Milpitas City Council
March 4, 2025

Part D: Procedures and Administration

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-31 existing multi -tenant or mixed -use project. The intent is to ensure design consistency and/or compatibility among individual signs within a multi -tenant property and ensure signs are compatible with the architecture and overall aesthetics of the site and surrounding area. A Sign Program provides a clear prescription of the standards for new and existing signs on the project site and enables consistent and streamlined review, approval, and administration of existing and new signs. Approval of a Sign Program may result in the application of alternative sign standards that supersede the requirements of Chapter C.6 (Signs), except for matters of public safety.

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

1. Any new retail, mixed-use, office, or industrial complex that:
a. Is located on four or more acres;
b. Has a gross floor area of 40,000 square feet or larger; c. Includes a multi-tenant building; or
d. Has a building more than two stories high.

2. A new automobile dealership.

3. At the owner’s request, a Sign Program may be requested for the following:
a. Any existing retail, mixed-use, office, or industrial complex; b. An existing multi-tenant building;
c. An existing automobile dealership; or
d. An existing building more than two stories high.

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

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

E. Approval Procedures.

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

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

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

Part D: Procedures and Administration

Page XIII-D.32 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft F. Findings. The Review Authority may approve a Sign Program, with or without conditions of approval, only after making the following findings, based on evidence in the public record:

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

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

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

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

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

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

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

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

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

D.4.090 Temporary Sign Permits
A. Purpose. This S ubsection establishes the permitting process for Temporary Sign Permits consistent with Chapter C.8 (Signs).

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

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

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

E. Approval Procedures.

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

2. Director Decision. The Director shall approve or deny the application in compliance with the findings provided in Subsection D.2.050.I.6 (Findings).

Part D: Procedures and Administration

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-33 F. Findings. The Director may approve a Temporary Sign Permit, with or without conditions of approval, only after finding the Temporary Sign Permit to be consistent with Chapter C.8 (Signs), this Title, and any Specific Plan, if applicable.

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

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

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

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

D.4.100 Home Occupation Permits
A. Purpose. The purpose of the Home Occupation Permit is to allow for the conduct of businesses within places of residence and to prescribe the conditions under which limited nonresidential activities may be conducted when incidental to residential activities.

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

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

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

E. Approval Procedures.

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

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

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

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

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

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

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

Part D: Procedures and Administration

Page XIII-D.34 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft 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, E xtensions, and Revisions. Home Occupation Permits are subject to expiration as provided in Subsection D.2.040.K (Expiration of Permits) and may only be extended or revised as provided in Subsection D.2.040.L (Extension of Time) and Subsection D.2.040.M (Revisions to an Approved Project).

D.4.110 Reasonable Accommodation
A. Purpose. This Subsection establishes the procedures to request Reasonable Accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (“the Acts”) in the application of zoning law and other land use regulations, policies, procedures, and conditions of approval. A Reasonable Accommodation is typically an adjustment to physical design standards to accommodate the placement of wheelchair ramps or other exterior modifications to a dwelling in response to the needs of a disabled resident.

B. Applicability.

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

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

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

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

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

E. Approval Procedures.

1. Director Review. After a proposed Reasonable Accommodation application has been deemed complete, the Director shall review the Reasonable Accommodation application

Part D: Procedures and Administration

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-35 to determine whether it conforms with the provisions of this Title in accordance with Chapter D.2 (Procedures).

2. Director Decision. The Director shall make a written determination within 45 days of the application being deemed complete and either approve, modify, or deny a request for Reasonable Accommodation in compliance with Subsection D.2.040.K.6 (Findings).

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

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

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

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

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

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

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

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

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

3. Expiration, Extensions, and Revisions.
a. Reasonable Accommodations are subject to expiration as provided in Subsection D.2.040.K ( Expiration of Permits ); however, a Reasonable A ccommodation granted shall terminate if the recipient of the accommodation requested no longer resides on the property.
b. Reasonable Accommodations may only be extended or revised as provided in Subsection D.2.040.L (Extension of Time) and Subsection D.2.040.M (Revisions to an Approved Project).

D.4.120 Special Event Permit
A. Purpose. This Subsection establishes the procedures for the granting of Special Event Permits for special events with appropriate regulations to ensure that special event s will not cause any detrimental effects to surrounding properties and the community.

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

Part D: Procedures and Administration

Page XIII-D.36 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft C. Applicability.

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

2. Special Event Permit Thresholds. Special events shall be identified in accordance with the following thresholds:
a. Minor events.
(i) Fewer than 250 participants or attendees;
(ii) Takes place on a single day; and
(iii) No street closures or amplified sound.
b. Regular events.
(i) Between 250 and 1,000 participants or attendees;
(ii) Between one and four consecutive days (including set up and tear down);
(iii) With or without amplified sound; and
(iv) Block parties on a residential street (see Milpitas Municipal Code V-100-

13.05).
c. Major events.
(i) More than 1,000 participants or attendees anticipated; (ii) Between four and seven consecutive days , i ncluding set up and tear down (permits for events exceeding seven days may be granted at the Director's discretion);
(iii) With or without amplified sound; and
(iv) Requires street closures (other than block parties on a residential street).
d. Recurring events.
(i) Recurring special events (up to four events per calendar year). Applicant may request a one-time review and issuance of a Special Event Permit for events which occur up to four times per calendar year for a permissible duration of four consecutive days for each recurring event ; and
(ii) Annual events. Applicant may request a Special Event Permit good for up to three years for special e vents that will be held annually, for up to three consecutive years in the same location. The applicant must

Part D: Procedures and Administration

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-37 demonstrate that the same event location, layout, date and times are adhered to for each event.

3. Exemptions from Special Event Permit. The following activities are exempt from obtaining a Special Event Permit:
a. Activities on a street conducted by a governmental agency acting within the scope of its authorized functions.
b. A simple assembly gathering of people at a park, plaza, or paseo that is open to the public, provided that it meets the following requirements:
(i) The gathering does not meet the definition of a Minor, Regular, or Major special event as described in Subsection D. 4.120.C.2 (Special Event Permit Thresholds;
(ii) It involves fewer than 150 participants;
(iii) It does not involve the placement or use of equipment or temporary structures;
(iv) No Fire, Engineering, or Building permits are required; (v) It does not include amplified sound; and
(vi) It remains in compliance with all applicable regulations, including but not limited to the capacity limits of the applicable area of the park, pla za, or paseo.
(vii) Park rental for the purpose of a private party that is not open to the general public.
(viii) Private gatherings and parties typically held at a private residence or Community Assembly facility that do not involve amplified sound, are not incompatible with the generally intended use of the property , and have little to no impact on the neighborhood or community.
(ix) First Amendment events located in public spaces, including public parks, plazas, and sidewalks.
(x) The annual National Night Out event sponsored by the Milpitas Police Department.

D. Application Requirements.

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

2. Filing Times.
a. A complete application shall be filed not less than 70 business days before the proposed date of the special event except as provided below:
(i) For an event that requires a street closure on more than one public street, requires significant detouring which affects significant number or businesses or residences, or requires an encroachment permit from Caltrans, a Special Event Permit shall be filed not less than 180 business days before the proposed date of the special event.

Part D: Procedures and Administration

Page XIII-D.38 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft (ii) For non-exempt First Amendment events, processions , or parades (i.e., that are not exempt under Subsection D.4.120.C.3 (Exemptions from Special Event Permit)) that do not involve street closures, vehicles, floats, or use of equipment other than hand-held equipment, an application for a Special Event Permit shall be filed not less than 14 business days before the proposed date of the special event.
b. Permit applications that do not comply with the filing times in this Subsection may be subject to additional fees arising as a direct result of the late submission.

The Director shall have the authority to consider, approve, or deny any application for a Special Event Permit which is not filed according to the filing times in this Subsection.

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

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

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

F. Approval Procedure.

1. Director Review. After a proposed Special Event Permit application has been deemed complete, the Director shall review the Special Event Permit application to determine whether it conforms with the provisions of this Title in accordance with Chapter D.2 (Procedures).
a. Recurring special events. A one-time review Special Event Permit may be issued for recurring special events provided there would be no more than four events per calendar year and each event is no more than four consecutive days. Events occurring more than four times in the same location may be allowed subject to a Conditional Use Permit.
b. Annual events. A Special Event Permit may be issued for up to three years for special events that will be held annually for up to three consecutive years in the same location.

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

3. Director Decision.
a. The Director shall approve or deny the application in compliance with the findings provided in Subsection D.4.120.J (Findings) and this Subsection. b. In determining whether to approve a Special Event Permit application, no consideration may be given to the message of the event, the content of the speech, the identity or associational relationships of the applicant or its members

Part D: Procedures and Administration

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-39 or affiliates, or to any assumptions or predictions as to the amount of support or hostility which may be aroused in the public by the content of the speech or the message conveyed during the event.

G. Standards and Requirements for Special Events.

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

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

H. Conditions.

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

2. As a condition of the Special Event Permit, the permittee shall provide the Director with proof of insurance no later than 15 days prior to the special event, and the insurance shall remain in full force and effect throughout the term of the special event; however, this is not required for the following:
a. Any special event where the requirement for insurance is prohibited by law; or b. Non-exempt First Amendment events that do not present any objective, substantial risk, hazard, or danger to the public health and safety, as identified by the City Manager, who shall consider the reasonably foreseeable consequences of the event. Applicants seeking approval of non-exempt First Amendment events which, due to their design or schedule, do present an objective, substantial risk, hazard, or danger to the public health or safety, must comply with the insurance requirements and enter into a hold harmless agreement consistent with Subsection D.2.050.L.8 (Indemnification and Hold Harmless).

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

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

1. The proposed use of the property is not governed by or subject to any other permit procedures provided elsewhere in this Title or other applicable laws, rules, or regulations

Part D: Procedures and Administration

Page XIII-D.40 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft which have not been completed at the time the Special Event Permit application is submitted;

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

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

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

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

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

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

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

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

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

K. Decision and Appeals.

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

2. Appeals. The Director’s decision may be appealed as provided in Section D.2.040.N (Appeals), with the following exceptions:
a. A written request for a hearing to appeal the Director’s decision on a Special Event Permit must be received no later than 10 calendar days after the date of the decision.
b. If the decision to deny, revoke, or impose conditions on a Special Event Permit is issued five or fewer business days prior to the proposed event, notice of the decision provided to the applicant or permittee must include the time, date, and location of the appeal hearing.
c. Notwithstanding the above provisions, if a decision to deny or revoke a Special Event Permit issued for a non -exempt First Amendment event is less than 30 calendar days from the date of the proposed event, any appeal shall proceed immediately to a court of competent jurisdiction. The decision shall become final

Part D: Procedures and Administration

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-41 unless a written request for hearing is received within the time limits set forth in this Subsection.

L. Denial and Revocation.

1. Denial and General Revocation. The Director shall deny or revoke a Special Event Permit if the Director finds any of the following:
a. Fraud, misrepresentation or any false statement contained in the application for a Special Event Permit, including without limitation, in carrying out the special event in a way not consistent with the application;
b. Failure to comply with the provisions of this Subsection D. 4.120 (Special Event Permits), including applicable permit filing time;
c. Failure to comply with the conditions of the Special Event Permit, including without limitation, failure to timely pay applicable fees and City charges, provide indemnification or insurance certificate or security deposit within the times required, or failure to comply with all other permit requirements, licensing requirements, or regulations required to conduct the activities described as part of the special event in the permit application or any amendment to the application;
d. The special event venue or any substantial portion of the venue is not available due to fire, casualty, act of God, emergency maintenance activity or public emergency;
e. The proposed event will conflict with a previously scheduled event organized by the City for use of the special event venue, or with a special event or other permitted use previously approved to be held at the special event venue; f. The proposed event, as designed, will unreasonably impede, obstruct, impair, or interfere with reasonable access to adjacent properties and the applicant will not agree to redesign the proposed event so as to allow reasonable access to the adjacent properties;
g. The special event venue, including but not limited to the proposed areas for assembly or disbanding of parades, cannot physically accommodate the number of participants expected to participate and/or the items necessary or proposed to support the event;
h. The proposed activity or event will violate a federal, state, or local law or regulation; or
i. One or more of the findings specified in Subsection D.4.120.J (Findings) is not met.

2. Immediate Revocation.
a. Any Special Event Permit may be revoked on the day of the special event without prior written notice and without a hearing, if the Council, the City Manager, the Director, the Fire Marshal, or the Chief of Police determines that:
(i) Revocation is in the interest of the immediate public health or safety because of fire, casualty, act of God, or a public emergency; or

Part D: Procedures and Administration

Page XIII-D.42 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft (ii) The permittee is in violation of the provisions of this Subsection or the terms of the Special Event Permit.
b. The grounds for revocation shall be communicated at the time notice is provided.

The permittee, immediately upon receipt of the notification that the Special Event Permit has been revoked, shall cease the activity and shall commence restoring the special event venue to its condition prior to the activity.

M. Other Post Approval Procedures.

1. Final Special Event Permit Approval.
a. If the Director has issued a Conditional Special Event Permit, the permittee shall submit the final event plans and demonstrate all permit conditions have been satisfied at least 10 business days prior to the event. If the permittee does not submit verific ation that the permit conditions have been met within the applicable deadline specified in this Subsection, the Special Event Permit will be deemed revoked.
b. At the discretion of the Director an extension of the deadline for submission of final event plans or verification of permit conditions may be granted.

2. Amendment of an Approved Special Event Permit.
a. If a permittee desires to change the location, time, or duration or other significant aspect of the description of an event subject to a Special Event Permit, the permittee shall apply for an amendment to the Special Event Permit. b. A Special Event Permit amendment application must be filed with the Director no later than 15 business days in advance of the special event. c. The Director shall grant, deny, or approve with conditions, the Special Event Permit amendment no later than seven business days of receipt of the amendment application.
d. The provisions in Subsection D.4.150.K (Decision and Appeals) apply to all applications for Special Event Permit amendments.

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

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

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

D.4.130 Short-Term Rental Permit
The procedures for Short-Term Rental Permits are described in Section C.10.200 (Short-Term Rentals).

Part D: Procedures and Administration

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-43 Chapter D.6 Zoning Ordinance and Zoning Map Amendments
Sections:

D.6.010 Purpose
D.6.020 Applicability
D.6.030 Application Requirements
D.6.040 Procedures
D.6.050 Findings
D.6.060 Expiration of Application and Time Extension
D.6.070 Effective Date
D.6.010 Purpose
This Chapter establishes procedures to amend the Zoning Map, commonly referred to as a “rezone” or “rezoning”, and to amend the text of this Title in accordance with California Government Code section 65853 et seq.

D.6.020 Applicability
A. Initiation. A Zoning Map amendment or Zoning Ordinance text amendment (Zoning Amendment) may be initiated by at least one of the following:

1. Council. A majority vote of the Council;

2. Planning Commission. A majority vote of the Planning Commission;

3. Property Owner. An application from the property owner or authorized agent of the property who seeks to have their parcel rezoned. If the property is under more than one ownership, all owners or the authorized agents shall join in filing the application; or

4. Majority of Owners of Area. The owners of 50 percent or more of the area of all the property sought to be rezoned.

B. General Plan Amendment Required. Amendments to zone boundaries or the text of this Title that are not consistent with the General Plan must be accompanied by a General Plan Amendment application in accordance with Chapter D.8 (General Plan Amendments).

C. U rgency Measure. Without following the procedures otherwise required prior to the adoption of new zoning regulations , the Council may adopt an I nterim Zoning Ordinance as an urgency measure in compliance with California Government Code section 65858, in which case the standards of this Chapter shall not apply. The Interim Zoning Ordinance shall require a four-fifths vote of the Council for adoption.

D.6.030 Application Requirements
A. Filing. A Zoning Amendment application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures), and this Chapter.

Part D: Procedures and Administration

Page XIII-D.44 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft B. Responsibility. It is the responsibility of the applicant to provide the necessary information in support of the findings required by Section D.6.050 (Findings).

D.6.040 Procedures
A. Director Evaluation. After a proposed Zoning Amendment has been filed with the Department, the Director shall review the Zoning Amendment to determine whether it conforms with the provisions of this Chapter in accordance with Subsection D.02.040.D (Review of Planning Applications).

B. Public Hearings.

1. Planning Commission Hearing. The Planning Commission shall conduct a public hearing on the Zoning Amendment consistent with S ubsection D.02.040.G (Public Hearings) and shall forward a recommendation to the Council.

2. Council Hearing.
a. Council shall conduct a public hearing on the Zoning Amendment consistent with Subsection D.02.040.G (Public Hearings).
b. The Council’s action to approve the Zoning Amendment shall be by ordinance.

D.6.050 Findings
A Zoning Amendment may be approved only after all of the following findings are made, as applicable to the type of Zoning Amendment:

A. Fin dings for All Zoning Amendments.

1. The proposed Zoning Amendment is consistent with and conforms to the goals and policies of the General Plan;

2. The proposed Zoning Amendment is consistent with and conforms to the goals and policies of any Specific Plan, if applicable;

3. The proposed Zoning Amendment will not be detr imental to the public interest, health, safety, convenience, and general welfare;

4. The proposed Zoning A mendment is in compliance with the provisions of California Environmental Quality Act;

5. When considering a reduction of residential density, ensure compliance with California Government Code section 65863 by either finding that the remaining sites identified in the Housing Element are adequate to accommodate the City’s share of the regional housing need or by identifying sufficient additional, adequate, and available sites with an equal or greater density so that there is no net loss in residential density; and

6. The proposed Zoning Amendment would not result in a net loss of potential housing units.

B. Additional Findings.

1. Zoning Ordinance Text Amendments. The proposed Zoning A mendment is internally consistent with other applicable provisions of this Title.

Part D: Procedures and Administration

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-45

2. Zoning Map Amendments.
a. The affected site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire, medical, etc.) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, etc.), to accommodate the uses and development densities or intensities allowed in the proposed new zone; and
b. If located within or adjacent to residential areas, the requested zone change is compatible with the character of the residential neighborhood.

D.6.060 Expiration of Application and Time Extension
If an ordinance intended to change the zoning designation of land through a Zoning Amendment as provided in this Chapter is not adopted by a second reading within one year of the date of its introduction by a first reading, then the Zoning Amendment application shall be deemed to have expired (without notice to the applicant). The unadopted ordinance shall not then be capable of adoption by a second reading except as follows:

A. Upon recommendation of the Planning Commission, the Council may grant an extension of time for the second reading and adoption not to exceed one year subject to all of the following:

1. No more than one extension for the Zoning Amendment may be granted;

2. The extension must be granted by the Council within one year of the date of introduction of the original ordinance; and

3. The Council may impose new conditions of approval upon the Zoning Amendment.

B. The provisions of this Section shall not be construed to prevent a subsequent application for a Zoning Amendment on the same land or the subsequent introduction of a new ordinance for a Zoning Amendment to change the zone designation of the land.

D.6.070 Effective Date
A Zoning Amendment shall become effective 30 days following the date the Council adopts the ordinance.

Part D: Procedures and Administration

Page XIII-D.46 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Chapter D.8 General Plan Amendments
Sections:

D.8.010 Purpose
D.8.020 Applicability
D.8.030 Application Requirements
D.8.040 Procedures
D.8.050 Findings
D.8.060 Adoption of General Plan Amendment
D.8.010 Purpose
The purpose of this Chapter is to establish the procedures required for the adoption or amendment of the General Plan, including the General Plan land use map.

D.8.020 Applicability
A General Plan Amendment may be initiated in the same manner as a Zoning Amendment , see Section D.6.020 (Applicability).

D.8.030 Application Requirements
A General Pla n Amendment application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures), and the requirements of this Chapter.

D.8.040 Procedures
A. Director Evaluation. After a proposed General Plan Amendment has been filed with the Department, the Director shall review the General Plan Amendment to determine whether it conforms with the provisions of this Chapter in accordance with Section D.2.040.D (Review of Planning Applications).

B. Public Hearings.

1. Planning Commission Hearing. The Planning Commission shall conduct a public hearing on the General Plan Amendment consistent with Section D.2.040.G (Public Hearings) and shall forward a recommendation to the Council.

2. Council Hearing.
a. Council shall conduct a public hearing on the General Plan Amendment consistent with Section D.2.040.G (Public Hearings).
b. Modifications by Council.
(i) The Council may modify any General Plan Amendment recommended by the Planning Commission by making non -substantive changes

Part D: Procedures and Administration

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-47 without first referring the matter to the Planning Commission for a report and recommendation. However, any substantive change proposed by the Council that was not discussed by the Planning Commission shall be referred back to the Commission recommendation consistent with California Government Code section 65356 for a report and recommendation.
(ii) When the Council has referred a matter back to the Planning Commission, it shall report back to the Council within 45 days after the date of the Council referral unless the Council specifically allows for a longer period of time for the Planning Commission report and recommendation. Where action cannot be taken within 45 days by the Planning Commission, a longer period of time may be requested and the Council may at its discretion grant the request. Although no additional public hearing shall be required, the Planning Commission may at its discretion hold a public hearing prior to a report and recommendation on any matter referred to it by the Council.
c. The Council’s action to approve the General Plan Amendment shall be by resolution.

D.8.050 Findings
A General Plan Amendment may be approved only after all of the following findings are made:

A. T he proposed General Plan Amendment is internally consistent with all other provisions of the General Plan;
B. Approval of the proposed General Plan Amendment would not result in the General Plan being amended more frequently than four times per calendar year consistent with California Government Code section 65358.

C. The proposed General Plan Amendment serves the public necessity, convenience, and general welfare;
D. The proposed General Plan Amendment is in compliance with California Environmental Quality Act requirements;
E. When considering a reduction of residential density, the proposed General Plan Amendment is in compliance with California Government Code section 65863 either based on a finding that the remaining sites identified in the Housing Element are adequate to accommodate the City’s share of the regional housing need or based on identifying sufficient additional, adequate, and available sites with an equal or greater density so that there is no net loss in residential density; and F. The proposed General Plan Amendment would not result in a net loss of potential housing units.

D.8.060 Adoption of General Plan Amendment
A. A General Plan Amendment shall be adopted by resolution of the Council, in compliance with California Government Code section 65453, only after all of the findings contained in Section

Part D: Procedures and Administration

Page XIII-D.48 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft D.8.050 (Findings) are made. A General Plan Amendment shall be adopted by an affirmative vote of a majority of the total membership of the Council.

B. The Council’s action to amend the General Plan shall become effective on the actual date the Council renders the decision.

Part D: Procedures and Administration

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-49 Chapter D.10 Specific Plans
Sections:

D.10.010 Purpose
D.10.020 Applicability
D.10.030 Application Requirements
D.10.040 Procedures
D.10.050 Findings
D.10.060 Adoption of Specific Plan
D.10.070 Implementation and Amendments
D.10.010 Purpose
This Chapter establishes the procedures for the preparation, processing, and adoption of Specific Plans in accordance with California Government Code section 65450 et seq.

D.10.020 Applicability
A. When Required. When required by the Council, the General Plan, or this Title to systematically implement the General Plan for any part of the city, a Specific Plan shall be prepared, processed, approved, and implemented in compliance with this Chapter.

B. Initiation. An application for a Specific Plan may be initiated in the same manner as a Zoning Amendment, see Section D.6.020 (Applicability).

C. Effect of Specific Plan. The regulations provided by an adopted S pecific Plan shall replace those of the current or underlying zone or zones, and the development standards and /or design standards or guidelines identified in the Specific P lan shall take precedence over the general standards included in this Title and any adopted design standards or guidelines.

D.10.030 Application Requirements
A. Filing. A Specific Plan application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Chapter.

B. Required Information. An application for a Specific Plan shall be accompanied by the information and materials required in the City’s application form. At a minimum, a Specific Plan application shall include:

1. Proposed Land Uses. The distribution, location, and extent of land uses proposed within the area covered by the Specific Plan, including open space areas;

2. Infrastructure. The proposed distribution, location, extent, and intensity of major components of public and private circulation/ transportation, sewage, water, drainage, solid waste disposal, energy, utilities, and other essential facilities to be located within the Specific Plan area and needed to support the proposed land uses;

Part D: Procedures and Administration

Page XIII-D.50 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft

3. Land Use and Development Standards. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable;

4. Implementation Measures. A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the proposed land uses, infrastructure, and development and conservation standards and criteria; and

5. Relationship to General Plan. A statement of the relationship of the Specific Plan to the General Plan.

D.10.040 Procedures
A. General. A Specific Plan application shall be processed in the same manner as required for General Plans by Government Code section 65350 et seq., and consistent with this Chapter.

B. Director Evaluation. After a proposed Specific Plan application has been filed with the Department, the Director shall review the Specific Plan to determine whether it conforms with the provisions of this Chapter in accordance w ith S ubsection D.2.040.D ( Review of Planning Applications).

C. Public Hearings.

1. Planning Commission Hearing. The Planning Commission shall conduct a public hearing on the Specific Plan consistent with Section D.2.040.G (Public Hearings) and shall forward a recommendation to the Council.

2. Council Hearing. Council shall conduct a public hearing on the Specific Plan consistent with Section D.2.040.G (Public Hearings).

D.10.050 Findings
The Council may adopt a Specific Plan, with or without conditions, only after all of the following findings are made:

A. That the Specific Plan is consistent with the General Plan and other adopted goals and policies of the City;
B. The proposed Specific Plan is in compliance with California Environmental Quality Act requirements;
C. When considering a reduction of residential density, ensure compliance with California Government Code section 65863 by either finding that the remaining sites identified in the Housing Element are adequate to accommodate the City’s share of the regional housing need or by identifying sufficient additional, adequate, and available sites with an equal or greater density so that there is no net loss in residential density; and D. The proposed Specific Plan would not result in a net loss of potential housing units.

Part D: Procedures and Administration

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-51 D.10.060 Adoption of Specific Plan
A Specific Plan shall be adopted by resolution of the Council, in compliance with California Government Code section 65453, only after all of the findings contained in Section D.10.050 (Findings) are made. A Specific Plan shall be adopted by an affirmative vote of a majority of the total membership of the Council.

D.10.070 Implementation and Amendments
A. Development within a Specific Plan Area. After the adoption of a Specific Plan, subsequent projects to implement the Specific Plan may be approved or adopted within an area covered by the Specific Plan only if first found to be consistent with the Specific Plan, including public works projects or development approvals (e.g., Tentative M ap, Conditional Use Permit , Site Development Permit, etc.).

B. S pecific Plan Fee. The Council may impose a Specific Plan fee surcharge on development permits within the Specific Plan area, in compliance with California Government Code section 65456.

C. Amendments.

1. An adopted Specific Plan may be amended through the same procedure specified by this Chapter for the adoption of a Specific Plan.

2. An adopted Specific Plan may be amended as often as deemed necessary by the Council, in compliance with California Government Code section 65453.

Part D: Procedures and Administration

Page XIII-D.52 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Chapter D.12 Planned Unit Development
Sections:

D.12.010 Purpose
D.12.020 Applicability
D.12.030 Application Requirements
D.12.040 Procedures
D.12.050 Findings
D.12.060 Planned Unit Development Implementation
D.12.010 Purpose
The purpose of Planned Unit Developments is to provide for one or more properties to be developed under a plan that provides for better coordinated development and incorporates development standards crafted to respond to site conditions to:

A. Provide flexibility by allowing diversification in regulations such as building relationships, setbacks, height limitations, lot sizes, parking, and the amount and location of open space; B. Ensure substantial compliance with and implement the land use and density policies of the General Plan and any applicable Specific Plan; and
C. Allow for creative development projects that incorporate design features that are more sensitive to site conditions and provide greater amenities than would likely result from conventionally- planned development.

This Chapter establishes the procedures for the review and processing of an application for a Planned Unit Development.

D.12.020 Applicability
A. A minimum area of a Planned Unit Development shall be one acre; however, a Planned Unit Development may be adopted for an area of less than one contiguous acre upon a finding that the property is suitable as a Planned Unit Development by virtue of its relationship to adjacent parcels and their development plans (existing or proposed) or unique characteristics of the site.

B. Planned Unit Developments shall not be allowed within the Milpitas Metro Specific Plan or Midtown Specific Plan areas.

C. Development standards that are proposed to deviate from the conventional zone regulations shall be prescribed in the Planned Unit Development. Where a Planned Unit Development is silent regarding particular development standards, the development standards of the applicable base zone shall apply.

Part D: Procedures and Administration

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-53 D.12.030 Application Requirements
A. Filing. A Planned Unit Development application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures), and this Chapter.

B. Required Information. An application for a Planned Unit Development shall be accompanied by the information and materials required in the City’s application form. At a minimum, a Planned Unit Development application shall include:

1. Proposed land uses, building locations and square footage, density, and floor area ratios;

2. Proposed parks, open spaces, landscape areas, and public art;

3. Proposed pedestrian, bicycle, and vehicular circulation;

4. General Plan and zoning consistency analysis;

5. An identification of deviations requested from applicable base zone development standards and requirements;

6. An explanation or demonstration of why the requested deviation(s) would result in a more desirable development than would otherwise be permitted under the applicable base zone standards; and

7. Any significant public benefit(s) the project would provide to the community.

D.12.040 Procedures
A. Director Evaluation. After a proposed Planned Unit Development has been filed with the Department, the Director shall review the Planned Unit Development to determine whether it conforms with the provisions of this Chapter in accordance with Section D.2.040.D (Review of Planning Applications).

B. Public Hearings.

1. Planning Commission Hearing. The Planning Commission shall conduct a public hearing on the Planned Unit Development consistent with Section D.2.040.G (Public Hearings) and shall forward a recommendation to the Council.

2. Council Hearing. Council shall conduct a public hearing on the Planned Unit Development consistent with Section D.2.040.G (Public Hearings).

D.12.050 Findings
An application for a Planned Unit Development may be approved, with or without conditions, only after all the following findings are made:

A. The proposed Planned Unit Development is consistent with and conforms to the goals and policies of the General Plan;
B. The proposed Planned Unit Development will not be detrimental to the public interest, health, safety, convenience, and general welfare;
C. The proposed Planned Unit Development is in compliance with the provisions of California Environmental Quality Act;

Part D: Procedures and Administration

Page XIII-D.54 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft D. When considering a reduction of residential density, ensure compliance with California Government Code section 65863 by either finding that the remaining sites identified in the Housing Element are adequate to accommodate the City’s share of the regional housing need or by identifying sufficient additional, adequate, and available sites with an equal or greater density so that there is no net loss in residential density;
E. The proposed Planned Unit Development would not result in a net loss of potential housing units; F. The affected site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire, medical, etc.) access and public services and utilities (e.g., fire protection, po lice protection, potable water, schools, solid waste collection and disposal, etc.) to accommodate the type, scale, and intensity of proposed development;
G. If located within or adjacent to residential areas, the requested changes to base zone regulations are compatible with the character of the residential neighborhood; H. All new development standards for the proposed project that deviate from the base zoning standards are warranted by the design and amenities incorporated into the project; and I. The proposed project is demonstratively superior to the development that could occur under the standards applicable to the underlying base zone(s) and will provide superior community design, environmental preservation, and/or substantial public benefit to the community.

D.12.060 Planned Unit Development Implementation
A. After a Planned Unit Development has been a dopted by the Council, the Planned Unit Development shall be noted on the Zoning Map.

B. Plans for a project in a Planned Unit Development must be consistent with the approved Planned Unit Development plan and any conditions of approval.

Part D: Procedures and Administration

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-55 Chapter D.14 Development Agreements
Sections:

D.14.010 Purpose
D.14.020 Applicability
D.14.030 Application Requirements
D.14.040 Procedures
D.14.050 Findings
D.14.060 Execution and Recordation
D.14.070 Annual Review
D.14.080 Amendment, Modification, or Termination of an Approved Development Agreement D.14.090 Effect of Development Agreement
D.14.010 Purpose
This C hapter establishes procedures for the review of Development Agreements, in compliance with California Government Code section 65864 et seq. A Development Agreement is a mutually agreed upon contract between an applicant and the City that provides benefit to both parties. Through a Development Agreement, the City can receive greater community benefits that it could otherwise achieve under this Title, the Milpitas Municipal Code, and state law.

D.14.020 Applicability
Only an applicant who has a legal or equitable interest in the real property which is the subject of the Development Agreement, as determined in the sole discretion of the Director , may file an application to enter into a Development Agreement with the City.

D.14.030 Application Requirements
A. Filing. A Development Agreement application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Chapter.

B. Required Information.

1. All lawfully required documents, information, and materials shall accompany the application. The Director may require an applicant to submit additional information and supporting data as is necessary to evaluate and process the application.

2. An application for a Development Agreement shall be accompanied by maps, plans, reports, development and performance standards, schematic drawings, or other documents deemed necessary by the Director to sufficiently detail or illustrate intended or permitted uses and their location on the property, the density or intensity of use, and the maximum size and height of structures as appropriate to evaluate the application request. This information may be included in a Specific Plan or other type of application.

Part D: Procedures and Administration

Page XIII-D.56 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft C. Form of Agreement. Each application shall be accompanied by the form of Development Agreement acceptable to the City Attorney. All documents required, including the agreement and any attachments and exhibits, shall be suitable for recordation as determined by the City.

D.14.040 Procedures
A. Director Evaluation. After a proposed Development Agreement has been filed with the Department, the Director shall review the Development Agreement to determine whether it conforms with the provisions of this Chapter.

B. Public Hearings.

1. Planning Commission Hearing. The Planning Commission shall conduct a public hearing on the Development Agreement consistent with Section D.2.040.G (Public Hearings) and shall make a recommendation to the Council.

2. Council Hearing.
a. Council shall conduct a public hearing on the Development Agreement consistent with Section D.2.040.G (Public Hearings).
b. If the Council approves a Development Agreement, the approval shall be implemented through the adoption of an ordinance containing the findings required by Section D.14.050 (Findings).

D.14.050 Findings
The Council may approve a Development Agreement, with or without conditions, only after the following findings are made:

A. T he Development Agreement is consistent with the goals, policies, general land uses , and programs specified in the General Plan;
B. The Development Agreement is consistent with any Specific Plan, if applicable; C. The Development Agreement and accompanying development maps, plans, and other supporting information are compatible with the uses authorized in, and the performance and development standards prescribed for, the zone in which the subject parcel or site is located; D. The Development Agreement is in conformity with and will promote public convenience, general welfare, and good land use and development practices;
E. The Development Agreement shall be shown to be of greater benefit to the community than development absent the Development Agreement;
F. The term or duration of the Development Agreement has a commensurate relationship to the benefit(s) provided;
G. The Development Agreement contains the mandatory provisions specified in California Government Code section 65865.2 and any other terms required by Council; and H. The Development Agreement complies with all other applicable requirements of California Government Code section 65864 et seq.

Part D: Procedures and Administration

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-57 D.14.060 Execution and Recordation
No later than 10 days after the ordinance approving a Development Agreement takes effect , the City Manager shall execute the Development Agreement, and the City Clerk shall record the Development Agreement with the County Recorder in compliance with California Government Code section 65868.5.

D.14.070 Annual Review
A. Requirement for Annual Review. Every Development Agreement approved and executed in compliance with this Chapter shall be subject to periodic review every 12 months or less by the City during the full term of the agreement. The burden of proof shall be on the applicant, contracting party, or successor in interest to demonstrate compliance in good faith to the terms and conditions of the agreement to the full satisfaction of, and in a manner prescribed by , the City.

B. Initiation of Review. The applicant, contracting party, or successor in interest shall initiate annual review by submitting a written statement to the Director describing their good faith substantial compliance with the terms and conditions of the agreement for the prior year.

C. Fees. Appropriate fees to cover the City's cost to conduct the annual reviews shall be collected from the applicant, contracting party, or successor in interest prior to completion of each annual review. These fees may be established in the Development Agreemen t or by the City consistent with Milpitas Municipal Code Chapter IV -3 (Fee and Service Charge Revenue/Cost Comparison System).

D. Determination upon Review. The Director shall review the materials furnished by the applicant, contracting party, or successor in interest to determine upon the basis of substantial evidence whether or not the applicant has, for the period under review, complied in good faith with the terms and conditions of the Development Agreement.

1. Finding of Compliance. If the Director, based on substantial evidence, determines that the applicant is in compliance with the provisions of the Development Agreement, the Director shall deliver a report of the determination to the Council and then no further action is required.

2. Finding of Noncompliance. If the Director finds the applicant has not complied with the provisions of the Development Agreement, the Director shall issue a finding of noncompliance. The Director shall specify in writing to the applicant the respects in which the applicant has failed to comply with the Development Agreement and shall set forth terms of compliance and specify a reasonable time for the applicant to meet the terms of compliance. If the applicant does not comply with any terms of compliance with in the prescribed time limits, the Development Agreement shall be subject to termination or modification in accordance with this Chapter.

3. Appeal of D etermination. Within 10 days after issuance of a finding of noncompliance, any interested person may file a written appeal of the finding with the Council as described in Section D.2.040.N (Appeals). The appellant shall specify the reasons for the appeal. The issuance of a finding of compliance or finding of noncompliance by the Director and the expiration of the appeal period without appeal, or the confirmation by the Council of the issuance of the finding on the appeal, shall conclude the review for the applicable period. The determination shall be final.

Part D: Procedures and Administration

Page XIII-D.58 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft D.14.080 Amendment, Modification, or Termination of an Approved Development Agreement
A. A Development Agreement may be amended or canceled, in whole or in part, by mutual consent of the parties to the agreement or their successors in interest in compliance with California Government Code section 65868. The City shall have notice of the amendment, modification or termination recorded with the County Recorder's office.

B. If, upon a finding under Subsection D.14.070.D.2 (Finding of Noncompliance), the City determines to proceed with modification or termination of a Development Agreement, the City shall give notice to the applicant of its intention to do so. The procedure for modifying or terminating a Development Agreement is the same as the procedure for entering into a Development Agreement as specified in this Chapter. If the City modifies or terminates a Development Agreement i n compliance with this Chapter, the City sha ll have notice of the noncompliance recorded with the County Recorder's office.

D.14.090 Effect of Development Agreement
A. Unless otherwise provided by the Development Agreement, the rules, regulations, and official policies governing permitted uses of the land, density, design, improvement, and construction standards and specifications, applicable to development of the property subject to a Development Agreement, are the rules, regulations, and official policies in force at the time of execution of the Development Agreement.

B. Unless specifically provided in the Development Agreement, the Development Agreement does not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property under the D evelopment Agreement, nor does a Development Agreement prevent the City from conditionally approving or denying any subsequent development project application on the basis of existing or new rules, regulations, and policies.

Part D: Procedures and Administration

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-59 Chapter D.16 Reserved

Part D: Procedures and Administration

Page XIII-D.60 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Chapter D.18 Enforcement and Penalty
Sections:

D.18.010 Purpose
D.18.020 Enforcement
D.18.030 Determination of Violation
D.18.040 Penalty
D.18.050 Declaration of Public Nuisance
D.18.060 Order to Stop Work
D.18.070 Modification, Revocation, and Suspension
D.18.080 Abatement Procedure
D.18.090 Cost Recovery
D.18.100 Lien Procedure
D.18.110 Interest on Liens
D.18.120 Miscellaneous
D.18.130 Remedies Cumulative
D.18.010 Purpose
This Chapter establishes provisions for enforcement of this Title and any conditions of a permit or approval, to promote the City’s planning efforts, and for the protection of the public health, safety, and welfare. This Chapter puts all persons on notice of the proceedings and penalties involved if any provision of this Title is violated.

D.18.020 Enforcement
All departments, officials and public employees of the City are vested with the duty or authority to issue permits shall conform to the provisions of this Chapter and shall not issue a permit or license for uses, buildings, or purposes in conflict with the provisions of this Title. Any permit or license issued in confl ict with the provisions of this Title shall be null and void.

D.18.030 Determination of Violation
A. It shall be the duty of the Director to enforce the provisions of this Title on any use of land or structures, and the addition, alteration, moving, construction, erection, or reconstruction of or to any structure.

B. The Director, in consultation as needed with the Fire Chief, Building Official, Police Department, or other Code Enforcement Officials may conduct any investigation necessary to determine whether persons are complying with this Title, including the terms, conditions, mitigation

Part D: Procedures and Administration

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-61 measures, or project descriptions incorporated into any permit, approval , or clearance issued in accordance with this Title.

D.18.040 Penalty
A. It shall be unlawful for any person to violate any of the provisions of this Title. Any person convicted of violating any of the provisions of this Title shall, upon conviction, be punished by a fine not-to-exceed the sum of $ 1,000 or by imprisonment in the County Jail not to exceed six months or by both a fine and imprisonment.

B. Each day that a violation of this Title continues shall be considered a separate offense.

C. Any use of a premises or a building which deviates from or violates any of the provisions of this Title shall be termed an illegal occupancy and the person or persons responsible shall be subject to the penalties as provided in this Section.

D.18.050 D eclaration of Public Nuisance
The following is unlawful and shall be declared a public nuisance:

A. Violation of, or noncompliance with, any term, condition, mitigation measure, or project description incorporated into any permit, approval , or clearance granted in accordance with this Title.

B. Any building or structure, set up, erected, altered, built, converted, moved, reconstructed, or demolished, and any use of property contrary to the provisions of this Title.

C. Any sign or sign structure erected, constructed, maintained, marked, posted, pasted, painted, printed, altered, or repaired in violation of the provisions of this Title.

D. Any sign or sign structure after a permit or Variance has been revoked or expired and which is determined to be unsafe and so as to constitute an immediate peril to persons or property, or has been placed upon public property without written permission of the Director.

D.18.060 Order to Stop Work
A. Issuance of Stop Work Order. The Building Official may issue an order to stop work to prohibit further construction activity on any development, excavation, building, or structure on any land on which there is an uncorrected violation of a provision of this Title or of a permit or other form of authorization issued in accordance with this Title. The Building Official may also order work to be stopped in the event the activity is being conducted without having obtained a required permit or approval.

B. Serving of Stop Work Order. The Stop Work Order shall be served by posting a copy on the premises where the violation is located , or which is the subject of the permit or approval issued by the City. In addition, a copy of the Stop Work Order shall be personally served on the owner or responsible person or mailed to the owner or responsible person at the address shown on the current Department records or records pertaining to the permit or other approval issued by the City. The Stop Work Order shall become effective immediately upon posting.

Part D: Procedures and Administration

Page XIII-D.62 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft C. Correction of Violation. After posting of a Stop Work Order, no person shall perform any act in violation of the terms of the Stop Work Order, except the actions as are determined by the Director, Fire Chief, Building Official, or other Code Enforcement Official to be necessary to correct the violation or to render the premises safe and secure, until the violation has been corrected to the satisfaction of the person serving the Stop Work Order.

D.18.070 Modification, Revocation, and Suspension
A. Modifications, Revocation, and Suspension. The Council , Planning Commission, or Director may initiate the review of a permit or approval (including, but not limited to, a Conditional Use Permit, Variance, or Site Development Permit) for the purpose of deciding whether modification, revocation, or suspension of the permit or approval is needed , only after written notice of a violation or public nuisance is mailed to the holder of the permit or approval.

1. Planning Commission Action.
a. After initiation, a public hearing before the Planning Commission shall be noticed and held in compliance with Section D.2.040.F (Public Hearing Notice) and Section D.2.040.G (Public Hearings).
b. After the public hearing has been closed, the Planning Commission may modify, revoke, or suspend the permit or approval unless City Council action is required by law. See Subsection D.18.070.A.2 (Council Action) below.

2. Council Action.
a. If Council action is required by law, after the Planning Commission public hearing has been closed, the Planning Commission shall recommend to the Council, by resolution, whether the permit or approval shall be modified, revoked, or suspended.
b. Following receipt of a recommendation on the permit or approval from the Planning Commission, a public hearing before the Council shall be noticed and held in compliance with Section D.2.040.F ( Public Hearing Notice) and Section D.2.040.G (Public Hearings).
c. After the public hearing has been closed, the Council may modify, revoke, or suspend the permit or approval.

B. General Findings for Modifications/Revocation/Suspension. A permit or approval may be modified, revoked, or suspended if any of the following conditions exist:

1. Conditions of approval of the permit or approval are being violated or are not being satisfied;

2. The application contained incorrect, false, or misleading information;

3. The permit or approval is being exercised in a manner that constitutes a public nuisance; or

4. The permit or approval is being exercised in a manner which is contrary to the public health, safety, and welfare.

Part D: Procedures and Administration

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-63 D.18.080 Abatement Procedure
A. Notification of Nuisance. Whenever the Director determines that any property within the city is being maintained contrary to one or more of the provisions of this Chapter, written notice (“Notice to Abate”) shall be given to the owner/occupant(s) of the property stating the section(s) being violated. The notice shall set forth a reasonable time limit, in no event less than or equal to 30 days, for correcting the violation(s) of this Title . The Director may also set forth suggested methods of correcting the violation(s) unless he or she determines that the condition constitutes a threat to the health and safety of any person, in which event, the Director may designate a shorter time limit for correcting the violation(s) . The notice shall be served upon the owner/occupant in accordance with provisions of Section D. 18.080.D ( Notice of Hearing ), covering service in person or by mail.

B. Exception for Undue Hardship. The notice shall also inform the owner/occupant (excluding an owner acting in a capacity of landlord of rental property) that, upon written request of the owner/occupant submitted within seven days of the "Notice to Abate," the City Manager, in their sole discretion, may allow for a time limit in excess of 30 days for correcting the violation in cases where strict enforcement of the time limit would result in an undue hardship on the owner/occupant. In the written request, the owner/occupant shall state the reasons why strict enforcement of the time limit would result in an undue hardship.

C. Administrative Hearing to Abate Nuisance. In the event the owner/occupant fails, neglects, or refuses to comply with the “ Notice to Abate,” the City Manager shall conduct an administrative hearing to ascertain whether the violation constitutes a public nuisance.

D. Notice of Hearing. Notice of the administrative hearing shall be served upon the owner/occupant not less than seven days before the time fixed for the hearing. Notice of the hearing shall be served in person or by certified mail to the owner/occupant's last known address. Service shall be deemed complete at the time notice is personally served or deposited in the mail. Failure of any person to receive notice shall not affect the validity of any proceedings hereunder. The notice shall identify the date of the hearing, the conditions in violation, and the proposed method of abatement. Notice that substantially complies with the format provided below shall be deemed sufficient:

FIGURE D.18.080 -1: NOTICE OF ADMINISTRATIVE HEARING ON ABATEMENT OF NUISANCE FORMAT

NOTICE OF ADMINISTRATIVE HEARING ON ABATEMENT OF

NUISANCE

This is a notice of hearing before the City Manager to ascertain whether certain property situated in the City of Milpitas, State of California, known and designated as (PUBLIC RIGHT -OF-WAY ADDRESS HERE), in the City of Milpitas, and more particularly described as (ASSESSOR'S PARCEL NUMBER HERE) constitutes a violation or public nuisance subject to abatement in accordance with Section D.18.080 (Abatement Procedure) of the Milpitas Municipal Code. If the property, in whole or part, is found to constitute a public nuisance as defined in the Milpitas Municipal Code and if the same is not properly abated by the owner/occupant, the nuisance may be abated by municipal authorities, in which case the cost of the rehabilitation, repair, or abatement will be assessed upon the

Part D: Procedures and Administration

Page XIII-D.64 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft property and the costs, together with any accrued interest, may constitute a special assessment or lien upon the property until paid. In addition, you may be cited for violation of the provisions of the Milpitas Municipal Code and subject to an administrative fine.

Said alleged conditions consist of the following: (DESCRIPTION HERE)

The method(s) of abatement are: (DESCRIPTION HERE)

All persons having an interest in these matters may attend the hearing and their testimony and evidence will be heard to determine whether certain conditions constitute a public nuisance and whether the conditions shall be abated as a public nuisance.

Dated this _______ day of _______, 20___.

_____________________
Signature of City Manager

Time and Date of Hearing: ##/##/####
Location of Hearing: (LOCATION HERE)

E. Administrative Hearing by City Manager.

1. At the time stated in the notice, the City Manager shall hear and consider all relevant evidence, objections, or protests, and shall receive testimony relative to the alleged public nuisance and to proposed rehabilitation, repair, removal, or abatement of the property.

The hearing may be continued from time to time.

2. If the City Manager finds that a public nuisance exists and that there is sufficient cause to rehabilitate, abate, remove, or repair the public nuisance, the City Manager shall prepare findings and an order, which shall specify the nature of the nuisance, the method(s) of abatement, and the time within which the work shall be commenced and completed. A copy of the findings and order shall be served on all owner/occupants of the subject property in accordance with the provisions of Section D. 18.080.D (Notice of Hearing). In addition, a copy of the findings and order shall be conspicuously posted on the property.

The order shall include the time within which the owner/occupant shall complete the work, in no event less than 15 days.

3. In the event the owner/occupant fails to abate the nuisance as ordered, the City Manager shall cause the nuisance to be abated by City employees or private contract. The costs shall be billed to the owner/occupant, as specified in Section D.18.090 (Cost Recovery). In appropriate circumstances, the City Manager shall request the City Attorney to obtain all necessary judicial approval for entry onto the subject premises for abatement purposes.

F. Hearing Procedure Before City Manager. All hearings shall be recorded.

1. Hearings need not be conducted according to the technical rules of evidence.

2. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in California.

Part D: Procedures and Administration

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-65 Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions in courts of competent jurisdiction in this state.

3. Irrelevant and unduly repetitious evidence shall be excluded.

G. Appeal of Decision by City Manager. The decision of the City Manager may be appealed to the Council in conformance with the provisions of Milpitas Municipal Code Section I-20-5 (Appeals to Council).

H. Limitation on Filing Judicial Action. Any judicial action appealing the Council's decision and order shall be commenced within 30 days of the date of service of the decision.

I. Summary Abatement of Immediate Hazard or Obstruction. The City Manager may, without notice, abate the nuisance and recover the cost of abatement as provided in Section D. 18.090 (Cost Recovery) in the event of:

1. A nuisance defined by statute, ordinance, or resolution as a public nuisance which constitutes an immediate danger to persons or property;

2. A nuisance defined by statute, ordinance, or resolution as a public nuisance which is located or maintained on public property including, but not limited to, any public right - of-way, highway, sidewalk, easement, park, or building; or

3. Any obstruction or encroachment to free passage upon any public property (which is declared to be a public nuisance) including, but not limited to, any public right -of-way, highway, easement, sidewalk, park or building.

Summary abatement may include the temporary removal to a safe location of persons placed in immediate danger from a public nuisance. In this event, the City shall be entitled to recover all costs related to the removal, including , but not limited to, storage of possessions and rental of living accommodations, as well as any other recoverable cost provided in Section D.18.090 (Cost Recovery).

D.18.090 Cost Recovery
A. Recovery of Costs. This Section establishes procedures for the recovery of administrative costs, as well as attorneys' fees and costs, incurred by the City in the enforcement process, for the abatement of conditions defined as a nuisance or violation by Milpitas Municipal Code Chapter XI-21 (Administrative Citations).

B. Definition of Costs. For the purposes of this Chapter, "costs" shall mean administrative costs, including City staff time expended and reasonably related to nuisance abatement cases, for items including, but not limited to, investigation, site inspection and monitoring, testing, reports, telephone contacts, correspondence and meetings with affected parties, as well as all attorneys' fees incurred in accordance with any action, administrative proceeding, or special proceeding to abate the nuisance including, but not limited to, filing fees and fees for witnesses. In accordance with California Government Code section 38773.5(a), where the City seeks to recover attorneys' fees at the initiation of any action or proceeding, a prevailing opposing party may recover its

Part D: Procedures and Administration

Page XIII-D.66 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft reasonable attorneys' fees to the extent that the amount of the fees does not exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding.

C. Cost Accounting and Recovery Required. The City shall maintain records of all costs incurred by responsible City departments associated with the enforcement process in accordance with this Chapter and shall recover the costs from the property owner/occupant as provided by this Section.

D. Notice of Cost Recovery Requirements. The City Manager shall include in the "Notice to Abate" a statement of the intent of the City to charge the property owner/occupant for all costs incurred by the City if the violation is not corrected as required. The notice shall state that the property owner/occupant will receive at the conclusion of the enforcement case a summary of enforcement costs associated with the processing of the case.

E. Collection of Charges. Costs of recovery shall be recoverable as provided in this Chapter.

D.18.100 Lien Procedure
A. Record of Cost of Abatement. The City Manager shall keep an account of the costs, as defined in Subsection D.18.090.B ( Definition of Costs ), for abating the nuisance on each separate lot or parcel of land where the work is done by the City and shall render an itemized report in writing showing the cost of abatement, including the rehabilitation or repair of the property, including any related salvage value. A copy of the report shall be posted for at least five days upon the property, together with a notice of the right to appeal to the City Manager. A copy of the report and notice shall be served upon the owner/occupants of the property, based on the last equalized assessment roll or the supplemental roll, whichever is more current. If the owner/occupant of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication published in a newspaper of general circulation in the county in which the property is located. Proof of the posting and service shall be made by affidavit filed with the City Clerk. The owner/occupant shall have 30 days from the date upon which the notice is served to reimburse the City for its costs or to otherwise make arrangements for repayment, to which the City, in its sole discretion, may agree.

B. Assessment and Lien.

1. The total cost for abating the nuisance, as so confirmed by the City Manager, shall, upon failure to pay the costs as specified in Subsection D.18.100.A (Record of Cost Abatement) constitute a lien or special assessment in accordance with California Government Code section 38773.1, 38773.2, 38773.5, or 38773.6 against the respective lot or parcel of land to which it relates. After confirmation and recordation of a Notice of Special Assessment, a certified copy of the City Manager's decision shall be filed with the Santa Clara County Assessor's Office on or before August 1 of each year, whereupon it shall be the duty of the County Assessor to add the amounts of the respective assessments to the next regular tax bills levied against the respective lots and parcels of land for municipal purposes and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided of ordinary municipal taxes.

All laws applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to the special assessments. Upon recordation in the Office of the County

Part D: Procedures and Administration

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.D-67 Recorder, a Notice of Lien, as so made and confirmed, shall constitute a lien on the property and from the date of recording shall have the force, effect, and priority of a judgment lien.

2. In the alternative, after recordation, the lien may be foreclosed by an action brought by the City for a money judgment or by any other means provided by law. A Notice of Lien for recordation shall be in form substantially as follows:

FIGURE D.18.100 -1: NOTICE OF LIEN FORMAT

NOTICE OF LIEN
(Claim of City of Milpitas)

In accordance with the authority vested by the provisions of Section D.18.050 (Declaration of Public Nuisance) of the Milpitas Municipal Code, the City Manager of the City of Milpitas did on or about the _______ day of _______, 20___, cause the property hereinafter described to be rehabilitated or the building or structure on the property hereinafter described, to be repaired or demolished in order to abate a public nuisance on the real property, in accordance with an order to abate issued by on; and the City Manager of the City of Milpitas did on the _______ day of
_______, 20___, assess the cost of the rehabilitation, repair, demolition, or abatement upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that the City of Milpitas does hereby claim a lien on the rehabilitation, repair, or abatement in the amount of the assessment, to wit; the sum of $____ and the same, shall be a lien upon the real property until the same has been paid in full and discharged of record.

The real property
hereinabove mentioned, and upo n which a lien is
claimed, is that certain parcel of land lying and being in the City of Milpitas, County of Santa Clara, State of California, owned by and more particularly described as follows: (LEGAL DESCRIPTION HERE) :

Dated this _______ day of _______, 20___.

_______________________
Signature of City Manager

In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the amount of the lien, the name of the agency on whose behalf the lien was imposed, the date of the abatement order , the public right -of-way address, legal description, and the name and address of the recorded owner/occupant of the property shall be recorded by the governmental agency. A nuisance abatement and the release of the lien shall be indexed in the grantor-grantee index.

Part D: Procedures and Administration

Page XIII-D.68 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft D.18.110 Interest on Liens
A. Amount of Interest on City Liens and Assessments–Findings. The Council finds and declares that the establishment of an interest accrual requirement as to unpaid City liens and assessments upon real property which are of record with the Santa Clara County Recorder is a necessary and appropriate exercise of the Council's police power.

B. Accrual of Interest on Liens and Assessments. Unless otherwise prohibited by law or regulation, all liens and assessments which are imposed by the City against any real property located in the City that are recorded on and after the effective date of this regulation shall accrue interest at the rate of eight percent annually until the lien or assessment, including any accrued interest, is paid in full.

D.18.120 Miscellaneous
A. Alternative Actions Available; Violation and Infraction. Nothing in this Chapter shall be deemed to prevent the Council from ordering the commencement of a civil proceeding to abate a public nuisance in accordance with applicable law or from pursuing any other remedy available under applicable law. Violation of the provisions of this Chapter constitutes an infraction, as set forth in Milpitas Municipal Code Subsection I-1-4.09 (Penalty Provisions). The City Manager is designated as the enforcement authority.

B. Additional Costs of Abatement. The Council provides that a court may order the owner/occupant of property responsible for a condition that may be abated in accordance with this Chapter to pay three times the costs of abatement in accordance with California Government Code section 38773.7 upon the entry of a second civil court judgment for violation of this Chapter within a two- year period.

C. Residential Rental Housing. The notice sent to the owner/occupant of residential rental housing in accordance with Subsection D.18.080.A (Notification of Nuisance) shall contain the statement required by California Health and Safety Code section 17980 regarding the application of California Revenue and Taxation Code section 17274 and section 24436.5, which allow the Franchise Tax Board to deny state income tax deductions to taxpayers who fail to bring substandard residential rental property into compliance with this Chapter.

D.18.130 Remedies Cumulative
The remedies provided in this Chapter shall be cumulative and not exclusive and are in addition to any other remedies as provided by law. The City’s use or exercise of one remedy shall not preclude the City from using or exercising any other remedy as may be allowed by law.

City of Milpitas
PART E: Definitions
Public Review Draft

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Part E: Definitions

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.E-i Part E - Table of Contents
Chapter E.2 Definitions of Terms ...................................................................................................... 1 Chapter E.4 Definitions of Uses ...................................................................................................... 19 Chapter E.6 Definitions of Sign Terms ............................................................................................. 36

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Part E: Definitions
Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.E-1 Chapter E.2 Definitions of Terms
This Chapter provides definitions for terms that are commonly used throughout this Title.

Abandoned, Abandonment. When, for the period of time established in Chapter C.18 (Nonconforming Buildings, Structures, Uses, and Parcels) a nonconforming use is either vacated, the business license lapses, the lease is terminated, and/ or utilities are terminated.

Abate. To repair, replace, remove, destroy or otherwise remedy the condition in violation of this Title.

Abutting or Adjoining. Having a common property or zone boundary line.

Access. The place or way through which pedestrians and/or vehicles shall have safe, adequate, and usable ingress and egress to a property or use as required by this Title and the Milpitas Municipal Code.

Accessory Building. A subordinate building, whose purpose is clearly incidental to that of the main building or the use of the land, and which shall not contain living or sleeping quarters or storage for commercial vehicles in excess of three-quarter ton size. Accessory dwelling units, as defined in Chapter E.4 (Definition of Uses), are exempted from the prohibition against living and sleeping quarters. An accessory building shall be considered attached to the main building if:

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

2. It shares an integral roof structure having the same framing system and roof covering as the main building and has an exterior wall that is separated from the main structure by no more than 10 feet at any given point.

Accessory Structure. A structure subordinate to the primary use or principal building on the same lot and serving a purpose customarily incidental to the primary use or use of the principal building.

An accessory structure does not meet the definition of an accessory building. Examples include, but are not limited to gazebos, covered patios, carports, and porte-cochères.

Accessory Use. See “accessory use” in Chapter E.4 (Definitions of Uses).

Active Use. A use that attracts walk-in visitors and has a high degree of transparency from the street. Active uses include but are not limited to retail, restaurants, bars, markets, theaters, salons, yoga studios, art studios/galleries, banks, offices, and clinics. Active uses also include ground floor residential shared amenities, such as a lobby, gym, or conference room.

Adjacent. Having a common border with, or being separated from such a common border by a right- of-way, alley, or easement. Properties separated by a street, alley, intersection, or other public right-of-way (other than an elevated interstate freeway), shall be considered adjacent when their property lines would touch in any way if drawn to the center line of such street, alleyway, intersection, or other public right-of-way.

Part E: Definitions

Page XIII-E.2 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Adult-Oriented Business Terms.

Distinguished or Characterized by an Emphasis Upon. The dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas.

Escort. A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Establishment of an Adult Business. Any of the following:

1. The opening or commencement of any adult-oriented business as a new business;

2. The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business as defined in this Title;

3. The addition of any of the a dult-oriented b usinesses defined in this Title to any other existing adult-oriented business; or

4. The relocation of any adult-oriented business.

Nudity or a State of Nudity. The of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the areola or nipple, or the showing of the covered male genit als in a discernible turgid state.

Regularly Features. With respect to an adult motion picture theater, theater , or adult cabaret, a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a 30-day period, three or more occasions within a 60-day period, or four or more occasions within a 180-day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

Seminude. A state of dress in which clothing covers no more than the genitals, pubic region, and areolas of the female breast, as well as portions of the body covered by supporting straps or devices.

Specified Anatomical Areas. Any of the following:

1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breast below a point immediately above the top of the areola; or

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

3. Any device, costume or covering that simulates any of the body parts included in ( 1) or (2) above.

Part E: Definitions

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.E-3 Specified Sexual Activities. Any of the following:

1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

2. Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

3. Masturbation, actual or simulated;

4. Human genitals in a state of sexual stimulation, arousal or tumescence; or

5. Excretory functions as part of or in connection with any of the activities set forth in ( 1) through (4) above.

Alley. Any public thoroughfare which affords only a secondary means of access to adjacent property.

Allowed Use. Any use allowed in a zone and subject to the standards, restrictions, and approvals applicable to that zone and the use. Maybe a permitted use or a conditionally permitted use.

Amplified Sound. The use of any loudspeaker, public address system, amplifier, or any other device which electronically or mechanically increases the volume of the human voice, music, or any other sound.

Any Interested Party. Any person whom a Review Authority of the City finds and acknowledges as having a real and direct interest in any proceeding or action carried on, under, or as a result of the operation of, this Title.

Applicant. A person who requests in writing the approval of a permit, license, certificate, or other entitlement for use from the City. An applicant includes the owner of property for which the application is submitted or the owner’s authorized agent.

Auto. Any motor vehicle requiring a license in compliance with the California Vehicle Code.

Basement. A story of a building that is partly or wholly located underground.

Bay Window. A window or set of windows jutting out from the wall of a building, rising from the ground and forming an alcove which may or may not add additional floor area or a sitting area within.

Bedroom. Any room which meets the minimum requirements of both the Zoning Ordinance and the Building Code for a habitable room, which is constructed in such a manner that less than 50 percent of one wall is open to an adjacent room or hallway and which can be readily used for private sleeping purposes.

Bicycle Parking Space. See “parking space, bicycle”.

Block. A property so designated on an official map of the City, or the area of land bounded by streets, or by a street or streets, and railroad right-of-way, canal right-of-way, or unsubdivided acreage.

Building. A structure having a roof supported by columns or walls for the housing of, or for occupancy by, persons, animals, or chattels. Where a dwelling is separated by a division wall without openings, each portion of such dwelling shall be deemed a separate building.

Building Face or Building Façade. The outer surface of the main exterior wall of a building. For example, a building with a rectangular plan has four exterior walls and four building faces or facades.

Part E: Definitions

Page XIII-E.4 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Building Frontage. See “frontage, building”.

Building Height. The vertical distance from finished grade. See also Subsection A.6.090.A (Measuring Building Height).

Building Official. The Director of the Office of Building Safety of the City of Milpitas or designee.

Building, Principal. A building in which the primary use of the lot on which it is situated is conducted.

Cannabis Terms.

Cannabis. All parts of the plants Cannabis sativa, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. Cannabis also means the separated resin, whether crude or purified, obtained from marijuana. Cannabis includes "cannabis" as defined in the California Business and Professions Code section 26001 and in California Health and Safety Code section 11018.

Cannabis Product. Cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. Cannabis products include cannabis products as defined in Business and Professions Code section 26001.

Enforcement Authority. The Chief of Police, the City Attorney, or any other person or persons designated by the Milpitas Municipal Code or the City Manager to enforce the City’s cannabis regulations in this Title.

Indoor. Any location that is totally contained within a fully enclosed and secure private residence or accessory building located on the grounds of the private residence.

Medicinal Cannabis / Medicinal Cannabis Products. These terms shall have the same meaning as the definition set forth in Business and Professions Code section 26001.

Medicinal Cannabis Patient. Any one of the following:

Person with an Identification Card. As defined in Health and Safety Code s ection 11362.7. A person who possesses a currently valid identification card issued in compliance with Health and Safety Code Article 2.5 (commencing with section 11362.7) of Chapter 6 of Division 10.

Qualified Patient. As defined in Health and Safety Code s ection 11362.7. A person who possesses a currently valid physician's recommendation that complies with both Business and Professions Code Article 25 (commencing with s ection 2525) of Chapter 5 of Division 2 as all rules, regulations, and guidelines adopted by the Medical Board of California.

Non-Medicinal Cannabis / Non-Medicinal Cannabis Products. C annabis or cannabis products, respectively, that does not qualify as medicinal cannabis, including commercial cannabis intended to be sold for non-medicinal use by an adult 21 years of age or older pursuant to state law.

Outdoor. Any location that is not totally contained within a fully enclosed and secure accessory building or primary residence.

Primary Caregiver. The primary caregiver for a medicinal cannabis patient and shall have the same meaning as the definition set forth in Health and Safety Code section 11362.7.

Part E: Definitions

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.E-5 Car Share. A service that allows people to rent vehicles for short periods, typically through a web- based application, without needing to own a car.

Chief of Police. The Chief of Police of the City of Milpitas Police Department or designee.

City Attorney. The City Attorney of the City of Milpitas or designee.

City Clerk. The City Clerk of the City of Milpitas or designee.

City Engineer. The Director of the Engineering Department of the City of Milpitas or designee.

City Manager. The chief executive officer or manager of the City of Milpitas or designee.

City Official. An authorized officer of the City of Milpitas as appointed by the City Manager or City Council.

Civil Engineer. A person who holds a valid license in the branch of civil engineering, as defined in California Business and Professions Code section 6702.

Community Emergency Cache. A collection of disaster response supplies approved by the City's Office of Emergency Services that would benefit the surrounding community.

Compost. Safe and stable decayed organic material deriving from household or commercial waste that is beneficial to plant growth and may be used as a source of fertilizer or nutrient for plant.

Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment, office, or store.

Condominium Conversion. A change in the type of ownership of a parcel or parcels of land, together with the existing attached structures, to that defined for a condominium project or a community apartment project regardless of the present or prior use of such land and structures and whether substantial improvements have been made or are to be made to such structures.

Continuing Violation. A violation, infringement or breach of a provision of this Title that is uninterrupted and lasts for a continuous period in excess of 24 hours.

Curb Grade. The elevation of the established curb in front of the building measured at the center of such front. Where no curb grade has been established, the City Engineer shall establish such curb grade or its equivalent for the purpose of this Title.

Curb Level. See “curb grade”.

Department. The Planning Department of the City of Milpitas.

Diameter at Breast Height (DBH). The diameter of a tree’s trunk, measured 4.5 feet up the trunk from the ground.

Director. The Planning Director of the City of Milpitas or designee.

Dwelling. A building or portion of a building designed exclusively for residential occupancy, including single-family, two-family, multi-family, and accessory dwellings, but not including hotels or motels.

Dwelling Unit. A habitable room or group of habitable rooms (e.g., living room, bedroom, den, library, recreation, studio, etc.) designed for occupancy by one or more persons living as a family or single household unit with common interior access to all living, kitchen, and bathroom areas. No dwelling unit may have more than one kitchen.

Part E: Definitions

Page XIII-E.6 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Ecological Restoration Project. A project to establish or reestablish a defined, indigenous, historic ecosystem on a site where the natural, original ecosystem of has been disturbed or degraded.

Efficiency Kitchen. An efficiency kitchen includes a cooking facility with appliances, and food- preparation counter space with a total area of at least 15 square feet and food-storage cabinets with a total of at least 30 square feet of shelf space.

Effective Date. The date upon which this Zoning Ordinance, or any subsequent amendment, is in full force and effect from and after its adoption by the Council.

Electronic Smoking Device. An electronic and/or battery-operated device, the use of which may resemble smoking that can be used to deliver an inhaled dose of nicotine or other substances.

Includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, vaporizer or any other product name or descriptor.

Elevation. A scaled drawing of the front, rear, or side of a building or structure. Also, a vertical distance above or below a fixed reference level, typically above sea level.

Erosion. The wear and removal of the material in the earth's crust from one site and the deposition at another.

Family. One or more persons living together as a single household unit.

Federal Communications Commission (FCC). An independent government agency responsible for regulating the radio, TV, and phone industries. The FCC regulates all interstate communications, such as wire, satellite and cable, and international communications originating or terminating in the United States.

Finished Grade. The final elevation of the ground surface after development.

First Amendment Event. C onduct, the sole or principal object ive of which is the expression, dissemination or communication by verbal, visual, literary, or auditory means of opinion, views , or ideas. Expressive activity includes, but is not limited to, public oratory and distribution of literature.

Floor Area Ratio (FAR). The ratio of the total floor area of all buildings on a lot to the lot area. See Section A.6.080 (Determining Floor Area Ratio).

Foot-Candle. A quantitative unit of measure for luminance. One foot-candle is equal to the amount of light generated by one candle shining on one square foot surface located one foot away. It is equal to one lumen uniformly distributed over an area of one square foot.

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

Frontage, Building. The length of a building wall as measured continuously in one plane for the entire length of the subject building, excluding eaves or roof overhangs. Where a building is visible from more than one street or parking area, the building frontage with the main public entry shall be designated as the primary building frontage with all other such frontages designated as secondary.

Fully-Shielded Light Fixture. See “light fixture, fully-shielded”.

Part E: Definitions

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.E-7 Garage. Any building with a permanent roof, enclosed on three sides with a garage door on the fourth side that is built and used for the purpose of storage/parking of automobiles, recreational vehicles (RVs), or offroad vehicles.

Good Neighbor Manual. A manual prepared by the City regarding the general rules of conduct to be followed when operating a short-term rental unit.

Gross Acre. The total area within the boundaries of a legal lot or parcel, including any area proposed to be dedicated or reserved for public right-of-way. Adjacent lands already dedicated for public right-of-way, including public roadways, easements or other areas, shall not be included as part of the gross acreage.

Gross Floor Area. The total area of all floors measured from the interior faces of the building, but not including areas for parking, basements, shaft enclosures, or unroofed inner courts unless any outdoor areas are used for commercial purposes.

Habitable Space. A room designed for living, sleeping, eating or food preparation, including but not limited to a living room, bedroom, bathroom, kitchen, den, study, library, home office, craft room, or recreational room and excluding areas such as garages.

Hazardous Material. A material identified as hazardous by California Health and Safety Code section 25502(n).

Hardscape. Any durable ground cover material (pervious and impervious) used in landscape design, including but not limited to concrete, asphalt, stone, brick, and gravel.

Hosting Platform. A business or person that provides a means through which an operator may offer a dwelling unit, or portion thereof, for short-term rentals. A hosting platform is usually, though not necessarily, provided through an internet-based platform. It generally allows a property owner or tenant to advertise the dwelling unit through a website provided by the hosting platform and provides a means for potential short-term rental transients to arrange short-term rentals, whether the short-term rental transient pays rent directly to the operator or to the hosting platform.

Impervious. Any surface or material that does not allow the passage of water through the material and into the underlying soil.

Individual Property Owner. A natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. Does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp., S corp., etc.) except for a community land trust, as defined by California Revenue and Taxation Code section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation as defined by California Revenue and Taxation Code section 214.15.

Intensity. The degree to which land is used, measured by a combination of the type of land used and the amount of land or floor area devoted to that use.

Invasive Plant Species. Species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory and United States Department of Agriculture (USDA) invasive and noxious weeds database.

Kitchen. Any room, all or any part of which is designed and/or used for cooking and the preparation of food.

Part E: Definitions

Page XIII-E.8 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Landscape Architect. A person who holds a license to practice landscape architecture in the State of California, per Business and Professions Code section 5615.

Landscape Contractor. A person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

Light Fixture, Fully-Shielded. Light fixture or luminous tube constructed and mounted such that all light emitted by the fixture or tube, either directly from the lamp, tube, or a diffusing element, or indirectly by reflection or refraction from any part of the light fixture, is projected below the horizontal plane. If the lamp or tube, any reflective surface, or lens cover (clear or prismatic) is visible when viewed from above or directly from the side, from any angle around the fixture or tube, the fixture or tube is not fully shielded.

Light Fixture, Partially-Shielded. A light fixture constructed and mounted such that most light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the fixture, is projected below the horizontal plane. Light emitted at or above the horizontal direction (sideways or upwards) arises only from incidental decorative elements or strongly colored or diffusing materials such as colored glass or plastic.

Fixtures using spot or flood lamps are considered partially shielded.

Loading Area. An open area, other than a street or alley, used for the loading or unloading of vehicles.

Loading Space. An off-street space or berth on the same lot as a building, or contiguous to a group of buildings, designated for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials, and which abuts upon a street or other appropriate means of access.

Lot. A parcel, tract, or area of land established by plat, subdivision, or as otherwise allowed by law, to be used, developed or built upon.

Corner Lot. A lot situated at the intersection of two or more streets having an angle of intersection of not more than 135 degrees.

Flag Lot. A lot having frontage upon, or access via an easement to, a public or private street by a narrow, private right-of-way.

Interior Lot. A lot other than a corner lot, flag lot, or through lot.

Irregular Lot. A lot which is shaped in a way that does not match the regular pattern of the lots on a block.

Key Lot. A lot with a side lot line that abuts the rear lot line of any one or more adjoining lots.

Reversed Corner Lot. A corner lot where the street side lot line of the lot is substantially a continuation of the front lot line of the lot to its rear.

Through Lot. A lot having frontage on two parallel or approximately parallel streets.

Part E: Definitions

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.E-9 FIGURE E.2-1: LOT TYPES

Lot Dimensions. The linear measurements of a parcel of land.

Lot Area. The total horizontal area within the lot lines of a lot.

Lot Depth . T he horizontal distance between the front and rear lot lines, see Section A.6.030 (Measuring Lot Width and Depth).

Lot Width. The horizontal distance between the side lot lines, see Section A.6.030 (Measuring Lot Width and Depth).

Lot Lines. The boundary between a lot and other property or the public right-of-way.

Front Lot Line. On an interior lot, the line separating the lot from the street. On a corner lot, the shorter lot line abutting a street. On a through lot, the lot line abutting the street providing the primary access to the lot. On a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained.

Interior Lot Line. Any lot line that is not adjacent to a street.

Rear Lot Line. The lot line that is opposite and most distant from the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for establishing the minimum rear setback.

Part E: Definitions

Page XIII-E.10 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft FIGURE E.2-2: REAR LOT LINE S, IRREGULAR LOTS

Side Lot Line. Any lot line that is not a front or rear lot line.

Street Side Lot Line. A side lot line of a corner lot that is adjacent to a street.

FIGURE E.2-3: LOT LINE TYPES

Lumen. The unit used to measure the actual amount of light which is produced by a light source.

Main Building. See “building, principal”.

Major Street. A street having four or more vehicle travel lanes.

Manufacturing. The preparation, making, treatment, or processing of articles as merchandise.

Massage Establishment Terms.

Act. The Massage Therapy Act (Business and Professions Code section 4600, et seq.), as amended.

California Massage Therapy Council (CAMTC). California Massage Therapy Council established under California Business and Professions Code section 4602.

Part E: Definitions

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.E-11 Certified Massage Practitioner or Massage Practitioner. A person who is currently certified as a massage practitioner by the CAMTC in accordance with California Business and Professions Code section 4604.1 and/or 4604.2.

Certified Massage Therapist or Massage Therapist. A person who is currently certified as a massage therapist by the CAMTC in compliance with California Business and Professions Code section 4604.

Compensation. The payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value. In addition to accepting other forms of compensation, a person may be deemed to have received compensation for performing a massage when the massa ge is offered as part of a membership, as part of a package of services or as incidental to the purchase of a product.

Employee. Any person hired by a massage establishment who renders any service for the business/owner in exchange for any form of compensation from the business, including independent contractors.

Managing Officer/Employee. A person that can or does have or share ultimate control over the day-today operations of a business.

Massage. Any method of treating the external parts of the body, usually with the hands, so as to stimulate circulation and make muscles or joints supple, or relieve tension, for remedial, or health purposes offered in return for any form of compensation. Methods of massage include, but are not limited to, stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body with or without the aid of any mechanical or electrical apparatus or appliances.

Massage may occur with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or with or without other similar preparations commonly used in this practice or by baths, including but not limited to: Turkish, Russian, Swe dish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath. Massage includes the application of various manipulation or touch techniques to the muscular structure and soft tissues of the human body as defined in the Act, California Business and Professions Code section 4601(e), and recognized as legitimate by CAMTC.

Massage Technician. Includes both a massage practitioner and a massage therapist.

Off-Premises Massage Service. Any business where a function of such business is to engage in or carry on massage, not at a fixed location but at a location designated by the customer, massage technician, or other person, and sometimes known as an out-call massage service.

Owner. Any individual who has any direct or indirect ownership interest in a massage establishment.

Sole Provider. A massage business where the owner owns 100 percent of the business, is the only person who provides massage for compensation at or for that business, and has no other employees, independent contractors or rent-space massage therapists.

Micromobility Device. A small, lightweight vehicle operating at a speed typically below 15 miles per hour and driven by the individual user, such as bicycles, e-bikes, and electric scooters.

Mixed Use Development. A development that consists of vertical or horizontal combination of residential and nonresidential uses within a single building or site.

Part E: Definitions

Page XIII-E.12 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Mobile Home. A transportable structure designed to be used as a dwelling unit when connected to required utilities, as defined by California Health and Safety Code section 18008.

Mulch. Any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite, left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

Natural Land Slope. The average slope of a lot in the “H” Hillside Combining District in percent, see Section B.22.030 (Maximum Allowable Densities and Minimum Lot Sizes).

Natural Person. An individual and living human being, as opposed to a legal person which may be a private (e.g., business entity or non-governmental organization) or public (i.e., government) entity.

Nonconforming Building. A building or structure, or portion of a building or structure, lawfully existing and built in compliance with all City land use and zoning laws in effect at the time, and which does not comply with current standards in this Title, including but not limited to height, setbacks, floor area ratio, or maximum lot coverage.

Nonconforming Use. Any use of land or property that was lawfully established pursuant to all applicable ordinances and laws at the time the use commenced, but which, due to the application of this Title or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the use is located.

Occupation. A principal business, profession, or vocation in which one is regularly and habitually engaged for the purpose of compensation for a livelihood.

Openwork Design. Comprised of materials which results in a certain percentage of visual transparency within every square foot area, posts excluded.

Operator. A natural person who is the owner, lessee, or owner's agent to act on the owner's behalf to ensure compliance with this Title.

Outdoor Dining Area. Any outdoor area serving as an extension of the indoor customer seating area for a café or restaurant, which occupies space adjacent to the business that was formerly used for vehicle parking, pedestrian circulation, or similar use unrelated to the seating or customers.

Outdoor Music. Live music, both acoustic and amplified, including live individual musicians, bands, and disc jockeys (DJs), but not including karaoke, that takes place on a patio or other outdoor space.

Outdoor music as defined and regulated in this Title shall also include recorded background music played outdoors at a public establishment such as a restaurant, bar, retail store, or other business.

Owner/Occupant. Any person owning property, as shown on the last equalized assessment roll for City taxes, or the lessee tenant, or other person having control or possession of the property.

Parade. An organized group marching in procession on a street. Parades do not include races, runs or other athletic events (i.e., a physical or endurance activity such as races, runs, walkathons, bicycle tours, or similar events).

Parcel. A legal lot of record.

Parking Space, Bicycle. A space dedicated to the parking of bicycles that typically includes supports to which the bicycle may be attached.

Parking Space, Vehicle. A space within a building or a private or public parking area for the parking of one vehicle.

Part E: Definitions

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.E-13 Parkway. The area between a sidewalk and the curb or traffic lane. It may be planted or unplanted, and with or without pedestrian egress.

Partially-Shielded Light Fixture. See “light fixture, partially-shielded”.

Paseo. A mall designed and used for pedestrian passage, including adjacent sidewalks, between two or more parallel streets and which is owned or controlled by the City.

Patio. A surfaced area (concrete, brick, stone, asphalt, pavers, or similar materials) for recreational outdoor living use, not for vehicular parking purposes.

Patio Cover. A one-story roofed structure open on one or more sides (provided, however, that the open sides may be closed with insect or plastic screening that is permeable material and not in any manner that would obstruct the free passage of light or air) used for recreational, outdoor living purposes only and not as carports, storage rooms, or habitable rooms.

Permittee. A person, company, corporation, or entity that has been issued a permit including owner(s) or lessee(s) of property or their agent(s), or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this Title, or the agent(s) of such persons, and all successors in interest.

Person. Any individual, partnership, joint venture, association, social club, fraternal organization, company, joint stock association, corporation, estate, trust, organization, business, business trust, public agency, school district, the State of California and its political subdivisions or instrumentalities, receiver, syndicate or any group or combination thereof, acting as a unit, including any trustee, receiver, or assignee.

Pervious. Any surface or material that allows the passage of water through the material and into the underlying soil.

Plaza. A public square or similar open area, including adjacent sidewalks, which is owned or controlled by the City.

Primary Use. The primary purpose for which a building, structure, or lot is designed, arranged, or intended, or for which they may be used, occupied, or maintained under this Title.

Principal Building. See “building, principal”.

Private Residence. See “residence, private”.

Property. All real property and fixtures, including, but not limited to, parking lots, sidewalks, gutters, driveways, walkways, and any building and structure located on such property.

Public Right-of-Way. As defined in Milpitas Municipal Code Section V-500-1.13 (Public Right-of-Way) of the Milpitas Municipal Code, the full width of the right -of-way of any street, as defined in the California Vehicle Code used by the general public, whether or not such street has been accepted as and declared to be part of the City system of streets, including streets forming a part of the State Highway System. Public right-of -way also includes easements where the City is the grantee of the easement and property owned by the City of Milpitas or the Milpitas Redevelopment Agency and any public park, trail, or right-of-way within the City of Milpitas.

Public Transit. As defined in California Government Code section 66313(l), a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. Examples include, but are not limited to, Altamont Commuter Express (ACE), Bay Area Rapid

Part E: Definitions

Page XIII-E.14 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Transit (BART), Alameda-Contra Costa (AC) Transit, Valley Transportation Authority (VTA) bus service and light rail, and paratransit.

Public Works Director. The Director of the Public Works Department of the City of Milpitas or designee.

Recreational Area. Areas, excluding private single-family residential areas, designated for active play, recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters, or golf courses . Also, “recreation area”.

Recyclable Material. Reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with the California Health and Safety Code.

Recycled Water. Treated or recycled wastewater of a quality suitable for non-potable uses such as landscape irrigation and water features, but not intended for human consumption.

Residence, Private. A house, an apartment unit, accessory dwelling unit, a mobile home, or other similar dwelling occupied for residential purposes.

Review Authority. The body or City staff person responsible for making decisions on zoning and related applications.

Setback. The distance between a property line and a building or structure that must be kept clear or open, except for the encroachments specifically permitted by this Title. See also Section A.6.060 (Measuring Setbacks).

Front Setback. The area extending the full width of the lot as measured from, and perpendicular to, a front lot line.

Interior Side Setback. The area extending from a front setback line to a rear setback line as measured from, and perpendicular to, an interior lot line.

Street Side Setback. The area extending from a front setback line to a rear setback line as measured from, and perpendicular to, a street side lot line.

Rear Setback. The area extending the full width of the lot as measured from, and perpendicular to, a rear lot line. Also see “lot lines” (rear lot line).

Slope. See “natural land slope”.

Special Event. Any indoor or outdoor event that consists of any combination of the following:

1. A parade or assembly consisting of persons, animals, and/or vehicles, which is intended to assemble or travel in unison on any street, and which does not comply with applicable traffic regulations, laws, or controls.

2. An organized assemblage of persons at a plaza, park, or paseo, gathered for a common purpose under the direction or control of a person or organization.

3. An activity which involves blocking off a street or other use of a street which obstructs the normal street traffic.

4. An activity or event on a public right -of-way, plaza, paseo, park , or private property which involves:

Part E: Definitions

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.E-15 • The placement or erection of equipment or temporary structures, including but not limited to a booth, tent, canopy, stage, barricade, fencing, generator, heating equipment, sound amplifier, vehicle, or float;
• The use of live animals, fireworks, pyrotechnics, electrical power and/or cabling, or equipment or materials that can create a risk of damage to public or private property or injury to persons;
• Cooking or the sale, preparation for sale or commercial distribution of food or beverages; or
• The sale of commercial merchandise, excluding commercial special events and sales consistent with C.10.230.D.4 (Commercial Special Events and Sales).

5. Examples of Special Events include, but are not limited to, concerts, parades, carnivals, fairs, festivals, block parties, public dances, street fairs, community events, sporting or athletic events, parties, meals, mobile food vending events, celebrations, and receptions.

Special Event Venue. The outdoor area for which a Special Event Permit has been issued.

Specific Plan. A detailed plan for the development of a specific area as described in California Government Code section 65450. Specific plans are a tool to implement the General Plan. A specific plan documents the proposed distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, parks, and other essential facilities proposed to be located within or needed to support the land uses described in the plan, as well as implementation and financing methods and added benefits to the City and the community.

Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and ceiling next above it.

Street. A permanently reserved thoroughfare which affords principal means of access to abutting property.

Structural Alteration. Any change which would tend to prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams, or girders.

Structure. Anything constructed or erected, which requires location on the ground or is attached to something having a location on the ground.

Turf. A groundcover surface of mowed grass. Turf may be natural (e.g., annual bluegrass, Kentucky bluegrass, perennial ryegrass, Bermudagrass, Kikuyu grass, seashore Paspalum) or synthetic.

Two-unit Project. The development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot. Also known as an “SB 9 unit” (see California Government Code section 65852.21).

Universal Design. An environment, or dwelling unit, designed and built to be accessed and used by all persons, regardless of ability or mobility.

Usable Open Space. Any outdoor open space, consistent with Section C.2.090 (Open Space), and which is not used as storage or for movement of motor vehicles.

Urban Lot Split. The subdivision of an existing, legally subdivided lot into two lots as allowed by Milpitas Municipal Code Section XI-1-31 (Urban Lot Splits).

Part E: Definitions

Page XIII-E.16 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Use. The purpose for which land or a building is arranged, designed or intended, or for which either land or building is or may be occupied or maintained.

Use, Allowed. See “allowed use”.

Use, Primary. See “primary use”.

Valley Transportation Authority (VTA). The Santa Clara Valley Transportation Authority.

Vehicle Parking Space. See “parking space, vehicle”.

Walkway. A created surface, such as brick, stone, concrete, asphalt, pavers or similar material, intended to facilitate pedestrian or bicycle passage, and not used for vehicular parking purposes.

Wireless Telecommunications Terms.

Antenna. Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is operated or operating from a fixed location.

Base Station. A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this subpart or any equipment associated with a tower. • The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. • The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small -cell networks).
• The term includes any structure other than a tower that, at the time the relevant application is filed with the state or local government, supports or houses equipment described above that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing the support. • The term does not include any structure that, at the time the relevant application is filed with the state or local government, does not support or house equipment described in above.

Colocation. Mounting or installing a wireless telecommunication facility on a pre -existing structure; and/or modifying a structure for the purpose of mounting or installing a wireless telecommunications facility on that structure. For the purposes of eligible facilities requests, colocation means the mounting or installation of transmission equipment on an existing tower or base station.

Commercial Wireless Communication Facility. A wireless communication facility operated by a for- profit business or for-profit purposes.

Eligible Facilities Request. Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:
• Colocation of new transmission equipment;

Part E: Definitions

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.E-17 • Removal of transmission equipment; or
• Replacement of transmission equipment.

Fixed Wireless Signal. Any commercial non-broadcast communications signals transmitted via wireless technology to and/or from a fixed customer location. Fixed wireless signals do not include, among other things, AM radio, FM radio, amateur (“HAM”) radio, CB radio, and Digital Audio Radio Service (DARS) signals.

Hub or Relay Antenna. Any antenna that is used to receive or transmit fixed wireless signals for the distribution of fixed wireless services to multiple customer locations as long as the antenna serves a customer on whose premises it is located but excludes any hub or relay antenna that is used to provide any telecommunications services or services that are provided on a commingled basis with telecommunications services.

Lattice Tower. A type of tower; a three - or more-legged structure designed and erected on the ground to support wireless telecommunication antennas and connecting appurtenances.

Monopole. A type of tower; a structure of single pole (non-lattice) design and erected on the ground to support wireless telecommunications antennas and connecting appurtenances.

Noncommercial Wireless Communication Facility. A wireless communication facility operated by a government agency, a nonprofit organization, a for -profit business for nonprofit purposes or a private citizen for personal use. This use includes all amateur radio facilities.

Satellite Dish or Non-Satellite Dish . A sub-type of antenna incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia shaped, and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, Television Receive Only (TVROs), and satellite microwave antennas.

Small Wireless Facilities. Facilities that meet each of the following conditions:
• The facilities:
- Are mounted on structures 50 feet or less in height including their antennas as defined in this Section;
- Are mounted on structures no more than 10 percent taller than other adjacent structures; or
- Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; • Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna), is no more than three cubic feet in volume; • All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; • The facilities do not require antenna structure registration under 47 C.F.R. section 17.4; • The facilities are not located on Tribal lands, as defined under 36 C.F.R. section 800.16(x); and
• The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. section 1.1307(b).

Part E: Definitions

Page XIII-E.18 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Stealth Design . Improvements or treatments added to a wireless telecommunication facility which are intended to make the facility look like something other than a wireless tower or base station or to mask or blend the proposed facility into the existing structure or vis ual backdrop, in such a manner as to render it minimally visible to the casual observer.

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

Telecommunication Facility, Major. A communication facility that, due to size, scale, location, or other characteristics, is likely to have some detectable impact on adjacent uses or on the environment, including aesthetic or visual impacts, or that may have a cumulative impact citywide or on the regional environment due to the number of sites included or in combination with other projects. This definition includes freestanding antenna structures, including monopoles and towers, or the placement of a networ k of wireless communication facilities throughout an area onto existing structures, or other facilities which, as determined by the Director, warrant this classification.

Telecommunication Facility, Minor. A communication facility which by its size, scale, location, design, or combination of such measures, allows the facility to be aesthetically integrated into the surrounding environment so as not to be readily seen or recognized as a communication facility and is not likely to have some detectable impact on adjacent uses or on the environment.

Tower. Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

Yard. See “setback”.

Zone. A specifically delineated area in the city within which regulations and requirements in this Title uniformly govern the use, placement, spacing, and size of land and buildings.

Zoning Administrator. The person designated to perform the duties and exercise the powers of the Zoning Administrator as set forth in this Title, or designee.

Part E: Definitions

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.E-19 Chapter E.4 Definitions of Uses
This Chapter provides definitions for all uses established in the use tables in Part XIII-B (Zone Regulations).

Accessory Dwelling Unit (ADU). As defined by California Government Code section 66313, an ADU is an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence.

An ADU also includes an efficiency unit as defined in California Health and Safety Code section 17958.1 and a manufactured home as defined by California Health and Safety Code section 18007.

Junior Accessory Dwelling Unit (JADU). As defined by California Government Code section 66313, a JADU is a residential unit that is consistent with the following:
• Is no more than 500 square feet in size;
• Is contained entirely within an existing or proposed single-family structure; • Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed primary dwelling; and
• Includes an efficiency kitchen.

Accessory Use. A use that is customarily associated with, and is incidental and subordinate to, the primary use and located on the same lot as the primary use.

Adult-Oriented Businesses. An adult-oriented business use includes any of the following:

Adult Arcade. Any place to which the public is permitted or invited, wherein coin-operated, currency-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, television sets, monitors, receivers, transmitters, video cassette players or other images pr oducing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting, describing or relating to specified sexual activities or specified anatomical areas.

Adult Bookstore. An establishment that has 30 percent or more of its stock in books, visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.

Adult Cabaret. A nightclub, restaurant, or similar business establishment which:
• Regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or
• Which regularly features persons who appear seminude; and/or • Shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Part E: Definitions

Page XIII-E.20 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Adult Hotel/Motel. A hotel or motel or similar commercial establishment which:
• Offers public accommodations, for any form of consideration, which provide patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this sexually oriented type of material by means of any off -premises advertising including but not limited to newspapers, magazines, pamphle ts or leaflets, radio or television; and
• Offers a sleeping room for rent for a period of time that is less than 10 hours or allows a tenant or occupant of a sleeping room to sub -rent the room for a period of time that is less than 10 hours, or rents any single room more than twice in a 24-hour period.

Adult Motion Picture Theater. A business establishment in which for any form of consideration, films, motion pictures, video cassettes, video tapes, laser discs, slides or similar photographic or electronic reproductions are regularly shown and 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult Theater. A theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

Escort Agency. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

Advanced Manufacturing. The use of innovative technologies to create existing and new products or to improve products and processes. Advanced manufacturing focuses on the rapid transfer of science and technology into production activities and may incorporate high technology elements such as information, automation, computation, software, sensing, artificial intelligence, machine learning, and networking. Advanced manufacturing may include storage space for raw materials and/or finished goods that actively supports the primary use.

Agriculture. See “cultivated agriculture.”
Agricultural Processing Plant, Commercial. Facility that transforms, processes, and packages livestock or livestock products, or agricultural commodities, into goods that are used for intermediate or final consumption including goods for nonfood use. Includes animal slaughter.

Agricultural Supply Sales. An establishment or place of business primarily engaged in the retail or wholesale sale from the premises of farm supply, feed, grain, fertilizers, pesticides, and similar goods as well as the provision of agriculturally related services with incidental s torage on a lot other than where the service is rendered.

Animal Care and Services. Retail sales and/or services related to the boarding, grooming, and care of household pets.

Kennel. Facilities for keeping, boarding, training, breeding, or maintaining for commercial purposes, four or more dogs, cats, or other household pets more than four months of age and not owned by the kennel owner or operator for 24 hours or more.

Pet Day Care and Sales. Facilities for providing non- medical care for four or more dogs, cats, or other household pets not owned by the pet day care owner or operator, included but not limited

Part E: Definitions

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.E-21 to grooming services, on a less than 24-hour basis. This use includes retail sales of household pets and pet supplies, but excludes pet supply stores that do not sell animals or provide on-site animal services. Also excludes home-based pet day care services for a fee, such as dog walking services.

Veterinary Clinic. Medical care for household pets on a commercial basis with no overnight (24 - hour) accommodation of animals.

Veterinary Hospital or Services. Medical care for household pets on a commercial basis with 24 - hour accommodation of animals, but does not include kennels. Also includes overnight (24-hour) accommodation of small animals for grooming services.

Animal Husbandry. The care and raising of large livestock, including horses, cattle, swine, goats, sheep, alpacas, and similar animals. This includes any animal-related production uses incidental to the foregoing, such as grazing, grooming, shearing, and milking, but excludes animal slaughter, meat cutting and packing, stockyards or the commercial feeding of garbage or offal to swine or other animals.

Assembly. See “community assembly”.

Auto Broker. An auto dealer or auto buying service as defined in California Vehicle Code section 166, who engages in the business of arranging, negotiating, assisting, or effectuating the purchase of a new or used motor vehicle, not owned by the dealer, on behalf of another. This use is limited to office work and does not include storage or parking of vehicles onsite.

Boarding House. An establishment where housing is provided for compensation, generally for stays of more than 30 days, for up to eight persons. Boarding houses typically have individual rooms for guests, shared bathroom facilities, and a single common kitchen. Meals may be served for guests and included as part of the cost of lodging.

Breweries, Distilleries, and Wineries. An establishment engaged in the brewing, distilling, and production of beer, wine, or other spirits. Tasting rooms that are accessory and subordinate to a brewery, winery, or distillery may be included in this use. This use does not include microbreweries.

Cannabis Uses. A cannabis use includes any of the following:

Cannabis Cultivation. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

Cannabis Delivery. The commercial transfer of cannabis or cannabis products to a customer.

Cannabis delivery also includes the use by a cannabis retailer of any technology platform that enables customers to arrange for or facilitate the commercial transfer by a licensed retaile r of cannabis or cannabis products. Whether made directly by the individual or entity or indirectly through a third -party service or other intermediary, an offer to deliver includes any communication, action, or conduct that could be reasonably understood to convey a willingness to engage in cannabis delivery irrespective of the person or entity's actual or specific intent and includes advertisements, websites, or other media making the same suggestion.

Cannabis Delivery Service / Delivery Service. Any person or entity engaged in cannabis delivery or attempting or offering to engage in cannabis delivery.

Cannabis Distribution. The procurement, sale, and transport of cannabis and cannabis products and any other activity allowed under the State distributor license(s), including, but not limited to, cannabis storage, quality control and collection of State cannabis taxes.

Part E: Definitions

Page XIII-E.22 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Cannabis Manufacture. To compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. Cannabis manufacture includes the production, preparation, propagation, or compounding of manufactured cannabis, or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages medical cannabis or cannabis products or labels or relabels its container.

Cannabis Microbusiness. Commercial cannabis business that must engage in at least three of the following commercial cannabis activities: cultivation, manufacturing using nonvolatile solvents, distribution, and/or retail.

Cannabis Retailer. Facility where cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products as part of a retail sale or conducts sales exclusively by delivery. The term cannabis retailer includes any nonprofits that may be licensed under Business and Professions Code section 26070.5. For purposes of this Title, cannabis retailer also includes medical cannabis dispensaries, patient collectives and cooperatives operating, or proposing to operate, in accordance with the California Health and Safety Code section 11362.5 and/or the California Health and Safety Code section 11362.7 et seq., as may be amended.

Cannabis Testing Laboratory. A facility, entity, or site that offers or performs tests of cannabis or cannabis products.

Commercial Cannabis Use. Includes all cannabis cultivation, cannabis manufacture, cannabis distribution, cannabis testing laboratories, cannabis microbusinesses, cannabis retailers, cannabis delivery, and sale of cannabis and/or cannabis products, whether intended for medical or a dult use, and whether or not such activities are carried out for profit. Commercial cannabis uses includes commercial cannabis activity as defined in California Business and Professions Code section 26001, and includes any activity that requires, or may require in the future, a license from a State licensing authority in accordance with California Business and Professions Code section 26000-26325, as may be amended. Commercial cannabis use does not include those activities allowed for personal use by persons 21 years of age or older, without any compensation whatsoever, in strict accordance with California Health and Safety Code section 11362.1 and does not include the activities of a qualified patient or a primary caregiver that are exempt from State licensure in accordance with California Business and Professions Code section 26033.

Personal Cultivation. Cannabis cultivation for a natural person's own personal use and possession in accordance with the Milpitas Municipal Code and state law, including but not limited to California Health and Safety Code section 11362.1 and 11362.2, as may be amended, and such person does not sell or distribute cannabis to any other person. Personal use also means and includes cultivation of medical cannabis conducted by a qualified patient exclusively for personal medical use, and cultivation conducted by a primary caregiver for the personal medical purposes of no more than five specified qualified patients for whom they are the primary caregiver, in accordance with state law, including California Health and Safety Code section 11362.7 and 11362.765, as may be amended. Except as defined in this Title, personal cultivation does not include, and shall not authorize, any cultivation conducted as part of a business or commercial activity, including cultivation for compensation or retail or wholesale sales of cannabis.

Caretaker’s Residence. A dwelling unit occupied by employees or caretakers of the primary use on the site.

Part E: Definitions

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.E-23 Cemetery. Land used for the burial of the dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries only when operated in conjunction with and within the boundary of such cemetery.

Child Care. A child care use includes any of the following:

Child Care Center. Establishments providing non-medical care for children on a less than 24-hour basis other than large/small family child care homes. This classification includes licensed nursery schools, preschools, and day care facilities for children, and any other day care facility licensed by the State of California. This use does not include after school program, summer camp, and tutoring facilities.

Large Family Child Care Home. As defined by Health and Safety Code section 1596.78, a home in which the provider regularly provides care, protection, and supervision for up to 14 children for less than 24 hours per day.

Small Family Child Care Home. As defined by Health and Safety Code section 1596.78, a home in which the provider regularly provides care, protection, and supervision for eight or fewer children for less than 24 hours per day.

Civic/Government. Governmental facilities not otherwise included in other land use types, such as court facilities and post offices, together with storage and maintenance of City and public agency vehicles.

Commercial Fueling Facility. See “fueling facility, commercial”.

Commissary or Catering. A fixed-location kitchen where food is stored and prepared for off-site vending or delivery. Commissaries may include shared-use commercial kitchens, private commercial kitchens, restaurant kitchens, and kitchens associated with civic and community organizations such as churches or social clubs. Also, includes catering service establishments.

Community Assembly. A facility for public or private meetings including clubs and lodges, community centers, senior centers, religious assembly facilities, convention centers, civic and private auditoriums, union halls, meeting halls for clubs and other membership organizations. This includes functionally related facilities for the use of members and attendees such as kitchens, multi- purpose rooms, and storage. It does not include gymnasiums or other sports facilities (see indoor sports and recreation) or facilities such as day care centers and schools, which are separately defined.

Major. Community assembly use that is over 2,000 gross square feet and has capacity for more than 200 seats.

Minor. Community assembly use that is 2,000 gross square feet or less and has capacity for no more than 200 seats.

Community Garden. Use of land for the cultivation, growing and harvesting of vegetables, herbs, flowers, and fruits, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity. Community gardens are typically owned and operated by public or non-profit agencies, and each garden plot is used and kept by an individual or a household. Excludes animal keeping or animal husbandry.

Construction Yard and Equipment Rental. Storage of construction materials or equipment on a site other than a construction site. Includes rental of large construction equipment and machinery. This classification may include parking/storage of contractor vehicles.

Part E: Definitions

Page XIII-E.24 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Correctional Facility. A facility where people are held, generally as punishment for various crimes.

This includes the detention/incarceration of people awaiting trial and/or who have been convicted of civil or criminal offenses; inmates and detainees under 24-hour supervision by the California Department of Corrections and Rehabilitation; and juvenile detention facilities. This use also includes parole offices.

Court Dwelling. See “dwelling, court”.

Cultivated Agriculture. The planting, growing, and harvesting of crops or plants, or the preparation of land for this purpose, of more than one-half acre of land for viticulture, horticulture, pasturage, floriculture, or similar farming where a crop or final product is produced (but not necessarily offered for sale) for consumption. This use excludes community gardens.

Custom and Artisan Manufacturing. An establishment primarily engaged in on-site production of goods by hand manufacturing or artistic endeavor, which involves only the use of hand tools or small mechanical equipment and the incidental direct sale to consumers of only those goods produced on site. Includes, but is not limited to metalworking, pottery and ceramic studios, film processing, photo finishing, printmaking, lithography, glass furnace, or woodworking.

Data Center. A facility dedicated to the storage of computer and information technology systems and associated components for the storage, retrieval, and transmittal of electronic information.

Drive-Through Facility. A motor vehicle drive-through facility which is a commercial building or structure or portion thereof which is designed and/or used to provide goods and services to drivers while they remain seated in their vehicles. It includes, but is not limited to, banks and other financial institutions, fast food establishments, and pharmacies, but shall not include drive-in movies, service stations, or car wash operations.

Dwelling, Court. A residential development in which there are several freestanding single-family or two-family dwellings with separate walls clustered on a single lot. Units are typically arranged to face around a common open space or drive aisle. If subdivided, a maintenance agreement or homeowners association may govern common areas like driveways or open space.

Dwelling, Multi-Family. A building containing three or more dwelling units.

Dwelling, Single-Family. A dwelling unit designed for occupancy by one household, where all rooms are internally connected and internally accessible via habitable space, located on a separate lot from any other unit (except accessory dwelling units, where permitted), and have only one kitchen. This includes individual manufactured housing units installed on a foundation system pursuant to California Health and Safety Code section 18551, and the use of a single-family residential structure as employee housing for six or fewer employees consistent with California Health and Safety Code section 17021.5.

Dwelling, Two-Family. A residential building containing two dwelling units, both of which are located on a single parcel. The dwelling units are attached and may be located on separate floors or side-by-side. Excludes accessory dwelling units (see “accessory dwelling unit”).

Eating and Drinking Establishment. Businesses primarily engaged in serving food and/or beverages for consumption on or off the premises.

Bar or Nightclub. Businesses serving beverages for consumption on the premises as a primary use, including serving alcohol such as beer, wine, and spirits. Dancing and live entertainment may also be conducted within the establishment. This use does not include microbreweries. See “ food

Part E: Definitions

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.E-25 preparation” for tasting rooms that are accessory and subordinate to a brewery, winery, or distillery.

Microbreweries. A limited production brewery where beer is brewed, sold, and consumed on site and meets all applicable California Department of Alcoholic Beverage Control regulations . This use includes tasting rooms where alcoholic beverages are sold and consumed on site. Food service is subordinate to the sale of alcoholic beverages.

Mobile Food Park. See “mobile food vending”.

Mobile Food Vending (Individual Vehicle). See “mobile food vending”.

Restaurant. See “restaurant”.

Educational Institution. An educational institution use includes any of the following:

College/University, Private. A private college or university, excluding trade or vocational schools.

School, Private. A private institution of learning for students offering instruction in those courses of study required by the California Education Code and maintained in compliance with the standards set by the State Board of Education. This use includes kindergarten, elementary school, middle or junior high school, or high school.

School, Public. A public institution of learning for students offering instruction in those courses of study required by the California Education Code and maintained in compliance with the standards set by the State Board of Education. This use includes kindergarten, elementary school, middle or junior high school, and high school.

Trade and Vocational School. An establishment where postsecondary education or training is received in a trade or craft, business, commerce, language, or other similar activity or occupational pursuit that is not otherwise described as a college/university, school, or instruction services. This use includes culinary schools.

Elderly and Long-term Care. Establishment that provides 24-hour medical, convalescent, or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves, and is licensed by the California Department of Public Health. Includes, but is not limited to skilled nursing facilities, rest homes, and convalescent hospitals. Does not include a residential care facility or hospital.

Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay as set forth in the California Health and Safety Code section 50801(e), as may be amended.

Employee/Farmworker Housing. As described in California Health and Safety Code section 17021.6 and 17008, any employee housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household.

Entertainment and Recreation, Commercial. This use type refers to establishments or places of business primarily engaged in the provision of sports, entertainment, or recreation for participants or spectators.

Commercial Athletic Facility. A facility for physical fitness training or athletic type games and sports, such as but not limited to, health clubs , tennis, gymnasiums, handball courts, racquetball courts; also including ancillary uses when incidental to the primary use, such as but not limited

Part E: Definitions

Page XIII-E.26 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft to, steam baths, weight training, aerobic classes, massage, saunas, and the retailing of athletic supplies to be used in the facility.

Indoor Entertainment. Predominantly spectator uses conducted within an enclosed building.

Typical uses include movie theaters, enclosed sports arenas, live performing arts venues, escape rooms, and video game activities and competitions such as e-sports.

Indoor Sports and Recreation. Predominantly participant sports conducted within an enclosed building. Typical uses include indoor bowling alleys, billiard parlors, ice and roller skating rinks, go-kart tracks, indoor shooting ranges, and trampoline parks. Excludes operations where activities are primarily class- or appointment-based such as yoga studios and personal trainers.

Outdoor Entertainment. Predominantly spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include outdoor theaters, partially enclosed sports arenas, racing facilities, outdoor concert facilities, amphitheaters, drive-in movie theaters, aquatic parks, and amusement parks.

Outdoor Sports and Recreation. Predominantly participant sports conducted in open or partially enclosed or screened facilities. Typical uses include commercial driving ranges, outdoor shooting and/or archery ranges, miniature golf courses, golf courses, outdoor go -karts, swimming pools, and tennis courts. This use excludes public golf courses, public swimming pools, and public tennis court or other public sport court facilities (e.g., basketball, pickleball, etc.) (see “park/playground”); and excludes commo n recreational facilities as accessory to a multi -family residential project or use.

Farmers’ Market. An establishment offering for sale produce, prepared food items, and other artisan/craft goods and merchandise by certified growers and producers authorized to sell, directly to consumers, products that are produced on land the producer controls or taken in consignment from other producers. Excludes flea markets.

Financial Institution. A financial institution use includes any of the following:

Bank and Credit Union. Financial institutions, including federally -chartered banks, savings associations, industrial loan companies, and credit unions that provide retail banking services to individuals and businesses. Includes only those institutions engaged in the on -site circulation of money, and whose deposits are insured by the state or federal government and/or a state or federal sponsored entity, including credit unions.

Check Cashing Business. Establishments that, for compensation, engage in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose.

This classification also includes the business of deferred deposits, whereby the check cas her refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in Civil Code section 1789.33. Check cashing businesses do not include state or federally chartered banks, savings associations, credit unions, or industrial loan companies. They also do not include retail sellers engaged primarily in the business of selling consumer goods, such as consumables to retail buyers, that cash checks or issue money order incidental to their main purpose or business.

Pawnbroker. A p lace of business where personal property is received and for which money is advanced, with the right of privilege granted to the person to whom said money is advanced to reclaim such property upon repayment of said money.

Part E: Definitions

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.E-27 Fleet-Based Service. Passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of three or more vehicles. This includes parking, dispatching, and offices for taxicab and limousine operations, ambulance services, non-emergency medical transport, home cleaning services, pedicab services, and similar businesses. This does not include towing operations (see “vehicle storage”), taxi or delivery services with two or fewer fleet vehicles on-site (see “business support services”), facilities that handle third party goods for local or worldwide delivery (see “freight and trucking yard”) or last mile parcel processing/redistribution facilities (see “parcel hub”).

Food and Beverage Processing and Preparation. Cooking, processing, packaging, bottling, and shipping of food products and/or non-alcoholic beverages for off-site sales. This does not include breweries, wineries, and distilleries; the slaughtering of live animals; or large-scale operations (see “commercial agricultural processing plant”).

Food and Beverage Retail Sales. Retail sales of food and beverages for off-site preparation and consumption.

Alcoholic Beverage Sales. Any beverage sales use that includes the sale of alcoholic beverages for off-premise consumption. This includes retail sales of liquor, beer, wine, and spirits and can be combined with a retail sales establishment such as a grocery store or convenience store, or it can be a stand-alone liquor store or wine shop.

Convenience Store. A retail establishment selling food, beverages, and small convenience items such as personal hygiene products, cigarettes, magazines, and other everyday consumer items.

Food and beverage products sold primarily consist of packaged and canned goods, prepared foods and hot drinks for immediate consumption, fountain beverages, etc., with less than 10 percent of net retail floor area allocated for the sale of fresh fruits, fresh vegetables, fresh meat and dairy products, and other similar perishable items. Convenience stores are smaller in floor area than supermarkets/grocery stores (typically 4,000 square feet or less) and have long or late hours of operation (open before 7:00 a.m. or after 10:00 p.m.).

Grocery Store, Large. Retail establishments that primarily sell food, but also may sell other convenience and household goods, and may include a delicatessen or specialty food shop, baked goods, frozen foods, fruits, vegetables, meats, cheeses, dairy, and prepared food, and which occupy more than 25,000 square feet of gross floor area, but not more than 80,000 square feet of gross floor area.

Grocery Store, Small. Retail establishments with gross floor area less than 25,000 square feet that primarily sell food products, such as fresh fruits and vegetables, meats and seafood, dairy products, baked goods, packaged and prepared foods, and frozen foods, but that may al so sell other convenience and household goods. May also include a delicatessen or other specialty food shop.

Freight and Trucking Yard. Facilities that handle third party goods for local or worldwide freight, courier, local messenger, and postal services by truck or rail. This includes fulfillment centers and parcel sorting centers, which provide storage and distribution of e-commerce products to consumers or end-users, either directly or through a parcel hub.

Fueling Facility, Commercial. A fueling facility designed for commercial customers which dispenses gasoline, diesel, or similar vehicle fuels, and which is not open to the general public, has no cash sales and provides no personal services on-site. This excludes mobile fueling.

Part E: Definitions

Page XIII-E.28 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Funeral Parlor and Mortuary. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of human remains and conducting memorial services.

Typical uses include a crematory or mortuary. This use does not include cemeteries.

Group Living Accommodation. A building or portion of a building designed for or accommodating a residential use by persons not living together as a household. This use includes dormitories, convents and monasteries, and other types of organizational housing. This use does not include residential care facilities, nursing homes, hotels, single-room occupancy residences, or boarding houses, which are defined separately. Group living accommodations typically provide shared living quarters without separate kitchen or bathroom facilities for each room or unit.

Guest Ranch. Short-term lodging provided to visitors on property where agricultural activities take place (e.g., animal husbandry, cultivated agriculture) and that is not considered to be another lodging uses.

Home Occupation. A commercial use conducted on residential property by the inhabitants of the subject residence, which is incidental and secondary to the residential use of the dwelling.

Hospital. A state-licensed facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors.

Industry, General. Manufacturing of products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials, where operations are conducted primarily within an enclosed building. Includes, but is not limited to operations such as biomass energy conversion; textile mills; furniture and related product manufacturing; photographic processing plants; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; plastics and rubber products manufacturing; and nonmetallic mineral product manufacturing.

Industry, Heavy. Manufacturing of products that include petroleum products, metals and/or metal processing, and hazardous chemicals. Includes automobile assembly and manufacturing and tire retreading or recapping.

Industry, Light. Establishments engaged in light industrial activities taking place primarily within enclosed buildings and producing minimal impacts on nearby properties. Includes, but is not limited to, operations such as manufacturing finished parts or products primarily from previously prepared materials; commercial laundries and dry cleaning plants; mobile home manufacturing; monument works; printing, engraving and publishing; electronics manufacturing not included under advanced manufacturing; and production apparel manufacturing.

Instruction Services. An establishment that offers specialized programs in improvement, information, and personal growth and development such as photography, fine arts, crafts, music, yoga, martial arts, dance, driving schools, health and wellness, and academic tutoring. Attendance is typically limited to hourly classes rather than full-day instruction. These establishments do not grant diplomas or degrees, though instruction may provide credits for diplomas or degrees granted by other institutions. Retail sales are permitted as an accessory use.

Group. Group instruction includes 10 or more students or clients at any one time.

Private/Small Group . Private instruction includes fewer than 10 students or clients at any one time.

Part E: Definitions

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.E-29 Library/Museum. Public or quasi-public facilities primarily engaged in the display or preservation of objects of interest in the arts or sciences that are open to the public on a regular basis. Includes, but is not limited to aquariums, arboretums, art galleries and exhibitions, botanical gardens, historic sites and exhibits, libraries, and museums. May also include accessory retail uses such as gift/book shops, and restaurants.

Live-Work Unit. An integrated housing unit and working space that has been constructed for such use or converted from commercial or industrial use and structurally modified to accommodate residential occupancy and work activity in compliance with the California Building Code. Living space includes, but is not limited to, a sleeping area, a food preparation area, and a full bathroom. The working space is reserved for and regularly used by one or more occupants of the unit.

Lodging. An establishment providing overnight accommodations to transient patrons for payment for periods of 30 consecutive calendar days or fewer.

Bed and Breakfast. A residential property with one or more bedrooms dedicated for rental for overnight lodging and where meals may be provided to guests. A bed and breakfast is typically either owner -occupied or has the manager or proprietor of the lodging business living on the premises. This use type excludes short-term rentals.

Hotel. A commercial establishment providing lodging accommodations for a fee for transient guests, generally for stays of 30 days or less, with access to rooms or units primarily from interior lobbies, courts or halls. A hotel may include limited facilities for s torage and preparation of food and beverages within individual rooms, such as coffee makers, mini refrigerators and microwave ovens.

Motel. A building or group of attached or detached buildings providing lodging accommodations for a fee for transient guests, generally for stays of 30 days or less, with access to each room or unit through an exterior door. Motels are distinguished from hotels p rimarily in that the former provide direct independent access to, and adjoining parking for, guest rooms and do not provide 24-hour guest services.

Short-Term Rental (STR). The use of a dwelling unit, including, without limitation, a single-family, two-family, or multi-family dwelling unit, mobile home, or any portion of such dwellings, rented for occupancy for dwelling, lodging, or sleeping purposes for a period of 30 or fewer calendar days, counting portions of days as full calendar days.

Low Barrier Navigation Center. Consistent with California Government Code section 65660, a service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health, shelter, and housing services.

Massage Establishment. Any establishment having a fixed place of business where any person, firm, association, partnership, corporation, or other entity engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on, any massage for compensation. Also includes, but is not limited to, any business providing off-premises massage services.

Massage Establishment, Accessory. An establishment that provides massage which is incidental to the primary business, where the owner of the primary business is responsible for the massage services and conduct of the massage technician(s) employed at the location.

Part E: Definitions

Page XIII-E.30 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Medical Support Laboratory. A facility for scientific laboratory analysis of medical resources. The analysis is generally performed for medical providers to support the medical provider's work on behalf of patients.

Mini-Storage or Self-Storage. Facilities offering enclosed storage with individual access for personal affects, furniture, and household goods. Typical provided in small individual units (e.g., 400 square feet or less) that are available for rental by the general public.

Mining and Quarrying. An operation that extracts gravel, sand, other construction aggregates, or minerals from the ground. Includes quarries and gravel pits.

Mobile Food Vending. The selling or offering to sell products from a mobile food vehicle, which includes the following uses:

Ice Cream Truck. A motorized vehicle selling ice cream or other frozen dairy or non-dairy dessert products on streets and in other public places.

Mobile Food Park. Site with two or more mobile food vehicles located together on the same parcel and operating at the same time for more than seven consecutive days.

Mobile Food Vending (Individual Vehicle). A motorized, wheeled vehicle or towed vehicle designed and equipped to store, prepare, serve and sell food, but which does not include ice cream trucks or mobile food vending wagons or pushcarts as regulated in Milpitas Municipal Code Subsection V-100-10.11 (Unlawful Parking—Peddlers, Vendors).

Mobile Fueling. A commercial service that offers on-demand fueling of motor vehicles at a specified location instead of at a service station. Mobile fueling may be provided to individual customers via the use of a mobile app, with fuel delivered to a home, office, or other location requested by the customer. Mobile fueling may also be provided for operators of fleet vehicles at a fixed, semi- permanent or permanent location.

Mobile Home Park. A development designed for and occupied by manufactured/mobile housing units consistent with the requirements of California Health and Safety Code section 18200 to 18700.

A mobile home park includes facilities and amenities used in common by occupants who rent, lease, or own spaces for mobile home units/spaces through a subdivision, cooperative, condominium, or other form of resident ownership.

Multi-Family Dwelling. See “dwelling, multi-family”.

Offices. Offices mean any of the following:

Business and Professional Office. Offices of firms or organizations providing professional, executive, business, management, or administrative services, including but not limited to accounting, architectural, computer software design, engineering, consulting, graphic design, insurance, interior design, real estate, legal, and tax preparations offices. Also includes co-working spaces designed to accommodate individuals and organizations that provide such services.

Medical Office/Clinic. Office use providing consultation, diagnosis, therapeutic, preventive, or corrective medical treatment services by doctors, dentists, chiropractors, optometrists, psychotherapists, alternative healing practitioners such as acupuncturists, and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California. Incidental medical and/or dental laboratories and research within the office that supports the on-site patient services is considered part of the office use. This use includes urgent

Part E: Definitions

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.E-31 care facilities. Excludes independent research laboratory facilities and hospitals (see medical support laboratory and see hospital).

Parcel Hub. A ‘last mile’ facility warehouse or similar establishment for the processing and/or redistribution of parcels or products to end-user customers. A parcel hub’s primary function is moving a shipment from one mode of transport to vehicles with rated capacities less than 10,000 pounds, for delivery directly to consumers or end-users primarily within a 10-mile radius.

Park/Playground. Parks, playgrounds, trails, wildlife preserves, and related open spaces. This includes public playing fields, sports courts, picnic facilities, and related food concessions or community recreational buildings and structures.

Parking Lot. Open parking area(s) provided on property other than a public street, alley, or right-of- way that is the primary use on the lot (i.e., the parking lot is not providing the required off-street parking for land uses on the lot). May include park and ride lots. Use of the parking lot may be subject to a fee.

Parking Structure. A building or structure containing parking spaces that is the primary use on the lot (i.e., the parking structure is not providing the required off-street parking for land uses on the lot). May be located above or below grade, and use of the parking structure may be subject to a fee.

May include park and ride structures.

Public Safety. Facilities providing public safety and emergency response services, including police and fire protection, with incidental storage, training, and maintenance facilities.

Public Utility. Facilities for the production, storage, treatment, transmission and/or distribution of electricity, natural gas, water, wastewater, and telecommunications and other similar essential services. Also includes service facilities, electric transmission and distribution substations, and public utility service centers.

Recycling Facility. A recycling facility means any of the following:

Collection Facility. A center for the acceptance, by donation, redemption, or purchase, of recyclable materials from the public where limited sorting and storing of such items is conducted on-site.

Intermediate Processing Facility. A facility that receives, sorts, compresses or bales, and stores recyclable materials for efficient transfer to other processing facilities or to an end user.

Primary Processing Facility. A facility that processes recyclable materials and acts as a final destination for recyclable materials.

Research and Development (R & D). Industrial or scientific research for the design, development, engineering and testing of high technology, clean technology, industrial, or scientific products. May include limited manufacturing as necessary for the production of prototypes, but excludes the full- scale manufacturing of final products. May also include storage space for raw materials and/or finished goods that actively supports the primary use.

Residential Care Facility. Consistent with Health and Safety Code section 1502, a facility licensed by the State of California to provide living accommodations and 24-hour care for persons requiring personal services, supervision, protection, or assistance for sustaining the activities of daily living.

Living accommodations are group homes or shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions.

Part E: Definitions

Page XIII-E.32 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Resilience Hub. A community-serving facility designed to support residents and coordinate resource distribution and services before, during, or after a natural hazard event. Resilience hubs provide information as well as services and supplies, including but not limited to community gathering space, emergency supplies, basic medical care, internet access, and electronic device charging. They are typically outfitted with a solar and back-up battery storage system that can operate off the power grid and maintain power to the facility during grid outages.

Restaurant. A restaurant use means any of the following:

Restaurant, Full Service. Restaurants that provide cooked-to-order food and beverage services to patrons who order and are served while seated and pay after eating. Takeout service may also be provided.

Restaurant, Limited Service. Establishments where food and beverages may be consumed on the premises, taken out, or delivered, but where no table service is provided. This includes, but is not limited to cafeterias, fast-food restaurants, carryout sandwich shops, limited-service pizza parlors and delivery shops, self-service restaurants, snack bars, and takeout restaurants. This use includes cafes, coffee shops, and bakeries with a retail storefront component.

Restaurant with Alcohol Service . Either a full service or limited service restaurant that includes alcohol service for on-site consumption.

Retail. A retail use means any of the following:

Firearms Dealer. An establishment engaged in the selling, dealing in, trading, or transferring firearms.

Large Format Retail. Retail establishments over 80,000 square feet in size that sell merchandise and/or bulk goods primarily for individual consumption, including, but not limited to, department stores, home improvement stores, membership warehouses which emphasize bulk sales to the general public as well as to other businesses, and other big box format stores. Large format retail uses may include a grocery store sales component. Excludes home improvement stores with outdoor nursery or garden centers (see nursery and garden center).

Nursery and Garden Center. An establishment primarily engaged in selling nursery and garden products, such as trees, shrubs, plants, seeds, bulbs, and sod that are predominantly grown offsite. This classification includes commercial and wholesale greenhouses and nurseries offering plants for sale.

Retail, Limited. An establishment which offers the sale of a limited line of merchandise that is general necessary or desirable for everyday living or everyday business activities. Examples include small grocery stores offering primarily prepared or pre -packaged food and b everage items, small drugstores and variety stores, small stationery, office supply stores, shops selling other small household goods, and walk-out retail stores. This classification excludes convenience stores.

Retail Stores, General Merchandise. The retail sale or rental of merchandise not specifically listed under another use definition. This includes department stores, clothing stores, furniture stores, pharmacies, pet supply stores, flower shops (florist), art supply stores, music stores, book stores, and other businesses retailing (or renting) toys, hobby materials, handcrafted items, formalwear, music equipment and instruments, jewelry, cameras, candy, gifts and novelties, electronic equipment, sporting good s, hardware, appliances, antiques, art, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories, excluding

Part E: Definitions

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.E-33 vehicle service and installation (see vehicle repair and maintenance). Excludes large format retail and other sales-related uses more specifically described in other use definitions.

Smoke/Tobacco Shop. A retail establishment primarily engaged in the selling of smoking and tobacco products and accessories, and other products, devices and components reasonably assumed to be used for smoking and/or the inhalation or ingestion of any substances. Tobacco products may include but are not limited to cigarettes, cigars, loose leaf tobacco, tobacco pipes, electronic smoking devices and accessories, vaporizers and accessories and any other product, device or component used in the inhalation of tobacco, nicotine or other substance. For the purposes of this definition only, "primarily engaged" means when 30 percent or more of products sold at the retail establishment are smoking and tobacco products and accessories, and other products, devices and components reasonably assumed to be used for smoking and/or the inhalation or ingestion of any substance.

Riding Academy and Public Stables. Stables leased for the keeping of horses which may also include areas for horse riding and horse riding lessons.

Salvage and Wrecking. The dismantling of wrecked or decommissioned vehicles, appliances, or other metal products where usable parts are sold for use in operating vehicles and the unusable metal parts are sold to metal-recycling companies.

Services. A service use means any of the following:

Business Support Services. Establishments primarily within structures that provide other businesses with ancillary services that further or facilitate the other businesses' primary activity, including but not limited to commercial art and design (production); copying and quick-printing services; equipment rental businesses within structures; janitorial services; mailbox rentals; mail advertising services (reproduction and shipping); outdoor advertising services; protective services (other than office-relate d); rental, repairs and distribution of office or business equipment; and window cleaning.

Maintenance and Repair Services. Establishments engaged in the maintenance or repair of office machines, household appliances, furniture, and similar large items. This classification excludes maintenance and repair of vehicles or boats (see vehicle repair and maintenance) and personal items such as apparel, shoes, and jewelry (see repair/cleaning/general services, small).

See “massage establishment.”
See “massage establishment, accessory.”
Personal Services. A commercial establishment which provides services of a personal or aesthetic nature directly to consumers, including but not limited to barber and beauty shops, nail salons, tanning salons, hair removal salons, tattoo and body piercing studios, spa/welln ess center (excluding massage establishments), medical spas, and personal trainers.

Repair/Cleaning/General Services, Small. A commercial establishment that performs cleaning, repair, and alteration of small consumer and household items, including but not limited to dry cleaning pick-up stores without equipment that uses chemical solvents, laundromats (self-service laundries), photocopying and photo finishing services, tailor shops, watch and jewelry repair, shoe repair, home electronics repair, and locksmiths. Does not include repair of vehicles or boats (see vehicle repair and maintenance), personal services (see personal services), or maintenance and repair of large or bulky items (see maintenance and repair services).

Part E: Definitions

Page XIII-E.34 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Service Station. Any premises used for supplying automotive fuel and oil at retail, direct to the customer, including minor accessories and services for automobiles such as tire air pumps and window washing, but not including automobile repairs.

Single-Family Dwelling. See “dwelling, single-family”.

Single-Room Occupancy (SRO) Residence. A multi-tenant building consisting of single room dwelling units that are the primary residence of its occupants, containing either individual or shared kitchen and bathroom facilities. These units are small, generally less than 350 square feet.

Supportive Housing. Consistent with California Health and Safety Code section 50675.14, housing with no limit on length of stay, that is occupied by the target population as defined in U.S.C. section 11302 of Title 42, and that is linked to on -site or off -site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.

Temporary Use. A use established for a specified period of time, with the intent to discontinue the use at the end of the designated time period.

Transitional Housing. Consistent with California Government Code section 65582, buildings configured as rental housing developments but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.

Transportation Passenger Terminal/Facility. Facilities for passenger transportation operations, including rail stations, bus terminals, and associated service facilities, but does not include terminals serving airports or heliports.

Two-Family Dwelling. See “dwelling, two-family”.

Vehicle Rental. Establishment providing for the rental of automobiles. Includes rental of passenger vehicles and light trucks/vans under 14,000 pounds and incidental repair/servicing and cleaning of rental vehicles. This use does not include car-sharing operations.

Vehicle Repair and Maintenance. A vehicle repair and maintenance use means any of the following:

Major. Repair of automobiles, trucks, motorcycles, motor homes, boats and recreational vehicles, including the sale, installation, and servicing of related equipment and parts. This classification includes the servicing and repair of engines, body and fender, tra nsmission, axels, wheels and brake, tire sales and installation, tire treading and recapping, and vehicle painting. Excludes vehicle dismantling or salvaging (see “salvage and wrecking”) and tire retreading or recapping (see “industry, heavy”). All activities listed under Vehicle Repair and Maintenance, Minor may also be included in major uses.

Minor. The service and repair of automobiles, light-duty trucks, boats, and motorcycles, including the sale, installation, and servicing of related equipment and parts. This classification includes the replacement of small automotive parts and liquids as an accessory use to an automotive accessories and supply store, and quick -service oil, tune-up and brake and muffler shops, auto glass sales and replacement, window tinting, stereo and alarm sales, and tire sales where repairs are made or service provided in enclosed bays and no vehicles are stored overnight. This classification excludes disassembly, removal or replacement of major components such as engines, drive trains, transmissions or axles; automotive body and fender work, vehicle painting or other operations that generate excessive noise, objectionable odors, or hazardous materials,

Part E: Definitions

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.E-35 and repair of heavy trucks, limousines, or construction vehicles (see “ vehicle repair and maintenance, major”). It also excludes towing services (see “vehicle storage”) and fueling stations (see “service station”).

Vehicle Sales and Leasing. Sale or lease, retail or wholesale, of automobiles, light trucks, motorcycles, motor homes, and trailers, together with associated incidental repair services and parts sales, but excluding body repair and painting. Includes, but is not limited to, automobile dealers and recreational vehicle sales agencies.

Vehicle Storage. The use of a site for the short -or long -term storage of automobiles, trucks, motorcycles, and/or other vehicles. Includes towing and impound lots.

Vehicle Washing. Washing, waxing, detailing, and/or cleaning of automobiles or similar light vehicles, including self-serve washing facilities.

Warehousing and Distribution. A facility, primarily within an enclosed building, for the storage of commercial or industrial goods, products and materials and the associated on -site sorting, packing, staging, shipping, receiving, and distributing of goods to wholesale and retail outlets, including ancillary truck parking and dispatching. Also includes long- term, passive storage of furniture, household goods, or other commercial goods; and of industrial equipment, products, and materials.

Warehousing and distribution facilities may incl ude, but are not limited to, wholesale distribution, distribution centers, moving and transfer storage, cross -dock facilities, package handling centers, order fulfilment centers, and logistics centers. Excludes storage of raw materials and/or finished products as part of an active primary use (e.g., advanced manufacturing uses; general industry uses; light industry uses; research and development uses). Excludes parcel hubs.

Wholesale Sales. The selling and/or distributing of merchandise to retailers; industrial, commercial, or institutional buyers; or other wholesalers; or acting as agents or brokers in the buying and selling of merchandise to or for such entities.

Wireless Telecommunications Facility . A facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, tele communication towers or similar structures supporting the equipment, equipment buildings, parking area and other accessory development. Also see wireless telecommunications terms in Chapter E.2 (Definitions of Terms).

Part E: Definitions

Page XIII-E.36 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Chapter E.6 Definitions of Sign Terms
This Chapter provides definitions for signs referred to in Chapter C.8 (Signs).

Abandoned Sign. A sign that identifies a business, lessor, owner, product, service, or activity that is no longer on the premises where the sign is displayed.

Changeable Copy. A portion of a permanent sign that is designed so that characters, letters, numbers, or illustrations can be manually or mechanically changed or rearranged without altering the face or surface of the sign.

Flag. A fabric sheet of square, rectangular, or triangular shape that is typically mounted on a pole.

Fluorescent Colors. The range of colors created through a synthetic pigmentation process in which ultraviolet light is absorbed and emitted at a different range within the color spectrum of the individual colors.

Freestanding. A permanent sign that is erected or mounted on its own self-supporting permanent structure or base detached from any supporting elements of a building.

Impact Resistive Plastic. Any plastic material capable of resisting 50 foot pounds of force as tested in accordance with American National Standards Institute (ANSI) and Underwriters Laboratory (UL) 972 Multiple Impact Test or any similar test procedure.

Incidental Sign. A sign which provides incidental information, including security, credit card acceptance, business hours, open/closed, directions to services and facilities, or menus.

Light-Emitting Diode (LED). A semiconductor diode that emits light when a voltage is applied to it.

Logo. A stylized group of letters, words, numbers, or symbols used to represent and distinguish a business or product.

Neon. An illumination source created when a glass tube filled with neon or other similar gas emits light when energized. The tube can be bent to form letters, symbols, or other shapes.

Pan Channel Letters. A specific type of permanent sign letter consisting of a metal pan enclosure fabricated in the shape of a letter. The metal pan enclosure is used to house the lighting and electrical components of the letter and can be mounted directly to wall of a building. The sign face is usually made of colored plastic attached to the metal pan to seal it off from pests and harsh weather.

Pan Channel Letters, Reverse. A specific type of sign letter consisting of a metal pan enclosure fabricated in the shape of a letter, numeral, or other shape in which the metal pan enclosure is used to house the lighting and electrical components of the letter and can be mounted directly to a wall.

The sign face is made of the same solid opaque materials as the sides of the letters so that the front and sides of the sign letters do not emit light (e.g., halo-lit or reverse-lit signs).

Raceway. A metal electrical enclosure that forms a physical pathway for electrical wiring and components. An electric-sign raceway may serve as a visible mounting structure for a wall sign attached to the front of a storefront fascia.

Sign. A structure, device, figure, display, message placard, or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended, or used to advertise, provide information in the nature of advertising, provide historical, cultural, archeological, ideological, political, religious, or social information, or direct or attract attention to an object,

Part E: Definitions

Public Review Draft | Milpitas Comprehensive Zoning Ordinance Update | Page XIII.E-37 person, institution, business, product, service, message, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, or illumination.

Permanent Sign. A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.

Awning Sign. Any permanent sign that is part of or attached to an awning, or other fabric, plastic or structural protective cover located over a door, entrance, window, storefront, or outdoor service area.

Billboard Sign. A permanent, large format advertising displays or signs intended for viewing from extended distances, generally more than 50 feet.

Blade Sign. A permanent sign mounted to the wall of building by means of a bracket and which is typically hung perpendicular to the wall of the building.

Canopy Sign. A permanent sign that is painted on or mounted to a canopy, typically used to accent building entries.

Directional Sign. A permanent sign erected to inform the viewer of the approximate route, direction, or location of a facility or tenant.

Directory Sign. A permanent sign on a multi-tenant site or building providing information including a list of tenants and occupants, addresses, and suite numbers or a map of the building or complex. These signs are typically internal to a site and oriented to pedestrians or motorists circulating in a parking lot rather than vehicles travelling on a public street.

Electronic Message Sign. A permanent sign or portion of a sign that utilizes computer - generated messages or some other electronic means of changing its characters, letters, numbers, illustrations, display, color, and/or light intensity, including animated graphics and video, by electronic or automatic means. A single- or two-color LED sign is not an electronic message sign.

Monument Sign. A permanent freestanding sign, with a solid base that is at least 60 percent of than the width of the sign face.

Post Sign. A permanent sign mounted on either a single post or two or more posts.

Projecting Sign. A permanent sign that is perpendicular to the face of a building and projects outward from the building face.

Service Station Island Canopy Sign. A permanent sign mounted on or under a service station island canopy, including on a fascia.

Wall Sign. A permanent sign attached directly to an exterior wall or fascia of a building or structure, with the exposed face of the sign parallel to the plane of the wall or the fascia to which it is attached.

Window Sign, Permanent. A permanent sign posted, painted, placed, or affixed in, on, or within a window, or otherwise exposed to public view through a window. Also see window sign, temporary.

Part E: Definitions

Page XIII-E.38 | Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Portable Sign. A sign not permanently attached to the ground, a building, structure, or other immovable object.

A-Frame or Upright Sign. A portable pedestrian-oriented sign constructed with two sides that is self-supported.

Feather Banner. A portable sign that is taller than it is wide and made of a flexible material (typically cloth, nylon, or vinyl) and mounted to a pole.

Sign Walker. A person attired or decorated with insignia, images, costumes, masks, or other symbols that display messages with the purpose of drawing attention to or advertising for an on-premise activity. Such person may or may not be holding a sign. Sign walkers may be also referred to as human mascots, sign spinners, or human signs.

Window Sign, Temporary. A temporary sign posted, painted, placed, or affixed in, on, or within a window, or otherwise exposed to public view through a window.

Yard Sign, Type I. A small portable sign typically constructed of corrugated plastic and supported on an H-shaped wire frame.

Temporary Sign. A sign intended for limited period of display which is not permanently affixed to a structure or window.

Balloon Sign. A temporary sign that is an air inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or a structure, and equipped with a portable blower motor that provides a constant flow of air into the device. Balloon signs are restrained, attached or held in place by a cord, rope, cable, or similar method. See also the definition for air-activated graphics.

Banner Sign. A temporary sign constructed of cloth, bunting, plastic, paper, or similar material and securely attached to a wall or support structure. Flags are not considered temporary banners.

Yard Sign, Type II. A temporary sign mounted on a single post installed securely in the ground with a small sign hanging from a cross-bar mounted parallel to the ground.

Yard Sign, Type III. A temporary sign that is large and typically wooden which is mounted on two posts installed securely in the ground.

Sign Program. A specific set of design standards established for the purpose of unifying the design and appearance of a variety of signs associated with a multi-tenant or multi-use project, building, or complex of buildings.

Sign Projection. The distance by which a sign extends over public property or beyond the building line.

Sign Surface. The surface of the sign upon, against or through which the message is displayed or illustrated.

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Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Acronyms Sheet | Page 1 City of Milpitas Comprehensive Zoning Ordinance: Public Review Draft Acronyms Sheet

A Agricultural Zone
AC Alameda-Contra Costa
ACE Altamont Commuter Express
ADA American with Disabilities Act
ADU Accessory Dwelling Unit
ANSI American National Standards Institute
ARA Accidental Release Assessment
AST Above-ground storage tank
AT&T American Telephone & Telegraph
BAAQMD Bay Area Air Quality Management Control District BART Bay Area Rapid Transit
BMPs Best Management Practices
BPRD Business Park Research & Development Zone
BPRD-Metro Metro Business Park research and Development Zone BPRD-R-Metro Metro Business Park Research and Development, Limited Residential Zone C1 Neighborhood Commercial Zone
C2 General Commercial Zone
CalARP California Accidental Release Assessment
Cal-IPC California Invasive Plan Council
CAMTC California Massage Therapy Council
CC&Rs Covenants, Codes, and Restrictions
CEQA California Environmental Quality Act
CO Administrative and Professional Office Zone
CPTED Crime Prevention Through Environmental Design
CPUC California Public Utilities Commission
CUP Conditional Use Permit

DARS Digital Audio Radio Service
DBH Diameter at breast height
DU Dwelling unit
EFR Eligible Facilities Requests
EPA United States Environmental Protection Agency
EPS Expanded polystyrene
ESA Environmental Site Assessment
EV Electric Vehicle
FAR Floor Area Ratio
FC Freeway Corridor Overlay Zone
FCC Federal Communications Commission
H Hillside Combining District
HOV High Occupancy Vehicle
HS Highway Service Zone
I Institutional Zone
ISA International Society for Arboriculture
JADU Junior Accessory Dwelling Unit
LED light emitting diode
LEED Leadership in Energy and Environmental Design
M1 Light Industrial Zone
M2 Heavy Industrial Zone
MC Minor Conditional Use Permit
MHP Mobile Home Park Zone
MP Industrial Park Zone
MSW Municipal Solid Waste
MXD Mixed Use Zone
MXD2-Metro Metro High Density Mixed Use Zone
MXD3 Very High Density Mixed Use Zone
MXD3-Metro Metro Very High Density Mixed Use Zone
NPDES National Pollution Discharge Elimination Station

Milpitas Comprehensive Zoning Ordinance Update | Public Review Draft Acronyms Sheet | Page 3 PG&E Pacific Gas and Electric Company
POS Park and Open Space Zone
PUD Planned Unit Development
R1 Single-Family Zone
R2 One and Two-Family Zone
R3 Multi-Family Zone
R3-Metro Metro Multi-Family High Density Residential Zone R4 Multi-Family Very High Density Zone
R4-Metro Metro Multi-Family Very High Density Residential Zone R5-Metro Metro Urban Residential Zone
R&D Research and development
RWQCB Regional Water Quality Control Board
S Site and Architectural Overlay Zone
SRO Single room occupancy
STR Short-term rental unit
SWPPP Storm Water Pollution Prevention Plan
TC Town Center Zone
TDM Transportation Demand Management
TOT Transient Occupancy Tax
TVRO Television Receive Only
UL Underwriters Laboratory
USGS United States Geologic Study
UST Underground storage tank
VTA Santa Clara Valley Transportation Authority

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K
E
D R

T R A M W A Y D R
C

U E S T
A
D
R
M
E
A
D
O
W
H
A
V
E
N
W
A
Y

YOSEMITE DR

B A J A R O S E S T
C A M
E R
O
N
C
I
R
C

L O V E R
C
I R

IMAGES CIR

EDSEL DR

BETTENCOURT WAY

T U L A R C I T
O
S
D
R

SANDALWOOD PARK
J U
N
I P
E
R
O
D
R
P
A
R
K
H
I
L
L
D
R
D
I
A
M
O
N
D
W
A
Y
A
S
P
E
N
R
I D
G
E
D
R
R O
C K Y
M
O

U N T A I N
A V
E
F
A
I
R
M
E
A
D
O
W
W A Y

N MAIN ST
Q

U A I L
D R

GORDON ST

SPENCE AVE
N
T
E
M
P
L
E
D
R
A
U
G
U
S
T
A
C T

ROSWELL DR
G
E
R
A
L
D
C
I R
N
H
I
L
L
V
I
E
W
D
R
M
A R
T I L
W
A
Y

MERRY LOOP

CRESTHAVEN ST

GLENVIEW DR
M
O
N
T
E
D
R

COMET DR
O
R
O
V

I L L E
R D

EAGLE RIDGE WAY
C
O
E
L H
O
S
T

O N T A R
I O
R
D
L
E
E
W
A
Y

S U T T E R W
I N D
D
R

C O S T I G A N
C
I
R

FIESTA PLAZA
R
A
I
L
R
O
A
D
A
V
E

P I N A R D
S T
N
I
G
H
T
S
H
A
D
E
R
D

FASCINATION PL

S TEMPLE DR

BALBOA DR
M
I
L
K
W
E
E
D
S
T
S
A
G
E

B R U S H
S T

PESCADERO ST
P
A
L
I
S
A
D
E
S
D
R

ELM AVE

PENITENCIA ST

C L E A R

L A K E
A V E

S K Y L I N E
D
R
E
T
H
Y
L
S
T

EASTER AVE

MILMONT DR

ANGUS DR

PIPER DR

FIRETHORN ST
S
E
A
S
I
D
E
W
A
Y
D
U
N
D
E
E
A
V
E
S
T
A
R
L
I T
E
C T

DEMPSEY WAY
S
A
N
A
N
D
R
E
A
S
C
T

ABERDEEN CT

FONTAINBLEU AVE
S
A
S
S
O
N
E
C
T
H
O
U
R
E
T
C
T
L O S

P I N O S
A V E

PESCADERO CT
C
A
L
L
E
V
I
S
T
A
V
E
R
D
E

SAGE CT
C
A
L
A
V
E
R
A
S
R
I
D
G
E
D
R

S U D B U R
Y
D
R

CRACOLICE WAY

Y E L L O
W

S T O N E
A
V
E
R
I
O
V
E
R
D
E
P
L

MCCANDLESS DR

TOWN CENTER

RAND ST
N
O
V
A
C
T

VIENNA DR
G
A
L
I N
D
O
C
T

CAMPBELL ST

SANDALRIDGE CT
T
E
R
N
U
R
A
L
O
O
P
S
U
P
E
R
I
O
R
R
D
L
A
C
R
O
S
S
E
D
R

CORTEZ ST

JACKLIN CT
S
U
M
M
E
R
F
I
E
L
D
D R

SANTA RITA DR

GENEVA RD
C
O
L
U
M
B
U
S
D
R

PALMER ST

J U P I T E
R
D
R

MAZEY ST

S I N G L E
Y D
R

SERRA WAY

BIG BASIN DR

ASHLAND DR
V
E
N
U
S
W
A
Y
W

E L L E R L
N

ARIZONA AVE

S N A P D R A G O N S
T
R
I
D
G
E
M
O
N
T
D
R
BEE CT

IMAGINATION PL

MILPITAS SQ

C A R L S B A D
C
T
R
O
G
E
R
S
T
M
E S A

V E R D E
D R
L
A
R
C
H
S
T

SEQUOIA DR

CONWAY ST
F
A
L
L
E
N
L
E
A
F
D
R
N
A
B
B
O
T
T
A
V
E
E
L
C
A
M
I
N
O
H
I
G
U
E
R
A
S
A
N
D
A
L
W
O
O
D
L
N

S ABBOTT AVE
T
E
R
R
A
A
L
T A
D
R

GUERRERO CT
V
A
S
O
N
A
S
T

KEVENAIRE DR

BURLEY DR
M
O
U
L
T
O
N
D
R

LAURYN RIDGE CT

FIELDCREST DR

RUDYARD DR

KENISTON AVE

ACADIA AVE

BLUE SPRUCE WAY

BIXBY DR
L
A
V
E
N
D
E R
L
O
O
P

CREED ST
C
A
L
L
E
D
E
L
S
O
L

HERMINA ST

TICE DR

C A N T O N
D R

F I R T
R
E
E
C
T
S
I
M
A
S
D
R
H
A
Y
C
T
H
A
M
I
L
T
O
N
A
V
E
S
A
N
D
H
U
R
S
T
D
R

T H I S T L E
P
L

A L M A D E N A V E

SUNFLOWER LN

I N C L I N E C
T

CALLE ORIENTE

COSTA ST

BOULDER ST

CHESTNUT AVE
W
H
I
T
C
O
M
B
C
T

S A G E M
E
A
D
O
W
C
T
B
E
L
B
R
O
O
K
W
A
Y

N O R W I C H
A V E

N GADSDEN DR

PRINTY AVE

C E D A R
W A Y

SYLVIA AVE

HOLLY WAY

HORCAJO ST

PARKTOWN PLAZA

PATRICIA CT
M T

S H A S T A
A V E
M
I D
W

I C K D R

STEMEL WAY

P A C H E C O D R

PRADA DR

BARKER ST
M
A
D
A
L
E
N
D
R
U
V
A
S
S
T

TORRES AVE

PASHOTE CT

S GADSDEN DR

PLATT AVE

EAST LN

C H E W
P O
N
A V E

CARNEGIE DR

ROSE DR

S MAIN ST
B
O
L
T
O
N
D
R

ADAMS AVE
H
O

U R E T
D R

TOPAZ ST
T
O
P
H
A
M
C
T

LYNN AVE

DENNIS AVE

NEWBURY ST
D
I
S
C
O
V
E
R
Y
L
N
W
O
O
D
W
A
R
D
D
R

GARDEN ST
A
L
V
A
R
E
Z
C T
S
T
R
I
C
K
R
O
T
H
D
R

PINEWOOD WAY
S
T
R
A
T
F
O
R
D
D
R

MCCARTHY RANCH

ALBANY CT
H
A
S
T
I N
G
S
D
R

WILSON WAY
N
I
E
V
E
S
C
T

B R I A N
C
T
O
R
E
G
O
N
W A Y

GLADDING CT
P
O
L
A
R
I S
C
T

A L T A M O
N
T D R

MUSTANG DR

KIRKWALL PL

C H Y S I S R
D
C
H
I
P
M
A
N
D
R

FERREIRA CT
A
B
E
R
D
E E N
W
A Y
S
O
L
A
R
C
T
C
A
R
L
S
B
A
D
S
T

VARGAS CT

ENRIQUEZ CT

BERRYESSA ST

DOLORES DR

DELANO ST

VINEYARD AVE

D O N A H E D R

CHAD DR
K
L
A
M
A
T
H
R
D

C H E R R Y
C
I
R

BUCKEYE CT

CURTNER DR

CADENCE LN
C
O
U
N
T
R
Y
C
L U
B
D
R

N I E V E S
S T

BUTLER ST

CARINO TER

TRAUGHBER ST

BRYCE CT

ARANA CT

CALYPSO LN

HOMME WAY

PARK WILLOW CT

S U N N Y
H
I L
L
S
C
T

BELLEW DR

PARK BROOK CT

F R A N K
C
T

S E P U L V E D A
A
V
E

NICKLAUS AVE
H
E
M
L
O
C
K
L N
R
I
E
S
L
I
N
G
A
V
E

JOURNEY ST

SUMMERWIND WAY
B
L
U
E
S
P
R
U
C
E
C
T

V A L L
E
Y
W
A
Y
M A N
Z
A
N
I T
A
C
T
M
A
T
T
E
R
H
O
R
N
C
T
W
E
S
T
R
I
D
G
E
D
R

SILVERA ST

MICHAEL CT
J
U
N
G
F
R
A
U
C
T

SMITHWOOD ST
B
I
G
B
E
A
R
C
T

JUPITER CT
F
O
R
E
S
T
C
T
B
E
R
E
S
F
O
R
D
C
T
M
E
R
Z
C T
W
O
O
D
L
A
N
D
C
T

F O N T A I N B L E U C
T

A R B O
R
W
A
Y

CANTERBURY PL

GROSS ST

LONETREE CT

PERRY ST
J
O
S
H
U
A
T
R
E
E
C
I
R

SHENANDOAH AVE
S
T
E
M
E
L
C
T

SINNOTT LN

SILVERLAKE CT

S A T U
R
N
C
T
T
A
R
O
B
C
T

P A S E O

R E F U G
I O

WOODCOCK CT
F
L
U
M
E
C T
H
O
R
C
A
J
O
C
I
R
J
A
C
K
L
I N
C
I R

GOSSER ST

BERRENDO DR
P
I
N
E
W
O
O
D
C
T
S
A
R
K
C
T

WHITTIER ST
R
A
I
L
R
O
A
D
C
T

TRENTO LN

B A Y B E R R Y
W
A
Y

ALVAREZ CMN

G L E N M O O R
C
I
R
P
A
C
I F I
C
A
W
A
Y

WINSOR ST

TINY ST

AVIAN LN
C
A
M
A
R
I
L
L
O
C
T

S I L V
E
R
T
I P
C
T

WILD ROSE WAY

CARDIFF PL
S
I
N
C
L
A
I
R
F
R
O
N
T
A
G
E
R
D

TECHNOLOGY DR

RANKIN DR
J
A
S
O
N
D
R

ED LEVIN PARK

A N A C A P A
C
T

CENTRE POINTE DR
T
E
R
R
A
C
O
T
T
A
C
T
B
L
E
E
C
K
E
R
S
T

F O U N
D
E
R
S
L
N

CELERITY PL

CLYDE CT
E
C
A
P
I T
O
L
A
V
E
ANN PL
A
A
R
O
N
P
A
R
K
D
R

CASCADE ST
C
O
U
R
T
L
A
N
D
C
T

COFFEE BERRY LN
K
O
V
A
N
D
A
W
A
Y

GLASGOW CT

MONTAGUE CT
D
E
V
O
N
P
L
H
I L
L
V
I E
W
C T

LEVIN ST
D e L O N G L
N
P
R
I N
C
E
S
S
P
L

FALCON DR
P R
A D
A
C
T

PARC PLACE DR
T R O
O
N
C
T

CYPRESS DR

MIHALAKIS ST

BRIDGEWATER LN

G R E E N T R E E W A Y

SPRING VALLEY LN

E X P E D I T I O N
L N
S
T
I R
L
I N
G
D
R

S A N G O
C
T

WOODRUFF WAY

DANIEL CT

LARKSPUR LN

SPRIG CENTER

MANZANO ST
B
E
R
K
S

H I R E
P L
W
E
L
L
I
N
G
T
O
N
D
R
S
E
A
S

I D E D R

WILLOW LN

HEARST DR
C
A
P E L
L
A
W
A
Y
C
R
E
S
C
E
N
T
T
E
R

A L E X
A
N
D
E
R
W
A
Y

E M E R G E N C Y A C C E S S R D
S
A
N
T
O
S
C
T

CALAVERAS CT
K
R
I
S
T
I
N
R
I
D
G
E
W
A
Y

F A I R

H I L L
D R
A
L
D
E
R
D
R

GREENROCK RD

BOND ST
E
V
E
N
I N
G
S
T
A
R
C
T
S
E
R
P
A
D
R
H
I
L
L
T
O
P
C
T
S H

E T L A N D
C T
K
N
O
L
L
V
I
E
W
D
R

SHELLEY CT
L
O
C
H
L
O
M
O
N
D
C
T
C
A
D
I
L
L
A
C
C
T

BARBER CT

PEDRO AVE
O L D

C A L A V E R A S
R D

PARK VIEW DR

BEAUMERE WAY

OLIVER ST
G
I
B
R
A
L
T
A
R
C
T

ELLIS AVE

GLACIER DR
M
A
R

K E T S T

PARK GROVE DR

PARK HEIGHTS DR
C
O
U
R
T
L
A
N
D
A
V
E

BORDER WAY
S
H
I L
L V
I E
W
D
R
H
A
Z
E
L
N
U
T
L
N

CASPER ST

CORINTHIA DR
P
E
C
T
E
N
C
T
C
O
V
E
N
T
R
Y
W
A
Y

VIEW DR

FARMCREST ST

CARL AVE

ELLWELL DR

FINDLEY DR

GIRARD DR

DALTON DR

MOMENTUM DR

CLAUSER DR

TAYLOR DR

VEGAS AVE

VALMY ST

HEFLIN ST
W
A
T
S
O
N
C
T

STULMAN DR
L
A
B
A
R
E
E
D
R

BRALY AVE

LASSEN AVE
M
A
I N
P
L
S
T
A
N
D
R
E W
S
C
T

GOLDEN HILLS DR

LAWTON DR

MURRAY ST

T E R R A

B E L L
A
D
R
L Y
N
W
O
O
D
T
E
R

BEACON DR

GOMES LN

KRISMER ST

BURDETT WAY
C
I
R
O
L
E
R
O
S
T

L A G U N A
D
R
M
I
N
N
I
S
C
I
R

GATES DR

E D G E W
A T
E
R
D
R

FREELAND DR

WILLOW AVE

GEMMA DR

THOMPSON ST

PEPPER PL

ARMAND DR

S H I R L E Y
D
R

CARDOZA LN

HANSON CT

TURQUOISE ST

RIVERA ST

CESTARIC DR

FANYON ST
V
I
S
T
A
R
I
D
G
E
D
R
C
H
U
R
C
H
I
L
L
D
R

BUCKEYE DR

MAPLE AVE
C
A
L
E
R
A
C
R
E
E
K
H
E
I
G
H
T
S
D
R

KIZER ST

UNNAMED ST

B L U E R I D G
E
D
R

WALNUT DR
V
I
D
A
L A
R
G
A
L
O
O
P

COTTONWOOD DR

OLYMPIC DR

CANAL ST
M
A
T
T O
S
D
R
E
V
E

R G R E E N
W A Y

BUSKIRK ST

T A S S A S A R A
D R

CALLAN ST
C O V
E
N
T
R
Y
C
IR

AYER LN

HAZEN ST

BOYD ST
Q U
I N
C
E
L
N
M
O
O
N
B
E
A
M
W
A
Y
C
L
A
R
I
D
A
D
L
O
O
P
M
O
N
M
O
U
T
H
D
R

BIG BEND DR
R
A
N
C
H
D
R

PETERSBURG DR

BLISS AVE
M
E
N
T
E
L
I N
D
A
L
O
O
P
Y
O
S
E
M
I
T
E
W
A Y

C A N A D A
D R
B
A
Y
V
I E
W
P
A
R
K
D
R
M
O
R
E
T
T
I
L
N

MOONLIGHT WAY

SARATOGA DR

B A R C E L O
N
A
LOOP
S
U

M M E R W I N D D R

WRIGLEY WAY

STARDUST WAY

L O S P O S I T O S
D R

GRAND TETON DR
C
R
E
E
K
S
I
D
E
W
A
Y

SUNRISE WAY

EVERGLADES DR
C
O
Y
O
T
E
S
T
G
R
A
Y
S
O
N
WAY
M
T

R A I N I E R
A V E

C R A T E R

L A K E
A V E

AMES AVE

PORTOLA DR

TERRA VISTA CT

SONOMA DR

HIDDEN CREEK LN
M T

D I A B L O
A V E

RODRIGUES AVE

STELLAR WAY

F A I R V I E W
W
A
Y

D E S E R T H O L L Y S
T
T
R
E
N
T
O
L
O O P

FERNLEAF DR
G
I
B
R
A
L
T
A
R
D
R

A L C O S T A
D R

ELDERBERRY DR

S E L W
Y N
D
R

CALERO ST

SEACLIFF DR

L A S L O M A S
D R

SHILOH AVE

PARVIN DR

V A L E N C I A D R
E
L K
W
O
O
D
D
R

SYCAMORE DR

TAHOE DR

BUTANO DR

THOMPSON CT
M

E A D O W

L A N D
D
R

WOOL DR
G
R
E
A
T
H
O
U
S
E
D
R
C
A
L
A
D
E
N
I
A
L
N

P E B B L E B E A C
H
C
T

VISTA WAY
L
E
X
I
N
G
T
O
N
S
T

SANDISK DR

CENTRIA LN

M E R I D
I A
N
P
L
A
L
V
I S
O
-
M
I
L
P
I
T
A
S
R
D

AMALFI LOOP

LACEY DR
N
M
C
C
A
R
T
H
Y
B
L
V
D

MACHADO AVE
N
M
I
L
P
I
T
A
S
B
L
V
D
C O

B B L E S
T
O
N
E
L O
O
P
PUD 11
PUD 71
PUD 55
PUD 20
PUD 37
PUD 20-A
PUD 45
PUD 48
PUD
39 PUD 10
PUD 64
PUD 50
PUD 60
PUD 18-A
PUD 47
PUD 18-A
PUD 8-A
PUD 26
PUD 44
PUD 43
PUD 19
PUD 74
PUD 6
PUD 77
PUD 23.5
PUD 69
PUD 36
PUD 33
PUD 9
PUD 42
PUD 58
PUD 12
PUD 25
PUD 68
PUD 32
PUD 21
PUD 8-A
PUD 18
PUD 54
PUD 14
PUD 34
PUD 17
PUD 22
PUD 62
PUD 5E-1
PUD 5-B
PUD 40
PUD 5
PUD 5
PUD 27
PUD 51
PUD 35
PUD 5-B
PUD 23
PUD 75
PUD 47
PUD 76
PUD 57
PUD 31
PUD 72
PUD 78
PUD 82
PUD 80
PUD 79
PUD
PD18-0001
VP 1
VP 2
VP 3
VP 4
VP 5
VP 6
VP 7
VP 8
VP 9
Zones
Single Family Residential minimum lot size 2,500 s.f. (R1-2.5) Single Family Residential minimum lot size 3,000 s.f. (R1-3) Single Family Residential minimum lot size 4,000 s.f. (R1-4) Single Family Residential minimum lot size 5,000 s.f. (R1-5) Single Family Residential minimum lot size 6,000 s.f. (R1-6) Single Family Residential minimum lot size 10,000 s.f. (R1-10) Single Family Residential with Hillside Combining District (R1-H)* One or Two Family (R2)
Multi-Family Residential, High Density (R3)
Multi-Family Residential, Very High Density (R4)
Mobile Home Park (MHP)
Mixed Use (MXD)
Mixed Use, Very High Density (MXD3)
Administrative and Professional Offices (CO)
Neighborhood Commercial (C1)
General Commercial (C2)
Highway Services (HS)
Town Center (TC)
Light Industrial (M1)
Heavy Industrial (M2)
Industrial Park (MP)
Business Park Research & Development (BPRD)
Institutional (I)
Agricultural (A)
Parks and Open Space (POS)
Waterway
Milpitas Metro Specfic Plan Zones
Metro High Density Mixed Use (MXD2-Metro)
Metro Very High Density Mixed Use (MXD3-Metro)
Metro Multi-Family High Density Residential (R3-Metro)
Metro Multi-Family Very High Density Residential (R4-Metro) Metro Urban (R5-Metro)
Business Park Research & Development (BPRD-Metro)
Business Park Research & Development, Limited Residential (BPRD-R-Metro) Overlay*
Freeway Corridor Overlay (FC)
Other Features
Planned Unit Development (PUD)
Precise Plan Area
Midtown Specific Plan Area
City Boundary
Parcels
Crestline
View Points
0 0.5 1
Miles
/
December 2024

ZONING MAP

CITY OF MILPITAS
§¨¦
880
§¨¦
880
§¨¦
680
§¨¦
680
Public Review Draft
*Note: The "H" Hillside Combining District is mapped as R1-H. The Site and Architectural (S) Overlay was adopted through a voter initiative and is not currently mapped on any parcel.

Lisa Wise Consulting, Inc. | City of Milpitas | Comprehensive Zoning Ordinance Update | 1 Comprehensive Zoning Ordinance
Update
City of Milpitas
Workshop #2 Summary

INTRODUCTION
At approximately 6:05 p.m. on January 9, 2025, the City of Milpitas Zoning Ordinance Update project team hosted the second and final community workshop for the project. The workshop was conducted in-person and virtually via Zoom. Notices about this meeting were distributed by the City through multiple channels (local new media; City social media accounts; monthly City e- newsletter; the Comprehensive Zoning Ordinance Update Project email list; electronic sign board announcements; flyers distributed and posted at the Milpitas Community Center, Milpitas Public Library, and other public locations; etc.). A notice about the meeting was also posted on the project website (www.milpitaszoningupdate.org). Ahead of the meeting, the meeting presentation and question sheet were posted on the project website, along with the physical location and a link to register via Zoom. Five members of the public attended the workshop in- person; no members of the public attended virtually via Zoom.

ATTENDANCE

City Staff
• Holly Pearson – Zoning Update Project Manager
• Kristina Phung – Senior Planner
• Lillian VanHua – Principal Planner
• Michael Thomas – Economic Development Specialist
• Liz Medina – Administrative Assistant (via Zoom)

Lisa Wise Consulting, Inc. (LWC)
• Jen Murillo – Director/LWC Project Manager
• Stefano Richichi – Senior Associate (via Zoom)
• Ethan Stan – Lead Associate (via Zoom)

Lisa Wise Consulting, Inc. | City of Milpitas | Comprehensive Zoning Ordinance Update | 2

OVERVIEW
Holly Pearson, Zoning Update Project Manager, welcomed participants to the workshop and introduced LWC Director, Jen Murillo. Jen Murillo then introduced the project team and gave a PowerPoint-supported presentation. The presentation covered the following topics:

• What is Zoning?
• Zoning Ordinance Update Background
• Public Review Draft Zoning Ordinance
• Next Steps

After the presentation, workshop participants divided into two breakout tables for discussion.

One breakout table was facilitated by Holly Pearson, and the other breakout table was facilitated by Jen Murillo. Participants had time to speak about their topics of interest and ask questions about the project and Public Review Draft Zoning Ordinance and Zoning Map. A question sheet was used to facilitate discussion.

PARTICIPANT COMMENTS AND QUESTIONS
A summary of responses given for each discussion question is provided below (the questions sheet is attached).

1. Why did you attend this Community Workshop? Did a specific topic bring you here? • Interested in all aspects of zoning.
• Hillside preservation.
• Support zoning code changes to address evolving business needs, trends, and activities.
• Preserve employment and tax generating lands.
• Provide input on the Housing Opportunity Districts (HODs) part of zoning [Note – the HODs is a separate project from the Comprehensive Zoning Ordinance Update, and City Council is expected to take action on the HODs prior to taking action on the zoning update].

2. What topics in the Zoning Ordinance are of most interest to you? • All topics
• Business-supportive regulations
• Land use
• Permit procedures

Lisa Wise Consulting, Inc. | City of Milpitas | Comprehensive Zoning Ordinance Update | 3 • Parking
• Development density/intensity

3. What are your thoughts/comments about those topics?
• Lower permit barriers based on types of use. Reduce Planning Commission decision making where sensible and feasible to attract, retain, and expand businesses.
• Streamline and simplify permitting to support small businesses. • Promote and support innovative and emerging technologies (e.g., artificial intelligence (AI), advanced manufacturing, etc.).
• Make Milpitas a more predictable place for companies to do business. • Protect employment lands from multi-unit housing proposals; locate housing on housing opportunity sites.
• Rezone industrial to residential along S. Milpitas Blvd. • Ensure density and intensity of buildings are compatible with neighboring residences and do not result in negative environmental or safety impacts (e.g., impacts to foundations of existing structures). [Note – this comment was provided in relation to HODs; HODs is a separate project from the Comprehensive Zoning Ordinance Update, and City Council is expected to take action on the HODs prior to taking action on the zoning update].
• Concerns about traffic congestion; desire to get more people on bicycles.

4. What questions/comments do you have about how the Zoning Ordinance Update proposes to address those topics, if any?
• What adjustments to zoning will address changing industries like AI, machine learning, automotive technology/autonomous vehicles, robotics and automation, augmented and virtual reality, etc.?
• Ensure non-industrial uses that locate in industrial-zoned areas do not adversely impact existing industrial uses or deter potential future uses. • Encourage redevelopment of underperforming commercial corridors by continuing to allow vertical and horizontal mixed uses.

MEETING CONCLUSION
After the facilitated breakout discussions, the workshop concluded.

Attached: Community Workshop #2, Question Sheet

CITY OF MILPITAS COMPREHENSIVE ZONING ORDINANCE UPDATE
Community Workshop #2 – January 9, 2025
City of Milpitas | Comprehensive Zoning Ordinance Update | milpitaszoningupdate.org | Page 1 of 2 Question Sheet
Please provide feedback on this sheet if you prefer to write your responses.

1. Why did you attend this Community Workshop? Did a specific topic bring you here? Examples include: To be informed, general interest, concern about a specific issue, etc. ______________________________________________________________________ ______________________________________________________________________

2. What topics in the Zoning Ordinance are of most interest to you? ☐ Land use ☐ Accessory dwelling units (ADUs)
☐ Single-family home design standards ☐ Landscaping
☐ Business-supportive regulations ☐ Development density/intensity ☐ Sign standards ☐ Permit procedures
☐ Parking ☐ Other _________________________

3. What are your thoughts/comments about those topics? (additional space on back) ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

4. What questions/comments do you have about how the Zoning Ordinance Update proposes to address those topics, if any
? (additional space on back)
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

CITY OF MILPITAS COMPREHENSIVE ZONING ORDINANCE UPDATE
Community Workshop #2 – January 9, 2025
City of Milpitas | Comprehensive Zoning Ordinance Update | milpitaszoningupdate.org | Page 2 of 2

5. Do you have any general questions or comments about the City’s Zoning Ordinance? If so, please list them here.
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

Lisa Wise Consulting, Inc. | City of Milpitas | Comprehensive Zoning Ordinance Update | 1 Comprehensive Zoning Ordinance
Update – Zoning Advisory Group
City of Milpitas
Zoning Advisory Group (ZAG) Meeting #5 Summary

INTRODUCTION
At 6:12 p.m. on January 16, 2025, the fifth and final meeting of the City of Milpitas Zoning Advisory Group (ZAG) commenced. The meeting was conducted in person at the Milpitas Community Center and with virtual attendance available via Zoom. Notifications of this meeting were distributed by the City and posted on the project website (www.milpitaszoningupdate.org).

The meeting was recorded and posted on the project website so it may be viewed at any time.

ATTENDANCE
ZAG Members
• Frank Bush – Energy & Environmental Sustainability Commission • Ricky Davis – Parks, Recreation & Cultural Resources Commission • Parveen Gupta – Planning Commission (Alternate for Mercedes Albana) • Chris Norwood – Economic Development and Trade
• Becky Strauss – Parks, Recreation & Cultural Resources Commission

ZAG members John Agg (Arts Commission), Prakash Daryani (Economic Development and Trade Commission), Joyita Ghose (Arts Commission), Mercedes Albana (Planning Commission), and Dipak Awasthi (Planning Commission) were absent.

City Staff
• Holly Pearson – Zoning Update Project Manager
• Kristina Phung – Senior Planner
• Liz Medina – Administrative Assistant
Lisa Wise Consulting, Inc.
• Jen Murillo – Director/LWC Project Manager
• Abby Weizer – Associate

Lisa Wise Consulting, Inc. | City of Milpitas | Comprehensive Zoning Ordinance Update | 2

OVERVIEW
The ZAG members approved the agenda for this meeting and approved the summary notes for the September 26, 2024 ZAG meeting (Ayes: 4; Abstain: 1).

Jen Murillo introduced the Zoning Ordinance Update item and then gave a PowerPoint- supported presentation. The presentation covered the following topics:
• Project Objectives and Outreach
• Summary of Public Review Draft Full Zoning Ordinance and Map • ZAG Action Sheet
• Next Steps
ZAG members asked general questions throughout the presentation. The ZAG Action Sheet, along with the topics included in the Summary portion of the presentation, were used to facilitate discussion.

ZAG MEMBER COMMENTS
Below is a summary of comments and questions from ZAG members.

1. Outreach for Draft Zoning Ordinance
• There was interest in the level of public awareness and engagement on this project.

The team reported that there were over 80 respondents to the Online Community Survey offered last year, and press releases, an email list, flyers, mailers, and social media were used for outreach to the public.
• There has generally been low public turnout for events on this project. However, online focus groups offered for the first phase of this project generated more engagement from interested parties (this was after the draft new Business Park Research and Development (BPRD) Zone was available for public review). • For future public meetings, the Draft Zoning Ordinance should be presented to highlight the changes proposed that would provide new/more benefit(s) to the community.

2. General Comments and Key Topics
• The Zoning Ordinance was last comprehensively updated in 2008. • The Draft Zoning Ordinance aims to encourage alternative forms of transportation as much as possible (e.g., bicycle parking, car-share opportunities, sufficient pedestrian infrastructure, transit pass subsidies to employees and residents, etc.) to support reduced parking requirements. Proposed parking requirements reflect and implement policy direction provided in the City’s General Plan, Housing Element, and Climate Action Plan.

Lisa Wise Consulting, Inc. | City of Milpitas | Comprehensive Zoning Ordinance Update | 3 • Using public transportation (in lieu of requiring more residential parking spaces) may not be realistic for commuters or parents. The Zoning Ordinance establishes the minimum number of residential parking spaces required, and maximum parking requirements are only proposed where required by state law or through the adopted Metro Specific Plan. This means that developers and property owners would be at liberty to provide more parking spaces than the minimum number required by the code, if they felt that demand for parking would warrant this and that it would support the marketability of the property to potential buyers or renters. With generally lower parking requirements, property/business owners may consider redesigning their property for increased site utilization. The Draft Zoning Ordinance includes dimensional requirements for parking spaces, so those standards would still need to be complied with and considered with any site redesign. • Accessory dwelling units (ADUs) are heavily regulated by the State, and the City has provided additional opportunities for ADUs (beyond that required by the State) by allowing for a discretionary review and approval process for ADUs that do not comply with the State requirements.
• A question about building exterior colors was raised, and City staff responded that colors for buildings must be regulated objectively.
• The City plans to bring forward an updated fee schedule to address new permits/approvals included in the Draft Zoning Ordinance and establish appropriate fees based on the revised permit levels and review authorities in the Draft Zoning Ordinance.

PUBLIC COMMENTS
Following the presentation, there was an opportunity for public comment. Members of the public offered the following comments:
• The City should consider updating/revising the ADU manual/handbook as appropriate in light of changes proposed in the Draft Zoning Ordinance. • Reduced parking requirements for residential would not be ideal for households with older children (with a driver’s license), especially since older/adult children are staying at home with their parents longer.
• During the discussion of reduced parking requirements, there was acknowledgement that delivery services (e.g., restaurant delivery – Uber Eats, etc.) may modify/lower need for parking spaces.
• Though the Housing Opportunity District (HOD) project is separate from the Zoning Ordinance update, there is concern that the HOD project (on Landess Avenue specifically) conflicts with the goal of preserving and protecting established single- family neighborhoods.

Lisa Wise Consulting, Inc. | City of Milpitas | Comprehensive Zoning Ordinance Update | 4 Note: Public Comment was agendized after Action Sheet Questions and Discussion, but the ZAG elected to hold Public Comment after ZAG Member Comments.

ACTION SHEET QUESTIONS AND DISCUSSION
An Action Sheet was prepared to showcase how ZAG Member input throughout the project has or has not been implemented into the Draft Zoning Ordinance. The Action Sheet provided reference to relevant Draft Zoning Ordinance sections. Items that were not implemented were largely outside of the scope of the Zoning Ordinance update. Below summarizes comments/questions from the ZAG regarding the ZAG Action Sheet. • Though tree loss and replacement are concerns (Item C-3), the Zoning Ordinance addresses street frontage planting and maintenance, but tree replacement is addressed outside of the Zoning Ordinance.
• ZAG members may continue to refer to this Action Sheet as the Draft Zoning Ordinance update project continues, although the ZAG meetings have concluded.

ADJOURNMENT
At 7:41 p.m., the meeting adjourned.

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: FY 2024-25 2nd Quarter Financial Status Report for the Quarter Ended December 31, 2024 (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111) Category: Consent Calendar-Leadership and Support Services Meeting Date: 3/04/2025
Recommendation: Review the FY 2024-25 Quarterly Financial Status Report for the quarter ended December 31, 2024.

BACKGROUND:

On June 4, 2024, the City Council approved the Fiscal Year (FY) 2024-25 Adopted Operating Budget in the amount of $249.8 million and the General Fund Budget in the amount of $138.5 million. After adoption of the budget, staff monitors revenues and expenditures for all funds on an on-going basis, with an emphasis on the General Fund and Enterprise Funds and provides a Quarterly Financial Status Report for City Council review.

ANALYSIS:

This staff report provides a quarterly update on budget versus actual revenues and expenditures of the General, Water, and Sewer Funds, the City’s major operating funds. The summary information below as well as the attachments comprise the FY 2024-25 Quarterly Financial Status Report for the quarter ended December 31, 2024. Major revenue sources and expenditures for these funds are discussed below. The attachments provide a more detailed summary of budget versus actual revenues and expenditures for the second quarter of FY 2024-25 as well as prior year actuals for comparison purposes.

General Fund
On June 4, 2024, the City Council approved the FY 2024-25 Adopted Operating General Fund Budget in the amount of $138.5 million. As of December 31, 2024, the City received $39.3 million in revenues, or 29.2% of the FY 2024-25 adopted revenue budget and incurred $77.0 million in expenditures, or 54.3% of the FY 2024- 25 adopted operating budget.

Revenues and expenditures are seasonal with cash flow fluctuations due to timing of revenue receipts and City services rendered. As such, actual percentage of revenues may not match the lapsed period of the quarterly report (i.e., 29.2% of revenue received fiscal year to date versus an expected approximately 50% for 6-month time period).

General Fund Revenues
As noted above, the six months ending December 31, 2024, the General Fund has received $39.3 million, or

29.2% of the FY 2024-25 amended revenue budget of $139.5 million, which includes $2.5 million in Facilities Replacement Reserve for the FY 2024-25 appropriation of the FY 2025-29 Capital Improvement Program approved by City Council on April 16, 20241, the appropriation of $1,288,745 million of Public Employees Retirement (PERS) Rate Stabilization Reserve through the June 4, 2024 Council adoption of the FY 2024-25 Operating Budget, the $532,404 use of Future Deficit Reserve approved by Council on November 19, 2024 to fund economic incentives in an adopted Memorandum of Understanding between the City of Milpitas and International Association of Firefighters, and the $521,061 use of the Facilities Replacement Reserve approved by Council on January 7, 2025 to fund critical Library elevator repairs. The FY 2024-25 Adopted Budget assumed a slight recovery in revenue, which is discussed further below by major categories. 1 CIP 2494 City Hall Air Handlers $2.5 million

General Fund
Revenues
FY2024-25 Adopted
Budget
FY2024-25
Adjusted
Budget
FY2024-25
Receipts
12/31/2024
Outstanding
Favorable/
(Unfavorable) % Receipts
FY2023-24
Receipts
12/31/2023
FY2024-25
vs FY2023-
24 % Increase/
(Decrease)
Property Tax $50,271,338 $50,071,338 $8,323,274 $(41,948,064) 16.6% $7,911,311 5.2% Sales and Use
Tax 29,562,305 29,562,305 9,634,553 (19,927,752) 32.6% 9,753,064 (1.2)% Sales and Use
Tax - Measure F 7,340,550 7,340,550 2,229,905 (5,110,645) 30.4% 2,392,006 (6.8)% Transient
Occupancy Tax 13,032,550 13,032,550 5,582,660 (7,449,890) 42.8% 4,973,415 12.3% Licenses, Permits
& Fines 9,231,118 9,231,118 4,279,887 (4,951,231) 46.4% 3,750,316 14.1% Operating
Transfer In 8,478,722 8,478,722 2,401,861 (6,076,861) 28.3% 2,721,743 (11.8%) Charges for
Services 7,877,721 7,877,721 3,176,589 (4,701,131) 40.3% 2,970,218 6.9% Franchise Fees 5,990,422 5,990,422 1,338,074 (4,652,348) 22.3% 1,544,063 (13.3)% Use of Money and
Property 1,179,201 1,179,201 968,130 (211,067) 82.1% 415,059 133.3% Other Taxes 1,135,518 1,135,518 425,964 (709,554) 37.5% 473,380 (10.0)% Intergovernmental 299,201 299,201 651,316 352,115 217.7% 156,506 316.2% Other Revenues 288,309 288,309 285,057 (3,252) 98.9% 937,682 (69.6)% Total General
Fund Revenue1 $134,686,955 $134,686,955 $39,297,270 ($95,389,685) 29.2% $37,998,763 3.4% 1 Total General Fund Revenue does not include the use of $3.0 million in Facilities Replacement Reserve, $1,288,745 million of Public Employees Retirement (PERS) Rate Stabilization Reserve, and $532,404 of the Future Deficit Reserve. •Property Taxes and Redevelopment Property Tax Trust Fund: The significant majority of property tax revenue is received in December and April, following the payment of property taxes by taxpayers. The revenue forecast estimates $50 million in total property tax revenue for the City of Milpitas based on County of Santa Clara (County) projections. The County’s most recent update on February 7, 2025 forecasts property tax projections as $1.3 million higher than the adopted budget. •Sales & Use Tax: Sales tax is distributed to municipalities two quarters in arrears from the State of California Department of Tax and Fee Administration (CDTFA). As of December 31, 2024, the City received four months of sales tax receipts, July through October. Revenues are 1.2% lower than last year at the same time, largely due to reduced consumer consumption. •Sales & Use Tax – Measure F: This voter-approved district tax became operative April 1, 2021 and sunsets on March 31, 2029. Measure J, which extends Measure F by eight years to March 31, 2037, was placed on the November 5, 2024 ballot was approved by the voters with approximately 80.1% “Yes” votes. As of December 31, 2024, the City has received four months of sales tax receipts, July through October, for Measure F. Revenues are 6.8% lower than last year at the same time, largely due to reduced consumer consumption.
•Franchise Fees: Revenue is trending 13.3% lower compared to last year. Sanitation franchise fees attributed to December has not yet been received; sanitation franchise fees are typically received one month in arrears.
•Hotel/Motel (Transient Occupancy Tax [TOT]) Tax: Revenues are 12.3% higher than last year at the same time. Hotel operators are beginning to see higher TOT revenues although the City has received

slightly less than 50% of the adopted budget this quarter. •License and Permits: Revenues are 14.1% higher than last year at the same time. Developer and builder project delivery timelines and respective building permit revenues fluctuate and are seldom within City control.
•Charges for Services: Revenues are 6.9% higher than last year at the same time. This is largely due to an increase in Recreation and Community Services program revenues. •Use of Money and Property: Revenues are two times higher than last year at the same time, as the City’s investment portfolio is earning significantly higher income than last year. This uptick in investment income is primarily due to higher yield rates in the short-term portfolio, given sustained high interest market rates through most of the fiscal quarter.
•Intergovernmental – Revenues are four times higher than last year at the same time, largely due to Fire mutual aid reimbursements received. Intergovernmental revenues also include grant revenues which varies based upon grants received year by year.

Expenditures
For the six months ending December 31, 2024, the General Fund has utilized $77.0 million (including encumbrances of $5.5 million), or 54.3%, of the FY 2024-25 amended operating budget of $141.6 million. The adjusted operating budget represents $138.5 million of the adopted appropriation and $2.1 million of carryover encumbrances and $1.0 million in amendments. As of December 31, 2024 General Fund expenditures are consistent with prior year as a percentage expended of the budget.

FY2024-25
vs.

FY2023-24
Departments
FY2024-25
Adopted
Budget
FY2024-25
Adjusted
Budget Expenditure Encumbrance
Total YTD
Expenditure +
Encumbrances
% of
Adjusted
Budget
FY2023-24
Expenditure
Including
Encumbrance
Increase/
(Decrease)
City Attorney 1,214,142 1,249,302 578,245 109,179 687,423 55.0% 621,691 10.6% City Clerk 634,488 634,488 277,205 a0 277,205 43.7% 290,157 (4.5%) City Council 631,378 679,887 256,048 48,774 304,822 44.8% 256,536 18.8% City Manager 2,196,244 2,254,845 1,074,844 170,179 1,245,023 55.2% 1,152,690 8.0% Economic
Development 1,229,397 1,345,250 511,760 129,895 641,655 47.7% 467,444 37.3% Engineering 4,721,478 4,870,659 1,842,700 92,758 1,935,458 39.7% 1,667,995 16.0% Finance 5,205,109 5,515,445 2,274,208 423,622 2,697,830 48.9% 2,531,200 6.6% Fire 31,442,612 32,656,491 16,724,589 188,570 16,913,159 51.8% 14,752,353 14.6% Human Resources 2,348,798 2,404,176 1,086,123 175,012 1,261,135 52.5% 1,009,991 24.9% Information
Technology 5,135,405 5,425,896 1,948,913 534,990 2,483,903 45.8% 2,301,237 7.9% Non-Departmental 6,971,506 6,809,226 6,763,326 372,991 7,136,317 104.8% 7,060,291 1.1% Office of Building
Safety1 5,209,329 5,351,243 2,565,907 53,313 2,619,220 48.9% Office of Housing1 316,778 316,778 177,856 0 177,856 56.1% 3,643,946 (23.2%)
Planning 3,346,853 3,409,785 1,527,222 281,921 1,809,142 53.1% 1,127,984 60.4% Police 45,836,039 46,148,925 21,193,500 895,376 22,088,876 47.9% 20,928,466 5.5% Public Works 11,709,439 12,128,978 5,668,849 1,541,739 7,210,588 59.4% 6,906,129 4.4% Recreation &
Community
Services 6,981,060 7,087,511 3,673,048 454,276 4,127,324 58.2% 3,798,771 8.6% Transfers
In/Out/Revenue 3,345,645 3,345,645 3,345,645 0 3,345,645 100.0% 3,243,817 3.1%

Grand Total $138,475,700 $141,634,531 $71,489,987 $5,472,593 $76,962,580 54.3% $71,760,698 7.2% 1 The Department of Building Safety and Housing was realigned in FY 2024-25. The Department was separated into two functions – Office of Building Safety and Office of Housing – under the governance of the City Manager’s Office. Code Enforcement was merged into the Planning Department. Due to this restructuring, direct comparison of FY 2023-24 expenses and percentage changes to FY2024-25 is not feasible.

Grants and Donations
In accordance with City Council approved Budget Guidelines, the City Manager has the authority to accept grants and donations up to $100,000. Staff is reporting on acceptance of these grants and donations for this quarter.

1. Bulletproof Vest Partnership (BVP) Grant - $6,279

2. Santa Clara County Public Health Department for Healthy Cities Program Grant - $22,997 Unanticipated Expenditure Reserve
In accordance with the City Council approved Budget Guidelines, as part of the quarterly financial status reports, Staff is reporting on the expenditures from the Unanticipated Expenditure Reserve for this quarter.

Unanticipated Expenditure Reserve Uset
DataProse LLC (Measure F Bill Inserts) $15,537
Admail-Express, Inc. (Measure J Material Printing Services) $22,184 TOTAL for the Quarter Ending December 31, 2024 $ 37,721 Water Maintenance & Operation (M&O) Fund Financial Status Revenues: For the six months ended December 31, 2024, $19.0 million of charges for services, or 57.6%, of the $33.0 million budgeted, has been received. Total revenue received amounts to $19.4 million, or 57.8%, of the $33.6 million budgeted.

Expenditures: For the six months ended December 31, 2024, $32.6 million, or 80.4%, of the $40.5 million amended budget has been spent and/or encumbered. The Santa Clara Valley Water District and San Francisco Water Department wholesale water purchase contract encumbrances were posted for the full year in the first quarter of FY 2024-25.

Sewer Maintenance & Operation (M&O) Fund Financial Status Revenues: For the six months ended December 31, 2024, $13.1 million of charges for services, or 52.8%, of the $24.8 million budgeted has been received. Total revenue received amounts to $13.3 million, or 52.9%, of the $25.2 million budgeted.

Expenditures: For the six months ended December 31, 2024, $14.1 million, or 77.4%, of the $18.2 million amended budget has been spent and/or encumbered. The City of San José wastewater treatment contract encumbrance was posted for the full year in the first quarter of FY 2024-25.

POLICY ALTERNATIVE(S):

This Agenda Report does not recommend any policy action by the City Council. Staff is presenting actual unaudited financial data to keep the Council and the public informed about the City’s financial status.

FISCAL IMPACT:

There is no fiscal impact to the review of this report, which provides a financial update of the City’s General, Water and Sewer funds for the quarter ended December 31, 2024.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

This item is not a Project under CEQA exempt under CEQA Guideline 15378(b)(4) as it is a government fiscal activity that does not involve a commitment to any specific project which may result in a potentially significant physical impact on the environment.

RECOMMENDATION:

Review the FY 2024-25 Quarterly Financial Status Report for the quarter ended December 31, 2024.

ATTACHMENT(S):
(a) FY 2024-25 Revenue Report for Fiscal Year-To-Date December 31, 2024 (b) FY 2024-25 General Fund Expenditures by Department December 31, 2024 (c) FY 2024-25 Water and Sewer Funds Financial Status for Fiscal Year-To-Date December 31, 2024

FY25
FY25
FY25
FY25
FY25
FY24
Percentage
Increase/(Decrease)
Adopted Budget
Amended Budget
Receipts 12/31/2024
Outstanding
Favorable/
(Unfavorable)
% Receipt
FY24 Receipts
12/31/2023
FY24 vs FY25
Property Tax
50,271,338
$

50,271,338
$

8,323,274
$

(41,948,064)
$

16.6%
7,911,311

5.2%
Sales and Use Tax
29,562,305
29,562,305
9,634,553
(19,927,752)
$

32.6%
9,753,064
-1.2%
Sales and Use Tax - Measure F
7,340,550
7,340,550
2,229,905
(5,110,645)
$

30.4%
2,392,006
-6.8%
Transient Occupancy Tax
13,032,550
13,032,550
5,582,660
(7,449,890)
$

42.8%
4,973,415

12.3%
Licenses, Permits & Fines
9,231,118
9,231,118
4,279,887
(4,951,231)
$

46.4%
3,750,316

14.1%
Operating Transfer In
8,478,722
8,478,722
2,401,861
(6,076,861)
$

28.3%
2,721,743
-11.8%
Charges for Services
7,877,721
7,877,721
3,176,589
(4,701,132)
$

40.3%
2,970,218

6.9%
Franchise Fees
5,990,422
5,990,422
1,338,074
(4,652,348)
$

22.3%
1,544,063
-13.3%
Use of Money and Property
1,179,201
1,179,201
968,130
(211,071)
$

82.1%
415,059
133.3%
Other Taxes
1,135,518
1,135,518
425,964
(709,554)
$

37.5%
473,380
-10.0%
Intergovernmental
299,201
299,201
651,316
352,115
$

217.7%
156,506
316.2%
Other Revenues
288,309
288,309
285,057
(3,252)
$

98.9%
937,682
-69.6%
Total General Fund Revenue
134,686,955
134,686,955
39,297,270
$

(95,389,685)
$

29.2%
37,998,763
$

3.4%
Facility & Technology Reserves
2,500,000
3,021,061
PERS Stabilization Reserve
1,288,745
1,288,745
Future Deficit Reserve
532,404
Total General Fund Revenues & Reserves
138,475,700
$

139,529,165
$

CITY OF MILPITAS
Attachment A
General Fund Revenues
For Fiscal Year-To-Date December 31, 2024
General Fund Revenues

Percentage
Increase (Decrease)
Departments
Adopted
Budget
Amendments
Grants C/O
Encumb.

C/O
Amended
Budget
Expenditure
Encumbrance
Total YTD
Expenditure
% of
Amended
Budget
FY24
Expenditure
Including
Encumbrance
% of
Amended
FY24 Budget
FY25 / FY24
City Attorney
1,214,142
0 0
35,160
1,249,302
578,245
109,179
687,423

55.0%
621,691

50.8%

10.6%
City Clerk
634,488
0 0
0 634,488
277,205
0 277,205

43.7%
290,157

44.7%
-4.5%
City Council
631,378
0 0
48,509
679,887
256,048
48,774
304,822

44.8%
256,536

38.1%

18.8%
City Manager
2,196,244
-109,779
0 168,380
2,254,845
1,074,844
170,179
1,245,023

55.2%
1,152,690

47.0%

8.0%
Economic Development
1,229,397
50,000
0 65,853
1,345,250
511,760
129,895
641,655

47.7%
467,444

39.8%

37.3%
Engineering
4,721,478
74,168
0 75,013
4,870,659
1,842,700
92,758
1,935,458

39.7%
1,667,995

41.6%

16.0%
Finance
5,205,109
109,779
0 200,558
5,515,445
2,274,208
423,622
2,697,830

48.9%
2,531,200

49.5%

6.6%
Fire
31,442,612
1,020,882
0 192,997
32,656,491
16,724,589
188,570
16,913,159

51.8%
14,752,353

49.9%

14.6%
Human Resources
2,348,798
0 0
55,378
2,404,176
1,086,123
175,012
1,261,135

52.5%
1,009,991

49.7%

24.9%
Information Technology
5,135,405
0 0
290,491
5,425,896
1,948,913
534,990
2,483,903

45.8%
2,301,237

45.6%

7.9%
Non-Departmental
6,971,506
-435,108
0 272,828
6,809,226
6,763,326
372,991
7,136,317
104.8%
7,060,291

84.5%

1.1%
Office of Building Safety
5,209,329
36,588
46,594
58,732
5,351,243
2,565,907
53,313
2,619,220

48.9%
-23.2%
Office of Housing
316,778
0 0
0 316,778
177,856
0 177,856

56.1%
Planning
3,346,853
0 16,050
46,882
3,409,785
1,527,222
281,921
1,809,142

53.1%
1,127,984

52.3%

60.4%
Police
45,836,039
86,295
16,618
209,973
46,148,925
21,193,500
895,376
22,088,876

47.9%
20,928,466

50.5%

5.5%
Public Works
11,709,439
89,947
0 329,592
12,128,978
5,668,849
1,541,739
7,210,588

59.4%
6,906,129

60.6%

4.4%
Recreation & Community Services
6,981,060
12,664
0 93,787
7,087,511
3,673,048
454,276
4,127,324

58.2%
3,798,771

55.4%

8.6%
Transfers In/Out/Revenue
3,345,645
0 0
0 3,345,645
3,345,645
0 3,345,645
100.0%
3,243,817
100.0%

3.1%
Grand Total
138,475,700
935,436
79,262
2,144,134
141,634,531
71,489,987
5,472,593
76,962,580

54.3%
71,760,698

54.4%

7.2%
City of Milpitas
General Fund Expenditures By Department Financial Status For Fiscal Year-To-Date December 31, 2024
3,643,946

56.4%
Attachment B

Revenue Categories
Adopted Budget
Amendments
Grants C/O
Amended
Budget
Receipt
Outstanding
% Receipt
Receipt
12/31/2023
% Receipt
12/31/2023
Charges for Services
32,971,334
$

-
$

-
$

32,971,334
$

18,996,675
$

13,974,659
$

57.6%

17,566,685
$

52.1%

Intergovernmental
-

-

-

-

(256,495)

256,495

-

-

-

Licenses, Permits & Fines
-

-

-

-

-

-

-

-

-

Other Revenues
-

-

-

-

176,074
$

(176,074)

-

283,743

-

Use of Money and Property
585,286

-

-

585,286

466,037
$

119,249

79.6%

286,556

66.9%

Grand Total
33,556,620
$

-
$

-
$

33,556,620
$

19,382,291
$

14,174,329
$

57.8%

18,136,984
$

53.1%

Expenditures by
Department
Adopted Budget
Amendments
Grants C/O
Encumb. C/O
Amended
Budget
Expenditure
Encumbrance
Total YTD Exp.
% of Amended
Budget
Total YTD Exp.
12/31/2023
% of Amended Budget
12/31/2023
City Attorney
9,270
$

-
$

-
$

-
$

9,270
$

-
$

-
$

-
$

-

-
$

-

City Manager
9,167

-

-

-

9,167

3,438

4,813

8,251

-

-

-

Finance
1,251,174

-

-

27,379

1,278,553

611,414

53,109

664,523

52.0%

559,270

50.4%

Non-Departmental
27,032,724

-

-

2,958,353

29,991,077

12,346,575

14,526,803

26,873,378

89.6%

24,411,144

98.3%

Public Works
5,433,833

150,000

-

250,424

5,834,257

2,682,560

487,292

3,169,852

54.3%

2,285,003

45.6%

Transfers In/Out/Revenue
3,363,508

-

-

-

3,363,508

1,844,254

-

1,844,254

54.8%

1,434,649

50.0%

Grand Total
37,099,676
$

150,000
$

-
$

3,236,156
$

40,485,832
$

17,488,241
$

15,072,017
$

32,560,258
$

80.4%

28,690,066
$

84.7%

Revenue Categories
Adopted Budget
Amendments
Grants C/O
Amended
Budget
Receipt
Outstanding
% Receipt
Receipt
12/31/2023
% Receipt
12/31/2023
Charges for Services
24,820,533
$

-
$

-
$

24,820,533
$

13,117,302
$

11,703,231

52.8%

12,325,220
$

52.4%

Intergovernmental
-

-

-

-

-
$

-

-

-

-

Licenses, Permits & Fines
-

-

-

-

(209,781)
$

209,781

-

553

-

Other Revenues
-

-

-

-

150,878

(150,878)

-

111,297

-

Use of Money and Property
340,742

-

-

340,742

253,050
$

87,692

74.3%

154,492

53.8%

Grand Total
25,161,275
$

-
$

-
$

25,161,275
$

13,311,449
$

11,849,826

52.9%

12,591,562
$

52.8%

Expenditures by
Department
Adopted Budget
Amendments
Grants C/O
Encumb. C/O
Amended
Budget
Expenditure
Encumbrance
Total YTD Exp.
% of Amended
Budget
Total YTD Exp.
12/31/2023
% of Amended Budget
12/31/2023
City Manager
9,167
$

-
$

-
$

-
$

9,167
$

3,438
$

4,813
$

8,251
$

-

-
$

-

Engineering
-

-

-

-

-

-

-

-

-

-

-

Finance
802,132

-

-

27,221

829,353

398,027

53,109

451,136

54.4%

359,981

52.8%

Non-Departmental
11,351,009

-

-

139,547

11,490,556

7,223,869

3,340,338

10,564,207

91.9%

12,324,040

109.6%

Public Works
3,538,201

136,293

-

264,783

3,939,277

1,695,394

233,149

1,928,543

49.0%

1,436,642

38.3%

Transfers In/Out/Revenue
1,908,148

-

-

-

1,908,148

1,116,574

-

1,116,574

58.5%

751,812

50.0%

Grand Total
17,608,657
$

136,293
$

-
$

431,551
$

18,176,501
$

10,437,302
$

3,631,409
$

14,068,711
$

77.4%

14,872,475
$

86.5%

Sewer Fund
City of Milpitas
Water and Sewer Funds Financial Status
For Fiscal Year-To-Date December 31, 2024 (unaudited)
Water Fund
Attachment C

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Review Fiscal Year 2024-25 Mid-Year Report, Adopt a Resolution Approving FY2024-25 Mid-year Budget Amendments, and Adopt a Resolution Amending Resolution No. 1626, the Classification Plan to Approve and Adopt the Pay Schedule titled “New Job Classifications/Salary Table” (Staff Contact: Luz Cofresí-Howe, Finance Director, 408-586-3111)
Category: Leadership and Support Services
Meeting Date: 3/4/2025
Recommendation: (1) Review Fiscal Year 2024-25 Mid-Year Report; (2) Adopt a resolution approving FY2024-25 Mid-Year Budget Amendments; and (3) Adopt a resolution amending Resolution No. 1626, the Classification Plan to approve and adopt the pay schedule titled “New Job Classifications/Salary Table,” and amend budgeted allocated positions.

BACKGROUND:

On June 4, 2024, the City Council approved the Fiscal Year (FY) 2024-25 Adopted Operating Budget in the amount of $249.8 million and the General Fund Budget in the amount of $138.5 million. After adoption of the budget, staff monitors revenues and expenditures for all funds with an emphasis on the General Fund and Enterprise Funds.

ANALYSIS:

This staff report provides FY 2024-25 mid-year budget adjustments and position change recommendations for Council consideration.

General Fund
On June 4, 2024, the City Council approved the Fiscal Year FY 2024-25 Adopted Operating General Fund Budget in the amount of $138.5 million. As of December 31, 2024, the City received $39.3 million in revenues and incurred $77.0 million in expenditures. Revenues and expenditures are seasonal with cash flow fluctuations due to timing of revenue receipts and City services rendered. As such, actual percentage of revenues may not match the lapsed period.

Revenues
For the six months ending December 31, 2024, the General Fund has received $39.3 million and increased the use of reserves estimate by $1.1 million for an amended revenue budget of $139.5 million. The proposed FY 2024-25 mid-year budget adjustments total $1.8 million, resulting in a FY 2024-25 amended revenue budget of $141.3 million.

•Charges for Services (Increase $95,850): The proposed amendment increases the revenue estimate by $0.1 million, resulting in estimated Charges for Services of $8.0 million. The proposed amendments align with current trends for the Recreation and Community Services Department, as follows:
oRecreation Fees – An increase of $27,000 brings the FY 2024-25 revenue estimate to $2.7 million.

Contract classes revenues are trending approximately 4% higher than originally anticipated. An increase in contract services to fund instructor compensation is also recommended to sustain the projected enrollment in spring and summer 2025, which is directly tied to the increase in sales. oAfter the Bell (ATB) program – ATB, a long-standing City program, has partnered with the Milpitas Unified School District for the past two years to bus students to the ATB satellite site at Sal Cracolice Recreational Facility. Direct costs for bussing students are the responsibility of the City.

However, 100% of those direct costs for this service are passed on to the customers through the respective program fees. A proposed increase in costs for drivers and bus fuel of $68,850 is directly offset by a proposed increase in estimated revenue of $0.9 million. •Intergovernmental (Increase $1,685,000): The proposed amendment increases the revenue estimate by $1,685,000, resulting in estimated Intergovernmental revenue of $2.0 million. This action recognizes revenue for reimbursable overtime, vehicle and equipment, and administrative support costs related to fire mutual aid provided to other municipalities in response to the wildfire season and other events.

Expenditures
For the six months ending December 31, 2024, the General Fund incurred $77.0 million of expenditures and encumbrances. The proposed FY 2024-25 mid-year adjustments total $2.3 million, resulting in a $141.3 million FY 2024-25 amended expenditure budget.