for on -site seating and dining. For mobile food parks, the site plan submitted for Minor Conditional Use Permit review per Subsection D.4.030 (Use Permits) shall show all proposed temporary and permanent amenities and structures for on-site seating and dining.
c. Mobile food vending operations requiring a Special Event Permit shall be subject to the requirements and procedures in Section D.4.120 (Special Event Permit) for seating, dining areas and similar amenities.

4. Restrooms.
a. For one mobile food vehicle operating on private property or for mobile food vehicles operating in the public right-of-way:
(i) If the vehicle operates in the same location on an ongoing basis, for at least one day per week and for more than one hour on each day of operation, the operator must have access to a restroom facility within 200 feet in accordance with California Health and Safety Code section 114315. If the vehicle operates in the same location on an ongoing basis, for at least one day per week and for more than three consecutive hours on each day of operation, the operator must arrange and secure access to a restroom wit hin 200 feet of the site that is available to customers and employees of the mobile food vehicle.
(ii) A mobile food vehicle operator to whom S ubsection C.10.170.D.4.a.i, above, applies shall submit to the City, concurrently with the permit application, a signed letter from the owner of the property on which the restroom is located to verify that the mobile food vending operation has access to the restroom for use by employees and customers (if required) during its hours of operation.

Part C: Citywide Standards

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-133 b. For mobile food parks, one single-stall, gender-neutral restroom shall be provided for every five mobile food vehicles operating on the site. In calculating the restroom requirement, fractional numbers shall be rounded down to the nearest whole number.
c. Mobile food vending operations requiring a Special Event Permit shall be subject to the requirements and procedures in Section D.4.120 (Special Event Permit) for restrooms.

Operational Standards and Requirements.

1. Mobility of Operations. Mobile food vehicles shall not connect to temporary or permanent on-site water, gas, electricity, telephone or cable sources.

2. Hours of Operation. Unless otherwise approved in accordance with Section C.10.170.F (Exceptions to Standards and Requirements), hours of operation for mobile food vending shall be between the hours of 7:00 a.m. and 10:00 p.m.

3. Parking and Storage of Mobile Food Vehicles. Outside of hours of active operations mobile food vehicles shall be removed from the operating site, whether on private property or in the public right-of-way. Mobile food vehicles shall not be parked overnight at the location of operation.

4. Noise. Mobile food vending operations shall comply with the provisions of Milpitas Municipal Code Chapter V-213 (Noise Abatement).

5. Signage. A mobile food vehicle may display signage permanently attached to or painted on the vehicle advertising its products and services. A mobile food vehicle may also place one A-frame or upright sign within 10 feet of the vehicle that displays information such as the menu, prices, and specials of the day. Any A-frame or upright sign shall be subject to the provisions of Chapter C.8 (Signs). No other signs or banners that are separate from the mobile food vehicle shall be placed at the operating site or within the public right-of- way.

6. Trash Management and Disposal.
a. For one mobile food vehicle operating on private property or in the public right - of-way, and for mobile food parks:
(i) All mobile food vending operations shall provide separate and clearly marked receptacles for trash, recycling and/or compost (minimum size for each 32 gallons), according to the collection services available, at the operating site. Operators of mobile food vehicles shall properly dispose of all trash, recycling and/or compost generated by their operations daily. (ii) The operator of a mobile food vehicle shall keep the area within a 25-foot radius of the vehicle, including private property, sidewalks, and roadways, clean and free of paper, food waste and other refuse generated by the operation.
b. Mobile food vending operations requiring a Special Event Permit shall be subject to the requirements and procedures in Section D.4.120 (Special Event Permit) for trash management and disposal.

Part C: Citywide Standards

Page XIII-C.134 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft c. Mobile food vending operations, if using disposable food service ware for packaging and serving, shall use products that are recyclable or compostable. Use of polystyrene foam food service ware is prohibited per Milpitas Municipal Code Chapter III-8 (Prohibition of Expanded Polystyrene (EPS) Foam Food Service Ware).

Exceptions to Standards and Requirements. Exceptions or reductions to the location and siting requirements, site design standards, and operational and standards in this Section may be granted at the discretion of the Director and the Fire Marshal based on site-specific conditions and subject to the following findings:

1. The proposed number, configuration, and operation of mobile food vehicles is generally consistent with the overall intent of these regulations;

2. The proposed mobile food vending activity will not be detrimental or injurious to property or improvements in the vicinity nor to the public health, safety, and general welfare.

Other Permits and Licenses Required.

1. All mobile food vehicles operating within Milpitas must obtain a permit for mobile food facilities from the Santa Clara County Department of Environmental Health. The valid County health permit shall be displayed on the vehicle in a location visible to the public at all times.

2. All mobile food vehicles operating within the boundaries of Milpitas shall obtain a current City Business License prior to establishing a vending location on public or private property or setting up operations. The license shall at all times be displayed on the vehicle in a location visible to the public.

3. All mobile food vehicles must have current and valid vehicle registration clearly displayed on their license plates while vending at the operating site or in the public right-of-way.

C.10.180 Mobile Home Parks
Purpose. The purpose of this Section is to establish standards for mobile home parks.

Site Location. A mobile home park must abut a major street.

Community Center. A community recreation center with a floor area of 25 square feet per mobile home unit, but in no case less than a minimum of 3,750 square feet , shall be provided and be centrally located within the mobile home p ark. Administrative offices, laundry facilities, or other nonrecreational uses may be developed in conjunction with the community center but shall be in addition to the minimum community center floor area.

Circulation.

1. The main entrance of a mobile home p ark shall consist of two 10-foot travel lanes for ingress and an additional two lanes for egress, separated by a landscaped median, a minimum of 10 feet in width and 100 feet in length.

2. An illuminated directory map shall be provided at all entrances to the mobile home p ark in such a manner as to be read by the driver of an entering vehicle without leaving the vehicle and consistent with Chapter C.8 (Signs).

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Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-135

3. All private roadways within the mobile home park shall include a minimum 25 feet travel lane width plus a 10-foot parking lane on each side of the roadway.

4. All private roadways shall be structurally designed consistent with Public Works Standards and shall include concrete curbs and gutters.

Parking. Vehicle parking must be provided consistent with Chapter C.6 (Parking and Loading), and at least one parking space must be provided contiguous to each individual mobile home site.

Other Regulations. Mobile home parks must comply with all applicable federal and state regulations.

1. For the state law that governs manufactured home parks (i.e., Mobilehome Parks Act), see California Health and Safety Code section 17910 et seq. and section 65580 et seq.

2. For the state law that regulates m obile home park, see California Code of Regulations, Title 25, Division 1, Chapters 2 and 2.2.

C.10.190 Service Stations and Car Washes
Purpose. The purpose of this Section is to establish reasonable and uniform regulations regarding the location, development, and design of service stations and car washes.

Minimum Standards.

1. Landscaping. At least 10 percent of the site shall be landscaped. All landscaped areas shall be maintained in compliance with Chapter C.4 (Landscaping Standards), and the following standards:
a. A minimum six-foot wide inside dimension and a six-inch high curbed landscaped planter area shall be provided along the front and street property lines, except for vehicular circulation openings. A three -foot wide landscaping buffer shall be provided along all other property lines.
b. A 600-square-foot planter with a minimum dimension of 20 feet shall be provided at the corner of intersecting streets unless a building is located at the corner. c. Additional landscaping may be required where necessary to prevent visual impacts on adjacent properties.

2. Lighting. In addition to the lighting standards required in Section C.2.070 (Lighting and Illumination), all exterior light sources, including canopy, perimeter, and flood, shall be energy-efficient, stationary, and shielded or recessed within the roof canopy to ensure that all light is directed away from adjacent properties and public rights -of-way. Lighting shall not be of a high intensity so as to cause a traffic hazard, be used as an advertising element, or adversely affect adjacent properties.

3. Pump Islands. Pump islands shall be located a minimum of 15 feet from any property line to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to 10 feet within this distance.

4. Car Wash Facilities. No building or structure shall be located within 30 feet of any public street or within 20 feet of any interior lot line of a residential use or residential zone. Car wash openings shall be screened from public streets to a height of 40 inches. Screening devices shall consist of walls and/or berms with supplemental plant materials.

Part C: Citywide Standards

Page XIII-C.136 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft

5. Hours of Operation. Car washing facilities are limited to 7:00 a.m . to 10:00 p.m ., seven days a week unless additional hours are allowed subject to Minor Use Permit approval.

When abutting a residential zone, the hours of operation shall be between 8:00 a.m. to 8:00 p.m., seven days a week.

Application Review and Findings for Approval. In reviewing proposals, emphasis shall be placed on quality design of building materials and landscape features. The Review Authority shall only approve a service station or car wash facility if all required findings in Chapter D.4 (Permits and Approvals) are made in addition to the following findings:

1. The project is designed so that form and scale are harmonious and consistent with the character of the specific site, the adjacent uses and structures, and the surrounding neighborhood;

2. The site design, including the location and number of driveways, will promote safe and efficient on-site and off-site traffic circulation;

3. Service bay openings are designed to minimize the visual intrusion on surrounding streets and properties;

4. Lighting is designed to be low -profile, indirect or diffused, and avoid adverse impacts on surrounding uses; and

5. The washing facility will comply with all applicable water quality standards and protocols.

Abandonment. In the case of abandonment or non-operation of the primary use, a service station must be dismantled and the site cleared and remediated as required by state and federal law within 12 months subsequent to the close of the last business day.

C.10.200 Short-Term Rentals
Purpose. The purpose of this Section is to regulate the establishment and operation of short-term rental units (STRs). As such, the City intends to preserve the residential character of neighborhoods, prevent long-term residential uses from being replaced with STRs, and protect all neighborhoods from potential adverse impacts caused by the operation of STRs.

Applicability. This Section applies to short-term rental units as defined in Chapter E.4 (Definitions of Uses).

1. Permitted Zones. STRs are permitted in dwelling units in the R1, R2, R3, R4, R5, MXD, and MXD3 zones, subject to the requirements of this Section.

2. Nonconforming Dwelling Units. STRs are prohibited within all nonconforming dwelling units, except those that are legal nonconforming with respect to the parking standards of Chapter C.6 (Parking and Loading). If a dwelling is legal and nonconforming only because it does not meet the parking standards of Chapter C.6 (Parking and Loading), an STR may be established when parking for the dwelling unit is provided to meet the applicable requirements of Chapter C.6 (Parking and Loading).

3. Permitted in Primary Dwelling Units Only. STRs are permitted in primary dwelling units only. STRs are not permitted within accessory structures and buildings, ADUs, or recreational vehicles.

Part C: Citywide Standards

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-137 General Requirements.

1. Required Permits. Prior to the operation of a dwelling unit, or a portion thereof, as an STR, the operator must obtain a Short-Term Rental Permit in accordance with this Section and a Business License in accordance with Milpitas Municipal Code Chapter III-1 (Business Licenses). A Short-Term Rental Permit may be terminated or revoked if the standards of this Title are not met.

2. Compliance. Occupants of the STR must comply with all applicable federal, state, and local laws. The operator must ensure compliance with this provision.

3. Rentals per Dwelling Unit. A maximum of one short-term rental is permitted per dwelling unit at any given time.

4. Off-Street Parking Requirement. One off-street parking space must be provided for the STR. Any parking space in excess of the required number of parking spaces for the primary dwelling unit in accordance with Chapter C.6 (Parking and Loading) may be used for the STR. The parking space must comply with all development standards set forth in Chapter C.6 (Parking and Loading).

5. Exterior Alterations. The exterior of the dwelling unit must not be altered such that the structure appears to serve a nonresidential use either by color, materials, construction, lighting, signage, landscaping, or by other similar effects.

6. Hosted Rentals Only. An operator may only conduct a hosted rental, where an owner or operator is living and present in the dwelling unit during the short-term rental period. Un- hosted rentals, where an owner or operator is not living and present in the primary dwelling unit during the short-term rental period, are prohibited in STRs.

7. Maximum Occupancy. The daytime (7:00 a.m. to 9:00 p.m.) and overnight (9:00 p.m . to 7:00 a.m.) occupancy of the STR is limited to a maximum of two persons per bedroom plus one additional person. The o perator shall not allow the STR to be used for any gathering where the number of persons will exceed the permitted maximum occupancy limits.

8. Alternative Contact Person. The owner must identify and designate an alternative contact person who must be available 24 hours per day, seven days per week, to respond to complaints regarding the condition, operation or conduct of occupants of the STR. The alternative contact person may be the owner, local property manager, or agent of the owner, and must respond in-person to complaints within 60 minutes.

9. Trash and Refuse. Trash and refuse must be stored outside of public view, except in proper containers for the purpose of collection by the City's authorized waste hauler on scheduled trash collection days.

10. Signage. Signs that advertise the availability of the short-term rental unit are prohibited.

11. Liability Insurance. Liability insurance is required of the operator, or hosting platform on behalf of the operator, in the amount of no less than $500,000. Proof of liability insurance is not required if hosting activity is only handled by a hosting platform that already extends similar liability coverage.

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Page XIII-C.138 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft

12. Commercial and Assembly Uses Prohibited. STRs are limited to dwelling, lodging, and sleeping purposes only. Use of the STR for any other commercial uses or assembly uses such as weddings, corporate events, or parties, is prohibited.

13. Transient Occupancy Tax (TOT). Either the operator or hosting platform must collect and remit the transient occupancy tax in accordance with Milpitas Municipal Code Chapter III- 13 (Transient Occupancy Tax). The operator must maintain records of TOT paid, even if paid by a hosting platform, for three years.

14. Good Neighbor Manual Required. The operator must sign a manual provided by the City that summarizes general rules of conduct and all rules and regulations applicable to the use of the STR in this Section and the Milpitas Municipal Code. The o perator must post the manual on the inside of the front door and door to the backyard or a in a conspicuous location near each door.

15. Indemnification. To the fullest extent permitted by law, the owner of an STR must defend, indemnify, and hold the City, its officials, officers, and employees free and harmless from any and all claims, demands, causes of action, damage or injury to persons or property arising out of any alleged acts, omissions, or willful conduct of the o wner, its employees, or its agents.

16. Health and Safety. It is the operator's responsibility to assure that the STR is and remains in compliance with all applicable codes regarding fire, building and safety, health and safety, and other relevant laws.

Application Procedure.

1. Short-Term Rental Permit. STRs are subject to a Short-Term Rental Permit, in accordance with this Section. An o wner or o perator must apply for and obtain a Short -Term Rental Permit before operating an STR.

2. The Director makes the determination on the Short -Term Rental Permit application, based on compliance with provisions in this Subsection.

3. The application must contain the following information and documentation:
a. The name, address, and telephone number of the owner of the subject short - term rental unit;
b. If the applicant is not the owner, the applicant must demonstrate written consent of the owner to operate a short-term rental unit on the property; c. The name, address, and telephone number of the owner's authorized agent or representative, if any;
d. The name, address, and 24 -hour telephone number of the Alternative Contact Person;
e. Verification that the Alternative Contact Person can respond in person to the site of the short-term rental unit within 60 minutes of notification of a complaint; f. The address of the proposed STR;
g. The number of bedrooms in the STR;

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Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-139 h. The location and dimensions of the off -street parking space designated for the STR;
i. For STRs located in any area governed by a homeowners ’ association or community association (association) and subject to CC&Rs, the a pplicant must additionally submit a copy of a letter to the association's governing board stating the applicant's intent to operate a short-term rental unit and inviting the association to submit a letter to the City stating one of the following: (1) that short-term rentals are not prohibited at the proposed unit by the CC&Rs; or (2) that a short -term rental is allowed at the proposed unit under the CC&Rs, but only under certain conditions, and a statement of whether or not the conditions here are met; or (3) that the CC&Rs do not allow short -term rentals as defined herein. The association's response is not determinative, but it is a factor that may be considered by the Director;
j. A copy of the Good Neighbor Manual, signed by the o wner, certifying that the owner has read and understands the guidelines for responsible operation; k. The operator must attach a copy of the “Smoke Alarm & Carbon Monoxide Alarm Self Certification” for the property to be used as a s hort-term r ental to the application in order to ensure the space has smoke alarms and carbon monoxide alarms and spark arrestors installed; and
l. Such other information as the Director deems reasonably necessary to administer this Section.

Compliance Review. The Director will review the Short-Term Rental Permit within one year after issuance for compliance with this Section. The Director will conduct a similar compliance review of Short-Term Rental Permits on an annual basis, or as needed, concurrent with renewal of the Business License for each use. Any failure to conduct a review does not waive any noncompliance or the City's right to conduct a review in the future.

Change in Ownership. If there is a change of property ownership, change of o wner's agent or representative, or any other change in material facts pertaining to the information contained in the Short-Term Rental Permit application, the new owner or new owner's authorized agent or representative shall obtain a new Business License a nd notify the City prior to continuing to rent the subject unit as a short-term rental. The Director will conduct a compliance review of the Short- Term Rental Permit for the subject property in conjunction with the application for a Business License by the new property owner.

Violation of Regulations. Violation of any provision of this Title , including the requirement to maintain a current Business License, may result in the revocation of the Short-Term Rental Permit after notice and an opportunity for a hearing has been given to the permittee, in accordance with Section D.18.070 (Modification, Revocation, and Suspension).

Enforcement. Where prompt compliance is not forthcoming, the City may take any appropriate enforcement action to secure compliance. All remedies in the Milpitas Municipal Code are considered cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing these provisions.

Part C: Citywide Standards

Page XIII-C.140 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft C.10.210 Single-Family Dwelling
Purpose. The purpose of this Section is to provide standards for single-family dwellings.

Applicability. Newly constructed s ingle-family dwellings must comply with the standards in this Section. Existing single-family dwellings shall not be required to comply with these standards or deemed nonconforming because the dwelling does not comply with these standards.

Limits on Blank Walls. No wall on any level except for garages may run in a continuous plane of more than 20 feet without a window or a projection, offset, or recess of the building wall at least one foot in depth.

Entrances.

1. Orientation. The primary entrance of any single-family dwelling located along public rights-of-way or pathways must be at least partially visible from the public street or pathway. Exceptions to this requirement may be approved where the site is located on a major street, or topographic conditions, existing trees, or lot configuration prevent this visibility.

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

FIGURE C.10. 210-1 : ENTRANCE PROTECTION

Privacy. New second-story windows that are five feet or less from an interior side property line or 15 feet or less from a rear property line shall incorporate at least one of the following:

1. The proposed second -story window shall be positioned such that the window sill is at least five feet above finished floor; or

2. The proposed second -story window shall utilize frosted or obscured glass in the glazing portion of the window (i.e., glass that is patterned or textured such that objects, shapes, and patterns beyond the glass are not easily distinguishable).

Street-Facing Facade Design. All street-facing buildings facades must be designed at an equivalent design level to the primary facade in the extent of building articulation, level of detail, and quality

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Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-141 of exterior materials, and consistent with the color scheme of the primary facade. Details include but are not limited to door recesses, door trim, cornices, belt courses, columns/piers, posts/beams, brackets, columns/arches, and roof forms.

Building Materials.

1. Exterior timber must be protected from decay by stain and sealant.

2. Exterior ferrous metals must be protected from corrosion either through the use of galvanized, stainless, weathering steel, or powder coating.

3. Plywood, corrugated metal, sheet metal, and unfinished aluminum are prohibited.

C.10.220 Single Room Occupancy Residences
Purpose. The purpose of this Section is to provide standards for single room occupancy (SRO) residences.

Applicability. The standards for SRO residences in this Section apply to all SRO residences as allowed by Part XIII-B (Zone Regulations).

Location. SRO residences must be w ithin one-half mile of a fixed rail or bus stop with 30-minute minimum headways during peak hours.

Minimum Unit Standards. Each SRO unit must:

1. Be a minimum of 150 square feet;

2. Not exceed 400 square feet; and

3. Contain a closet within the unit.

Minimum Facility Standards. An SRO facility shall meet the following standards:

1. Full Bath. If an individual full bath is not provided in each unit, common bath facilities shall be provided in accordance with the California Building Code for congregate residence with at least one full bathroom per floor.

2. Full Kitchen. An SRO unit is not required to but may contain partial or full kitchen facilities.

A full kitchen includes a sink, a refrigerator and stove, range top or oven. A partial kitchen is missing at least one of these appliances. If a full kitchen is not provided , common kitchen facilities shall be provided with at least one full kitchen per floor.

3. Laundry. Laundry facilities shall be provided in a separate room at the ratio of one washer, dryer, and laundry tub with hot and cold running water for every 20 units, with at least one washer, dryer, and laundry tub per floor.

4. Open Space. A minimum of 200 square feet of interior usable common space must be provided, excluding janitorial storage, laundry facilities and hallways.

5. Management Plan. A management plan shall be submitted to the Department for review and approval prior to issuance of a Certificate of Occupancy . Management plans shall be resubmitted to the Department on an annual basis for review and approval. A facility with 10 or more units shall provide on-site management.

Part C: Citywide Standards

Page XIII-C.142 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft C.10.230 Temporary Uses and Structures
Purpose. This Section establishes standards for uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur.

Applicability. This Section applies to the temporary uses and structures on private property and certain public rights-of-way described in this Section. All other temporary uses shall be prohibited on private property.

General Standards.

1. Business License Required. Where applicable, a separate Business License is required for each vendor.

2. Removal of Temporary Use. Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the temporary use.

3. Security. A performance security (including a bond or financial deposit) in a form and amount acceptable to the Director may be required before initiation of the temporary use to ensure the following:
a. Cleanup after the use has ceased; and
b. To guarantee removal of all temporary structures within 30 days following the expiration of the Temporary Use Permit or completion of the use or activity, whichever occurs first.

Temporary Uses Not Requiring a Temporary Use Permit. The following types of temporary uses may be conducted without a Temporary Use Permit. Other permits, such as building permits, may be required.

1. Yard/Garage Sales. Sales of personal property conducted by a resident of the premises with a maximum term of three consecutive calendar days and occurring no more than two times a year.

2. Nonprofit Fundraising. Fundraising activities by tax exempt organizations pursuant to 501(C) of the Federal Revenue and Taxation Code are allowed in nonresidential zones with no limitation on the number of occasions and duration where there is no disruption to the normal circul ation of the site; encroachment upon driveways, pedestrian walkways, or required parking or landscaped areas; obstruction to sight distances; or other created hazard for vehicle or pedestrian traffic.

3. Seasonal Sales. The annual sales of holiday related items such as Christmas trees, pumpkins, and similar items may be permitted in accordance with the following standards. This Subsection is only applicable to temporary seasonal sales that are not in conjunction with an existing business and are not applicable to farmers ’ markets or the sale of fireworks.
a. Location. Seasonal sales are limited to commercial, mixed use, and institutional zones and to properties in other zones that have primary educational institution or community assembly uses.

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Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-143 b. Number of events. The subject lot shall not be used for seasonal sales more than three times within the calendar year.
c. Time period. Temporary seasonal sales shall be limited to 45 days of operation per calendar year.
d. Merchandise. Temporary seasonal sales shall not engage in the sale of any merchandise not directly associated with the holidays with which the seasonal sales are associated.
e. Elimination of Parking. Areas used for temporary seasonal sales shall not eliminate the required parking for the primary use on the site, if there is one, or for any other site.
f. Removal. Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used, in compliance with the provisions of this Title.

4. Commercial Special Events and Sales. Commercial special events and sales including, but not limited to, grand opening events and other special sales events, are allowed in accordance with the following standards:
a. Location. Events are limited to nonresidential zones and shall be located on the site of, and associated with, a permanent commercial use. b. Number of events. No more than six events at one site shall be allowed within any 12-month period.
c. Duration. The maximum duration of a single event is five consecutive calendar days, with a minimum of 14 calendar days between each event. d. Display. Location of the event or displayed merchandise shall not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required parking or landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

5. Temporary Construction Office Trailers. On-site temporary construction offices during the period of construction may be allowed in accordance with the following standards:
a. Location. Trailers shall not obstruct driveways or traffic access aisles. b. Parking impacts. The applicant shall demonstrate that parking will not be negatively impacted.
c. Colors and materials. The colors and materials shall complement the main building, if one exists.
d. Screening. The Director may require screening in addition to other applicable screening requirements in this Title.
e. Noise. Any exterior noise-generating equipment associated with trailers shall not be within 300 feet of a residential zone or use.
f. Removal. Trailers shall be removed upon cessation of permitted construction activity.

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Page XIII-C.144 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft g. Exceptions. Any deviation from any standards above shall only be allowed through the approval of a Minor Site Development Permit.

Temporary Uses Requiring a Temporary Use Permit. The following types of temporary uses must obtain a Temporary Use Permit and are subject to the following standards:

1. Model Homes and Complexes. Model home complexes and sales offices may be allowed solely for the first sale of homes within a recorded tract or condominium subdivision, subject to the following standards:
a. Applicability. The model homes shall meet all applicable zoning and development standards for the lots as shown on the tentative map.
b. Time Limits.
(i) Temporary sales office . A temporary information/sales office shall be removed within one month of closing the sale of the final unit of the development.
(ii) Model homes. Model homes may be established and operated for a period of three years or until completion of the sale of the lots or units, whichever comes first. One-year extensions may be approved by the Director until the sale of all lots/residences is completed. c. Location of Sales. The model home complex and office must be located on the same or adjacent premises as the subdivision or building project. Real estate sales conducted from a temporary sales office are limited to sales of lots or units within the development.
d. General Plan. Model home sales personnel shall prominently post a copy of the General Plan and Land Use Map and to refer each purchaser of a home to the General Plan and to the Department to answer any questions regarding interpretation of the General Plan.
e. Site Plan Required. All applicants shall submit a site plan indicating the lots on which the models are to be constructed. The location and details of the sales office shall be identified on the plans. The site plan shall also provide the location of all proposed off-street parking, fencing and all other on and off -site improvements associated with the models.
f. Parking. No less than two off-street parking space shall be provided for each model. Parking spaces shall be located within 600 feet of the model complex and comply with standards in Chapter C.6 (Parking and Loading). Accessible parking spaces shall be provided and comply with ADA standards. g. Landscaping. Model home complexes shall be landscaped in the same manner as is required for the final lots.
h. Return Office Use to Residential Use. Sales offices, signs, and temporary improvements associated with the model complex shall be removed prior to occupancy of the last dwelling unit constructed in the subdivision. Offices located in an approved garage space shall be converted back into garage area.

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Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-145 i. Signs. Signs for model homes shall comply with Chapter C.8 (Signs). The location of all proposed street numbering, fire routes, ground and wall signage shall be clearly identified on the site plan.

2. Temporary Structures.
a. Temporary structures, including but not limited to industrial shipping containers, in a nonresidential zone may be allowed for less than one year, subject to the following standards:
(i) The temporary structure shall not be visible from adjacent streets or rights-of-way;
(ii) The temporary structure must serve an allowed use on the site; and (iii) The temporary structure shall not obstruct any required parking spaces, and the required dimensions for drive aisles must be provided. b. Temporary self-storage portable containers in a residential zone may be allowed, subject to the following standards:
(i) Allowed only when associated with home improvements and moving; (ii) Must be located on the site of the home improvement or residence being moved into or out of;
(iii) Must be located on private property (i.e., outside of the public right -of- way);
(iv) Must be placed on level finished grade;
(v) Must maintain a minimum five-foot separation from any structure; (vi) Must not obstruct any required parking spaces;
(vii) The required dimensions for drive aisles must be maintained; (viii) Allowed for a maximum of 180 days per year;
(ix) Nothing may be stacked on top of a single container; (x) May not be habitable or used as a residence;
(xi) May not have any plumbing connections;
(xii) Must include a warning device (e.g., a horn) placed inside each container to address safety;
(xiii) Must comply with Fire and Building Code requirements (e.g., flammable or hazardous materials); and
(xiv) May not have any signage.

3. Community Services Operated by a Nonprofit. Community services and temporary operations by tax exempt organizations pursuant to 501(C) of the Federal Revenue and Taxation Code may be allowed subject to Temporary Use Permit approval . Nonprofit fundraising is exempt from a Temporary Use Permit consistent with Subsection C.10.230.D.2 (Nonprofit Fundraising).

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Page XIII-C.146 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Special Events Requiring a Special Events Permit. Short-term special events that are not considered regulated under Subsection C.10.230.D.4 (Commercial Special Events and Sales ) may be permitted pursuant to the Special Event Permit standards and procedures in Subsection D.4.120.

Temporary Uses Requiring a Minor Conditional Use Permit. Other temporary uses that do not meet the standards for temporary uses not requiring a permit or requiring a Temporary Use Permit may be allowed in nonresidential zones with the approval of a Minor Conditional Use Permit provided they are temporary in nature, and will not unreasonably impair circulation or the operation of other uses in the area, or otherwise create significant impacts.

C.10.240 Wireless Telecommunication Facilities
Purpose. The purpose of this Section is to provide uniform and comprehensive standards for the approval, placement, and design of telecommunication facilities. These regulations are intended to protect and promote public health, safety, and community welfare while at the same time not unduly restricting needed telecommunication facilities. They have also been developed to further the policies of the General Plan. It is intended that these regulations specifically accomplish the following:

1. Ensure that new telecommunication facilities are installed in a manner t hat minimizes their visual impact on the community;

2. Protect the environmental resources of Milpitas;

3. Create telecommunication facilities that will serve as an important and effective part of the City’s emergency response network; and

4. Simplify and shorten the process for obtaining necessary permits for telecommunication facilities while protecting the legitimate interests of Milpitas residents.

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

Applicability and Exemptions. The requirements of this Section apply to all telecommunication facilities on private property and public property not including the public right -of-way that transmit and/or receive electromagnetic signals, including, but not limited to , personal communications services (cellular and paging) and radio and television broadcast facilities. The requirements apply to telecommunication facilities that are the primary use of a property and those that are accessory facilities, except that the following accessory facilities are exempt:

1. Licensed amateur (ham) radio and citizen band operations;

2. Handheld, mobile, marine, and portable radio transmitters and/or receivers;

3. Public safety communications radio;

4. Radio and television mobile broadcast facilities;

5. Antennas and equipment cabinets or rooms completely located inside of permitted structures;

6. A temporary telecommunication facility mounted on a trailer or a portable foundation, with approval of the City Manager for an emergency for a period of up to one year;

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Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-147

7. A single ground - or building-mounted dish antenna not exceeding the maximum height permitted by this Section, including any mast, subject to the following restrictions:
a. Satellite dish 39.37 inches (one meter) or less. A satellite dish antenna 39.37 inches (one meter) or less in diameter and:
(i) Intended for the sole use of a person occupying the same parcel to receive direct broadcast satellite service, including direct -to-home satellite service, or to receive or transmit fixed wireless signals via satellite; or
(ii) A hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services , is permitted anywhere on a lot provided it does not exceed the height of the ridgeline of the primary structure on the same parcel.
b. Non-satellite dish 39.37 inches (one meter) or less. A dish antenna 39.37 inches (one meter) or less in diameter or diagonal measurement and:
(i) Intended for the sole use of a person occupying the same parcel to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite; or (ii) A hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services , is permitted anywhere on a lot;

8. An antenna that is less than 25 feet in height and that is mounted on any existing building or other structure. The antenna shall be for the sole use of a person occupying the same parcel on which the antenna is located to receive television broadcast signals;

9. Any antenna or wireless telecommunications facility that is exempt from local regulation pursuant to the rules and regulations of the Federal Communications Commission (FCC) or a permit issued by the California Public Utilities Commission (CPUC). The owner or operator of such facilit y shall provide the Director with a copy of a current FCC or CPUC permit or a copy of applicable FCC regulations prior to its installation; and

10. Minor Deviations to existing wireless facilities as determined by the Director that replace existing equipment in- kind or with smaller or less visible equipment, that meet the standards set forth in this Section , and will have little or no change in the visual appearance of the facility.

Permits Required.

1. Colocation Facilities. Colocation facilities (California Government Code section 65850.6) are allowed by right when proposed on a wireless telecommunications colocation facility that was subject to a discretionary permit issued and a n Environmental Impact Report was certified, or a Negative Declaration or Mitigated Negative Declaration was adopted for the wireless telecommunication colocation facility in compliance with CEQA and the colocation facility incorporates required mitigation measures specified in that Environmental Impact Report, Negative Declaration, or Mitigated Negative Declaration.

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Page XIII-C.148 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft

2. Eligible Facilities Request (EFR). For Eligible Facilities Requests, colocation of new transmission equipment, removal of transmission equipment, or the replacement of transmission equipment is allowed by right provided the modification of an existing tower or base station does not substantially change the physical dimensions of the tower or base station.

3. Telecommunication Facility, Major. Non-exempt major telecommunication facilities (see Chapter E.2 (Definitions of Terms)) are permitted subject to Conditional Use Permit.

4. Telecommunication Facility, Minor. Non-exempt minor telecommunication facilities (see Chapter E.2 (Definitions of Terms) ) are permitted subject to a Minor Site Development Permit.

Application Requirements and Review Process. The following are the minimum criteria applicable to all telecommunication facilities. In the event that a project is subject to discretionary and/or environmental review, mitigation measures, more restrictive criteria than presented in this Section, other conditions of approval may also be necessary. All telecommunication facilities shall comply with:

1. Application Requirements.
a. Filing. An application for approval of a telecommunication facility shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Section.
b. Responsibility. It is the responsibility of the applicant to provide the necessary information in support of findings required for the approval of the telecommunication facility, including the findings required by this Section and Chapter D.2 (Procedures).

2. Expert Review. The Director is explicitly authorized to hire on behalf of the City an independent technical expert to review any technical materials submitted including, but not limited to, those required under this Section and in those cases where a technical demonstration of feasibility or unavailability of alternatives is required. The applicant shall pay all the costs of the review, including any administrative costs incurred by the City. Any proprietary information disclosed to the City or the expert hired shall remain confidential and shall not be disclosed to any third party.

3. Public Notice. In addition to the public notice required in Section D.2.040.F (Public Hearing Notice) the following special noticing requirements apply:
a. Notice of a public hearing on a Conditional Use Permit application as required in this Section shall be provided to the operators of all telecommunication facilities within one mile of the subject parcel by mailing the standard legal notice by first class mail.
b. Notice of any application for a major telecommunication facility shall be mailed to all adjacent property owners within 500 feet. The notice shall include the date by which public comments regarding the application shall be submitted for consideration and the date of the scheduled public hearing or date that the Director shall make a determination on the application.

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Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-149

4. Required Findings.
a. General Findings. In approving a ny telecommunication facility except for a colocation facility request or an eligible facilities request, the Review Authority shall make the following findings:
(i) The proposed use conforms with the specific purposes of this Section and any special standards applicable to the proposed facility; (ii) The applicant has made good faith and reasonable efforts to locate the proposed facility on a support structure other than a new ground - mounted antenna or to accomplish colocation;
(iii) The proposed site results in fewer or less severe environmental impacts than any feasible alternative site; and
(iv) The proposed facility uses a stealth design.
b. Additional Findings for a Major Facility. To approve a major telecommunication facility, the Review Authority shall find that a minor telecommunication facility is not feasible because of technical, aesthetic, or legal considerations including that the siting:
(i) Would have more significant adverse effects on views or other environmental considerations;
(ii) Is not permitted by the property owner;
(iii) Would impair the quality of service to the existing facility; or (iv) Would require existing facilities at the same location to go off -line for a significant period of time.
c. Findings for Colocation Facilities Requests. The proposed colocation facility meets the requirements of Section C.10.240.D.1 (Colocation Facilities). d. Findings for Eligible Facilities Requests.
(i) The proposed colocation or modification meets all of the applicable criteria for an eligible facilities request stated in 47 C.F.R. section

1.6100(b)(3)-(9), or any successor provisions, after application of the definitions in 47 C.F.R. section 1.6100(b). The Review Authority shall make an express finding for each criterion;
(ii) The proposed facility complies with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, except to the extent preempted by 47 C.F.R. section 1.6100(b)(7)(i) through (iv), or any successor provisions; and
(iii) That the proposed facility will comply with all generally applicable laws. e. Additional Findings for Setback Reductions. Except for a colocation facility request or an eligible facilities request , t o approve a reduction in setback, the Review Authority shall make one or more of the following findings:

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Page XIII-C.150 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft (i) The facility will be colocated onto or clustered with an existing, legally established telecommunication facility; and/or
(ii) The reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible. f. Additional Findings for Any Other Exception to Standards. The Planning Commission may waive or modify requirements of this Section upon finding that strict compliance would result in noncompliance with applicable federal or state law. Requirements may be waived or modified only to the minimum extent required to avoid the noncompliance. An applicant seeking an exception must provide all supporting evidence for the exception request at the time of application submittal.

5. Conditional Use Permit Conditions of Approval. In addition to compliance with the requirements of this Section, all facilities shall be subject to all of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the Review Authority:
a. Facilities shall not deny access to, or otherwise interfere with, any public utility, easement, or right -of-way located on the site. The C ity shall be allowed reasonable access to, and maintenance of, all utilities and existing public improvements within or adjacent to the site, including, but not limited to, pavement, trees, public utilities, lighting, and public signage. b. At all times, all required notices and signs shall be posted on the site as required by the FCC and CPUC, and as approved by the C ity. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans.
c. At all times, the permittee shall ensure that the facility complies with the most current regulatory and operational standards, including, but not limited to, radio frequency emissions standards adopted by the FCC.
d. The permittee and owner of any site on which a telecommunication facility is located shall cooperate and exercise good faith in colocating telecommunication facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of colocation and may include negotiations for erection of a replacement support structure to accommodate colocation. A competitive conflict to colocation or financial burden caused by sharing information normally will not be considered as an excuse to the duty of good faith.
(i) No colocation may be required where it can be shown that the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing telecommunication facilities or failure of the existing facilities to meet federal standards for emissions. (ii) Failure to comply with colocation requirements when feasible or cooperate in good faith as provided for in this Section is grounds for denial of a permit request or revocation of an existing permit.

Part C: Citywide Standards

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-151 e. Within one month after construction of the wireless telecommunications facility, the permittee shall verify compliance with FCC radio frequency emissions standards. The verification shall be submitted to the Director. If at any time while the permit is in effect the Director determines there is good cause to believe that the facility may emit RF emissions that are likely to exceed FCC standards, the Director may require the permittee to submit a report described by this Section .

Failure to comply with this Section shall be grounds for revocation of the Conditional Use Permit.
f. Within 60 days after the applicant commences full, unattended operations of the permitted facility, the applicant shall provide the Director with documentation that the permitted facility has been installed and/or constructed in compliance with the approved construction drawings and photo simulations and a technically sufficient written report by a qualified radio frequency emissions engineer certifying that the facility is in compliance with the radio frequency emissions guidelines or standards of the FCC.

6. Conditions of Approval for Colocation Facilities Requests. In addition to compliance with the requirements of this Section, all facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the Review Authority:
a. Permit subject to conditions of underlying permit. Any permit granted in response to an application qualifying as a colocation facility request shall be subject to the terms and conditions of the underlying permit.
b. No permit term extension. The City’s grant or grant by operation of law of a permit for a colocation facility will not extend the permit term for the permit for the underlying wireless telecommunication colocation facility or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject wireless telecommunication colocation facility.

7. Eligible Facilities Requests Conditions of Approval. In addition to compliance with the requirements of this Section, all facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the Review Authority:
a. Permit subject to conditions of underlying permit. Any permit granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the underlying permit.
b. No permit term extension. The City’s grant or grant by operation of law of an eligible facilities request permit constitutes a federally mandated modification to the underlying permit or approval for the subject tower or base station.

Notwithstanding any permit duration established in another permit condition, the City’s grant or grant by operation of law of an eligible facilities request permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.

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Page XIII-C.152 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft

8. Life of Approvals.
a. A Conditional Use Permit issued in accordance with to this Section authorizing establishment of a telecommunication facility must be renewed every 10 years through the approval process specified in Section D.4.030 (Use Permits). The grounds for non -renewal shall be limited to a showing that one or more of the situations listed below exist:
(i) The use involved is no longer allowed in the applicable zone; (ii) The facility fails to comply with the relevant requirements of this Section as they exist at the time of renewal and the permittee has failed to supply assurances acceptable to the Director that the facility will be brought into compliance within 120 days; and
(iii) The permittee has failed to comply with the conditions of approval imposed.
b. The grounds for appeal of issuance of a renewal shall be limited to a showing that one or more of the situations listed above does in fact exist or that the notice required under Subsection C.10.240.E.4 (Required Findings) was not provided.

9. Standard Agreement Required.
a. The property owner(s) and the permittee shall enter into a performance and maintenance agreement with the City. The terms of the agreement shall:
(i) Ensure compliance with this Section and all applicable conditions of approval;
(ii) Require the facility to be appropriately maintained; (iii) Ensure new landscaping is installed and existing landscaping is maintained, preserved, and protected, as indicated on the approved plans; and
(iv) Require the property owners to defend, indemnify, and hold harmless the City.
b. The agreement shall be signed and notarized and submitted to the Department when located on private property. The agreement shall run with the property to ensure that future property owner(s) are aware of the requirement for ongoing maintenance of the existing and approved landscaping.

Design and Location Standards. Telecommunication facilities shall be located, developed, and operated in compliance with all of the following standards and with applicable standards of the zone in which they are located.

1. Location and Siting.
a. No new freestanding facility, including a tower, shall be located within 1,000 feet of another freestanding facility, unless mounting on an existing building or existing pole or tower is not feasible.

Part C: Citywide Standards

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-153 b. All wireless telecommunication facilities shall meet the building setback standards of the zone in which they are to be located unless findings for a setback reduction are made in accordance with Subsection C.10.240.F.1.a, above. c. Major and minor telecommunication facilities are not permitted on properties within the “H” Hillside Combining District.

2. Support Structures. Support structures for telecommunication facilities may be any of the following subject to owner approval:
a. An existing nonresidential building.
b. An existing structure other than a building, including, but not limited to, light poles, electric utility poles, water towers, smokestacks, billboards, lattice towers, and flag poles. This term includes an electric utility pole erected to replace an existing electric utility pole, if the replacement pole will serve both electric and wireless telecommunications functions, and if the replacement pole is substantially equivalent to the predecessor pole in placement, height, diameter , and profile.
c. An alternative tower structure such as a clock tower, steeple, functioning security light pole, functioning recreational light pole, or any similar alternative -design support structure that conceals or camouflages the telecommunication facility to achieve a stealth design. The term "functioning" as used in this subsection means the light pole serves a useful and appropriate lighting function as well as a wireless telecommunications function.
d. An existing publicly owned and operated tower exceeding the maximum height limit.
e. A single pole (monopole) sunk into the ground and/or attached to a foundation.

Any new monopole shall be constructed to allow for colocation of at least one other similar communications provider.

3. Height Limitations.
a. Freestanding wireless telecommunications facility . A freestanding wireless telecommunications facility shall not exceed a height of 15 feet above the height limit of the zone in which it is located.
b. Building-mounted facilities. Building-mounted telecommunication facilities shall not exceed a height of 15 feet above the height limit of the district or 15 feet above the existing height of a legally established building, whichever is lower, measured from the top of the facility to the highest point of attachment to the building.
c. Facilities mounted on structures . Telecommunication facilities mounted on an existing structure shall not exceed the height of the existing structure unless camouflaged as part of the structure design, except that antennas may extend up to 15 feet above the height of an electric utility pole. d. Facilities mounted on light poles . A functioning security light pole or functioning recreational light pole shall have a height consistent with existing poles in the surrounding area or height usually allowed for the light poles.

Part C: Citywide Standards

Page XIII-C.154 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft e. Height determination.
(i) The height of a telecommunication tower shall be measured from the natural undisturbed ground surface below the center of the base of the tower to the top of the tower itself or, if higher, to the tip of the highest antenna or piece of equipment attached to the tower.
(ii) In the case of building-mounted towers, the height of the tower includes the height of the portion of the building on which it is mounted and to the tip of the highest antenna or piece of equipment attached to the tower. In the case of “crank-up” or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it can be raised including any antenna or other equipment attached to the tower.

4. Design and Screening. All telecommunication facility structures and equipment shall be located, designed, and screened to blend with the existing natural or built surroundings, as well as any existing support structures, to reduce visual impacts. a. Minimum functional height . All free -standing wireless telecommunications facilities shall be designed to be the minimum functional height and width required to support the proposed antenna installation, unless it can be demonstrated that a higher facility will facilitate colocation. b. Guy wires. Guy wires shall only be used as a means of support for telecommunication facilities 20 feet or less in height. c. Stealth design. State of the art stealth design technology shall be utilized as appropriate to the site and type of facility. Telecommunication facilities that are mounted on buildings or structures shall be designed to match existing architectural features, incorporated in building design elements, camouflaged, or otherwise screened to achieve a stealth design in a manner that is compatible with the architectural design of the building or structure. All finishes shall be non- reflective.
d. Equipment cabinets. Equipment cabinets shall be located within the building upon which antennas are placed, if technically feasible. Otherwise, equipment cabinets and buildings, and associated equipment such as air conditioning units and emergency generators, shall be screened from view by a wall or landscaping, as approved by the City. Any wall shall be architecturally compatible with the building or immediate surrounding area.
e. Vegetation protection and facility screening. All telecommunication facilities shall be installed in such a manner so as to maintain and enhance existing native vegetation and to install suitable landscaping to screen the facility where necessary. To this end the following measures shall be implemented:
(i) Existing trees and other vegetation in the vicinity of the facility and along the access roads and power/telecommunication line routes involved shall be protected from damage, both during the construction period and thereafter.

Part C: Citywide Standards

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-155 (ii) Where mature trees exist near the construction site, a tree protection plan shall be submitted with the Building Permit or improvement plan submittal. This plan shall be prepared by a certified arborist and include specific measures to protect trees during project construction. (iii) No actions shall be taken subsequent to project completion to disturb, damage, or remove the existing vegetation present that would increase the visibility of the facility itself or the access road and power/telecommunication lines serving it.
f. Lighting. Artificial lighting of a telecommunication facility, including its components, is prohibited, unless required by the Federal Aviation Administration. A motion- sensor light may be used for security purposes if the beam is directed downwards, shielded from adjacent properties, and kept off except when personnel are present at night.
g. Advertising. No advertising shall be placed on telecommunication facilities, equipment cabinets, or associated structures.
h. Colocation of additional wireless facilities on an approved major telecommunications facility.
(i) All facilities shall make available unused space for colocation of other telecommunication facilities, including space for these entities providing similar, competing services. Colocation is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a significant period of time. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the Director may require the applicant to obtain a third-party technical study at applicant's expense. The Director may review any information submitted by applicant and permittee(s) in determining whether good faith has been exercised.
(ii) All colocated and multiple -user telecommunication facilities shall be designed to promote facility and site sharing. Telecommunication towers and necessary appurtenances, including but not limited to, parking areas, access roads, utilities, and equipment buildings, shal l be shared by site users whenever possible.

5. Security Features. All facilities shall be designed to minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances. a. Fencing. Security fencing, if any, shall not exceed the fence height limit of the base zone. Fencing shall be effectively screened from view through the use of landscaping. No chain link fences shall be visible from public view. b. Maintenance. The permittee shall be responsible for maintaining the site and facilities free from graffiti.

6. Roads and Parking. All telecommunication facilities shall be served by the minimum roads and parking areas necessary. To this end, existing roads shall be used for access

Part C: Citywide Standards

Page XIII-C.156 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft whenever possible, and be upgraded the minimum amount necessary to meet standards specified by the Fire Chief and City Engineer.

7. Radio Frequency Emissions Standards, Interference, and Noise. a. Radio frequency. Telecommunication facilities shall comply with federal standards for radio frequency emissions and interference. Failure to meet federal standards may result in termination or modification of the permit. b. Interference. Telecommunications facilities shall not interfere with public safety radio communications.
c. Noise. Telecommunication facilities and any related equipment, including backup generators and air conditioning units, shall not generate continuous noise in excess of 40 decibels (dBa) measured at the property line of any adjacent residential property, and shall not generate continuous noise in excess of 50 dBa during the hours of 7:00 a.m. to 10:00 p.m. and 40 dBa during the hours of 10:00 p.m. to 7:00 a.m. measured at the property line of any nonresidential adjacent property. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:00 a.m. and 5:00 p.m.

8. Fire Prevention . All telecommunication facilities shall be designed and operated in a manner that will minimize the risk of igniting a fire or intensifying one that otherwise occurs.
a. At least one-hour fire resistant interior surfaces shall be used in the construction of all buildings.
b. The exterior walls and roof covering of all above-ground equipment shelters and cabinets shall be constructed of materials rated as non-flammable in the Building Code.
c. Monitored automatic fire extinguishing systems shall be installed in all equipment buildings and enclosures.
d. Openings in all above-ground equipment shelters and cabinets shall be protected against penetration by fire and wind-blown embers to the extent feasible.

Vacation and Removal of Facilities. The service provider shall notify the Director of the intent to vacate a site at least 30 days prior to the vacation. The operator of a telecommunications facility shall remove all unused or abandoned equipment, antennas, poles, or towers within 60 days of discontinuation of the use and the site shall be restored to its original, pre-construction condition.

Part C: Citywide Standards

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-157 Density Bonus for Affordable Housing
Developments
Sections:

C.12.010 Purpose
C.12.020 Definitions
C.12.030 Implementation
C.12.040 Types of Incentives Allowed
C.12.050 Requirements for Density Bonus Projects
C.12.060 Development Standards
C.12.070 Processing of Density Bonus Requests
C.12.080 Density Bonus Agreement
C.12.090 Changes in State Density Bonus Laws
C.12.010 Purpose
The purpose of this Chapter is to provide incentives for the production of housing for very low income, lower income, moderate income, and senior households in accordance with California Government Code section 65915-65918. In enacting this Chapter, it is the intent of the City to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the Housing Element of the General Plan.

C.12.020 Definitions
All terms used in this Chapter shall have the meanings established by this Title or as superseded by state density bonus law.

C.12.030 Implementation
The City shall grant a density bonus or development bonus and/or incentives or concessions, waivers or reductions of development standards, and/or parking ratios as described in state density bonus law to a qualifying project in compliance with state density bonus law. The provisions of this Chapter shall be administered by the Department consistent with Part XIII-D (Administration and Procedures).

C.12.040 Types of Incentives Allowed
Types of Incentives. If requested by the applicant, a qualifying project shall be entitled to at least one of the following incentives, unless the City makes the findings required by California Government Code section 65915(d)(1):

1. Reduction or Modifications of Development Standards. A reduction in site development standards or a modification of the requirements of this Title, which exceed the minimum

Part C: Citywide Standards

Page XIII-C.158 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft building standards provided in California Health and Safety Code section 18901-18949.31.

These may include, but are not limited to, one or more of the following:
a. Reduced minimum lot sizes and/or dimensions.
b. Reduced minimum lot setbacks.
c. Reduced minimum common and/or private open space.
d. Increased maximum building height.
e. Reduced on-site parking standards.
f. Other site or construction conditions applicable to a residential development.

2. Mixed Use Zoning. Mixed use zoning to allow the project to include nonresidential uses and/or allow residential uses within a nonresidential zone. Approval of mixed use activities in conjunction with a housing development is allowed if other land uses will reduce the cost of the housing development and is consistent with the General Plan.

3. Other Cost-Reducing Regulatory Incentive. Another regulatory incentive or concession proposed by the applicant and agreed to by the City, that results in identifiable, financially sufficient, and actual cost reductions. Permissible incentives include direct financial aid (e.g., redevelopment set-aside) in the form of a loan or a grant to subsidize or provide low interest financing for on or off-site improvements, land, or construction costs.

4. Additional Density Bonus. A density bonus of more than that allowed under state density bonus law.

5. Waived, Reduced, or Deferred Fees. Waived, reduced, or deferred fees, including City fees for plan check, construction permit, and/or development impact fees.

Eligibility for Incentives. A project shall be eligible for one or more incentives only if it complies with all requirements in Milpitas Municipal Code Chapter XII -1 (Affordable Housing Ordinance) , as applicable, and with no exceptions under Milpitas Municipal Code Section XII-1-4 (Exceptions to On-Site Development of 15 Percent Affordable Units).

Additional Incentives. The approval of an additional incentive or incentives above that allowed by state density bonus law shall be determined on a case-by-case basis by the Review Authority.

C.12.050 Requirements for Density Bonus Projects
Density Bonus Agreement. The entry into and execution of the density bonus agreement shall be a condition of any application for a housing development proposed in compliance with this Chapter. The agreement shall be recorded at the applicant's cost as a restriction running with the land on the parcel or parcels on which the target units will be constructed.

Time Period of Affordability. Target units shall remain restricted and affordable to the designated group for a period of 55 years (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program), or otherwise as provided by law.

Moderate Income For-Sale Units. An applicant shall agree that the initial occupants of moderate- income units in a condominium project or a planned unit development are persons and families of moderate income, as defined in Health and Safety Code section 50093. Upon resale, the seller

Part C: Citywide Standards

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-159 of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The City shall recapture its proportionate share of appreciation, which shall then be used within three years for any of the pur poses described in Health and Safety Code section 33334.2(e), that promote homeownership. For purposes of this Subsection, the City's proportionate share of appreciation shall be equal to the percentage by which the initial sale price to the moderate-income household was less than the fair market value of the home at the time of initial sale.

Certificate of Compliance. The owner shall submit annually, and within 30 days of occupancy of a target rental unit, a Certificate of Compliance, which shall include the name, address, and income of each tenant occupying the target unit.

Income Statements and Tax Returns. The owner shall maintain and keep on file annual sworn and notarized income statements and current tax returns for all tenants occupying the target rental units.

Provide Additional Information. The owner shall provide to the City any additional information required by the City to ensure the long-term affordability of the target units by eligible households.

Right to Inspection. The City shall have the right to inspect the owner's project-related records at any reasonable time and shall be entitled to audit the owner's records once a year.

Owner Occupation. All for-sale target units shall be occupied by their purchasers; no renting or subleasing shall be permitted.

C.12.060 Development Standards
Concurrent Construction. Target units shall be constructed concurrently with non-restricted units unless both the City and the applicant agree within the density bonus agreement to an alternative schedule for development.

Distribution of Units. Target units shall be built on-site and be dispersed throughout the project.

Where feasible, the number of bedrooms of the target units shall be equivalent to the bedroom mix of the non-target units of the project, except that the developer may include a higher proportion of target units with more bedrooms. All project s shall comply with all applicable development standards, except those standards, which may be modified as provided by this Chapter. Deviations from these provisions may only be permitted as allowed by this Title or as part of an approved density bonus agreement.

Parking. Upon request of the developer qualifying for a density bonus pursuant to this Chapter, the City shall not require vehicular parking ratios, inclusive of handicapped and guest parking, that exceed state law.

C.12.070 Processing of Density Bonus Requests
A request consistent with this Chapter shall be processed as part of the project application as required by Part XIII-B (Zone Regulations) or Chapter D.4 (Permits and Approvals).

The applicant shall submit all required items on the City's application form, including a description of the proposed number of total units, target units, density bonus units, and any incentives or waivers being requested.

Part C: Citywide Standards

Page XIII-C.160 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft The Planning Commission shall conduct a public hearing on the density bonus request consistent with Section D.2.040.G (Public Hearings) and shall forward a recommendation to the Council.

Upon receiving the Planning Commission’s recommendation, the Council shall conduct a public hearing consistent with Section D.2.040.G (Public Hearings) prior to final action on the density bonus request.

C.12.080 Density Bonus Agreement
Agreement. A legally binding agreement between a developer and the City, which ensures that the requirements of this Chapter and state density bonus law are satisfied, shall be executed. This density bonus agreement (the "agreement") shall be reviewed and approved by the Director and the City Attorney who shall formulate a recommendation to the review authority for approval.

Recordation. Following execution of the agreement by the applicant and the City, the completed agreement, or memorandum thereof, shall be recorded. The conditions contained in the agreement shall be filed and recorded on the parcel or parcels designated for the construction of target units as a condition of final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The agreement shall be binding upon all future owners and successors in interest for this property, which is the subject of the housing development application.

Required Contents. At a minimum, the agreement shall include the following:

1. The total number of units proposed within the housing development, including the number of target units;

2. A description of the household income group to be accommodated by the housing development, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost;

3. The location, unit sizes (square feet), and number of bedrooms of target units;

4. Tenure of use restrictions for target units;

5. A schedule for completion and occupancy of target units;

6. A description of any additional incentive being provided by the City;

7. A description of remedies for breach of the agreement by either party (the City may identify tenants or qualified purchasers as third-party beneficiaries under the agreement); and

8. Other provisions to ensure implementation and compliance with this Chapter and state density bonus law.

Sale Conditions. In the case of for -sale housing developments, the agreement shall provide for the following conditions governing the initial sale and use of target units during the applicable use restriction period:

1. Income. Target units shall, upon initial sale, be sold to and occupied by eligible very low, lower income, or, in the case of a condominium or planned unit development, moderate income households at an affordable sales price and housing cost, or to qualified senior citizen residents (i.e., maintained as senior citizen housing).

Part C: Citywide Standards

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-161

2. Restriction Sales. The initial purchaser of each target unit shall execute an instrument or agreement, approved by the City Attorney, restricting the sale of the target unit in accordance with this Chapter and state density bonus law during the applicable use restriction pe riod. Such instrument or agreement shall be recorded against the parcel containing the target unit and shall contain provisions as the City may require to ensure continued compliance with this Chapter and the state density bonus law.

Rental Conditions. In the case of rental housing developments, the agreement shall provide for the following conditions governing the use of target units during the use restriction period:

1. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies and the proper management and maintenance of target units for qualified tenants;

2. Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this Chapter; and

3. Provisions requiring owners to submit an annual report to the City, which includes the name, address and income of each person occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit.

C.12.090 Changes in State Density Bonus Laws
It is the intent of the Council that the provisions of this Chapter shall be interpreted so as to fulfill the requirements of Government Code section 65915 et seq., notwithstanding changes in state laws revising percentages, numerical thresholds, and/or other standards applicable to the granting of density bonuses or related incentives that may occur after the effective date of this Chapter. Accordingl y, it is the further intent of the Council that any such changed percentages, numerical thresholds, or other standards shall be deemed to supersede and govern any conflicting percentages, numerical thresholds, or other standards contained in this Chapter, to the maximum extent permitted by law.

Part C: Citywide Standards

Page XIII-C.162 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Reserved

Part C: Citywide Standards

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-163 Condominium Conversions
Sections:

C.16.010 Purpose
C.16.020 Determining Allowance of Converting Apartment Units C.16.030 Development Standards
C.16.040 Equal Housing Opportunities
C.16.050 Review Requirements
C.16.010 Purpose
The City is concerned with maintaining an adequate supply of housing for its citizens, including rental housing. In accordance with Goal HE-2 of the General Plan’s Housing Element, the City must maintain high-qu
ality residential and mixed-use neighborhoods and preserve existing housing resources, including units affordable to extremely low, very low, low, and moderate-in come households and market rate units.

C.16.020 Determining Allowance of Converting Apartment Units Declaration of Housing Shortage. When the number of vacant apartments being offered for rent or lease in Milpitas is equal to or less than six percent of the total number of apartment units offered for and under rental or lease agreement in Milpitas, a housing shortage exists which is inconsistent with the purposes of this Chapter and with the declared goals of the City relating to its General Plan Housing Element.

Determination of Vacancy Rate and Surplus. Whenever an application for a condominium conversion is filed, the D epartment shall conduct a vacancy rate survey of the existing rental apartment dwelling units in Milpitas. This survey shall be completed within 45 days from the date the application for condominium conversion is deemed complete.

Surplus Required for Conversion Application. An application for condominium conversion of existing multi-family rental housing units to residential condominium ownership shall not be approved unless there is a vacancy surplus of existing apartments which equals six percent or greater of the total num ber of apartment units within Milpitas, and if all of the adult tenants lawfully in possession of two -thirds of the units indicate their desire to convert such project to condominium ownership, in writing, to the City. In no event shall a number of lots, parcels, units, or rights of exclusive occupancy proposed exceed the vacancy surplus by 40 percent. Nothing in this Chapter shall be construed to prevent the payment of any consideration by landlord to tenant, provided however, consent obtained by payment to a tenant shall not be considered by the Council to be a free and willing consent unless payment of the same consideration is made to all tenants regardless of consent.

Part C: Citywide Standards

Page XIII-C.164 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft C.16.030 Development Standards
The following standards are required for any residential condominium conversion development.

Off-Street Parking. Conformance to the current off -street parking standards, see Chapter C.6 (Parking and Loading).

Landscape and Open Space. Conformance to the current landscape and open space requirements, see Chapter C.4 (Landscaping Standards) and Part XIII-B (Zone Regulations).

Housing and Fire. Conformance to the City’s current Building Code (Title II: Building Regulation) and Fire Code (Chapter V-300).

Meters and Control Valves. The consumption of gas and electricity within each unit shall be separately metered so that the unit owner can be separately billed for each utility. A water shut - off valve shall be provided for each unit or for each plumbing fixture.

Overcurrent Protection. Each unit shall have its own panel board for all electrical circuits which serve the unit.

Impact Sound Insulation. Wall and floor-ceiling assemblies shall conform to the sound installation performance criteria in the California Administrative Code (Title 25, Section 1092 or its successor) and may be only replaced by another floor covering that provides the same or greater insulation.

Affordable Housing Supply. Affordable housing requirements of Chapter XII-1 ( Affordable Housing Ordinance) shall apply to condominium conversions.

C.16.040 Equal Housing Opportunities
In no case shall a project limit initial sales in a manner that is discriminatory against households with children, based on source of income, or other characteristic protected by fair housing laws.

C.16.050 Review Requirements
Condominium conversions are subject to a Conditional Use Permit consistent with Section D.4.030 (Use Permits) and the filing of a Tentative Map in accordance with Milpitas Municipal Code Chapter XI-1 (Subdivisions).

Staff Report. A copy of the public hearing staff report shall be provided to the applicant and each tenant of the subject property consistent with California Government Code section 66452.3.

Public Hearing Notice. Notice of the public hearing(s) on the application for a condominium conversion shall be provided by the City to all tenants of the subject property consistent with California Government Code section 66451.3.

Tenant Notice. The applicant shall give notice to tenants of the intention to convert to condominium ownership, as required by the Subdivision Map Act. The applicant shall provide the City with copies of all required notices, a complete list of all tenants served with the notice, and the dates and methods by which the notice was served.

Protection of Tenant Rights. In addition to the general findings required for approval of a Conditional Use Permit, approval of a Conditional Use Permit for a condominium conversion is

Part C: Citywide Standards

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-165 subject to the Council finding that the requirements of California Government Code section 66427.1 have been completed in accordance with state law, which relate to:

1. Notice to tenant(s) of intention to convert; and

2. Tenant(s) exclusive right to purchase their unit(s) upon the same terms and conditions that such unit(s) will be initially offered to the general public or terms more favorable to the tenant(s).

Part C: Citywide Standards

Page XIII-C.166 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Nonconforming Buildings, Structures, Uses, and
Parcels
Sections:

C.18.010 Purpose
C.18.020 Continuance and Maintenance
C.18.030 Nonconforming Uses
C.18.040 Nonconforming Parcels
C.18.050 Nonconforming Buildings and Structures
C.18.060 Nonconformity with Other Development Standards C.18.010 Purpose
This Chapter provides regulations for nonconforming buildings, structures, uses, and parcels that were lawful before the adoption or amendment of this Ordinance, but which would be prohibited, regulated, or restricted differently under the current terms of this Ordinance or an amendment that changed the applicable requirements.

It is the intent of this Ordinance to discourage the long- term continuance of nonconformities, providing for their eventual elimination, while allowing them to exist under the limited conditions outlined in this Chapter.

The City recognizes that until nonconforming buildings, structures, uses, and parcels 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.

C.18.020 Continuance and Maintenance
Any nonconforming use or building or structure may be continued, used, and maintained in compliance with this Chapter.

Any nonconforming parcel may be used, developed, and maintained in compliance with this Chapter.

A nonconforming use, building, structure, and/or parcel may be transferred or sold, provided that no such use or structure shall be enlarged or altered except as otherwise provided in this Chapter.

C.18.030 Nonconforming Uses
A nonconforming use may be continued, expanded, or replaced subject to the following standards:

1. Continuation of Nonconforming Use. A nonconforming use shall be allowed to continue indefinitely, absent discontinuation of the use for a year or more and failure to comply with the re -establishment provisions of Subsection C.18.030.B (Re-establishment of

Part C: Citywide Standards

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-167 Discontinued Nonconforming Uses Within the Midtown and Metro Specific Plan Areas) if applicable.

2. Discontinuation of Nonconforming Use.
a. A nonconforming use which is discontinued for a continuous period of one year or more may only be replaced with a conforming use. However, a nonconforming use within the Midtown or Metro Specific Plan areas may be re -established consistent with Subsection C.18.030.B (Re-establishment of Discontinued Nonconforming Uses Within the Midtown and Metro Specific Plan Areas). b. A nonconforming use which has been discontinued for a period of less than one year may be replaced with a conforming use or a nonconforming use of the same use classification as a matter of right . For example, a nonconforming service station may be changed to an vehicle washing use, since both uses fall within the same use classification of vehicle-related use . However, a nonconforming use within the Midtown or Metro Specific Plan areas that has been discontinued for a period of less than one year, may be replaced with a nonconforming use of a different use classification consistent with Subsection C.18.030.B (Re- establishment of Discontinued Nonconforming Uses Within the Midtown and Metro Specific Plan Areas).

3. Change of Use Within the Same Use Classification. A nonconforming use may be changed to a different use within the same use classification as a matter of right.

4. Change of Use t o a Different Nonconforming Use Classification . A 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 with Conditional Use Permit approval only after the following findings are made:
a. The proposed nonconforming use would not cause a nuisance to the surrounding properties and zone (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 zone; and
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.

5. Expansions of Nonconforming Use.
a. A nonconforming use shall not be enlarged or expanded in size or capacity, or extended to occupy a greater area of land or building floor area than it legally occupied before it became nonconforming; however, the Director may approve an expansion of up to 25 percent of the gross floor area if the expansion brings the nonconforming use into more conformity with this Title or the findings in Subsection C.18.030.A.4 (Change of Use to a Different Nonconforming Classification) are made.
b. Expansions of nonconforming community assembly uses in the M2 Zone requires Conditional Use Permit approval by the Planning Commission and must comply with the requirements in this Subsection.

Part C: Citywide Standards

Page XIII-C.168 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Re-establishment of Discontinued Nonconforming Uses Within the Midtown and Metro Specific Plan Areas.

1. Discontinued nonconforming uses within the Midtown and Metro Specific Plan areas may be re- established with Director approval if the findings in Subsection C.18.030.A.4 (Change of Use to a Different Nonconforming Classification) are made.

2. Approval of a Conditional Use Permit by the Commission shall be required in the following instances:
a. The proposed use lies within 1,000 feet of any residential use; or b. The proposed use would require Conditional Use Permit approval at the time the use became nonconforming.

3. This Subsection shall become inoperative July 1, 202 7, and shall be considered repealed on that date, unless a later enacted ordinance that becomes effective on or before July 1, 2027, deletes or extends that date. All other provisions of this Chapter shall be unaffected by this sunset clause.

C.18.040 Nonconforming Parcels
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 or resulted from a lot line adjustment.

Development of Legal Building Sites. A legal building site may be developed provided that any structure or development compiles with the standards for the applicable zone unless standards are specifically waived or altered through a Variance or as otherwise allowed by this Title.

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.

C.18.050 Nonconforming Buildings and Structures
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.

Energy 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.

Restoration of Damaged Buildings and Structures. A nonconforming building or structure which is involuntarily damaged by fire, flood, wind, earthquake, or other calamity or act of God or the public enemy, may be reconstructed, restored, or rebuilt consistent with the following.

Part C: Citywide Standards

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-169

1. Not More Than 75 Percent. If the involuntarily damage or partial destruction is not more than 75 percent of the nonconforming building or structure’s true value immediately prior to the damage, the building or structure may be restored and the use of the building or structure immediately prior to the damage may be continued or resumed , provided the following:
a. The total cost of such reconstruction, restoration, and rebuilding does not exceed 75 percent of the true value of the building or structure immediately prior to the damage;
b. The Building Perm it for reconstruction, r estoration, and rebuilding is issued within one year of the damage;
c. Reconstruction, restoration, and rebuilding is diligently pursued to completion; and
d. Reconstruction, restoration, and rebuilding is found to not be detrimental to public health or safety by the Director.

2. More Than 75 Percent. If the involuntary damage exceeds 75 percent of the nonconforming building or structure’s true value immediately prior to the damage, the building or structure shall not be reconstructed, restored, or rebuilt except in conformity with the requirements of this Title.

3. Multi-story Single-family Dwellings in the “H” Hillside Combining District. If a multi-story single-family dwelling within the “H” Hillside Combining District is involuntarily damaged, it may be rebuilt to its approved height and setbacks and is subject to the zoning regulations in effect at the time the multi-story single-family dwelling was built.

4. Duplex and Multi-Family Dwellings . If a duplex of multi -family dwelling is involuntarily damaged, t he City may only prohibit the reconstruction of the duplex or multi-family dwelling if the findings required by Government Code section 65852.25 are made.

Additions to, Enlargements, and Moving of Nonconforming Buildings and Structures.

1. Compliance with Current Standards. A 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 applicable zone (e.g., building height, setbacks, maximum lot coverage, impervious surface coverage, etc.) and does not increase the degree of nonconformity.

2. R1, R2, and R1 -H Zones. A nonconforming building or structure in the R1, R2, or R1-H zones shall not be added to or enlarged unless consistent with this Subsection and existing the front yard paving complies with the standards of Subsection B.4.040.A (R1 Zone Front Yard Coverage).

3. All Other Zones. A nonconforming building or structure in a zone other than R1, R2, or R1-H may be added to or enlarged consistent with this Subsection and the following:
a. The addition or enlargement shall not exceed 30 percent of the existing floor area (i.e., 30 percent of gross floor area if associated with a non-residential use, or 30 percent of all habitable space if associated with a residential use); and b. A Conditional Use Permit for the addition or enlargement is approved by the Planning Commission.

Part C: Citywide Standards

Page XIII-C.170 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft

4. Location Change Prohibited. A nonconforming building or structure shall not be moved in whole or in part to any other location unless every portion of such building or structure is made to conform to all regulations of the applicable zone.

C.18.060 Nonconformity with Other Development Standards Nonconforming Parking. No existing use of land or existing structure, where parking for said use or structure was conforming at the time of establishment or modification, shall be deemed to be nonconforming solely because of the lack of parking facilities prescribed in Chapter C.6 (Parking and Loading), but rather shall retain conforming status for as long as the use or structure remains unmodified.

1. Residential Expansions. For additions or enlargements of existing residential structures or buildings that would increase the number of parking spaces required, the additional parking shall be required only for the addition or enlargement or new dwelling units, and not for the preexisting structure or building or preexisting dwelling units. However, the Review Authority may grant a waiver of the parking requirement for the addition, enlargement, or new dwelling units if it is determined that sufficient parking is not available on or near the site, and the project is consistent with t he General Plan, otherwise consistent with this Title , and the waiver would not create a negative impact for neighboring properties.

2. Change in Use. For any change of use or manner of operation that would increase the number of parking spaces required, no additional parking shall be required unless the Review Authority determines that the change in use would require 15 percent or more parking spaces than currently exist. The number of parking spaces required for the change of use shall be the difference between the number required by Chapter C.6 (Parking and Loading) and 115 percent of the number of spaces that currently exist.

Nonconforming Landscaping. No existing use of land or existing structure, where landscaping or screening for said use or structure was conforming at the time of establishment or modification, shall be deemed to be nonconforming solely because of the lack of landscaping and screenin g prescribed in Chapter C.4 (Landscaping Standards), but rather shall retain conforming status for as long as the use or structure remains unmodified.

1. Expansion of Structure. For additions or enlargements of existing structures or buildings that would increase the amount or type of landscaping or screening required, the additional landscaping or screening shall be required only for such addition or enlargement, and not for the preexisting structure or building.

2. Change in Use. For any change of use or manner of operation that would increase the amount or type of landscaping or screening required, such additional landscaping and/or screening shall be provided.

Nonconforming Lighting.

1. All lighting must be brought into compliance with the requirements of this Title for a change of use or an addition or modification that requires or includes an increase of 25 percent of the number of required on-site parking spaces, additional dwelling units, gross floor area, seating capacity, or other units of measurement.

Part C: Citywide Standards

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.C-171

2. For a change of use or addition or modification that requires or includes an increase in the number of on-site parking spaces, additional dwelling units, gross floor area, seating capacity, or other units of measurement that is less than 25 percent, the applicant must comply with the requirements of this Title only for any new outdoor lighting provided.

3. In the event that an outdoor lighting fixture is abandoned or is damaged and requires repairs for safe operation, the repaired or replacement fixture must comply with the provisions of this Title.

Nonconforming Signs. This Chapter does not regulate nonconforming signs, which are instead subject to the requirements of Section C.8.080 (Nonconforming Signs).

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City of Milpitas
PART D: Procedures
and Administration
Public Review Draft

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Part D: Procedures and Administration

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-i Part D - Table of Contents
Chapter D.2 Procedures .................................................................................................................... 1 D.2.010 Purpose ................................................................................................................................. 1 D.2.020 Authorities and Administration ............................................................................................. 1 D.2.030 Summary of Review Authorities for Decisions and Appeals .................................................. 2 D.2.040 Common Procedures ............................................................................................................. 4 Chapter D.4 Permits and Approvals ................................................................................................ 16 D.4.010 Purpose ............................................................................................................................... 16 D.4.020 Site Development Permits ................................................................................................... 16 D.4.030 Use Permits ......................................................................................................................... 23 D.4.040 Temporary Use Permits ....................................................................................................... 25 D.4.050 Minor Deviations ................................................................................................................. 26 D.4.060 Variances ............................................................................................................................. 27 D.4.070 Sign Permits......................................................................................................................... 29 D.4.080 Sign Programs ..................................................................................................................... 30 D.4.090 Temporary Sign Permits ...................................................................................................... 32 D.4.100 Home Occupation Permits .................................................................................................. 33 D.4.110 Reasonable Accommodation .............................................................................................. 34 D.4.120 Special Event Permit ............................................................................................................ 35 D.4.130 Short-Term Rental Permit ................................................................................................... 42 Chapter D.6 Zoning Ordinance and Zoning Map Amendments ........................................................ 43 D.6.010 Purpose ............................................................................................................................... 43 D.6.020 Applicability ......................................................................................................................... 43 D.6.030 Application Requirements ................................................................................................... 43 D.6.040 Procedures ........................................................................................................................... 44 D.6.050 Findings ............................................................................................................................... 44 D.6.060 Expiration of Application and Time Extension .................................................................... 45 D.6.070 Effective Date ...................................................................................................................... 45 Chapter D.8 General Plan Amendments .......................................................................................... 46 D.8.010 Purpose ............................................................................................................................... 46 D.8.020 Applicability ......................................................................................................................... 46 D.8.030 Application Requirements ................................................................................................... 46 D.8.040 Procedures ........................................................................................................................... 46

Part D: Procedures and Administration

Page XIII-D.ii | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft D.8.050 Findings ............................................................................................................................... 47 D.8.060 Adoption of General Plan Amendment ............................................................................... 47 Chapter D.10 Specific Plans ............................................................................................................... 49 D.10.010 Purpose ............................................................................................................................... 49 D.10.020 Applicability ......................................................................................................................... 49 D.10.030 Application Requirements ................................................................................................... 49 D.10.040 Procedures ........................................................................................................................... 50 D.10.050 Findings ............................................................................................................................... 50 D.10.060 Adoption of Specific Plan ..................................................................................................... 51 D.10.070 Implementation and Amendments ..................................................................................... 51 Chapter D.12 Planned Unit Development ......................................................................................... 52 D.12.010 Purpose ............................................................................................................................... 52 D.12.020 Applicability ......................................................................................................................... 52 D.12.030 Application Requirements ................................................................................................... 53 D.12.040 Procedures ........................................................................................................................... 53 D.12.050 Findings ............................................................................................................................... 53 D.12.060 Planned Unit Development Implementation ....................................................................... 54 Chapter D.14 Development Agreements ........................................................................................... 55 D.14.010 Purpose ............................................................................................................................... 55 D.14.020 Applicability ......................................................................................................................... 55 D.14.030 Application Requirements ................................................................................................... 55 D.14.040 Procedures ........................................................................................................................... 56 D.14.050 Findings ............................................................................................................................... 56 D.14.060 Execution and Recordation ................................................................................................. 57 D.14.070 Annual Review ..................................................................................................................... 57 D.14.080 Amendment, Modification, or Termination of an Approved Development Agreement ..... 58 D.14.090 Effect of Development Agreement ...................................................................................... 58 Chapter D.16 Reserved ..................................................................................................................... 59 Chapter D.18 Enforcement and Penalty ............................................................................................ 60 D.18.010 Purpose ............................................................................................................................... 60 D.18.020 Enforcement ........................................................................................................................ 60 D.18.030 Determination of Violation ................................................................................................. 60 D.18.040 Penalty ................................................................................................................................ 61

Part D: Procedures and Administration

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-iii D.18.050 Declaration of Public Nuisance ........................................................................................... 61 D.18.060 Order to Stop Work ............................................................................................................. 61 D.18.070 Modification, Revocation, and Suspension ......................................................................... 62 D.18.080 Abatement Procedure ......................................................................................................... 63 D.18.090 Cost Recovery ...................................................................................................................... 65 D.18.100 Lien Procedure ..................................................................................................................... 66 D.18.110 Interest on Liens .................................................................................................................. 68 D.18.120 Miscellaneous ...................................................................................................................... 68 D.18.130 Remedies Cumulative .......................................................................................................... 68

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Part D: Procedures and Administration
Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-1 Chapter D.2 Procedures
Sections:

D.2.010 Purpose
D.2.020 Authorities and Administration
D.2.030 Summary of Review Authorities for Decisions and Appeals D.2.040 Common Procedures
D.2.010 Purpose
The purpose of this Chapter is to identify the assignment of authority and review procedures for zoning decisions related to land use and development applications as defined in this Title.

D.2.020 Authorities and Administration
Review Authorities are authorized to administer this Title as follows.

A. Director. The Director shall have the duties assigned by this Title as may be required to fulfill the purposes of this Title. These duties include environmental determinations on any approval that is subject to environmental review under the California Environmental Quality Act and where the final approval for the project is made by the Director. These duties shall be in addition to those contained in California Government Code section 65900 et seq.

B. Zoning Administrator. The Zoning Administrator shall have the duties assigned by this Title as may be required to fulfill the purposes of this Title . These duties include environmental determinations on any approval that is subject to environmental review under the California Environmental Quality Act and where the final approval for the project is made by the Zoning Administrator.

C. Planning Commission. The Planning Commission is established by Milpitas Municipal Code Chapter I-500 (Planning Commission) with duties and powers outlined in Section I-500-1.12. The authority and responsibilities of the Planning Commission shall also include, but are not limited to the following:

1. Authority to hear and decide:
a. Applications identified in Table D.2.030-A (Review Authorities); and b. Environmental determinations on any approval that is subject to environmental review under the California Environmental Quality Act and where the final approval for the project is made by the Planning Commission.

2. Authority to review and make recommendations to the Council on:
a. Applications for Zoning Amendments;

b. Applications for General Plan Amendments;
c. Applications for Specific Plans;
d. Development Agreements;

Part D: Procedures and Administration

Page XIII-D.2 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft e. Environmental determinations on any approval that is subject to environmental review under the California Environmental Quality Act and where the final approval for the project is made by the Council; and
f. Any other action that state law requires the Planning Commission to consider and recommend before Council consideration.

3. Authority to hear an appeal from any determination made by an administrative or appointed official, such as the Director or Zoning Administrator , in the administration or enforcement of this Title . See also Table D.2.030-A (Review Authorities) and Section D.2.040.N (Appeals).

4. Other powers and responsibilities assigned by this Title or directed by the Council.

D. City Council. The Council is established through the incorporation of the City and has final review and decision-making authority on matters relating to planning and zoning, subject to delegation of this authority as provided in this Title . These duties shall be in addition to those contained in California Government Code section 65900 et seq.

D.2.030 Summary of Review Authorities for Decisions and Appeals Table D.2.030-A (Review Authorities) identifies the types of applications authorized by this Title and the Review Authority responsible for recommending and making decisions on each type of application.

Table D.2.030-A: Review Authorities 1
Type of Action Chapter/Section Recommending
Authority
Review Authority
(Decision-Making Body) Appeal Authority
Site Development Permits
Site Development
Permit
Subsection D.4. 020
(Site Development
Permits)
Director Planning Commission Council
Site Development
Permit in “H” Hillside
Combining District
Director and
P
lanning
Commission
Council n/a
Minor Site
Development Permit n/a Director or Zoning
Administrator 2 Planning Commission
Use Permits
Conditional Use
Permit (CUP)
Subsection D.4.030
(
Use Permits)
Director Planning Commission Council
Minor Conditional
Use Permit (MC) Director Z oning Administrator Planning Commission Minor Conditional
Use Permit (MCS) n/a Dire ctor Planning Commission
Temporary Use
Permit
Subsection D.4. 040
(Temporary Use
Permits)
n/a Director Planning Commission

Part D: Procedures and Administration

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-3 Table D.2.030-A: Review Authorities 1
Type of Action Chapter/Section Recommending
Authority
Review Authority
(Decision-Making Body) Appeal Authority
Minor Deviations and Variances
Minor Deviation 3 Subsection D.4. 050
(Minor Deviations) Director Zoning Administrator Planning Commission Variance
Subsection D.4. 060
(Variances)
Director Planning Commission Council
Variance in “H”
Hillside Combining
District
Director and
P
lanning
Commission
Council n/a
Sign Permits
Major Sign Permit Subsection D.4. 070
(Sign Permits) Director Planning Commission 4 Council
Minor Sign Permit Subsection D.4. 070
(Sign Permits) n/a Director or Zoning
Administrator 4, 5 Planning Commission
Sign Program Subsection D.4. 080
(Sign Programs) Director Planning Commission 4 Council
Temporary Sign
Permit
Subsection D.4. 090
(Temporary Sign
Permits)
n/a Director Planning Commission
Other
Home Occupation
Subsection D.4. 100
(Home Occupation
Permits)
n/a Director Planning Commission
Reasonable
Accommodation
Subsection D.4. 110
(Reasonable
Accommodation)
n/a Director Planning Commission
Special Event Permit
Subsection D.4.120
(Special Event
Permits)
n/a Director Zoning Administrator
Amendments and Legislative Decisions
Zoning Amendment
Chapter D.6 (Zoning
Ordinance and
Zoning Map
Amendments)
Director and
Planning
Commission
Council n/a
General Plan
Amendment
Chapter D.8 (General
Plan Amendments)
Director and
Planning
Commission
Council n/a
Specific Plan Chapter D.10
(
Specific Plans)
Director and
Planning
Commission
Council n/a
Planned Unit
Development
Chapter D.12
(
Planned Unit
Development)
Director and
Planning
Commission
Council n/a

Part D: Procedures and Administration

Page XIII-D.4 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Table D.2.030-A: Review Authorities 1
Type of Action Chapter/Section Recommending
Authority
Review Authority
(Decision-Making Body) Appeal Authority
Development
Agreement
Chapter D.14
(
Development
Agreements)
Director and
Planning
Commission
Council n/a
Table Notes:
1 For projects that require multiple applications, see Subsection D.2.040.B.30 (Multiple Applications). 2 See Subsection D.6.020.B (Applicability) for when the Director or the Zoning Administrator is the decision-making body. 3 Minor Deviation refers to modifications or adjustments to zoning standards, not a modification to an approved permit or project. See Subsection D.4.050 (Minor Deviation).
4 The Council is the decision-making body for Sign Permits and Sign Programs in the “H” Hillside Combining District. 5 See Subsection D.4.070.D (Authority) for when the Director or the Zoning Administrator is the decision-making body.

D.2.040 Common Procedures
A. Purpose. The purpose of this Section is to establish common procedures and requirements for the preparation, filing, and processing of development applications required by this Title. These common procedures and the development review process es established in this Part XIII-D (Procedures and Administration) are intended to provide a consistent and efficient method for the City to implement the General Plan and other adopted goals, policies, and standards. For procedures specific to individual permit types, refer to Chapter D.4 (Permits and Approvals).

B. Application Process and Fees.

1. Applicant. Only the following persons or entities may apply for a permit or other approval:
a. The owner of the property;
b. An authorized agent or representative of the owner; or c. A person acting in accordance with a purchase contract or exclusive option to purchase the property.

2. Applications.
a. The Director shall specify the form and content of all applications for permits or approvals required by this Title.
b. Applications for development approval s and amendments shall be submitted to the Director on a prescribed City application form and shall include all the information that is necessary for review of the application, such as plans, elevations, facts, and information deemed by the Director to be necessary to show details of the proposed use or development as specified in the application checklist attached to the application form.
c. Applications shall be accompanied by applicable fees as identified in the City’s Master Fee Schedule , deposits, and other materials required by this Title and Department handouts.

Part D: Procedures and Administration

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-5 d. Applications shall include the property owner’s written authorization for any permit, permit amendment, permit extension, or other approval required by this Title.
e. Unless precluded by law, the Director may require the submission of supplemental materials and information as part of an application submittal, including statements, photographs, plans, drawings, renderings, models, material samples, special studies, and other information necessary to describe existing conditions and the proposed project, and to determine the level of environmental review in accordance with Subsection D.2.040.E (Environmental Review). f. The Director may waive the submission of specific material or information upon a finding that it is not needed to reach a decision on the application. g. It is the responsibility of the applicant to provide the necessary information in support of the findings required for approval as identified in Chapter D.4 (Permits and Approvals).
h. The Director may adopt regulations or guidelines for the form, content, and processing of all applications for permits or approvals required by this Title.

3. Multiple Applications . A project that includes more than one application may be combined and processed concurrently provided all applicable processing requirements are satisfied. The purpose for allowing concurrent review is to consolidate final action on the project with the highest Review Authority responsible for making a decision on the applications for a project . The following provisions apply to concurrently processed applications:
a. If a project requires more than one discretionary permit or other approval, all permits or other approvals shall be processed concurrently. b. When an application requiring a public hearing is combined with an application that does not require a public hearing, the combined applications shall require a public hearing.
c. W hen more than one discretionary permit or other approval is required and the Review Authority is both the Planning Commission and Council, the final action on all discretionary permits or other approvals shall be taken by the Council. In these cases, the Planning Commission’s actions shall consist of a recommendation to the Council.
d. When the Planning Commission is the highest R eview Authority for a project, the review by all other Review Authorities shall be in the form of a recommendation to the Planning Commission.
e. When concurrently processed applications are needed for a project, and both a review by the Planning Commission and Zoning Administrator are required, the Zoning Administrator review shall be omitted and the Planning Commission review substituted .
f. W hen a subdivision is proposed, the provisions of Milpitas Municipal Code Chapter XI-1 (Subdivisions) and this Title shall apply. Review Authorities may combine review and decisions in a single action, provided the required procedures of Milpitas Municipal Code Chapter XI-1 and this Title are followed ;

Part D: Procedures and Administration

Page XIII-D.6 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft the single approval shall have the same effect as though each action were taken individually, provided each separate approval required is appropriately entered in the record.

4. Withdrawn and Denied Applications.
a. Withdrawn applications. An application may be withdrawn by the applicant prior to the opening of the public hearing or thereafter with the consent of the Review Authority. A request to withdraw an application must be submitted by the applicant in writing. Withdrawal of an application shall terminate all further action on the application.
b. Effect of withdrawn or denied applications . Where an application has been withdrawn by the applicant or denied by the Review Authority, an application for the same or substantially similar project may not be filed within one year from the date of withdrawal or denial. Any subsequent application shall be considered a new application and shall be processed accordingly.

5. Fees. A schedule of fees shall be maintained by the Director and made available to the public. All applications required by this Title shall be accompanied by the required fees set by resolution of the Council. Applications shall not be accepted without payment of all required fees. If an application is erroneously accepted without payment of all required fees, or if an applicant fails to promptly pay further fees as the y become due, an application may be deemed withdrawn if the applicant fails to pay all required fees within 30 days of being mailed notice by the Department or such other time as may be agreed to in writing by the Director.

C. Pre-Application Review.

1. Pre-Application Review.
a. A Pre-Application Review is an optional process that occurs prior to the submittal of any new development application.
b. The purpose of a Pre-Application Review is generally to:
(i) Familiarize the Director and other City staff, as may be applicable, with the development proposal;
(ii) Discuss application requirements and familiarize the applicant with the review process and procedures;
(iii) Identify any potential problems as early in the process as possible; and (iv) Identify land use and development policies which may apply to or affect the development proposal.
c. Failure by the Director or other City staff to identify all required studies or all applicable requirements in the Pre -Application Review shall not constitute a waiver of those studies or requirements. A Pre-Application Review is meant to be informative but is not a substitute for the applicant ’s responsibility to know and comply with the law.

Part D: Procedures and Administration

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-7

2. Application Requirements. An application for a Pre-Application Review shall be submitted on a form prescribed by the City in accordance with Section D.2.040.B (Application Process and Fees).

3. Pre-Application Review Meeting. After reviewing the application, the Director shall meet with the applicant or representative. Neither the Pre -Application Review nor the provision of information by the Director and the discussion of City policies shall be construed as either a recommendation for approval or denial of the application or development. No formal action is taken by the Director at a Pre-Application Review meeting. Following the meeting, the Director may provide the applicant with a written summary of comments.

D. Review of Planning Applications.

1. Initial Completeness Review. The Director shall determine whether an application is complete within 30 days of the date the application is filed and the required fee is received in accordance with California Government Code section 65943 et seq.

2. Incomplete Application.
a. Incomplete application. If an application is deemed incomplete, the Director shall provide a written notification to the applicant listing information necessary to complete the application.
b. Submittal of additional information. The applicant shall provide the additional information within 180 days from the date the application is deemed to be incomplete. The Director may grant one extension of up to 90 days. c. Expiration of application. If an applicant fails to correct the identified deficiencies within the specified time limit, the application shall expire and be deemed withdrawn, unless the Director grants an extension . After the expiration of an application, a new complete application, together with all required fees, shall be submitted for review.

3. Complete Application. When a planning application is deemed complete, the Director shall make a record of that date and proceed with processing the application. If an application requires a public hearing, the Director shall schedule a hearing when the project is ready and notify the applicant of the date and time, in accordance with Section D.2.040.F (Public Hearing Notice).

4. Referral of Application.
a. When the Director or Zoning Administrator is the Review Authority, the Director may determine that based on a unique or special circumstance, it is in the public interest for an application to be considered by the Planning Commission. In this case, the Director shall forward the application to the Planning Commission for review at a public hearing.
b. At the discretion of the Director, or where otherwise required by this Title, state or federal law, any application filed in compliance with this Title may be referred to any City department, public agency, or interest group that may be affected by, or have an interest in, the proposed project for review and comment on the application.

Part D: Procedures and Administration

Page XIII-D.8 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft

5. Extensions for Review of Application. The Director may, upon written request, grant extensions of any time limit for review of applications imposed by this Title unless precluded by state or federal law.

E. Environmental Review. The City has the responsibility to comply with the California Environmental Quality Act (California Public Resources Code section 21000 et seq.) and California Environmental Quality Act Guidelines (California Code of Regulations, Title 14), collectively referred to as California Environmental Quality Act. The City shall evaluate each project according to California Environmental Quality Act before any recommendation or decision on a project is made.

F. Public Hearing Notice.

1. Applicability.
a. Notice for public hearings is required as part of the approval process for all applications subject to a public hearing.
b. Any changes to state law notice requirements , in accordance with California Government Code section 65090 et seq. , shall control over the requirements in this Section regarding the manner for providing notice.

2. Public Hearing Notice Requirements. Unless otherwise required by law, whenever notice of hearing is required by this Title , notice shall be mailed and community meetings shall be held as provided in Table D.2.040-A (Public Hearing Notice Requirements).

Table D.2.040-A: Public Hearing Notice Requirements
Project/Approval/Action
Requested 1 Notification Required Radius 2 Community Meeting Required 3
Site Development Permit 300 feet No
Minor Site Development Permit 4 300 feet No
Conditional Use Permit 500 feet No
Minor Conditional Use Permit 5 300 feet No
Minor Deviation 300 feet No
Variance 500 feet No
Major Sign Permit 300 feet No
Sign Program 300 feet No
Zoning Amendment 1,000 feet Yes
General Plan Amendment 1,000 feet Yes
Specific Plan 1,000 feet Yes
Planned Unit Development 300 feet No
Development Agreements 300 feet No
Appeals Same as the original approval requested that
is the subject of the appeal No
Table Notes:
1 For revisions to an approved project, see Subsection D.2.040.M (Revisions to an Approved Project).

Part D: Procedures and Administration

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-9 2 The Director may expand the notification area based on the location and context of the subject property if it is determined that the potential impact of the project extends beyond the required notification boundary or if the proposed project is deemed to be potentially controversial. 3 A community meeting shall be held a minimum of 30 days prior to the public hearing. 4 A public hearing is only required when subject to Zoning Administrator approval. See Subsection D.4.020 (Site Development Permits).
5 A public hearing is only required when subject to Zoning Administrator approval. See Subsection D.4.030 (Use Permits).

3. Contents. Every posted, published, or mailed notice f or a public hearing shall be consistent with the requirements of Milpitas Municipal Code Subsection I-310-2.40 (Public Notice Requirements) and include:
a. The date, time, location, and purpose of the hearing; b. The name of the Review Authority conducting the hearing; c. Contact information to receive additional information; d. A brief description of the matter to be considered and the approval(s) requested; e. The address or location of the subject property;
f. A statement that any interested person or authorized agent may appear and be heard; and
g. A statement describing how and when to submit written comments.

4. Noticing Procedures. The following noticing procedures shall be observed when a public hearing is required by this Title.
a. Timing. All forms of notice shall be given not less than 10 days prior to the public hearing, except that for a Zoning Amend ment that would affect the permitted uses of real property, all forms of notice shall be given not less than 20 days prior to the public hearing.
b. Mailed notice. Mailed notice in accordance with Milpitas Municipal Code Subsection I-20.2.02 (Notice by Mail) shall be given to the following:
(i) All property owners as specified in Table D. 2.040-A (Public Hearing Notice Requirements);
(ii) Any person or group who has filed a written request for notice regarding the specific application;
(iii) The owner of the property that is the subject of the application; (iv) The applicant; and
(v) Any other person or entity the Director deems necessary or desirable , including any other local agency expected to provide essential facilities and services to the project and whose ability to provide those facilities and services may be significantly affected.
c. Newspaper n otice. A notice shall be published in a t least one newspaper of general circulation in the city, or, if no such newspaper is available, by posting in at least three public places within the city.

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Page XIII-D.10 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft d. Posted notice. A notice sign shall be posted in a format approved by the Department, in a prominent place on or near the subject property. At minimum, this shall include the posting of one sign per 1,000 lineal feet of the subject property’s street frontage that is visible from the public r ight-of-way. If the subject property has no street frontage, no less than one sign shall be posted. e. Additional notice. In additional to the types of notice required above, the Director may require or provide additional notice using alternative methods including, but not limited to the following:
(i) Posting on the City’s website;
(ii) Electronic mail to persons that have signed up or subscribed for electronic mail notifications;
(iii) Placing an insert with any generalized mailing sent by the City to property owners or residents in the area affected by the proposed application;
(iv) Posting through City accounts on social media platforms; or (v) Messaging on City electronic message signs.

5. Failure to Receive Notice. The validity of the proceedings shall not be affected by the failure of any property owner, resident, or organization to receive notice.

G. Public Hearings.

1. Requirements. When a public hearing is required by this Title, public notice shall be given consistent with Subsection D.2.040.F (Public Hearing Notice), and the public hearing shall be conducted as provided by this Subsection and Milpitas Municipal Code Section I-20-3 (Hearings).

2. Scheduling of Hearing. After an application is deemed complete, any environmental document required by California Environmental Quality Act has been prepared , and a Department staff report has been prepared, a matter requiring a public hearing shall be scheduled at the Director’s discretion on an agenda reserved for public hearings.

3. Decision. When the public hearing is closed, the Review Authority shall approve (with or without conditions) or deny the application in compliance with the required findings provided in Chapter D.4 (Permits and Approvals) and this Title.

4. Continuance. The Review Authority , by motion, may continue a public hearing. No additional notice shall be required for the continuance of a noticed public hearing to a specific date and time. At their own discretion, applicants may request th e Review Authority to act upon their project rather than be continued.

5. Recommendation by Planning Commission. At the conclusion of any public hearing on a project that requires Council approval, the Planning Commission shall forward a written recommendation, including all required findings, to the Council for final action. The Planning Commission’s recommendation could be to approve, approve in modified form, or deny the application.

6. Council Hearings. Upon receiving the Planning Commission’s recommendation on a project that requires Council approval, the Council shall hold a public hearing. When the

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Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-11 public hearing is closed, the Council shall make a final decision, which could be to approve, approve in modified form, or deny the application.

H. Findings and Decision.

1. When making a decision to approve, approve with modifications and/or conditions, or deny any application, the Review Authority shall make findings as required by this Title to support their decision. Findings shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record.

Findings may be stated, including in any resolution or record of the action, or may be implied from the administrative record and the record of proceedings taken as a whole.

2. If the Review Authority imposes conditions of approval, the conditions shall be consistent with Subsection D.2.040.I (Conditions of Approval).

I. Conditions of Approval.

1. In considering an application authorized by this Title, a Review Authority may require changes and impose conditions of approval in order to implement the policies of the General Plan and this Title. Conditions of approval, which may include dedication of land; installation of specific improvements ; limitations on the size, design and placement of buildings or structures; landscaping; or limitations on use and hours of operation; or other similar requirements, shall be reasonably related to the type of impacts caused by the use of the property for which the application is requested. Conditions of approval may be necessary to ensure the proposed use or project satisfies the required findings for approval and complies with any applicable environmental mitigation measures . S ee Section D.2.040.E (Environmental Review).

2. All conditions of approval shall be binding upon the applicant, their successors, and assigns; shall run with the land; shall limit and control the issuance and validity of Certificates of Occupancy; and shall restrict and limit the construction, location, use, and maintenance of all land and structures within the project.

J. Effect of Decisions.

1. Issuance of Approval. The issuance of a permit or approval described in this Title authorizes the holder to proceed in compliance with the terms of the permit or approval.

The applicant must follow all City requirements and procedures for any additional applicable permits or approvals in order to complete the development project and to meet the occupancy requirements for the subject property.

2. Effective Date of Decision.
a. The effective date of a decision is the date the Review Authority approves or denies the permit or approval, except as otherwise provided in this Chapter for a specific approval or type of permit.
b. If the decision by the Review Authority is appealed in accordance with Section D.2.040.N (Appeals), the date of decision shall be the date the Review Authority makes a final determination on the Appeal.

3. Ownership and Transferability of Permits and Approvals. An approved permit or other approval applies to the subject property and runs with the land, except as specifically provided in this Title. Once approved, a permit or approval remains effective unless

Part D: Procedures and Administration

Page XIII-D.12 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft terminated, abandoned, revoked, or modified. An approved permit or other approval is transferable to any future owner of the subject property.

4. Inspections. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring, or assessments, it shall be the responsibility of the permit holder, the property owner, or successor property owners to comply with the conditions.

K. Expiration of Permits.

1. Lapse of Permit. Unless otherwise specified in the permit or approval, all permits and approvals for projects not subject to the Subdivision Map Act shall be implemented within two years following the effective date, or they shall expire and be deemed void unless a Time Extension is approved consistent with Subsection D.2.040.L (Extension of Time).

2. Time Limits.
a. A Review Authority may establish a time limit that differs from the time limit contained in Subsection D.2.040.K.1 (Lapse of Permit); however, the time limit shall be based upon the size and nature of the proposed project as described in the written findings for project approval.
b. For concurrent applications, the longest time limit associated with any one permit or approval shall apply to all of the other concurrent permits. All permits associated with the approval of a tentative map shall have the same expiration date as the tentative map.

3. Implementation.
a. A permit or approval shall not be deemed implemented until the applicant has obtained a grading permit and/or building permit and commenced construction, or where no grading or building permit is required, has commenced the allowed use on the subject site in compliance with the approval. b. Construction shall be diligently pursued towards completion. If after construction commencement, work is discontinued for a minimum period of two years, the permit or approval shall expire and be deemed void.
c. If a project is phased, each subsequent phase shall have the same time limit identified for the previous phase. The time limit for a subsequent phase shall begin when the previous phase commences construction, unless otherwise specified in the permit of approval.
d. “Commence construction” shall mean any of the following, whichever occurs soonest:
(i) Completes a foundation associated with the project; (ii) Dedicates any land or easement as required from the approval; or (iii) Complies with all legal requirements necessary to commence the use or obtains a Certificate of Occupancy permit.

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Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-13

4. Lapse of Approved Use. A permit or approval for a use or activity shall be deemed to have lapsed if the following applies:
a. When the use or activity ceases operation and/ or the business closes at the permitted location for a period of at least one year; or b. In compliance with Section C.18.030 ( Nonconforming Uses) regarding nonconforming uses.

5. Renewal of an Expired Application. An approved permit or approval which has been allowed to expire shall require the filing of a new application in accordance with the procedures in Section D.2.040.B (Application Process and Fees).

L. Extension of Time.

1. Initiation. An application for a Time Extension of a previously approved permit or other approval may be initiated by the applicant who filed the original application or their successor.

2. Suspension of Expiration. The filing of a Time Extension request shall suspend the actual expiration of the permit or approval until the Time Extension has been acted upon by the Review Authority. No construction permits (e.g., grading or building permits) for the project shall be issued during the period of suspension.

3. Application Requirements. A Time Extension request shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Section.

4. Authority. The Director shall make the decision on a Time Extension.

5. Approval Procedures. After a Time Extension application has been filed with the Department, the Director shall review the application to determine whether it conforms with the provisions of this Section in accordance with Section D.2.040.D (Review of Planning Applications).

6. Findings. A Time Extension may be granted, with or without conditions, only after the following findings are made:
a. There have been no changes in circumstances, law, General Plan, or this Title that would preclude the Review Authority from making the findings upon which the original approval was based; or
b. The original conditions of approval have been modified or new conditions of approval have been imposed as deemed reasonable and necessary to ensure that the permit or approval will remain in compliance with the findings required by this Title; and
c. The applicant has made a good faith effort to implement the permit or approval and comply with any applicable conditions of approval in a timely manner.

7. Length of Time Extension. The Review Authority may grant a Time Extension for a period or periods not exceeding two years beyond the expiration date of the original permit or approval, or for as long as any subdivision concurrently approved is extended, whichever is longer.

Part D: Procedures and Administration

Page XIII-D.14 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft M. Revisions to an Approved Project. If an applicant would like to revise or modify an approved permit for a use, structure, or other project, the Director shall determine the level of revision based on criteria, as follows:

1. Minor Revisions. Minor revisions to approved plans and permits may be approved by the Director if the revisions:
a. Are consistent with the original findings and conditions of approval; b. Do not substantially expand the approved floor area, alter the number or type of dwelling unit(s), or height of a building; and
c. Would not result in any new or intensified detrimental effects, unless waived by the Director.

2. Major Revisions. Major revisions to approved plans and permits are any revisions not considered to be minor revisions. Major revisions shall be decided by the same Review Authority as the original approval, and a public hearing shall be required if a public hearing was required for the original approval.

N. Appeals. Any action by the Director, Zoning Administrator, or Planning Commission in the administration or enforcement of the provisions of this Title may be appealed in accordance with this Section. Failure to meet the deadlines and follow this procedure for appeal shall constitute a failure to exhaust administrative remedies and be sufficient grounds to reject the appeal.

1. Appeal Bodies.
a. Decisions of the Director. The Planning Commission is the appeal body for decisions of the Director unless the Zoning Administrator is specifically designated in this Title.
b. Decisions of the Zoning Administrator. The Planning Commission is the appeal body for decisions of the Zoning Administrator.
c. Decisions of the Planning Commission. The Council is the appeal body for decisions of the Planning Commission.

2. Who May File an Appeal. Any interested party may appeal a Review Authority’s decision during the appeal period.

3. Time Limits. Unless otherwise specified by law, the appeal and all documents submitted in support of the appeal, shall be filed in writing within 14 days of the date which the action was taken.

4. Procedures for Filing an Appeal.
a. Filing. An application for an appeal shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Section. b. Required Information. At minimum, the appeal shall include the following:
(i) The specific action being appealed and the reason for the appeal; (ii) A written description of the specific grounds for the appeal, including why the appellant contends the action is not in accordance with this Title, where there was an error or abuse of discretion, where the record

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Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-15 includes inaccurate information, or how a decision is not supported by evidence in the record;
(iii) A description of how the appellant requests the action be reversed or modified; and
(iv) The name, address, and telephone number of the appellant or contact person if there are multiple appellants.

5. Appeal Review. Within three working days of receipt of the appeal, the City Clerk shall examine the appeal, and if it is found to be incomplete, return it by certified mail to the appellant for revision. The a ppellant shall have five working days to file an amended appeal. Upon failure to file an amended appeal within the five-day period, the appeal shall be deemed withdrawn.

6. Appeal Hearing and Standards of Review.
a. The Director, upon the City Clerk finding the application for an appeal to be complete, shall schedule the appeal, together with City staff’s report on the appeal, for a public hearing before the appeal body in compliance with Section D.2.040.G (Public Hearings).
b. When reviewing any decision on appeal, the appeal body shall use the same standards for decision-making required for the original decision. The appeal body shall
render an independent judgment but may consider the decision being appealed and the grounds stated for the appeal. The appeal body shall consider all evidence submitted in support of the decision being appealed and, at its discretion, may also hear and consider new evidence, including testimony, that could not with reasonable diligence have been pr esented to the original Review Authority.

7. Decision on Appeal. The appeal body may affirm wholly or partly, reverse, or modify the prior decision.

Part D: Procedures and Administration

Page XIII-D.16 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Chapter D.4 Permits and Approvals
Sections:

D.4.020 Site Development Permits
D.4.030 Use Permits
D.4.040 Temporary Use Permits
D.4.050 Minor Deviations
D.4.060 Variances
D.4.070 Sign Permits
D.4.080 Sign Programs
D.4.090 Temporary Sign Permits
D.4.100 Home Occupation Permits
D.4.110 Reasonable Accommodation
D.4.120 Special Event Permit
D.4.130 Short-Term Rental Permit
D.4.010 Purpose
This Chapter provides the procedures for the preparation, filing, and processing of applications for planning permits and other entitlements required by this Title.

D.4.020 Site Development Permits
A. Purpose. The purpose of a Site Development Permit (Site Development Permit and Minor Site Development Permit) is to provide a process for the review and approval or denial of development applications for physical improvements to a site based on their scale, proximity to environmentally sensitive resource areas, or unique design features . See Chapter B.22 (“H” Hillside Combining District) for requirements and review procedures for projects within the “H” Hillside Combining District. The Site Development Perm it process is intended to encourage site and structural development which:

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

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

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

4. Encourages individual identity for specific uses and structures

5. Encourages a distinct community or neighborhood identity; and

6. Minimizes adverse visual impacts.

Part D: Procedures and Administration

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-17 B. Applicability.

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

Table D.4.020-A: Projects Requiring a Site Development Permit Project Category
Project Type and Review Authority 1
Planning Commission City Council
New nonresidential
development
Any new nonresidential development
with over 10,000 sf of new gross floor
area, except:
• Over 25,000 sf of new or expanded
gross floor area in commercial,
mixed use, or Metro Specific Plan
zones not adjacent to any
residential zone
• Over 50,000 sf of new or expanded
gross floor area in industrial zones
not adjacent to any residential
zones
Appeal Authority
New multi-family
projects or new
subdivisions with single-
family dwellings

Any new multi-family residential
projects (including attached
townhomes) with 5 or more units, or
new subdivisions with 5 or more single-
family dwellings

Appeal Authority
Single-family dwellings
and accessory structures
in the “H” Hillside
Combining District 2

Recommending Authority New construction of a single-
family dwelling or accessory
structure in the “H” Hillside
Combining District

All additions or expansions to
single-family dwellings and
accessory structures located
in the “H” Hillside Combining
District
Required by Specific
Plans or Planned Unit
Developments
Any project for which a Site
Development Permit is required
according to an applicable Specific Plan
or Planned Unit Development.

Appeal Authority
Table Notes:
1 The Review Authority (decision-making body) is indicated by the column in which the project type is described.
2 See C.2.040.D (Standards for Fences and Walls within the “H” Hillside Combining District) for the Review Authority for fences and walls in the “H” Hillside Combining District.

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Page XIII-D.18 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft

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

Table D.4.020-B: Projects Requiring a Minor Site Development Permit Project Category
Project Type and Review Authority 1
Director Zoning Administrator
New nonresidential
development

Recommending Authority
Any new nonresidential
development with up to 10,000 sf
of
new gross floor area, except:
• Up to 25,000 sf of new floor
area in commercial, mixed use,
institutional, or Metro Specific
Plan zones and not adjacent to
any residential zone
• Up to 50,000 sf of new floor
area in industrial zones not
adjacent to any residential zone

New multi-family
residential or new single-
family subdivisions
Recommending Authority
Any new multi-family residential
projects (including attached
townhomes) with 2 to 4 units, or
new subdivisions with 2 to 4 single-
family dwellings, unless the project
involves an urban lot split consistent
with MMC Section XI-1-31 (Urban
Lot Splits).

Additions/expansions to
multi-family residential,
commercial, industrial, or
mixed-use buildings
Recommending Authority
Any additions or expansions to
existing multi-family residential,
commercial, industrial, or mixed-use
buildings with a gross floor area of:
• Over 10,000 sf for multi-family
residential buildings
• Over 15,000 sf for commercial
and mixed-use buildings
• Over 50,000 sf for industrial
buildings
Over 5,000 sf (or 10% of the gross
floor area, whichever is less) for
commercial, industrial, and mixed-
use buildings adjacent to residential
zones
Additions to existing
nonresidential buildings

Additions to existing commercial
and mixed-use buildings with
new gross floor area up to
15,000 sf
Appeal Authority

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Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-19 Table D.4.020-B: Projects Requiring a Minor Site Development Permit Project Category
Project Type and Review Authority 1
Director Zoning Administrator
Additions to existing industrial
buildings with new gross floor
area up to 50,000 sf
Additions to existing
multi-family residential
buildings
Additions to existing multi-
family residential buildings with
new gross floor area up to
10,000 sf
Appeal Authority
Minor exterior changes
to existing nonresidential
buildings

Minor changes to the exterior of
existing nonresidential buildings
that require a Building Permit
(e.g., façade changes, changes in
materials, relocation of windows
and storefront doors)
Changes to exterior building
color
Addition, modification, or
removal of minor architectural
elements
Appeal Authority
New single-family
dwelling 2 Recommending Authority New construction of a single-family dwelling
Additions or alterations
to existing single-family
dwellings 2
Alterations, modifications, or
additions to existing single-
family dwellings that are below
the thresholds for Zoning
Administrator approval, unless
exempt (see Subsection
D.4.020.B.3 (Exemptions from
Site Development Permit))
Additions to existing single-family
dwellings that are greater than
100% of the existing gross floor area
Upper story additions to single-
family dwellings that are greater
than 50% of the existing gross floor
area
New accessory
structures 2

New construction of accessory
structures, unless exempt (see
Subsection D.4.020.B.3
(Exemptions from Site
Development Permit))
Appeal Authority
Accessory Dwelling Units
and Junior Accessory
Dwelling Units
Accessory dwelling units
consistent with Subsection
C.10.030.H (Minimum Standards
for ADUs Requiring a Minor Site
Development Permit)
New or converted accessory
dwelling units that do not comply
with the design standards in Section
C.10.030 (Accessory Dwelling Units
and Junior Accessory Dwelling Units)

Small Projects in the “H”
Hillside Combining
District
Building Additions:

All single-family dwellings in “H”
Hillside PUDs which specifically
allow for staff approval (refer to
Section C.18.050
Building Additions:

All single-family dwellings in “H”
Hillside PUDs which are specifically
conditioned not to require Planning
Commission or Council review for

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Page XIII-D.20 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Table D.4.020-B: Projects Requiring a Minor Site Development Permit Project Category
Project Type and Review Authority 1
Director Zoning Administrator
(Nonconforming Buildings and
Structures) regarding
nonconforming buildings). In
addition to other development
standards, the following shall
also apply:
• Existing front yard paving
shall be brought into
conformance.
• The addition shall comprise
building materials, colors
and style which
complement the existing
structure.

Color Change:

Color changes for residences
including homes within an “H”
Hillside PUD which does not
specify color choices, so long as
the proposed colors are earth
tone, muted and compatible
with the surrounding
development.
building additions (refer to Section
C.18.050 (Nonconforming Buildings
and Structures) regarding
nonconforming buildings). In
addition to other development
standards, the following shall also
apply:
• Existing front yard paving shall
be brought into conformance.

Minor Exterior Building Changes:

Minor exterior building changes as
described below, provided that the
project complements the colors,
materials and design of the building.

• Minor changes to architectural
elements which do not change
the overall design of a building.
• Windows, window awnings and
person doors which match
existing or which complement
the building facade
Fences/Walls
(Refer to Section C.2.040
(Fences, Walls, and
Hedges)) 3
Nonresidential zone or use:
• Fences between 6 and 8
feet in height within the
rear and side setback
Residential zones or uses,
and/or all other projects as
applicable:
• Minor Site Development
Permit required if a building
permit is required
Appeal Authority
Parking lots

Construction of a new parking
lot for a multi-family residential,
commercial, mixed use, or
industrial use
Appeal Authority
Required by Specific
Plans or Planned Unit
Developments
Any project for which a Minor
Site Development Permit is
required according to an
applicable Specific Plan or
Planned Unit Development
Appeal Authority

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Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-21 Table D.4.020-B: Projects Requiring a Minor Site Development Permit Project Category
Project Type and Review Authority 1
Director Zoning Administrator
All other projects
Any other project that is not
subject to a Site Development
Permit and is not exempt per
D.4.020.B.3 (Exemptions from
Site Development Permit)
Appeal Authority
Table Notes:
1 The Review Authority (decision-making body) is indicated by the column in which the project type is described.
2 Not located in the “H” Hillside Combining District.
3 See C.2.040.D (Standards for Fences and Walls within the “H” Hillside Combining District) for the Review Authority for fences and walls in the “H” Hillside Combining District.

3. Exemptions from Site Development Permit. The following projects are exempt from the requirements for Site Development Permit and are only reviewed with an application for a Building Permit, if required:
a. Multi-family and mixed -use projects that comply with the Milpitas Residential and Mixed-Use Objective Design Standards and are eligible for ministerial review consistent with state law.
b. Construction, reconstruction, alterations, improvements, and landscaping for a project developed in compliance with a previously issued Site Development Permit.
c. Any form of repair or maintenance work where the work solely involves the replacement of materials in like kind and form (e.g., re- roof, window replacement, etc.), or to any repair or maintenance work in areas not visible to the public from the public right-of-way or areas accessible to the public. d. Routine maintenance that does not result in a change in color , materials , or design.
e. Installation of landscaping no more than 2,500 square feet in an area where no other construction activity is planned.
f. Construction of fences and walls that are consistent with Section C.2.040 (Fences, Walls, and Hedges) and this Title.
g. Alterations and improvements required in whole or part to meet federal or state requirements to accommodate persons with disabilities.
h. New accessory structures that are exempt from obtaining a Building Permit. i. Accessory dwelling units that comply with the standards in Section C.10.030 (Accessory Dwelling Units and Junior Accessory Dwelling Units). j. Electric vehicle charging stations within existing parking lots provided they comply with all applicable Building Code standards and Section C.6.090 (Electric Vehicle Charging Spaces). This exemption includes the removal of landscaping to

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Page XIII-D.22 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft accommodate new electric vehicle charging station ground equipment and new lighting for the safety and security of the charging station.

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

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

E. Approval Procedures.

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

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

3. Minor Site Development Permits.
a. Zoning Administrator hearing. The Zoning Administrator shall conduct a public hearing on a Minor Site Development Permit consistent with Section D.2.040.G (Public Hearings).
b. Director decision. The Director shall approve or deny a Minor Site Development Permit in compliance with the findings provided in Subsection D. 4.020.F (Findings).

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

1. Findings for All Site Development Permits:
a. The proposed project is consistent with this Title;
b. The proposed use and project are consistent with the goals and policies of the General Plan;
c. The project will not be detrimental to public health, safety, and general welfare ; and
d. The proposed project is in compliance with the provisions of California Environmental Quality Act.

2. Findings for Specific Projects:
a. The proposed use and project are consistent with the goals and policies of any Specific Plan, if applicable.
b. The proposed siting, form, architectural style, materials, and other elements of multi-family residential and mixed-use developments are consistent with City Objective Design Standards.
c. The proposed siting, form, and architectural style of single-family residential, commercial, and industrial developments are appropriate for the project site and

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Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-23 surroundings and create a visually cohesive design, and are consistent with all applicable design standards in this Title.

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

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

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

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

D.4.030 Use Permits
A. Purpose. The purpose of a Use Permit (i.e., Conditional Use Permit (CUP) and a Minor Conditional Use Permit ( MC)) is to allow the proper integration in to the city of essential or desirable uses which nevertheless may have an impact on the surrounding environment while ensuring that the uses are, and will continue to be, appropriate for their proposed location and compatible with surrounding existing and planned uses. Use Permits are intended to facilitate uses and projects that are sensitive to the community and neighborhoods and minimize impacts on adjacent uses.

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

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

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

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

2. Minor Conditional Use Permit s. The Director is the Review Authority for Minor Conditional Use Permits, except that the Zoning Administrator is the Review Authority for the following uses when allowed with a Minor Conditional Use Permit:
a. Massage establishment (not an accessory massage establishment); b. Microbreweries;
c. Restaurants (either full service or limited service) with alcohol service unless identified as permitted (“P”) in a Metro Specific Plan zone in Table B.12.020 -A (Metro Specific Plan Zones Use Regulations);
d. Child care centers;
e. Commercial uses subject to a Minor Conditional Use Permit in the R4 (Multi - Family Very High Density Residential) Zone, including full service and limited

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Page XIII-D.24 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft service restaurants; banks/credit unions; small grocery stores; retail, limited; retail store, general merchandise; and personal services; f. General Industry uses subject to a Minor Conditional Use Permit in the MP (Industrial Park) and BPRD (Business Park Research and Development) Zones; and g. Any other use listed as “MC” in Division B (Zone Regulations).

E. Approval Procedures.

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

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

3. Minor Conditional Use Permits.
a. Zoning Administrator hearing. The Zoning Administrator shall conduct a public hearing on a Minor Conditional Use Permit consistent with Section D.2.040.G (Public Hearings).
b. Director decision. The Director shall approve or deny a Minor Conditional Use Permit in compliance with the findings provided in Subsection D.4.030.F (Findings).

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

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

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

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

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

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

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

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

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

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

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

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

D.4.040 Temporary Use Permits
A. Purpose. This Subsection establishes the procedures for the granting of Temporary Use Permits for short -term activities and uses on privately or publicly owned property with appropriate regulations to ensure that the temporary activities will be compatible with surrounding areas.

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

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

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

E. Approval Procedure.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

D.4.050 Minor Deviations
A. Purpose. The purpose of this Subsection is to enable Minor Deviations from the standards in this Title when these requests constitute a reasonable use of property but are not otherwise permissible under the strict application of this Title . An authorization to approve a Minor Deviation does not extend to making any changes in the uses permitted in any zone.

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

Table D.4.050-A: Types of Minor Deviations
Types of Minor Deviations Maximum Deviation
Reduction of a front setback 20%; except a min. of 18 ft is required for front- entry garages
Reduction of a side or rear setback 20% or 1 foot, whichever is greater An increase in allowable building height 5% or 2 ft, whichever is greater Maximum Front Yard Paved Area in the R1 Zone 10%
C. Application Requirements. A Minor Deviation application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Section.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

D.4.060 Variances
A. Purpose. In compliance with California Government Code section 65900 et seq., this S ubsection allows for Variances from the development standards of this Title , other than those that may be

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

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

D. Approval Procedures.

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

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

Nonconforming uses or developments on adjacent properties shall not be considered as grounds for the granting of a Variance.

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

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

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

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

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

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

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

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

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

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

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

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

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

D.4.070 Sign Permits
A. Purpose. This Subs ection establishes the permitting process for permanent signs (Major Sign Permit and Minor Sign Permits).

B. Applicability.

1. A Major Sign Permit is required for the following permanent signs:
a. Freestanding signs exceeding 10 feet in height;
b. Signs within the “H” Hillside Combining District; and c. Signs located o n a building or site that has been designated as a historical or cultural resource consistent with Milpitas Municipal Code Chapter XI-4 (Cultural Resources Preservation Program).

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

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

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

1. The Planning Commission is the Review Authority for Major Sign Permits, except the Council is the Review Authority for the following:
a. Signs within the “H” Hillside Combining District in compliance with Chapter B.22 ("H" Hillside Combining District); and
b. Billboard signs in compliance with Subsection C.8.050.D.2 (Billboard Signs).

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

E. Approval Procedures.

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

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

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

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

1. Findings for all Sign Permits.
a. All elements of the sign, including design, lighting, scale, width, and materials, are consistent with the intent of the General Plan and any Specific Plan, if applicable; b. The sign is consistent with Chapter C.6 (Signs) and this Title; c. The sign is consistent with any applicable Master Sign Program; d. The design, scale, and materials of the sign harmonize with the architectural design and details of the building or site it serves;
e. The design and scale of the sign is appropriate to the distance from which the sign is normally viewed;
f. The design and materials of the sign provide a contrast between the background and letters, logos, and/or graphics; and
g. If a freestanding sign is included in the application, the site and building design, scale, or location is appropriate for the use of a freestanding sign, rather than a building-mounted sign.

2. Additional Findings For Billboards.
a. The billboard will not create a hazard to vehicular or pedestrian traffic; b. All advertising on the billboard will conform to the Outdoor Advertising Act in the California Business and Professions Code section 5200-5486, as applicable, and other applicable state and federal rules and regulations; c. The billboard will result in a net positive public benefit to the City; and d. The billboard will promote economic development in the City.

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

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

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

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

D.4.080 Sign Programs
A. Purpose. The purpose of a Sign Program is to establish a method for an applicant to integrate the design and placement of signs within the overall design of a new development project or an