Agenda packet — Milpitas City Council, August 12, 2025 (part 3 of 6)

during the day and nighttime hours, and a plainclothes patrol inside the retail building to ensure safety and security;
c. Practices and procedures to prohibit consumption of alcohol in the parking lot by having employees regularly patrol the parking lot areas while collecting shopping carts and report any inappropriate activity to the appropriate management staff; d. A burglar, robbery and/or panic alarm;
e. Clearly marked and lighted parking areas to allow for safe circulation; and, f. On-site security twenty-four (24) hours a day during construction to prevent theft or vandalism of construction materials.

C. Business Licenses. Prior to the issuance of a grading permit, demolition or ground or vegetation disturbance; whichever occurs first, the developer will comply with City of Milpitas provisions for obtaining business licenses for the construction contractor and subcontractors.

Prior to the issuance of a Final Certificate of Occupancy, the developer shall comply with City of Milpitas provisions for obtaining business licenses (including amendments to existing licenses) for the building occupant.

B.16.040 Infrastructure, Grading and Construction
Any and all approvals, decisions, reviews or actions required under this section and required for development within the Milpitas Commercial Specific Plan area shall be ministerial, final and not subject to appeal, and shall be processed pursuant to Section B.16.050 (Administration) of this Specific Plan.

A. Infrastructure.

1. General Provisions. Any development in the Specific Plan area shall comply with the following:
a. All existing on -site public utilities shall be protected in place and if necessary relocated as approved by the City Engineer. No permanent structure shall be permitted within City easements and no trees or deep -rooted shrubs are permitted within City utility easements, where the easement is located within landscape areas.
b. Submittal of the Sewer Needs Questionnaire and/or Industrial Waste Questionnaire is required with any building permit application. Payment of the storm water connection fee and treatment plant fee shall be paid prior to building permit issuance.
c. Developer must pay all applicable development fees, including but not limited to, plan check and inspection deposit, and two and one-half percent (2.5%) building permit automation fee. These fees are collected as part of the secured public improvement agreement. The agreement shall be secured for an amount of one hundred percent (100%) of the engineer's estimate of the construction cost for faithful performance and one hundred percent (100%) of the engineer's estimate of the construction cost for labor & materials. All fees shall be paid prior to building permit issuance.

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d. Before building permit issuance, developer shall obtain design approval from the City Engineer pursuant to Section B.16.050.D.7 (Environmental Performance Standards) of this Specific Plan, for all necessary public improvements along Ranch Drive, including, but not limited to, the installation of new pedestrian crosswalk and ped -flashing warning signals, new mid -block ramp, signage and striping, and installation of new median. Developer shall bond for such improvements and execute a secured public improvemen t agreement. The agreement shall be secured for an amount of one hundred percent (100%) of the engineer's estimate of the construction cost for faithful performance and one hundred percent (100%) of the engineer's estimate of the construction cost for labor and materials. All public improvements shall be constructed to the City Engineer's satisfaction and accepted by the City prior to building occupancy permit issuance.
e. At the time of building permit application, developer shall pay any project job account balance due to the City for recovery of review fees. Review of any permit submittals will not be initiated until balance is paid in full.

2. Water Facilities. The Specific Plan area will receive water service from the City of Milpitas.

The City of Milpitas's Urban Water Management Plan indicates that under normal water years, water supplies are sufficient to serve demands within the City through 2030. Under multiple dry year scenarios, demand is expected to surpass supply as soon as 2010.

Because the Specific Plan area has an existing building, that building's water demand is accounted for in the City's water demand projections. Development within the allowable Floor Area Ratio for the Specific Plan area would not create increased potable water demand that would adversely impact the water system. Development may be suspended, however, prior to building permit issuance if necessary to stay within available water supplies and will remain suspended until water is available. The City shall provide Developer with written evidence that available water supplies do not exist prior to suspending any development within the Specific Plan area. The Specific P lan area is estimated to generate ten thousand nine hundred (10,900) gallons per day of water demand. Implementation of the Specific Plan will not require new or expanded water facilities.

Development in the Specific Plan area must install the following indoor water conservation measures prior to issuance of the final certificate of occupancy to reduce overall demand for potable water: low-flow or ultra-low-flow toilets and urinals; and sensor-activated faucets in restrooms.

3. Wastewater Facilities. The Specific Plan area would convey wastewater via municipal sewage infrastructure maintained by the City of Milpitas to the San Jose/Santa Clara Water Pollution Control Plant. A wastewater trunk line is located in North McCarthy Boulevard from SR-237 to the Milpitas Pump Station located at Dixon Landing Road. The trunk line ranges in diameter from thirty-six (36) to forty-eight (48) inches. Development within the allowable Floor Area Ratio for the Specific Plan area would not create increased effluent generation that would adversely impact the sewer system or treatment plan capacity. Development may be suspended, however, prior to building permit issuance if necessary to stay within the safe allocated capacity at the San Jose/Santa Clara Water Pollution Control Plant and will remain suspended until sewage capacity is available. The City shall provide Developer with written evidence that available sewage capacity does not exist prior to suspending any development within the Specific Plan area. The Specific

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Plan area is estimated to generate six thousand three hundred ninety (6,390) gallons per day of effluent. Implementation of the Specific Plan will not require new or expanded wastewater treatment facilities.

Development in the Specific Plan area will be required to pay a Treatment Plant Fee, a standard requirement for new development projects.

4. Storm Drains. Implementation of the Specific Plan will not require new or expanded offsite storm drainage facilities. However, at the time of building permit plan check, the developer shall submit a grading plan and a Drainage Study prepared by a registered Civil Engineer that recommends adequate drainage facilities to properly accept and convey drainage flows from the Specific Plan area. The study shall be reviewed and approved by the City Engineer, pursuant to Section B.16.050 (Administration) of this Spe cific Plan.

Developer shall incorporate the conclusions and recommendations of the approved Drainage Study prior to building permit issuance.

5. Solid Waste Disposal. Republic Services provides solid waste and recycling services to the City of Milpitas, including the Specific Plan area. During construction, it is estimated that the Specific Plan area would generate approximately five thousand seven hundred thirty- seven (5,737) tons of solid waste. During operation, it is estimated that the Specific Plan area would generate approximately 361.7 tons of solid waste annually. Before starting construction in the Specific Plan area, developer shall retain a qualified contractor to perform construction and demolition debris recycling. Developer must document, to the satisfaction of the City of Milpitas, that construction and demolition debris was recycled.

Before building permit issuance, developer shall sh ow on -site facilities necessary to collect and store recyclable materials. The facilities shall include receptacles in public spaces that are of high -quality design and identify accepted materials. Business owners in the Specific Plan area must comply with best management practices for the handling of solid and food wastes, as permitted by and in compliance with local and state solid waste disposal regulations.

6. Natural Gas. PG&E will provide natural gas service to the Specific Plan area and has available natural gas supplies and appropriate transmission capacity to serve the Specific Plan area. The Specific Plan area's estimated annual natural gas consumption is 8.79 million cubic feet.

7. Police Protection. The Milpitas Police Department will provide police protection to the Specific Plan area. No new or expanded police protection facilities are necessary to serve the Specific Plan area.

8. Fire. The Milpitas Fire Department will provide fire protection and emergency medical services to the Specific Plan area. No new or expanded fire protection facilities are necessary to serve the Specific Plan area.

9. Electricity and Telephone. The Specific Plan area is located within PG&E's service territory. PG&E would provide electrical services to the Specific Plan area. PG&E has available electricity supplies and appropriate transmission capacity to serve the Specific Plan area. The Specific Plan area's estimated annual electricity consumption is 2.37 million kilowatt hours.

Telephone service to the Specific Plan area will be provided by AT&T.

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10. Schools. Prior to the issuance of building permits, the developer shall pay school impact fees. Impact fees are currently forty-seven cents ($0.47) per square foot.

B. Project Access. Access to the Specific Plan area allows for safe and efficient travel to and from the area. Administrative provisions and signage of the Specific Plan will facilitate direction and access throughout the area. Public transportation exists in the Specific Plan area and a direct pedestrian connection links the existing retail building with the Ranch Drive sidewalk, allowing for safe and convenient access between the existing retail building and the bus stop. A designated pedestrian connection b etween the existing retail building and the balance of the McCarthy Ranch Marketplace to the south and Ranch Drive to the north exists and will be maintained with any development of the Specific Plan area.

Vehicular access to the Specific Plan area will be provided by two (2) driveways onto Ranch Drive and a McCarthy Ranch Marketplace driveway entrance located to the southeast of the existing retail building.

The driveways on Ranch Drive are stop -controlled and provide single -lane ingress and egress. Truck deliveries would enter via the northern driveway along Ranch Drive and immediately turn right and travel westbound towards the loading dock. Trucks exiting the site would retrace their path to the northern Ranch Drive driveway.

Prior to the issuance of a Certificate of Occupancy, Developer shall obtain the necessary approvals for the installation of VTA bus stop improvements consisting of retention of the bus stop in its existing location, and installation of a seven -foot by twen ty-foot Portland cement concrete shelter pad behind the sidewalk/passenger waiting pad with retaining wall. Bicycle storage facilities shall also be installed prior to the issuance of the final certificate of occupancy. These facilities shall consist of at least one (1) rack located in a visible and convenient location (i.e., near the entrance to the building) and that provides storage equivalent to two (2) percent of the minimum parking requirement in the Specific Plan area.

Developer also shall work with and negotiate in good faith with the adjacent property owner to obtain permission for the design and construction of striped pedestrian crossing and associated median and/or ramp modifications at the shared driveway for McCarthy Ranch Marketplace and Specific Plan area entrances.

C. Grading. Given the relatively level topography within the Specific Plan area, development will result in modest changes to topography and ground surface features. During grading and construction, however, developer shall adhere to all applicable recommendations fo r abating expansive soil conditions contained in the Geotechnical Engineering Investigation or comparable geotechnical study. Prior to the issuance of grading permits, developer shall prepare and submit a Stormwater Pollution Prevention Plan (SWPPP) to the City of Milpitas that identifies specific actions and Best Management Practices (BMPs) to prevent stormwater pollution during construction activities.

D. Construction. During all construction activities within the Milpitas Commercial Specific Plan area, the following measures shall be implemented:

1. Water all active construction areas and exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) at least two (2) times per day;

2. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two (2) feet of freeboard;

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3. Pave, apply water three (3) times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites;

4. Sweep daily (with water sweepers) all paved access roads, parking areas, and staging areas at construction sites;

5. Sweep streets daily (with water sweepers) if visible soil material is carried onto adjacent public streets;

6. All vehicle speeds on unpaved roads shall be limited to fifteen (15) miles per hour;

7. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used;

8. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five (5) minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations).

Clear signage shall be provided for construction workers at all access points;

9. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation; and,

10. A publicly visible sign shall be posted with the telephone number and person to contact at the City of Milpitas regarding dust complaints. This person shall respond and take corrective action within forty -eight (48) hours. The phone number of the Bay Area Air Quality Management District shall also be visible to ensure compliance with applicable regulations.

E. Fiscal Implementation. Implementation of the Specific Plan including, without limitation, construction of all infrastructure and private facilities contemplated in the Specific Plan, will be financed as follows:

1. All infrastructure necessary to implement the Specific Plan will be privately funded (by way of debt and/or equity financing), except to the extent that the cost of components of the infrastructure is a) funded by development impact fees, fair share contri butions and other payments to public agencies and/or b) reimbursed from any public source.

2. All private improvements necessary to implement the Specific Plan will be privately financed (by way of debt and/or equity financing).

B.16.050 Administration
A. Permit Processing. Development within the Specific Plan area that is consistent with the provisions of the Milpitas Commercial Specific Plan and the conceptual site plan, elevations, colors and materials, and landscaping as depicted in Ordinance 38-799, Figures XI-10-11-07-6 through - 9, and the conditions and requirements set forth in Ordinance 38 -799, Figure 10, shall be processed under building permit and/or construction plan review and no additional approvals or permits shall be required. Any review or action by City agencies, entities or individuals (i.e., the Milpitas Police Department; the City Engineer; the City Building Department; Planning Director) on such development submittals shall be considered part of building permit and/or construction plan review. The action shall be limited to a determination of compliance with the provisions of

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the Milpitas Commercial Specific Plan and all applicable building codes and other requirements of the City, County, State and/or other responsible agencies. Building permit and/or construction plan review shall be non-discretionary, final actions that cannot be appealed.

Development that is not consistent with the development standards set forth in the Milpitas Commercial Specific Plan, shall either require a Substantial Conformance Determination, as discussed below, or require approval under the provisions and requirements of the Milpitas Zoning Code for development in the C2 Zone.

Any building permit issuance in the Specific Plan area will be conditioned on the availability of water and sewage capacity as set forth in Sections B.16.040.A.2 (Water Facilities) and B.16.040.A.3 (Wastewater Facilities). Conformance with the provisions of this Specific Plan do not provide a vested right to the issuance of a Building Permit as water and sewage capacity availability is a material (demand/supply) condition to development on the Specific Plan area.

B. Existing Uses. Operation and maintenance of existing uses or structures in the Specific Plan area are not subject to the provisions of the Milpitas Commercial Specific Plan provided a building permit has been obtained and is still valid at the time of the effective date of the provisions codified in this title. Any expansion or development of existing uses or structures, however, would require compliance with the provisions of the Milpitas Commercial Specific Plan.

C. Substantial Conformance Determination.

1. Purpose. A Substantial Conformance Determination is a mechanism to allow the approval of minor modifications for development under the Specific Plan. A Substantial Conformance Determination may include, but is not limited to, minor modifications to the conceptual plans ( Ordinance 38-799, Figures XI-10-11.07-6 through-9); inclusion of land uses not listed in Section B.16.030.A (Land Use Concept ) of the Specific Plan; modifications that might be necessary to comply with applicable infrastructure, public services and facilities requirements, and landscape palette; and other issues. A Substantial Conformance Determination does not apply to significant modifications in the basic design of the Specific Plan area; changes to the height or bulk of the approved uses; or increases in the density or intensity of the approved uses unless specifically permitted by the provisions of this Specific Plan.

The purpose of a Substantial Conformance Determination is to ensure orderly development, quality aesthetic design, and safe and harmonious placement of uses within the Specific Plan area. A Substantial Conformance Determination (unless specifically noted otherwise) shall be made by the Planning Director or designee administratively, without the need for a public hearing. In making a Substantial Conformance Determination, the Planning Director or designee shall first make all of the required findings set forth in this section.

2. Guidelines For A Substantial Conformance Determination. The following guidelines explain the requirements for making a Substantial Conformance Determination, and the limits placed on the degree of variance from the provisions of the Specific Plan that can occur as part of a Substantial Conformance Determination. a. Permitted Land Uses. Land uses not listed as permitted in Section B.16.030 .A (Land Use Concept ) of this Specific Plan may be permitted, with a Substantial Conformance Determination, provided that:

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(i) The proposed use is compatible with the uses permitted described in Section B.16.030.A (Land Use Concept) of this Specific Plan; and (ii) The proposed use is similar to and will not cause environmental impacts substantially greater than the other permitted uses set forth within Section B.16.030.A (Land Use Concept) of this Specific Plan. b. Infrastructure. Any modifications to the alignment of access roads; parking lot configurations, or adjustments to individual infrastructure facilities plans such as drainage, sewer, water, and utilities shall be subject to a Substantial Conformance Determination by the Planning Director or designee. Prior to making a Substantial Conformance Determination, the Planning Director or designee shall make the finding that the proposed modification will not result in any environmental impacts substantially greater than those which would occur without any modification.
c. Environmental Performance Standards. The Planning Director or designee may approve minor variations from the environmental performance standards set forth in Section B.16.050.D.7 (Environmental Performance Standards ) of this Specific Plan, with a Substantial Conformance Determination. In making such a determination, the Planning Director or designee shall first find that the proposed variation provides substantially equivalent environmental protection as the originally approved standard.
d. Conceptual Plan and Other Specific Plan Provisions. Provisions of the Specific Plan including, but not limited to, architectural details; landscape palette; building size, height, bulk, and orientation; parking lot layout; and other plan details may be modified with a Substantial Conformance Determination. In making such a determination, the Planning Director or designee shall be required to find that the revisions requested as part of a Substantial Conformance Determination are consistent with the provisio ns of the Milpitas General Plan, and will not create impacts substantially greater than those that would have resulted from the original approval of the Specific Plan.

A maximum ten (10) percent modification to permitted lot coverage, setbacks, floor area (other than the maximum allowable with the Specific Plan area), parking and fence and wall heights may be permitted subject to a Substantial Conformance Determination by the Planning Director or designee. In making such a determination, the Planning Director or designee shall be required to find that the revisions requested as part of a Substantial Conformance Determination are consistent with the provisions of the Milpitas General Plan, and will not create impacts substantially greater than those that would have resulted from the original approval of the Specific Plan.

The required parking spaces may be reduced by the Planning Director or designee subject to a Substantial Conformance Determination after preparation of a parking study demonstrating the proposed reduction in parking spaces is justified based on the mix of uses within the Specific Plan area and the use of shared parking between those uses.

A comprehensive sign program shall be submitted to the Planning Director for finding that it complies with the signage requirements of the Milpitas Commercial Specific Plan. Such finding shall be made as a part of building permit and/or construction plan r eview. Any subsequent sign permit applications that

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substantially comply with the comprehensive sign program shall be shall be processed as a ministerial building permit and/or construction plan review. Any comprehensive sign program that does not comply with the signage requirements of the Milpitas Commerc ial Specific Plan shall require a Substantial Conformance Determination.

D. Substantial Conformance Determination Procedure.

1. Application. Applications for a Substantial Conformance Determination shall be made on forms provided by the Planning Director or designee and shall be accompanied by a filing fee, equivalent to the fee for a Site Development Permit application. Applications shall be made by the owner of the property for which the approval is sought, or an authorized agent.

2. Hearing. No public hearing shall be required for a Substantial Conformance Determination.

3. Action by Reviewing Authority. The reviewing authority for a Substantial Conformance Determination shall be the Planning Director or designee. The reviewing authority shall take action by providing written notice to the applicant or developer approving, conditionally approving, or denying a Substantial Conformance Determination. The action of the Planning Director or designee shall be final with no appeal.

4. Findings. The Planning Director or designee must make a Substantial Conformance Determination if all of the following findings, in addition to those identified above, can be made:
a. The physical characteristics of the site have been adequately assessed, and proposed building sites are of adequate size and shape to accommodate proposed uses and all other features of development.
b. There is supporting infrastructure, existing or available, consistent with the requirements of the Milpitas Commercial Specific Plan, to accommodate the development without significantly lowering service levels. c. The development resulting from the determination of substantial conformance will not have a substantial adverse effect on surrounding property or the permitted use thereof, and will be compatible with the existing and planned land uses, as well as the character of the surrounding area. d. The proposed improvements related to the development resulting from a Substantial Conformance Determination adequately address all natural and man- made hazards associated with the proposed development and the project site.

5. Periodic Review. After receiving a certificate of occupancy, development in the Milpitas Commercial Specific Plan Area is subject to a six-, twelve- and eighteen-month review by the Planning Commission. The review shall be a public hearing to review conformance of the development with the requirements of the Milpitas Commercial Specific Plan.

6. Specific Plan Amendments.
a. Purpose. Specific Plan amendments are governed by Government Code Section 65453 and Section D.10.070 (Implementation and Amendments). b. Process.

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(i) The Specific Plan may be amended or repealed only by a majority of the voters voting in an election thereon.
(ii) Notwithstanding subsection (a), upon application of the fee title holder of the Milpitas Commercial Specific Plan area, the City Council may amend the Specific Plan to further the purposes of this Specific Plan, but in no case can such amendment reduce or eliminate the parties' obligation to fund, construct, or cause to be funded or constructed, the public benefits or Environmental Performance Standards required.

7. Environmental Performance Standards. The Specific Plan includes environmental performance standards to ensure that development proceeds with appropriate environmental sensitivity. Environmental studies related to aesthetics, light and glare, health risks, air quality, biological resources, geology, soils and seismicity, hazards and hazardous materials, hydrology and water quality, noise, public services and utilities, transportation and urban decay were conducted for an expansion of the existing retail facility in the Specific Plan area. Environmental performance standards were developed from these environmental studies along with information from the City of Milpitas General Plan.

All environmental performance standards shall be implemented in accordance with the Specific Plan's environmental performance standards and implementation process as outlined in Table B.16.050 -A (Milpitas Commercial Specific Plan Environmental Performance Standards). The developer of the Specific Plan area shall bear all costs of implementing the environmental performance standards.

1. Aesthetics, Light, and Glare
AES-1a: Prior to issuance of building permits,
the developer shall prepare and submit a sign
program to the City of Milpitas for review and
approval. The sign program shall demonstrate
compliance with the applicable requirements
with Milpitas Municipal Code Title XI, Chapter

30. The approved sign program shall be
implemented into the proposed project.

Approval of
plans
Prior to issuance
of building
permits
City of Milpitas
Planning
Department

AES-1b: Prior to issuance of grading or building
permits, whichever comes first, the developer
shall obtain a tree removal permit from the
City of Milpitas for any trees slated for
removal with a trunk circumference of 37
inches or more measured at 4.5 feet above
ground level. Replacement of such trees shall
be performed in accordance with the
requirements of the Tree Maintenance and
Protection Ordinance. Removed trees that are
not covered by the Tree Maintenance and
Protection Ordinance (i.e., less than 37 inches
Issuance of
permit; Site
inspection
Prior to issuance
of grading or
building permits
(whichever
comes first);
Prior to issuance
of the final
certificate of
occupancy
City of Milpitas
Planning
Department and
Public Works
Department

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AES-1c: Prior to issuance of the final certificate
of occupancy, the developer shall do one of
the following: 1) permanently remove all
shipping containers from the project site; or 2)
obtain a minor Site Development Permit
Approval and install screening measures in
accordance with Zoning Ordinance
requirements. If the second option is pursued,
outdoor storage of containers shall occur in a
completely enclosed building or behind a
visually obscure solid wall or tight board fence
a minimum 6 feet in height and outside any
front or street side yard setback area.

Site inspection
Prior to issuance
of the final
certificate of
occupancy
City of Milpitas
Planning
Department

AES-2: Prior issuance building permits, the
developer shall ensure that all exterior lighting
fixtures associated with the existing retail
building (building-mounted and freestanding)
are shielded, recessed, or directed downward
to prevent unwanted illumination of
neighboring properties.

Approval of
plans
Prior issuance
building permits
City of Milpitas
Planning
Department

2. Air Quality
AIR-3: The following measures shall be
implemented during all construction activities: Site inspection During
construction
activities
City of Milpitas
Building Safety
and Housing
Department

• Water all active construction areas
and exposed surfaces (e.g., parking
areas, staging areas, soil piles,
graded areas, and unpaved access
roads) at least two times per day.

• Cover all trucks hauling soil, sand,
and other loose materials or require
all trucks to maintain at least 2 feet
of freeboard.

• Pave, apply water three times daily,
or apply (non-toxic) soil stabilizers on
all unpaved access roads, parking
areas and staging areas at
construction sites.

• Sweep daily (with water sweepers)
all paved access roads, parking

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• All vehicle speeds on unpaved roads
shall be limited to 15 miles per hour.
• All roadways, driveways, and
sidewalks to be paved shall be
completed as soon as possible.

Building pads shall be laid as soon as
possible after grading unless seeding
or soil binders are used.

• Idling times shall be minimized
either by shutting equipment off
when not in use or reducing the
maximum idling time to 5 minutes
(as required by the California
airborne toxics control measure Title
13, Section 2485 of California Code
of Regulations). Clear signage shall
be provided for construction workers
at all access points.

• All construction equipment shall be
maintained and properly tuned in
accordance with manufacturer's
specifications. All equipment shall be
checked by a certified mechanic and
determined to be running in proper
condition prior to operation.

• Post a publicly visible sign with the
telephone number and person to
contact at the City of Milpitas
regarding dust complaints. This
person shall respond and take
corrective action within 48 hours.

The phone number of the Bay Area
Air Quality Management District
shall also be visible to ensure
compliance with applicable
regulations.

AIR-7a: The developer shall use paving
materials with increased solar reflectivity in
areas where pavement is replaced. Such
materials shall use light-colored aggregate or
other appropriate methods to achieve high
solar reflectivity. The developer shall provide
Approval of
plans and site
inspection
Prior to issuance
of Building
Permit
City of Milpitas
Planning
Department

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AIR-7b: Prior to issuance of the final certificate
of occupancy, the developer shall post signs in
the loading docks advising truck drivers to turn
off engines when not in use and advising truck
drivers of state law prohibiting diesel idling of
more than 5 minutes.

Site inspection
Prior to issuance
of the final
certificate of
occupancy
City of Milpitas
Planning
Department

AIR-7c: Prior to issuance of the final certificate
of occupancy, the developer shall do the
following:

Approval of
plans; Site
inspection;
ongoing
Prior to issuance
of the building
permit; ongoing.

City of Milpitas
Planning
Department and
Building Safety
and Housing
Department

• Prior to building permit issuance, a
secondary closed loop system shall
be evaluated and implemented, if
found to be technically and
economically feasible. Details and
specifications shall be included with
the construction drawings.

• The developer shall maintain the
refrigeration system at least once
per year to ensure that refrigerant
leaks remain minimal. The
maintenance records shall be kept
onsite for review by the City of
Milpitas.

• During installation of the new
refrigerators and freezers, effort
shall be made to reuse the existing
refrigerants in the new system,
unless the old refrigerant is not the
same type as is proposed in the new
system or more leakage would occur
if the refrigerants are reused.

AIR-7d: Prior to issuance of the final certificate
of occupancy, the developer shall provide the
following Transportation Demand
Management measures:

Site inspection
Prior to issuance
of the final
certificate of
occupancy
City of Milpitas
Planning
Department

• Public transit information in the
employee breakroom. Store
management shall post information
such as Santa Clara Valley
Transportation Authority bus and
light rail schedules, maps, and fares.

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Table B.16.050-A: Milpitas Commercial Specific Plan Environmental Performance Standards Environmental Performance Standards Method of
Verification
Timing of
Verification
Responsible
for Verification
Verification
of
Completion
Date Initial
• Ride sharing information in the
employee breakroom. Store
management shall facilitate ride
sharing by providing sign-up sheets
or other measures to allow
interested employees to identify
carpooling opportunities.

• Bicycling information. Store
management shall post information
such as bicycle route maps and
information about taking bikes on
public transportation.

AIR-7e: To reduce construction related
greenhouse gas impacts, the following
measures are required:

Submittal of
docu-
mentation
During
construction
activities
City of Milpitas
Planning
Department

• At least 15 percent of the
construction vehicles/equipment
shall be fueled by an alternative
source such as biodiesel and/or
electric.

• At least 10 percent of all building
materials shall be local (within 100
miles); and

• At least 50 percent of construction
and demolition materials shall be
recycled. This latter provision shall
be coordinated with Mitigation
Measure PSU-6a.

3. Biological Resources
BIO-1: If vegetation removal associated with
development of the property is to occur during
the nesting bird season (February 15 through
August 31), a qualified biologist shall conduct a
pre-construction survey for nesting birds to
identify any potential nesting activity. The pre-
construction surveys for nesting birds shall be
conducted within 14 days prior to any
construction-related activities (grading, ground
clearing, etc.). If nesting birds are identified on
the site, a 100-foot buffer shall be maintained
around the nests; no construction-related
activities shall be permitted within the 100-
foot buffer. A qualified biologist shall monitor
the nests, and construction activities may
commence within the buffer area at the
discretion and presence of the biological
Submittal of
docu-
mentation; Site
inspection
Within 14 days
prior to any
construction-
related activities
during the
nesting bird
season (February
15 through
August 31)
City of Milpitas
Planning
Department

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4. Geology, Soils, and Seismicity
GEO-1a: Prior to issuance of building permits,
the developer shall submit a seismic hazards
technical study prepared by a qualified
geotechnical engineer to the City of Milpitas
for review and approval. The report shall be
prepared in accordance with the requirements
of the Seismic Hazards Mapping Act and shall
identify necessary design measures to reduce
potential seismic ground shaking impacts to
acceptable levels. The developer shall
incorporate the approved design measures
into the project plans.

Approval of
plans
Prior to issuance
of building
permits
City of Milpitas
Building Safety
and Housing
Department

GEO-1b: Prior to issuance of building permits,
the developer shall submit a design-level
geotechnical investigation to the City of
Milpitas for review and approval. The design-
level investigation shall address the potential
for ground failure to occur onsite and identify
abatement measures to reduce the potential
for such an event to acceptable levels. The
abatement measures shall be incorporated
into the project design.

Approval of
plans
Prior to issuance
of building
permits
City of Milpitas
Building Safety
and Housing
Department

GEO-1c: Prior to issuance of building permits,
the developer shall submit plans to the City of
Milpitas for review and approval that
demonstrate that the proposed project is
designed in accordance with all state and local
seismic safety requirements. Such
requirements shall include the California
Building Standards Code and Milpitas
Municipal Code, Title II. The approved plans
shall be incorporated into the project design.

Approval of
plans
Prior to issuance
of building
permits
City of Milpitas
Building Safety
and Housing
Department

GEO-4: During grading and construction, the
developer shall adhere to all applicable
recommendations for abating expansive soil
conditions contained in the Geotechnical
Engineering Investigation or comparable
geotechnical study. This includes the
excavation of expansive soils and the
subsequent replacement of such soils with
non-expansive engineered fill.

Site inspection During grading
and construction
City of Milpitas
Building Safety
and Housing
Department

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5. Hydrology and Water Quality
HYD-1: Prior to the issuance of grading permits
for the proposed project, the developer shall
prepare and submit a Stormwater Pollution
Prevention Plan (SWPPP) to the City of
Milpitas that identifies specific actions and
Best Management Practices (BMPs) to prevent
stormwater pollution during construction
activities. The SWPPP shall identify a practical
sequence for BMP implementation and
maintenance, site restoration, contingency
measures, responsible parties, and agency
contacts. The SWPPP shall include, but not be
limited to, the following elements:

Approval of
plan
Prior to the
issuance of
grading permits
City of Milpitas
Planning
Department and
Engineering
Department

• Temporary erosion control measures
shall be employed for disturbed
areas.

• No disturbed surfaces shall be left
without erosion control measures in
place during the winter and spring
months.

• Sediment shall be retained onsite by
a system of sediment basins, traps,
or other appropriate measures.

• The construction contractor shall
prepare Standard Operating
Procedures for the handling of
hazardous materials on the
construction site to eliminate or
reduce discharge of materials to
storm drains.

• BMP performance and effectiveness
shall be determined either by visual
means where applicable (e.g.,
observation of above-normal
sediment release), or by actual water
sampling in cases where verification
of contaminant reduction or
elimination (such as inadvertent
petroleum release) is required by the
RWQCB to determine adequacy of
the measure.

• In the event of significant
construction delays or delays in final
landscape installation, native grasses
or other appropriate vegetative

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HYD-2: Prior to the issuance of building
permits for the proposed project, the
developer shall submit a stormwater
management plan to the City of Milpitas for
review and approval. The stormwater
management plan shall comply with the
requirements of Milpitas Municipal Code Title
XI, Chapter 16 and identify pollution
prevention measures and practices to prevent
polluted runoff from leaving the project site.

Examples of stormwater pollution prevention
measures and practices to be contained in the
plan include, but are not limited to:

Approval of
plan
Prior to the
issuance of
building permits
City of Milpitas
Planning
Department and
Engineering
Department

• Strategically placed bioswales and
landscaped areas that promote
percolation of runoff

• Pervious pavement
• Roof drains that discharge to
landscaped areas
• Trash enclosures with screen walls
• Stenciling on storm drains
• Curb cuts in parking areas to allow
runoff to enter landscaped areas
• Rock-lined areas along landscaped
areas in parking lots
• Catch basins
• Oil/water separators
• Regular sweeping of parking areas
and cleaning of storm drainage
facilities

• Employee training to inform store
personnel of stormwater pollution
prevention measures

The developer shall also prepare and submit
an Operations and Maintenance Agreement to
the City identifying procedures to ensure that
stormwater quality control measures work
properly during operations.

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6. Public Services and Utilities
PSU-3: Prior to building permit issuance, the
developer shall include details and
specification in the construction drawings and
install the following indoor water conservation
measures:

Approval of
plans
Prior to issuance
of the final
certificate of
occupancy
City of Milpitas
Planning
Department,
Building Safety
and Housing
Department and
Engineering
Department

• Low-flow or ultra-low-flow toilets
and urinals
• Sensor-activated faucets in
restrooms
PSU-6a: Prior to the commencement of
construction activities, the developer shall
retain a qualified contractor to perform
construction and demolition debris recycling.

The developer shall provide documentation to
the satisfaction of the City of Milpitas
demonstrating that construction and
demolition debris was recycled.

Submittal of
docu-
mentation
Prior to issuance
of building
permits
City of Milpitas
Planning
Department

PSU-6b: Prior to building permit issuance, the
developer shall show onsite facilities necessary
to collect and store recyclable materials. The
facilities shall include receptacles in public
spaces that are of high-quality design and
identify accepted materials.

Approval of
plans; Site
inspection
Prior to issuance
of building
permits
City of Milpitas
Planning
Department

7. Transportation
TRANS-1a: Prior to the issuance of building
permits, the developer shall provide fair-share
fees to the City of Milpitas for improvements
to the Dixon Landing Road/N. Milpitas
Boulevard intersection and the widening of
Dixon Landing Road in the amount of $31,960
($3,000 for the intersection improvement and
$28,960 for the roadway widening). The fees
will go towards the following intersection
improvements: 1) modifying the signal
operation to include a southbound right-turn
overlap and subsequent signal timing
optimization or 2) adding a northbound left
turn lane, a southbound right-turn lane, and
eastbound left-turn and right-turn lanes. The
widening shall consist of adding an additional
lane in each direction between I-880 and N.

Milpitas Boulevard. Both improvements are
Receipt of fees
Prior to the
issuance of
building permits
City of Milpitas
Planning
Department

Page 284 of 766 ends

TRANS-1b: Prior to the issuance of final
certificate of occupancy, the developer shall
provide the City of Milpitas the full cost of
signal timing modifications at the N. McCarthy
Boulevard/Ranch Drive (south) intersection in
the estimated amount of $2,500 dollars. The
modifications shall consist of re-timing the
signal to increase the current cycle length. This
mitigation measure shall not apply if the signal
timing is modified prior to the developer
seeking the final certificate of occupancy.

Receipt of fees
Prior to the
issuance of final
certificate of
occupancy
City of Milpitas
Planning
Department

TRANS-3: Prior to issuance of building permits,
the developer shall provide a traffic
management fee in the amount of $180,000 to
the City of Milpitas. The fees shall be used for
circulation and traffic operation improvements
within the City of Milpitas, including signal
coordination and intersection improvements.

Specific improvements that shall be fully
funded by funds collected shall include:

Receipt of fees
Prior to issuance
of building
permits
City of Milpitas
Planning
Department

• McCarthy Boulevard/Technology
Drive: The eastbound approach shall
be re-striped to provide two left-turn
lanes and one shared through/right
lane.

• McCarthy Boulevard/SR-237
Westbound Ramps: An additional
westbound right-turn lane shall be
constructed to provide two left-turn
lanes, two through lanes, and two
right-turn lanes for the westbound
approach.

• Ranch Drive: The roadway shall be
restriped to extend the existing two-
way left-turn lane from the northern
driveway of the existing retail
building to the end of the existing
westbound left-turn lane at the
McCarthy Boulevard/Ranch Drive
(North) intersection.

TRANS-5: Prior to issuance of building permits,
the developer shall prepare and submit a site
plan to the City of Milpitas that demonstrates
that off-street parking is provided onsite
complies with the Milpitas Municipal Code
Parking Regulations and Development
Approval of
plan
(Note: Project
plans
submitted
comply with
Prior to issuance
of building
permits
City of Milpitas
Planning
Department

Page 285 of 766 ends

Table B.16.050-A: Milpitas Commercial Specific Plan Environmental Performance Standards Environmental Performance Standards Method of
Verification
Timing of
Verification
Responsible
for Verification
Verification
of
Completion
Date Initial
Standards. The approved site plan shall be
incorporated into the proposed project.
the City's off-
street parking
requirements)
TRANS-8: Prior to building permit issuance, the
developer shall provide details and
specifications for bicycle storage facilities on
the construction drawings and install prior to
occupancy. Bicycle storage facilities shall
consist of at least one rack located in a visible
and convenient location (e.g., near the store
entrance) and that provides storage equivalent
to 2 percent of the proposed project's
minimum parking requirement.

Approval of
plans; Site
inspection
Prior to issuance
of the final
certificate of
occupancy
City of Milpitas
Planning
Department

TRANS-9: Prior to commencement of
construction activities, the developer shall
submit a Construction Traffic Control Plan to
the City of Milpitas for review and approval.

The plan shall identify the timing and routing
of all major construction equipment and
materials deliveries to avoid potential traffic
congestion and delays on the local street
network and the McCarthy Ranch
Marketplace, and to encourage the use of I-
880 and SR-237. If necessary, construction
equipment and materials deliveries shall be
limited to off-peak hours (e.g., mornings or
evenings) to avoid conflicts with local traffic
circulation. The plan shall also identify suitable
locations for construction worker parking.

Approval of
plan
Prior to
commence-ment
of construction
activities
City of Milpitas
Planning
Department

Page 286 of 766 ends

Chapter B.18 Other Zones and Standards
Sections:

B.18.010 Purpose
B.18.020 Other Zones Use Regulations
B.18.030 Other Zones Development Standards
B.18.040 Other Zones Supplemental Standards
B.18.010 Purpose
A. Agricultural (A) Zone. T he Agricultural ( A) Zone is intended to preserve lands best suited for agricultural use from the encroachment of incompatible uses, and to preserve land for eventual development into other uses, pending proper timing for the economical provision of utilities, major streets, and other facilities to allow compact, orderly development.

B. Institutional (I) Zone. The Institutional (I) Zone is intended to encourage the orderly development of public service and educational uses in the community and to ensure their presence as a vital part of the neighborhood balance.

C. Park and Public Open Space (POS) Zone. The Park and Public Open Space (POS) Zone is intended to provide for public open space and recreational uses in order to preserve environmentally sensitive areas and accommodate community service or recreational facilities.

B.18.020 Other Zones Use Regulations
A. Table B.18.020-A (Other Zones Use Regulations ) sets the land use regulations for other zones.

Land uses are defined in Chapter E.4 (Definitions of Uses). In cases where a land use is not listed in the table, the Director shall make a determination regarding similar use consistent with Subsection A.4.020.G (Determination of Similar Use).

B. Land uses not listed in the table and not substantially like the uses below are prohibited unless the Planning Commission approves a Conditional Use Permit consistent with Subsection D.4.030 (Use Permits) and finds that use will not have adverse impacts or be more detrimental to the public welfare than any other use explicitly, with or without a Conditional Use Permit, in the same zone.

C. All uses shall be conducted entirely within enclosed structures , unless specifically noted or otherwise approved by the Director or Review Authority.

Page 287 of 766 ends

Table B.18.020-A: Other Zones Use Regulations
“P” = Permitted Use | “MC” = Minor Conditional Use Permit approved by Zoning Administrator required | “MCS” = Minor Conditional Use Permit approved by Director required | “C” = Conditional Use Permit required |“-“ = Not Allowed Uses A I POS Additional Regulations
Animal Husbandry P - - Section C.10.060 (Animal Husbandry) Commercial Agricultural Processing Plant C - - n/a
Cultivated Agriculture P - - n/a
Guest Ranch P - - n/a
Riding Academy and Public Stables P - - n/a
Commercial Uses
Animal Care and Services
Kennel C - - Milpitas Municipal Code Section V-210-
11 (Permits for Animal Facilities and
Animal Adoption Organizations) Veterinary Hospital or Services - C - Eating and Drinking Establishment
Mobile Food Vending (Individual Vehicle) P P P Section C.10.170 (Mobile Food Vending)
Restaurant, Limited Service - MCS 1 -
Home Occupation P P - Section C.10.130 (Home Occupations) Hospital - C - n/a
Offices
Medical Office/Clinic - C - n/a
Vehicle-Related Uses
Fleet-Based Service - P - n/a
Mobile Fueling P/- P/- - Milpitas Municipal Code Chapter V-300 (Fire Code)
Industrial Uses
Mining and Quarrying C - - n/a
Recycling Facility
Collection Facility - C - n/a
Public, Institutional, and Recreational Uses

Page 288 of 766 ends

Table B.18.020-A: Other Zones Use Regulations
“P” = Permitted Use | “MC” = Minor Conditional Use Permit approved by Zoning Administrator required | “MCS” = Minor Conditional Use Permit approved by Director required | “C” = Conditional Use Permit required |“-“ = Not Allowed Uses A I POS Additional Regulations
Cemetery C C - n/a
Child Care
Child Care Center MC MC MC
Section C.10.140 (Large Family Child
Care and Child Care Centers)
Large Family Child Care Home P - -
Small Family Child Care Home P - - n/a
Civic/Government - P - n/a
Community Assembly
Major - C C n/a
Minor - MCS MCS n/a
Community Garden P P P n/a
Correctional Facility - C - n/a
Educational Institutions
College/University, Private - P - n/a
School, Private - P - n/a
School, Public - P - n/a
Trade and Vocational School - C - n/a
Farmers' Market - MCS MCS Section C.10.120 (Farmers’ Markets) Funeral Parlor and Mortuary - C - n/a
Library/Museum - P - n/a
Park/Playground P P P n/a
Public Safety - P - n/a
Public Utility - C C n/a

Page 289 of 766 ends

Transportation Passenger Terminal/Facility - C - n/a
Wireless Telecommunications Facility See Section C.10.240 (Wireless Telecommunications Facilities).

Residential Uses
Accessory Dwelling Unit and Junior Accessory
Dwelling Unit P - -
Section C.10.030 (Accessory Dwelling
Units and Junior Accessory Dwelling
Units)
Elderly and Long-Term Care - C - n/a
Employee/Farmworker Housing P - - n/a
Group Living Accommodation - MCS - n/a
Residential Care Facility P 2 - - n/a
Single-Family Dwelling P 2 - - Section C.10.210 (Single-Family Dwelling)
Supportive Housing P 2 - - California Government Code § 65582 Transitional Housing P 2 - - California Government Code § 65582 Unclassified Uses
Accessory Use P P P n/a
Parking Lot 3 - MCS - n/a
Parking Structure 3 - MCS - n/a
Temporary Use See Section C.10.230 (Temporary Uses and Structures) Table Notes:
1 Limited to an accessory use that serves the primary use on the same site. 2 When accessory to primary agricultural use.
3 Applies to parking lots or structures that are primary uses, as defined in Part XIII-E (Definitions).

Page 290 of 766 ends

B.18.030 Other Zones Development Standards
Table B.18.030-A (Other Zones Development Standards) establishes the development standards for other zones.

Table B.18.030-A: Other Zones Development Standards
ft = feet | ac = acres | du = dwelling unit | FAR = floor area ratio | n/a = not applicable Standard A I POS
Lot Area, min (ac) 5 n/a n/a
Lot Width, min (ft) 300 n/a n/a
Density (du/gross
acre) 1 0.4 n/a n/a
Setbacks (ft)
Front 50 n/a
The most restrictive setback
required for the abutting zone; in
no case less than 20
Interior side 50 n/a
The most restrictive setback
required for the abutting zone; in
no case less than 10
Street side 50 n/a
The most restrictive setback
required for the abutting zone; in
no case less than 20
Rear 50 n/a
The most restrictive setback
required for the abutting zone; in
no case less than 10
FAR, max. n/a
Primary Building
Height, max. 30 ft; 2.5 stories n/a 30 ft; 2.5 stories
Accessory Building
Height, max. 30 ft; 2.5 stories n/a 30 ft; 2.5 stories
Usable Open Space n/a n/a n/a
Table Notes:
1 When determining the density of non-traditional housing configurations such as group living accommodations and single- room occupancy residences, three bedrooms may be counted as the equivalent of one unit.

B.18.040 Other Zones Supplemental Standards
Reserved.

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Chapter B.20 Overlay Zones and Standards
Sections:

B.20.010 Purpose
B.20.020 Freeway Corridor (FC) Overlay Zone
B.20.030 Site and Architectural (S) Overlay Zone
B.20.010 Purpose
This Chapter establishes additional standards for defined areas (i.e., overlay zones) that are applied in addition to standards provided in the base zones. These standards are intended to ensure that proposed uses and development are compatible with existing and future development on neighboring properties and produce an environment of desirable character consistent with the General Plan. The “H” Hillside Combining District is addressed in Chapter B.22 (“H” Hillside Combining District).

B.20.020 Freeway Corridor (FC) Overlay Zone
A. Purpose. The purpose of the Freeway Corridor (FC) Overlay Zone is to establish a process to consider an increase in the maximum f loor area ratio to accommodate new and infill developments along the freeway corridor.

B. Applicability. The FC Overlay Zone may be combined with any non-residentially zoned property within 300 feet of Interstate 680, Interstate 880, or State Route 237.

C. Development Standards. The development standards for the underlying base zone shall apply, except that an increase of up to 20 percent above the base zone’s maximum floor area ratio may be allowed subject to the Review Authority’s discretion (e.g., if the maximum floor area ratio is

0.50, eligible properties may submit an application requesting an increase in floor area ratio of up to 0.60).

D. Process.

1. An applicant for a proposed development project on a lot located within the FC Overlay Zone may request an increase in the maximum floor area ratio, pursuant to this Section, as part of the overall project entitlements. The Review Authority may approve, approve with conditions, or deny the request.

2. The Review Authority may deny a request for increased floor area ratio on a lot within the FC Overlay Zone if a finding is made that such increase would be detrimental to public health, safety, or welfare; or that such increase would not be consistent with the nature and configuration of streets, infrastructure, and/or existing or anticipated development in the vicinity of the subject property.

E. Limitations. The FC Overlay Zone may not be combined with any other overlay or other process allowing additional floor area ratio.

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B.20.030 Site and Architectural (S) Overlay Zone
The Site and Architectural (S) Overlay Zone applies to areas annexed into Milpitas c ity limits consistent with Section B.2.040 (Zoning of Annexed Areas). Development in the S Overlay Zone shall comply with all applicable standards and procedures in this Title.

Page 293 of 766 ends

Chapter B.22 “H” Hillside Combining District
Sections:

B.22.010 Findings, Purpose and Intent
B.22.020 Establishment and Designation
B.22.030 Maximum Allowable Densities and Minimum Lot Sizes B.22.040 Height Regulations
B.22.050 Yard Requirements
B.22.060 Crestline Zone of Protection
B.22.070 Special Provisions for PUD’s in Hillside
B.22.080 Open Space Easements
B.22.090 Site and Architectural Approval
B.22.100 Slope Planting
B.22.110 Residential Driveways and Parking
B.22.120 Non-Residential Off-Street Parking
B.22.130 Fencing
B.22.140 Recreation Courts
B.22.150 Outdoor Lighting
B.22.160 Underfloor Clearance
B.22.170 Maximum Size of Residence, Accessory Structures, and Impervious Surface Coverage B.22.180 Grading Requirements
B.22.010 Findings, Purpose and Intent
The City Council of the City of Milpitas finds and declares:

A. The hillsides which are a part of the City and within its urban planning area represent a unique scenic asset to the community and a part of the history and tradition of the community.

B. The inventory of open space and natural scenery in the City and County is rapidly diminishing.

C. The congestion of traffic, commerce, development and people may require a counterbalance of pleasant vistas bearing in mind preservation and conservation of the natural landscaping and open space while at the same time permitting orderly and regulated residential development.

D. Pleasant communities attract business, industry and people. They improve public morale and pride and encourage public support for safe, healthful and productive development.

E. Citizens have shown that they wish this community to be attractive as well as clean and safe and that they want to avoid hillside visual pollution. Therefore, it is necessary to create a special zoning

Page 294 of 766 ends

district which insures an orderly and harmonious residential development that will minimize the amount of disturbance to the natural terrain.

F. If Milpitas is to avoid the hillside safety, ecological/environmental, and financial disasters which have occurred elsewhere in California, seismic risk, geologic hazards, fire protection, groundwater protection, flood prevention and erosion control requir e the regulation of hillside development as to density, construction practices, building sites and landscaping.

G. That all environmental concerns be included in hillside development (in order to take into account nationally recognized Pacific Flyway Habitat designations and not to disturb nesting areas or resting areas).

H. The purpose of the "H" Hillside Combining District is to promote and encourage the orderly development of the hillside area of the City by the application of regulations and requirements established to meet the particular problems associated with development of hillside areas, including but not limited to geologic problems, slope, safe access and visibility.

B.22.020 Establishment and Designation
"H" Hillside Combining Districts shall be established only in conjunction with other districts. An "H" designation shall be required in areas designated in the adopted General Plan as "Hillside" and may be combined with "R1" Single-Family Residential District.

The provisions of this section shall apply in the "H" Hillside Combining District, in addition to those conditions specified for the basic zone classification. Where there is a conflict between these regulations and the regulations specified in the basic zone, the provisions in this section shall prevail.

B.22.030 Maximum Allowable Densities and Minimum Lot Sizes The following requirements shall apply in the "H" Hillside Combining District:

A. The average land area per dwelling unit is determined by calculating the average slope of the parcel and then using this figure in the slope density equation to get minimum average land area per dwelling unit.

B. The Slope Density Equati on. If the parcel has an average slope of ten (10) percent or less, the average land area per dwelling unit shall be no less than ten (10) acres. If the parcel has an average slope of fifty (50) percent or more, the minimum average land area per dwelling unit shall be no less than eighty (80) acres. If the parcel has an average slope of ten (10) percent to fifty (50) percent, the average land area per dwelling unit shall be determined by the following equation:
𝑎𝑎 = 1

0.121875 − 0.0021875 𝑆𝑆
Where: a is the average land area per dwelling; and S is the average slope of the lot in percent.

C. Average slope shall be based on existing contours as shown on aerial maps on file in the office of the City Engineer dated April 1964. Where slope cannot be directly determined by observation, the average slope will be determined by the formula:

𝑆𝑆 = 100 𝐼𝐼 𝐿𝐿
𝐴𝐴

Page 295 of 766 ends

Where: I is the contour interval in feet; L is the combined length of the contour lines in scale feet; and A is the net area of the lot in square feet.

Exhibit “B” is an example of the use of this formula.

D. The maximum number of dwelling units permitted in a subdivision shall be determined by dividing the gross land area by the average land area per dwelling unit, computed to the third significant figure, and then rounded to the nearest whole number.

E. Reduction of Density. The City may require a reduction in the number of dwelling units below the maximum otherwise permitted under this Section if the City determines that such reduction is necessary or appropriate by reason of site restrictions or geologic hazards.

F. Further Subdivision Prohibited. Upon recordation of a final subdivision or parcel map covering any site zoned "R1-H," no lots or parcels shown on such map may be thereafter further subdivided so as to increase the total density permitted under this Section for the entire subdivision or parcel depicted on the final map.

G. Exempted Lots. Any lot shown as a unit on a recorded subdivision or land division, or any lot otherwise legally created, is exempt from the density requirements set forth in this Section provided such lot was created prior to the effective date of the ordinance codified in this chapter.

Any lot so exempted will not lose its exempt status if either of the following events takes place subsequent to the effective date of the ordinance codified in this chapter:

1. A portion of the lot is exchanged for a portion of any adjoining lot, the result of which does not decrease the original square footage of the lot; or

2. The lot is enlarged by the addition of land from any adjoining parcel.

Under no circumstances shall the number of dwelling units be greater than the number permitted prior to any modification for lot line adjustment.

H. Density Exception. Notwithstanding the density provisions of the “H” District set forth in Section B.22.030, a commercial development which was approved prior to the October 15, 1992 effective date of the ordinance codified in this section may, upon site and architectural approval, pursuant to Section B.22.030 , be replaced with one less intensive single -family residential dwelling that complies with all other conditions of Chapter B.22 and all other relevant provisions of the Municipal Code.

B.22.040 Height Regulations
A. Under no circumstances shall any main building on the west side of the crestline exceed a height of seventeen (17) feet and one (1) story (excluding basements) from the lowest finished grade to the highest ridgeline of the building.

B. Under no circumstances shall any main building on the east side of the crestline exceed a height of twenty-seven (27) feet and two (2) stories from the lowest finished grade to the highest ridgeline of the building.

C. Accessory structure(s) shall not exceed seventeen (17) feet and one (1) story from the lowest finished grade to the highest ridgeline of the building anywhere in the hillside.

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FIGURE B.22.040 -1: ILLUSTRATIONS FOR SECTION B.22.040

Page 297 of 766 ends

B.22.050 Yard Requirements
For lands in the R1 residential zoning district, the following requirements shall apply:

A. All dwellings shall have a minimum side yard of forty (40) feet.

B. Minimum front yard setbacks shall be twenty -five (25) feet when the average slope of the lot is less than sixteen (16) percent, or when the front yard slope does not exceed sixteen (16) percent; otherwise, the minimum front yard setback shall be forty (40) feet.

C. The minimum rear yard setback for the principal dwelling shall be forty (40) feet.

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B.22.060 Crestline Zone of Protection
A. The purpose of the crestline zone of protection is to preserve the natural quality of the crestline and the slopes immediately below, when viewed from the valley floor.

B. The crestline zone of protection is defined as the area westerly of the perceived crestline and between the perceived crestline and an elevation one hundred (100) feet below. In the area within three hundred (300) feet easterly of the crestline, structure heights shall be restricted so that no structure extends above the crestline site line.

C. The perceived crestline is the crestline identified when viewed from the three (3) closest viewpoints of those nine (9) shown on the zoning map and designated as "VP." D. The land within the crestline zone of protection shall remain in a natural condition and structures, grading and non-native plant materials are prohibited. All fences constructed within the crestline zone of protection shall be subject to review and approval by the Planning Commission.

E. In demonstrating compliance with the crestline zone of protection, an applicant shall submit cross-sections from each of the three (3) closest viewpoints from their site. Each cross -section shall include the viewpoint, any proposed structure(s) on the appl icant's site, the perceived crestline, and the lower edge of the zone of protection. Each cross -section shall be drawn commencing from the closest viewpoint with lines projecting through the highest point of any and all structures. No structure may visually intrude into the "crestline zone of protection" area.

Exception may be granted where development would not be visible from the three (3) closest viewpoints.

B.22.070 Special Provisions for PUD’s in Hillside
A. When land in Hillside is to be subdivided and is also approved as a PUD, the following rules shall apply in addition to those specified elsewhere in this chapter for PUD's.

B. There shall be no minimum lot size requirements for PUD's. Clustering of development for PUD's is encouraged and shall be located on not more than ten (10) percent of the total lot area that exists prior to any subdivision.

C. Land included in a PUD but not included in lots shall be held in common and shall be encumbered with an open space easement in favor of the City unless such common ownership and easement would be inconsistent with approved uses such as public streets or public utilities.

B.22.080 Open Space Easements
A. In any subdivision which is not approved as a PUD, at least fifty (50) percent of the gross area within the subdivision shall be encumbered with an open space easement in favor of the City. Side yard and front yard setback areas will not be allowed to be a part of nor encroach on the open space easement. Said easement shall be identified at the time of submittal of the tentative map.

B. Reconfiguration of the open space easement may be granted, at a public hearing, by the City Council provided that the area (net acreage) is not decreased.

C. No open space easement dedicated to the City within the "H" Hillside Combining District shall be abandoned by resolution of the City Council without a majority of those voting on the matter in a

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City election approving of such abandonment. The election shall be held at one (1) of the regularly scheduled election dates for general law cities.

B.22.090 Site and Architectural Approval
A. Purpose. It is the policy of the City to review the proposed construction or expansion of single- family dwellings and certain accessory structures under circumstances where such structures might constitute an invasion of privacy, unreasonable interference with views, light and air, and create adverse impacts upon the aesthetic character of neighboring residential structures. The purpose of this Section is to establish standards and procedures to be followed with respect to the design review of single-family dwellings and certain accessory structures to ensure that new development occurs in a manner which is consistent with the objectives of this Chapter and the policies of the General Plan.

B. Applicability-Requirement for Site and Architectural Review. In each of the following cases, no building permit shall be issued for the construction or expansion of a single -family structure or accessory structure in any "H" District, until such structure has received a site and architectural review approval by the Planning Commission and City Council pursuant to this Section:

1. Prior to any grading;

2. Prior to construction of any new structure; or

3. Prior to any modification that requires a building permit, any interior alteration, or any alteration or conversion where such alteration or conversion does not result in any exterior modifications to the existing structure beyond the installation of skylights in the roof, installation of new windows or doors, fireplaces or chimneys, or any other minor alteration which in the opinion of the Community Development Manager meets the intent of this Subsection.

C. Application Requirements-Public Hearing. Site plan and building elevations, which portray as accurately as possible the ultimate development of the lot, shall be submitted to the City. The plans shall include all structures, grading, landscaping, colors and materials.

D. The applicant shall in addition propose a "building envelope" within which all development other than specified minor improvements such as fences (permitted by Section B.22.130, Fencing) and driveways shall be located.

E. A public hearing on the site and architectural review application shall be required at the planning commission level only. The review before the city council shall not be a public hearing. Provided, however, that any modifications or addition onto an exist ing structure, on parcels twenty thousand (20,000) square feet or less, shall not require a review by either the Planning Commission or City Council but said modifications or addition must comply with the site and architectural guidelines contained in this Section.

F. Application Materials. Application for site and architectural review ("S" Zone Approval) shall be made, with the Community Development Department, on a form prescribed for this purpose.

1. The application shall include the following exhibits such as, but not limited to:
a. Site plan
b. Building envelope and open space plan

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c. Existing topographic plan
d. Architectural plan(s)
e. Roof plan
f. Floor plan(s)
g. Line of sight-view restriction/obstruction analysis
h. Landscape plan
i. Crestline zone of protection plan, where appropriate j. Grading plan

2. The application shall be accompanied by the payment of a processing fee(s), in such amount(s) as established by the City Council.

G. Site and Architectural Guidelines. The Planning Commission and City Council shall consider the following guidelines in its review process:

1. Avoid Unreasonable Interference with Views and Privacy. The height, elevations and placement on the site of the proposed main or accessory structure, when considered with reference to the nature and location of residential structures on adjacent lots, will avoid unreasonable interference with views and privacy.

2. Preserve Natural Landscape. The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimizing tree and soil removal.

3. Minimize Perception of Excessive Bulk. The design of the proposed main and/or accessory structure(s) in relation to the immediate neighborhood should minimize the perception of excessive bulk.

4. Impairment of Light and Air. The proposed main or accessory structure(s) shall not unreasonably impair the light and air of adjacent properties nor unreasonably impair the ability of adjacent properties to utilize solar energy.

5. Grading. All grading shall be kept to an absolute minimum and shall comply with the grading ordinance criteria.

B.22.100 Slope Planting
The face of all cut -and-fill slopes may be required to be planted and maintained with a ground cover as recommended by the geotechnical report in order to protect the slopes against erosion as soon as practical and prior to the final approval of the grading. This plant material shall be shown on the landscape plan.

B.22.110 Residential Driveways and Parking
A. Privately owned and maintained access from the public road to each single -family dwelling shall be a minimum of fourteen (14) feet in width. Turning radius shall be designed to meet the Fire Department's requirements.

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B. Turnout space shall be provided on driveways over one hundred fifty (150) feet in length with a maximum spacing of one hundred fifty (150) feet if driveway is less than eighteen (18) feet wide.

C. Turnaround. All dwelling units shall provide an on- site area for vehicles to turn around if served by a driveway over one hundred fifty (150) feet in length to meet Fire Department's requirements.

D. Vertical Clearance. All privately owned and maintained roads and drives shall assure a minimum fourteen (14) foot vertical clearance.

E. There shall be provided at the time of erection of any dwelling at least two (2) permanently maintained parking spaces on the same lot with the dwelling, for each dwelling unit. Said parking spaces shall be not less than ten (10) feet wide and twenty (20) feet long with adequate provisions for ingress and egress.

F. Private parking may be required to be located to the rear of the front setback line. Criteria used to determine need for parking to be located behind the front setback line shall be based on providing safe access which is harmonious with adjacent natural land slope, and structures existing and proposed.

G. The design of the driveway and parking areas shall consist of an all- weather surface conforming to Section II-13-18, Paving Standards, and Chapter C.6, Parking and Loading, of this Code.

H. The Planning Commission and City Council may grant exceptions to the above requirements pursuant to the guidelines set forth in Subsection B.22.090 .G, Site and Architectural Guidelines, of this Section.

B.22.120 Non-Residential Off-Street Parking
Off-street parking shall be provided on-site for all nonresidential uses. The number and design of parking spaces shall be in accordance with Chapter C.6, Parking and Loading.

B.22.130 Fencing
Fencing on hillside lots shall be minimized and shall be of an open variety, except fencing around the immediate vicinity of each house. Fencing criteria will be found in Section C.2.040, Fences , Walls, and Hedges.

B.22.140 Recreation Courts
A. Grading for tennis courts and other recreation courts shall not exceed six (6) feet of fill or twelve (12) feet of cut and fill. A site development application for a tennis or other recreation court which proposes grading in excess of the limits of this Chapter may be approved by the City upon finding that the excess cut or fill:

1. Will not result in slopes prone to landslides or soil creep;

2. Can be landscaped and/or contours rounded to render the cut or fill inconspicuous when viewed from off the site; and

3. Can be properly drained according to methods approved by the Building Division.

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B. Screening. Recreation courts shall be landscaped and screened so as to be unobtrusive from off- site. The structure will not be permitted unless this screening can be accomplished without interfering with the function of the structure.

C. Color. All surface and retaining walls shall be colored in natural tones and screened as appropriate so that the court is not conspicuous when viewed from off-site.

B.22.150 Outdoor Lighting
A. Tennis—Recreation Courts. No artificial lighting shall be permitted for tennis and other recreation courts.

B. Swimming Pools and Spas. Artificial lighting of swimming pools and spas shall be permitted only under the following conditions:

1. Light(s) are placed beneath the surface of water in the pool or spa to illuminate the water;

2. Other exterior lights used to illuminate the surrounding area;

3. Light(s) use the minimum wattage which will safely illuminate the area;

4. No direct light is cast beyond the immediate area of the pool or spa; and

5. No light sources are directly visible from off the site.

C. Outdoor Lighting-General. Outdoor lighting should use the minimum wattage lights which will safely illuminate the area. Outdoor light sources shall be shielded so as not to be directly visible from off- site. This section does not pertain to motion -induced/activated or motion -sensor security-type lights.

B.22.160 Underfloor Clearance
All new single-family main structures and accessory buildings, or additions thereto, shall be designed to follow the slope of the site so as to reduce the clearance between ground-floor levels and finish grade to not more than five (5) feet. This underfloor clearance shall not be enclosed. The Planning Commission and City Council may grant exceptions to this requirement pursuant to the guidelines set forth in Subsection B.22.090.G of this Section.

B.22.170 Maximum Size of Residence, Accessory Structures, and Impervious Surface Coverage
A. Purpose and Intent . The purpose and intent of limiting the amount of impervious surface coverage allows for the site and area to remain in its natural setting, as much as possible, without incorporating unnatural man -made features. Impervious surfaces also increase stormwate r runoff, which is to be considered in the design of drainage systems.

B. Definition. "Impervious surfaces" are meant to include surfaces that will not allow or will greatly reduce the penetration of water into the ground. Impervious surfaces include the following:
concrete, asphalt, bricks, paving stones, swimming pools, "turf stones," plastic sheeting,

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compacted gravel and rock areas, and similar surfaces. Impervious surfaces shall also include any and/or accessory structures located on a specific site.

C. On parcels less than three (3) acres, the amount of impervious surface on the site is limited to eight thousand (8,000) square feet or ten (10) percent of the total lot area, whichever is greater (including the building footprint). The maximum size of the main residence shall not exceed six thousand (6,000) square feet.

D. On parcels three (3) acres or greater, the amount of impervious surface on the site is limited to ten (10) percent of the total lot area (including the building footprint). Under no circumstances shall the impervious surface coverage exceed thirty thousand (30,000) square feet. The maximum size of the main residence shall not exceed ten thousand (10,000) square feet.

E. The maximum size of an accessory structure shall not exceed one thousand two hundred (1,200) square feet.

B.22.180 Grading Requirements
A. Purpose and Intent. The intent of this Section is to regulate use, development and alteration of land in hill areas so that essential natural characteristics such as land form, vegetation and wildlife communities, scenic qualities, and open space can substantially be maintained; to preserve unique and significant geologic, biologic and hydrologic features of public value; to encourage alternative approaches to conventional hillside construction practices by achieving land use patterns and intensities that a re consistent with the natural characteristics of hill areas such as slope land form, vegetation and scenic quality. It is further the intent of this Chapter to protect predominant views of and from hill areas in order to maintain the identity, image and environmental quality of the City; and to achieve land use densities that are in keeping with the General Plan.

B. Definition. "Grading" means an excavation or fill, or the stockpiling or any combination thereof, or the conditions resulting from any excavation or fill. All grading quantities shall be measured in their compacted state.

C. Design Standards and Requirements.

1. Grading will "blend" in with the natural land forms and native vegetation to the maximum extent feasible.

2. No grading cut or embankment with a slope greater than three (3) feet horizontal to one (1) foot vertical shall be located adjacent to a publicly maintained right -of-way. The applicant shall provide suitable guarantees, satisfactory to the Planning Commission, for landscaping and perpetual maintenance, at no cost to the City, of all slopes greater than fifteen (15) feet in total elevation.

3. Within six (6) months, or such other period established by the Planning Commission, after the commencement of grading activities, all graded areas not covered by an impervious surface shall be stabilized in such manner as shall be approved by the Community Development Manager.

4. Landscaping coverage and stabilization of graded slopes shall be selected and designed to be compatible with surrounding natural vegetation or to replace removed natural vegetation and should recognize climatic, soil and ecologic characteristics of the reg ion.

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Plant materials that require excessive water after becoming established should be avoided. (Refer to illustrations.)

5. Trees which have a six (6) inch or greater diameter trunk size at a point three (3) feet above grade should not be removed. The location of all such trees shall be shown on all plans submitted for approval. The Planning Commission, upon review of an "S" Zo ne application approval, shall have the power to authorize removal, relocation or replacement if the applicant can show that such requirement is unreasonable as applied to the particular property. If the removal is permitted, the replacement of any trees removed pursuant to this Section shall be at a five to one (5:1) ratio.

6. The overall shape, height, grade or any cut -or-fill slopes shall be developed in concert with existing natural contours and scale of the natural terrain of a particular site. (Refer to illustrations.)

7. Where two cut-or-fill slopes intersect, the intersection shall be horizontally rounded and blended. (Refer to illustrations.)

8. Where any cut -or-fill slopes intersect the natural grade, the intersection of each slope shall be vertically and/or horizontally rounded and blended with the natural contours so as to present a natural slope appearance. (Refer to illustrations.)

9. Provide sites which fit into the terrain and allow for minimal amount of grading. Grading of any area of a site with a natural slope greater than forty (40) percent shall be prohibited.

10. Stepped building foundations shall be required to minimize grading on building pads. (Refer to illustrations.)

11. Streets shall be designed to generally follow the natural contours and land form in order to minimize cut and fill. Exposed walls and fences facing roadways and retaining walls shall be no greater than six (6) feet in height. Crib walls fencing roadways shall be no greater than fifteen (15) feet in height. (Refer to illustrations.)

12. Structures shall be designed to fit with the contours of the hillside and relate to overall form of the terrain. Structures shall be designed to fit into the hillside rather than altering the hillside to fit the structure. (Refer to illustrations.) D. Development Plan Review Procedures. To further the specific purposes of this chapter, the following procedures are established:

1. Development Plan With Grading Under Five Hundred (500) Cubic Yards. Where the aggregate volume of grading on any site or contiguous group of sites is under five hundred (500) cubic yards, the Community Development Manager shall review the proposed Grading Plan. If the plan is found to be in conformance with the provisions of this chapter, the Grading Plan shall be approved. In approving the plan, such conditions as are reasonably necessary to ensure compliance with the objectives of the chapter may be imposed.

2. Development Plan With Grading in Excess of Five Hundred (500) Cubic Yards. Where the aggregate volume of grading exceeds five hundred (500) cubic yards but is under one thousand five hundred (1,500) cubic yards, the Planning Commission shall review the proposed Grading Plan. If the plan is found to be in conformance with the pro visions of the chapter, the Grading Plan shall be approved. In approving the plan, such conditions

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as are reasonably necessary to ensure compliance with the objectives of this chapter may be imposed. On receipt of the recommendations of the Planning staff, the Planning Commission shall approve or deny the application.

3. Development Plan With Grading in Excess of One Thousand Five Hundred (1,500) Cubic Yards. Where the aggregate volume of grading exceeds one thousand five hundred (1,500) cubic yards, the Planning Commission shall review the proposed Grading Plan and recommend approval or denial to the City Council. If approval is recommended, such conditions a s are reasonably necessary to secure substantially the objective of this chapter may be included. On receipt of the recommendations of the Planning Commission, the City Council shall approve or deny the application.

E. Grading Plan Requirements. Wherever proposed grading in the hillsides exceeds five hundred (500) cubic yards, the applicant shall submit grading plans prepared by a licensed Civil Engineer.

Said grading plans shall include, but not be limited to, the following:

1. Property lines and accurate contours of existing and proposed elevations;

2. Cross-sections taken through at least two (2) planes normal to each other. Horizontal and vertical depictions shall be made in the same scale;

3. Quantities of fill and excavating proposed in cubic yards;

4. Location of all existing and proposed structures; and

5. Location of existing trees which have a six (6) inch or greater trunk diameter at a point three (3) feet above grade, and details of the measures proposed to conserve such trees.

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FIGURE B.22.180 -1: ILLUSTRATIONS FOR SECTION B.22.18

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General Development Standards
Sections:

C.2.010 Purpose
C.2.020 Accessory Buildings and Structures
C.2.030 Affordable Housing
C.2.040 Fences, Walls, and Hedges
C.2.050 Height Exceptions
C.2.060 Incentives
C.2.070 Lighting and Illumination
C.2.080 Objective Design Standards
C.2.090 Open Space
C.2.100 Outdoor Display and Sales
C.2.110 Performance Standards
C.2.120 Refuse and Recycling Areas
C.2.130 Setbacks and Encroachment into Required Setbacks C.2.140 Screening Standards
C.2.150 Underground Utilities
C.2.010 Purpose
The purpose of this Chapter is to prescribe development standards that, except where specifically stated, apply to development in all zones. These standards shall be used in conjunction with the standards for each zone as established in Part XIII-B (Zone Regulations).

C.2.020 Accessory Buildings and Structures
A. Purpose. This Section establishes development standards for accessory buildings and structures.

B. Applicability.

1. Detached Structures. The provisions of this Section apply to roofed structures, including but not limited to garages, carports, sheds, workshops, gazebos, greenhouses, pool houses, and covered patios which are detached from and accessory to the main building on the site. These provisions also apply to open, unroofed structures such as play equipment, decks, and trellises, that are over 18 inches in height and are detached from and accessory to the main building on the site.

2. Attached Structures. The provisions of this Section do not apply to accessory buildings or structures attached to the main building, which shall comply with the requirements of this Title applicable to the main building. Structures with a common wall or roof with the main building shall be considered part of the main building. Allowed building projections

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into required setbacks are stated in Section C.2.130.B (Encroachment into Required Setbacks).

3. Accessory Dwelling Units. This Section does not apply to accessory dwelling units, which are regulated by Chapter C.10.030 (Accessory Dwelling Units).

4. Fences and Walls. This Section does not apply to fences and walls, which are regulated by Section C.2.040 (Fences, Walls, and Hedges).

C. Relation to Existing Structures . A detached accessory building or structure may only be constructed on a lot on which there is a constructed main building to which the accessory building or structure is related.

D. Development Standards. Accessory structures shall meet the development standards of the zone in which they are located consistent with Part XIII-B (Zone Regulations) except as follows.

1. Limited Total Coverage in the Rear Setback Area.
a. Maximum coverage. All accessory buildings and structures in the required rear setback area, as well as building additions as described in Subsection C.2.130.A.2.b (Building additions for R1 and R2 zones), are limited cumulatively to a total area not exceeding 30 percent of the area of the required rear setback area.
b. Exemptions. Platforms, landing places, concrete slabs, walkways, paved areas, in- ground pools, in -ground spas, and associated decking not covered by a roof or canopy and up to 18 inches above the ground are not counted toward this maximum coverage limitation.

2. Setbacks.
a. Any detached accessory building shall not be located within:
(i) Three feet of any rear lot line or side lot line of the rear half of an adjacent lot; or
(ii) Seven feet of the side lot line of the front half of any adjacent lot. b. In the case of a corner lot, shall not project beyond the required front setback line or the existing building front setback on the adjacent lot. c. Eaves of accessory buildings and structures shall not project closer than three feet to any side or rear lot line.
d. Allowed projections into required setbacks are stated in Section C.2.130.B (Encroachment into Required Setbacks).

3. Location Limitation for Residential Zones. A detached accessory building in a residential zone shall be located as follows:
a. On the rear half of the lot;
b. At least six feet from any dwelling existing or under construction on the same lot; and
c. In the R1 and R2 zones, a t least 14 feet from a residential structure existing or under construction on any adjacent lot.

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E. Specific Standards.

1. Porte-Cocheres. A porte-cochere may be permitted over a driveway in a required side setback area provided the porte-cochere is no more than 24 feet in length, not closer than three feet from the side lot line, and is entirely open on at least three sides, except for the necessary supporting columns.

2. Patio Covers. Patio covers, including but not limited to gazebos and pergolas, must not exceed 12 feet in height.

3. Built-in Barbeque Pits and Water Features. Built-in barbecue pits and water features (e.g., fountains) must not exceed six feet in height.

4. Location Limitation for Community Emergency Caches. Community emergency caches that do not displace required parking for the site and are located in the rear half of the lot are considered accessory uses.

C.2.030 Affordable Housing
Affordable Housing Ordinance. All applicable projects must comply with the affordable housing requirements in Milpitas Municipal Code Chapter XII-1 (Affordable Housing Ordinance).

Housing Element Sites.

1. Reused Sites. Reused sites are the opportunity and rezone sites listed in the Milpitas 2023-2031 Housing Element, Appendix E, Tables E -13 and E -14 that are identified for lower-income housing capacity and as a 5th Cycle Housing Element site. On these reused sites, owner-occupied and rental multi-family housing uses shall be allowed by right (i.e., without any discretionary review) when at least 20 percent of the units will be affordable to lower income households.

2. Rezone Sites. Rezone sites are those listed in the Milpitas 2023 -2031 Housing Element, Appendix E, Table E14 that are identified for lower- income housing capacity. On these rezone sites, the following shall apply:
a. Owner-occupied and rental multi -family housing uses shall be allowed by right (i.e., without any discretionary review) when at least 20 percent of the units will be affordable to lower income households.
b. 100 percent residential use is allowed.
c. A minimum of 50 percent of the floor area in mixed -use projects must be occupied by residential use.

C.2.040 Fences, Walls, and Hedges
Purpose.

1. This Section establishes standards for fences, walls, dense and continuous hedges, and similar structures to allow for privacy while limiting visual impacts. The purpose of stricter height limits for walls and fences in the front yard is to allow for unobstructed views of traffic to and from driveways; to allow the primary structures on a street to be visible for enhanced safety; and to contribute to the visual character of the neighborhood.

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2. This Section establishes standards for all fences and walls, including those not requiring a Building Permit.

B. Standards for Fences, Walls, and Hedges in All Zones. The following standards apply to all fences, walls, and dense and continuous hedges, including all structural support elements (e.g., pilasters, columns, and posts) unless otherwise provided for in this Title.

1. Measurement of Fence and Wall Height. See Subsection A.6.090 (Measuring Height and Number of Stories) for rules for measuring fence and wall height.

2. Prohibited Fences. The following fences are prohibited:
a. Barbed wire fences within four feet of a public sidewalk; b. Electrically charged or other hazardous fences unless such fencing is required by any City, state, or federal law or regulation or other public agency; c. Chain link fencing unless for recreational sports courts (e.g., tennis courts), or within a commercial or industrial zone where it is an expansion of an existing approved chain link enclosure and it is not visible from the public right-of-way or public property;
d. Fences that encroach into any public utility or other easement without written approval from the Public Works Director and all affected utility companies; and e. Fences that encroach into any public easements without written approval from the Public Works Director and all affected public agencies.

3. Design. Concrete block must be finished with stucco (or decorative split-faced block) and capped with a decorative cap. Plain, concrete block material is not allowed for walls or fencing.

4. Intersection Visibility. On corner lots, f ences within the visibility triangle (see Figure C.2.040-1 (Visibility Triangle)) may not exceed three feet in height unless approved by the Public Works Director.

The visibility triangle is formed by lines extended from the face of the curb to their intersection and a line connecting the face of the curb extensions measured 35 feet from their point of intersection. If no curb exists, the edge of the roadway or vehicular travel area shall be used as the point of measurement.

FIGURE C.2.040 -1: VISIBILITY TRIANGLE

5. Safety. All fences, walls, and hedges must be constructed or installed and maintained so that they do not constitute a hazard to traffic, persons, or property.

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C. Standards for Fences and Walls on the Valley Floor (outside of the “H” Hillside Combining District).

1. Height Limitations. Fences, walls, dense and continuous hedges, and similar structures are limited to maximum heights as follows:
a. Within required front setbacks. 42 inches.
b. Within required street side setbacks.
(i) Within 10 feet of the property line. 42 inches.
(ii) 10 feet or more from the property line. Six feet.
c. Within required interior side and rear setbacks. Six feet.

2. Exceptions.
a. Building Code. Any fences or railings required by the Building Code are allowed to exceed the maximum height established in this Section.
b. Recreational areas. Fences within a rear or side setback area adjacent to recreational areas, athletic fields, or sports courts may be up to 12 feet in height provided that the portion of the fence higher than six feet is at least 50 percent openwork design.
c. All nonresidential zones. In nonresidential zones, fences within the rear and side setback areas may be up to eight feet in height when approved by the Director through a Minor Site Development Permit.
d. Residential zones. In residential zones, fences within the rear and side setback areas may be up to eight feet in height provided written consent of adjoining residential property owners is received. See Milpitas Municipal Code Title II (Building Regulations) for permit requirements.
e. Screening or security. In commercial, mixed use, and industrial zones, fences or walls used for screening or providing security to mechanical equipment , to provide screening between a parking lot and an abutting residential zone or use (see Subsection C.6.080.I (Screening)) , or to provide a buffer between an industrial use and an abutting residential zone or use, may exceed six feet in height to comply with Section C.2.140 (Screening Standards) subject to Review Authority approval.
f. Decorative features. One entry gateway, trellis, or other entry structure is allowed in the required front or street side setback of each lot, provided that the maximum height or width of the structure does not exceed 10 feet. Such decorative feature shall not have any solid obstruction that exceeds two feet in diameter between the height of three and 10 feet.

D. Standards for Fences and Walls within the “H” Hillside Combining District.

1. Development Review. All fences and walls constructed within the crestline zone of protection shall be subject to review and approval by the Planning Commission. Other fences that meet the requirements of this Subsection and do not otherwise require Planning Commission review, may be constructed without further review by the City.

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2. Height Limitations. Fences and walls shall not exceed 54 inches in height. Also see requirements in Subsection B.22.180.C.11.

3. Openwork Design. Fences and walls must be of an openwork design which results in at least 75 percent visual transparency within every square foot area, posts excluded.

4. Materials. All fence post and supporting framework material shall be wood in order to maintain the rural character of the hills. Chain link fences and cyclone type fences are not considered an approved material in the area.

5. Exceptions.
a. The following may be allowed with Planning Commission approval of a Site Development Permit consistent with Chapter B.22 ("H" Hillside Combining District):
(i) Fences within the rear and side setback areas which exceed 54 inches in height.
(ii) Fences other than an openwork design.
(iii) Fences around recreational sports courts (e.g., tennis courts) up to eight feet provided that the portion of the fence higher than six feet is an openwork design approved by the Planning Commission , which may be chain link fencing, and screened from the valley floor consistent with Council Resolution No. 6066 (Hillside Landscaping Water Conservation Policy and Fire Hazard Mitigation Measures) . The Planning Commission may approve fencing taller than eight feet in height with a Site Development Permit.
(iv) Non-wood material for fence posts.
b. Barbed wire fences, using a post material other than wood, may be erected on any parcel two acres or greater without Planning Commission approval.

C.2.050 Height Exceptions
The structures and features listed in Table C.2.050-A (Allowed Projections Above Height Limits) may exceed the maximum permitted building height for the zone in which they are located, subject to the limitations stated and provided that no portion of a structure taller than the building height limit contains habitable areas.

Table C.2.050-A: Allowed Projections Above Height Limits Structures Allowed Above the
Height Limit
Maximum Vertical Projection Above
the Height Limit (ft)
Maximum Coverage and Locational
Limitation
Skylights 1 None
Chimneys and smokestacks 8 None
Decorative features including spires,
cupolas, steeples, bell towers, domes,
obelisks, and monuments
10 Limited to a total of 20% of roof area of
the building or structure
Must be set back from the exterior wall
one foot for every foot of projection
above the height limit

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Table C.2.050-A: Allowed Projections Above Height Limits Structures Allowed Above the
Height Limit
Maximum Vertical Projection Above
the Height Limit (ft)
Maximum Coverage and Locational
Limitation
Rooftop open space features including
sun decks, sunshade and windscreens,
trellises, and landscaping
Elevator and stair towers (for multi-unit
residential and nonresidential buildings
only)
16 Limited to a total of 10% of roof area
Must be set back from the exterior wall
one foot for every foot of projection
above the height limit
Mechanical equipment
5 Must be set back from the exterior wall
one foot for every foot of projection
above the height limit and screened
consistent with Section C.2.140
(Screening Standards)
Mechanical equipment penthouses 10
Limited to 60% of roof area
Must be set back from the exterior wall
one foot for every foot of projection
above the height limit and screened
consistent with Section C.2.140
(Screening Standards)
City utility infrastructure
Consistent with City standard (e.g., light
pole height) or as required by law or for
public safety
None
Fire escapes, catwalks, and open railings
required by law No restriction None
Telecommunications facilities, antennas,
microwave equipment, and radio towers
Subject to the provisions of Section C.10.240 (Wireless Telecommunications Facilities)
C.2.060 Incentives
Larger Affordable Rental Unit Incentives.

1. Purpose. To encourage the construction of larger affordable rental units, incentives shall be offered to eligible projects.

2. Eligibility. To be eligible for the incentives described in this Subsection, a project must comply with all of the following:
a. The project must include rental units with three or more bedrooms that are deed restricted to a low- income rental price. A low -income rental price shall be affordable to households earning no more than 80 percent of area median income as defined by California Health and Safety Code section 50079.5. b. The project must comply with all requirements in Milpitas Municipal Code Chapter XII-1 (Affordable Housing Ordinance) with no exceptions under Milpitas Municipal Code Section XII-1-4 (Exceptions to On-Site Development of 15 Percent Affordable Units).

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3. Incentives. The following incentives shall be granted to eligible projects:
a. Low-income rental units with three or more bedrooms shall count as no more than one dwelling unit for purposes of density calculations. b. The following incentives shall be granted to projects that include at least 40 percent of the total units as low -income rental units with three or more bedrooms:
(i) Reduction in required setbacks for the project, up to a maximum reduction of 30 percent.
(ii) Reduction in common open space requirements for the project, up to a maximum reduction of 30 percent.

4. Agreement. A developer electing incentives under this Section shall execute a legally binding agreement with the City that ensures the affordability of the units qualifying the projects for incentives. The agreement shall be similar to a density bonus agreement described in Section C.12.080 (Density Bonus Agreement).

B. Lot Consolidation Incentives.

1. Purpose. To encourage the assembly of smaller existing lots into larger lots that can be more efficiently developed into higher density housing or mixed-use projects, incentives shall be offered to eligible projects.

2. Eligibility.
a. The lot consolidation incentive request must be proposed and processed concurrently with a multi-family or residential mixed-use project. b. Consolidation of existing smaller lots into a project site of one acre to two acres shall be eligible for one incentive.
c. Consolidation of existing smaller lots into a project site of greater than two acres shall be eligible for two incentives.

3. Incentives. The following incentives shall be granted to eligible lot consolidation projects:
a. Reduction in required setbacks, up to a maximum reduction of 10 percent. b. Reduction in required guest parking, up to a maximum reduction of 20 percent. c. Reduction in common open space requirements, up to a maximum reduction of 10 percent.

C. Sustainability Incentives.

1. Purpose. To encourage energy efficiency and building decarbonization, incentives shall be offered to eligible projects.

2. Eligibility. Projects that exceed required energy efficiency standards , including but not limited to local, regional, and state building codes, shall be eligible for incentives.

3. Incentives. Eligible projects shall receive streamlined review by the Department, as feasible based on Department resources.

D. Affordable Housing Density Bonus Incentives. See Chapter C.12 (Density Bonus for Affordable Housing Developments).

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C.2.070 Lighting and Illumination
Purpose. The purpose of this Section is to provide standards for outdoor lighting in order to maintain adequate visibility and safety, conserve energy, and protect against glare and excessive lighting. This Section is intended to minimize outdoor artificial light that may have a detrimental effect on the environment and enjoyment of the night sky. These provisions are also intended to reduce the unnecessary intrusion of light onto adjacent properties.

B. Applicability.

1. New Projects, Alterations, and Additions. The standards in this Section apply to all new construction and to exterior alterations and additions that involve installation of new exterior light fixtures and/or replacement of existing exterior light fixtures. Any new outdoor lighting installed on a building or parcel must meet the requirements of this Title for shielding and lamp type.

2. Exemptions. The following lighting is exempt from the provisions of this Section. a. Public and private street lighting.
b. Athletic field lights used within a school campus or public or private park. c. Safety and security lighting for public facilities.
d. Lighting of state and federal facilities.
e. Temporary construction and emergency lighting provided the lighting is discontinued immediately upon completion of the construction work or abatement of the emergency.
f. Temporary seasonal lighting related to cultural or religious celebrations using low wattage bulbs (15 lumens or less).
g. Underwater lighting that is used for the illumination of swimming pools and decorative water fountains.
h. Special event lighting approved by the City.

3. Compliance with Applicable Codes. All outdoor lighting fixtures must be installed and maintained in compliance with the provisions of this Section and all applicable Building Codes.

C. General Requirements.

1. Design. Outdoor lighting shall be designed to be an integral part of the built environment, reflecting a balance for the lighting needs with the contextual ambient light level and surrounding nighttime characteristics of the community , while still employing Crime Prevention Through Environmental Design (CPTED) principles.

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

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3. Shielding.
a. General. Exterior lighting shall be shielded or recessed and directed downward and away from adjoining properties and public rights-of-way. b. Partial shielding. Exterior light fixtures that have a maximum output of 1,000 lumens may be partially shielded using a semi-translucent barrier, provided that the lamp is not visible from offsite, no direct glare is produced, and the fixture has an opaque top to keep light from shining directly up. c. Unshielded fixtures. Exterior light fixtures that have a maximum output of 400 lumens, regardless of the number of bulbs, may be left unshielded provided that the fixture has an opaque top to prevent the light from shining directly up. d. Accent lighting. Architectural and landscape features may be illuminated by uplighting, provided that the light is effectively contained by the structure or landscaping, the lamps are low intensity to produce a subtle lighting effect, and no glare or light trespass is pro duced. For national flags, statues, public art, or other objects of interest that cannot be illuminated with down -lighting, upward lighting may only be used in the form of one narrow-cone spotlight that confines the illumination to the object of interest.
e. Any light fixture located within 25 feet of a residential zone or public right-of-way must utilize an internal or external shield, with the light fixture and shield oriented to minimize light trespass onto adjacent property or the right -of-way line. If an external shield is used, its surfac e must be painted black to minimize reflections.

FIGURE C.2.070 -1: SHIELDING CONFIGURATIONS

4. Maximum Height. Pole-mounted lighting shall comply with the following height standards:
a. Within 100 feet of a residential zone. 16 feet.
b. Parking lot illumination. 15 feet.
c. Other locations. 25 feet.

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d. Exceptions. The Review Authority may allow additional height for activities, uses, or development with unique lighting needs , such as accentuating historic architectural features of a building; accentuating signage and/or landscape features; or for security purposes.

5. Light Trespass Standard. All light fixtures must be located, aimed, and shielded to prevent light trespass onto adjacent properties. The light level at the property lines must not exceed 0.3 foot-candles.

6. Time Limits for Outdoor Lighting. All outdoor lighting in nonresidential development shall be on a time clock or photo-sensor system and turned off during daylight hours and during hours when the building or all buildings on the site are not in use and the lighting is not required for security.

7. Lighting that Changes Color. Decorative lighting that changes colors is only permitted to change color every two minutes.

8. Sign Illumination. Standards for external and internal sign illumination are provided in Chapter C.8 (Signs).

D. Supplemental Requirements.

1. Multi-Unit Residential Building Lighting Standards.
a. Lighting in parking, garage, and carport areas shall be maintained with a minimum of one foot -candle of illumination at the ground level during the hours of darkness.
b. Aisles, passageways, and recesses related to and within the building complex shall be illuminated with an intensity of at least 0.25 foot -candles at the ground level during the hours of darkness.

2. Nonresidential Building Lighting Standards. Ground -floor building façades and other areas, including parking lots, driveways, pedestrian and bicycle circulation areas, and recesses, shall be illuminated with lighting fixtures that meet the following minimum standards:
a. All exterior doors: 0.5 foot-candle at ground level. b. Open parking lots: One foot-candle at ground level.
c. Pedestrian paths/bike paths: One foot-candle at ground level. d. Covered parking: Five foot-candles at ground level.

E. Prohibited Outdoor Lighting. The following types of outdoor lighting are prohibited:

1. Outdoor floodlighting;

2. Searchlights, sky beams, strobe lights, laser lights, or similar high intensity light, except as necessary for official emergency services or for meteorological data gathering purposes;

3. Any lighting device located on the exterior of a building or on the inside of a window which is visible beyond the property boundaries of the lot or parcel with intermittent fading, flashing, blinking, rotating, or strobe light illumination;

4. Lighting that results in glare to motor vehicles on public rights-of-way;

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5. Mercury vapor lights; and

6. Aerial lasers.

C.2.080 Objective Design Standards
New residential and mixed-use projects for which state law limits the City’s application of design standards to objective standards must comply with the Milpitas Residential and Mixed -Use Objective Design Standards. Eligible projects that comply with the Objective Design Standards shall qualify for streamlined ministerial review consistent with California Government Code section 65913.4.

B. Where standards of this Title conflict with the Objective Design Standards, the Objective Design Standards control.

C.2.090 Open Space
New residential and mixed -use projects shall comply with the usable open space standards established in the Milpitas Residential and Mixed- Use Objective Design Standards and Part B (Zone Regulations).

B. Where usable open space standards of this Title conflict with the Objective Design Standards, the Objective Design Standards control.

C.2.100 Outdoor Display and Sales
Outdoor display and sales shall be located, developed, and operated in compliance with the following standards.

Temporary Outdoor Display and Sales. The temporary outdoor display and sale of merchandise shall comply with Section D.4.040 (Temporary Use Permits).

B. Produce Displays. The outdoor display of fresh produce associated with an existing food and beverage retail sales establishment on the same site is allowed, subject to the following standards:

1. The display shall not disrupt the normal function of the site or its circulation and shall not encroach upon parking spaces, driveways, pedestrian walkways, or required landscaped areas.

2. All produce shall be removed or enclosed at the close of each business day.

C. Permanent or Ongoing Outdoor Display and Sales. The permanent or ongoing outdoor display of merchandise, except for vehicle sales and leasing, shall comply with the following standards:

1. Relationship to Primary Use. The outdoor display and sales area shall be directly related to a business occupying a principal structure on the same parcel.

2. Allowable Merchandise. Only merchandise sold at the business is allowed to be displayed outdoors.

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3. Location. The displayed merchandise shall occupy a fixed and defined location , shall not disrupt the normal function of the site or its circulation , and shall not encroach upon parking spaces, driveways, pedestrian walkways, or required landscaped areas.

4. Size Limits. Permitted as an accessory use where the outdoor display and sales occupies less than 200 square feet or five percent of the indoor retail space, whichever is less.

Additional area may be allowed with approval of a Minor Conditional Use Permit.

D. Outdoor Vending Machines Prohibited. Outdoor vending machines other than those for the sale of newspapers is prohibited.

C.2.110 Performance Standards
Purpose. The purposes of this Section are to:

1. Ensure that uses and activities are conducted in a manner that protects the public health and safety and do es not produce adverse impacts on surrounding properties or the community at large.

2. Establish permissible limits and permit objective measurement of nuisances, hazards, and objectionable conditions; and

3. Protect industry from arbitrary exclusion from areas of Milpitas.

Applicability. The standards of this Section apply to all uses and properties in all zones, unless otherwise specified. The standards established by this Section are minimum requirements and shall not be construed to prevent the Council, the Planning Commission, or the Director from imposing, as part of a project approval, specific conditions which may be more restrictive, in order to meet the intent of these regulations.

C. Measurement of Impacts. Measurements necessary for determining compliance with the performance standards of this Section shall be taken at the property line of the establishment or use that is the source of a potentially objectionable condition, hazard, or nuisance.

D. Electromagnetic Interference. Uses, activities, and processes shall not cause electromagnetic interference with normal radio and television reception, or with the function of other electronic equipment beyond the lot line of the site in which it is situated. All uses, activities, and processes shall comply with the applicable Federal Communications Commission regulations.

E. Radioactivity. No radiation of any kind shall be emitted that is dangerous to humans.

F. Fire and Explosive Hazards. All activities, processes, or uses involving the storage, use of, transportation, or production of products which, in the raw or finished state, constitute a flammable or explosive material or volatile extraction, shall be subject to approval by the Fire Department. All incineration is prohibited except for those substances including, but not limited to, chemicals, insecticides, hospital materials and waste products required by law to be disposed of by burning, and those instances where the Fire Department deems it a practical necessity.

G. Glare. Uses, activities, buildings, structures, and processes shall not produce glare perceptible beyond the boundaries of the lot where the use is located. Exterior lighting must comply with Section C.2.070 (Lighting and Illumination).

H. Hazardous Materials. The use, handling, storage, and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials

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Regulations, the California Fire and Building Codes, Milpitas Municipal Code Chapter V-300 (Fire Code), as well as the laws and regulations of the California Department of Toxic Substances Control and the County of Santa Clara Environmental Health Department.

I. Heat and Humidity. Uses, activities, and processes shall not produce any emissions of heat or humidity that cause distress, physical discomfort, or injury to a reasonable person, or interfere with the ability to perform work tasks or conduct other customary activities. In no case shall heat emitted by a use cause a temperature increase of more than five degrees Fahrenheit on another property.

J. Noise. Noise standards are established in the Noise Element of the General Plan and Milpitas Municipal Code Chapter V -213 (Noise Abatement). Additionally, the following standards shall apply.

1. Acoustic Study. An acoustic study shall be required for any proposed project which could create or be subject to a noise that exceeds the levels contained in Tables N -1, N-2, and N-3 in the General Plan.

2. Noise Attenuation Measures.
a. Noise attenuation measures identified in an acoustic study shall be incorporated into the project to reduce noise impacts to satisfactory levels as determined by the Director.
b. Emphasis shall be placed upon site planning and project design measures. The use of noise barriers shall be considered and may be required only after all feasible design-related noise measures have been incorporated into the project.

1. Public Areas. Recorded background music may be permitted outdoors on public sidewalks and in other public areas subject to the standards of this Title and Milpitas Municipal Code V-213 (Noise Abatement).

K. Odors.

1. No use, process, or activity shall produce odors that are perceptible without instruments at the lot lines of a site. Odors from temporary construction, demolition, and vehicles that enter and leave the subject lot (e.g., construction equipment, trains, tr ucks, etc.) are exempt from this standard.

2. An odor detected no more than a total of 15 minutes in any one day shall not be deemed to be continuous, frequent, or repetitive.

L. Air Contaminants.

1. Uses, activities, and processes shall not operate in a manner that emits excessive dust, fumes, or particulate matter.

2. Sources of air emissions shall comply with regulations established by the Environmental Protection Agency, the California Air Resources Board, and the Bay Area Air Quality Management Control District (BAAQMD). Operators of activities, processes, or uses th at require “approval to operate” from the BAAQMD, shall file a copy of the permit with the Department within 30 days of permit approval.

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M. Vibration.

1. No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the lot lines of the site.

2. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject lot (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard.

N. Liquid or Solid Wastes. The handling of liquid or solid wastes shall comply with Milpitas Municipal Code Chapter VIII-2 (Milpitas Sanitary Code), Chapter V -3 (Sewage Disposal), and Chapter V- 200 (Solid Waste Management) , and applicable regulations established by the State Water Resources Control Board and any other public agency.

O. Hours of Operation. Hours of operation for all uses, activities, and processes may be regulated as determined by the Director, through the conditions of project approval, in order to mitigate impacts on surrounding uses and ensure compliance with the provisions of this Title.

C.2.120 Refuse and Recycling Areas
Purpose. This Section establishes standards for refuse and recycling areas consistent with California Public Resources Code section 42900 et seq. and section 40050 et seq.

B. Applicability. Areas for collecting and loading refuse and recyclable materials are required for any project for which a Building Permit is required, except as follows:

1. Projects that consist of interior improvements only; or

2. Single-family dwellings and other uses which participate in the City’s curbside trash and recycling program.

C. Size and Number. Refuse and recycling collection areas and bins shall be adequate in capacity, number, and distribution to accommodate all trash, garbage, recyclables, green waste, organic waste, and any other waste until such items are picked up by the City or its contracted collector.

D. Screening. Refuse and recycling areas or bins shall be stored or screened in such a manner that containers are not visible from the right-of-way at the front of the property.

E. Enclosures. Enclosures for dumpsters must comply with the following:

1. When located on the street side of a corner lot, the enclosure must be set back at least as far as the main building.

2. The enclosure must be constructed as a masonry wall using cement block, split-face block, or similar masonry materials. Colors and materials used on the enclosure must complement the colors and materials on the building.

3. Gates shall be solid metal, or other equivalent material approved by the Director, and painted to match the enclosure.

4. The enclosure shall screen the dumpsters, trash compactors, or any other equipment.

5. No net reduction in the number of on-site trees and no loss of protected trees, as defined in Milpitas Municipal Code Section X-2-7.01 (Existing Trees Protected), may be approved to accommodate an enclosure.

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6. Trash enclosures shall be located as far away as possible from residential zones and residential uses.

F. Recycling Areas. The design and construction of recycling areas shall be reviewed and approved in accordance with the City Development Guidelines for Solid Waste Services.

C.2.130 Setbacks and Encroachment into Required Setbacks Setbacks. Projects shall comply with the required setbacks of the zone in which it is located consistent with Part XIII-B (Zone Regulations) except as follows.

1. Front Setbacks.
a. Infill development between projecting buildings. Where a lot is located between two lots, each of which has a main building that is within 25 feet of its side lot lines, which projects beyond the required front setback line and has been so maintained since March 15, 1955, the front setback may be the av erage of the front yards of the two adjacent buildings.
b. Sloping lot. Where the elevation of the ground at a point 50 feet from the front lot line and midway between the side lot lines, differs 10 feet or more from the curb level, or where the slope (measured in the general direction of the side lot lines) is 20 percent or more on at least one- quarter of the depth of the lot, the front yard may be reduced to 50 percent of the required setback.

2. Rear Setbacks.
a. Alleys. The depth of a required rear setback area may include one -half of the width of an abutting alley.
b. Building additions for R1 and R2 zones. Building additions into the required rear setback area shall be allowed for all legal, conforming single -family and two - family dwellings in the Valley Floor (outside of the “H” Hillside Combining District), consistent with the following:
(i) The dwelling has been constructed in accordance with law and a minimum period of one year has elapsed since the final inspection in compliance with Milpitas Municipal Code Title II (Building Regulations). (ii) The rear setback area (measured perpendicular to the rear lot line at any point) must not be less than the exterior height of the rear wall of the building addition. The exterior height of the rear wall at any point shall be measured vertically from the ground to top of the wall. (iii) The building addition must not encroach into a public utility easement and must comply with any other easement requirements.
(iv) The limitation for total coverage in rear setback area is not exceeded consistent with Subsection C.2.020.D.1 (Limited Total Coverage in the Rear Setback).
(v) This Subsection is intended to apply to bona fide building additions not contemplated at the time of original construction, where the owner finds for personal or economic reasons (in a community of growing families

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and under economic conditions where the purchases of larger homes imposes a heavy financial burden) the need to expand the existing dwelling and would not otherwise be allowed to do so within the required setbacks.

3. Semi-Attached and Attached Dwellings. Dwellings with common party walls shall be considered as one building occupying one lot and no interior side setback shall be required between units or lots.

4. Mixed-use Buildings. The front and side setback areas shall be waived for mixed -use buildings that include dwellings or hotels above the ground floor of a building when the ground floor is designed exclusively for commercial purposes. If the setback abuts any easement(s), the building or any other structure must provide the minimum distance, as determined by the Public Works Director or any other City department’s applicable code requirements.

5. Creek/Drainage Channel Setback.
a. A minimum 25 -foot setback must be maintained from the top of a creek or drainage channel bank or from any maintenance road for the creek or drainage channel.
b. The top of bank shall be determined as the point beyond which the slope of the upper elevation of land, which confines the channel waters flowing in a watercourse in their normal course of high seasonal flow, does not exceed 10 percent.
c. No structure, fence, parking access, parking space, paved area, or swimming pool shall be constructed within a creek or drainage channel setback. Public roads, sidewalks, paths, trails, and other public facilities may be constructed within the setback.

B. Encroachments into Required Setbacks. Encroachments into required setback areas are allowed consistent with Table C.2.130 -A (Allowed Encroachments into Required Setbacks), subject to all applicable requirements of the Building and Fire Codes and any easements.

Table C.2.130-A: Allowed Encroachments into Required Setbacks Projection
Front or Street
Side Setback
(max.)
Interior Side
Setback (max.)
Rear Setback
(max.) Limitations
All projections
No projection may extend closer than 3 ft to an interior lot line unless a setback of less than 3 ft is required or into a public utility or other easement. Where any allowance of this Title conflicts with applicable Building or Fire Codes, the more restrictive shall apply
Uncovered stairs, ramps,
stoops, landings, decks,
balconies, porches,
platforms, and walkways
Any railing that is part of one of these projections is allowed provided the railing is an openwork design and does not exceed 3.5 ft in height

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Table C.2.130-A: Allowed Encroachments into Required Setbacks Projection
Front or Street
Side Setback
(max.)
Interior Side
Setback (max.)
Rear Setback
(max.) Limitations
All elements 18
inches or less above
ground elevation
30 in
R4 Zone: 6 ft
Must not be
located closer than
3 ft to an interior
side or rear lot line
unless a setback of
less than 3 ft is
required

Walkways 4 ft in
width or less may
encroach to the
property line
All elements more
than 18 inches
above ground
elevation
30 in
R4 Zone: 6 ft
30 in
R4 Zone: 6 ft
Must not be
located closer than
3 ft to an interior
side lot line unless
a setback of less
than 3 ft is
required
4 ft
Must not be
located closer than
3 ft to a rear lot
line unless a
setback of less
than 3 ft is
required
n/a
In-ground pools/spas
and associated decking
(no more than 18 inches
above ground)
None
Must not be
located closer than
3 ft to an interior
side or rear lot line
unless a setback of
less than 3 ft is
required.
n/a
Covered patios, trellises,
gazebos, and porches
None

Must not be
located closer than
3 ft to an interior
side or rear lot line
unless a setback of
less than 3 ft is
required

Must be
unenclosed on 3
sides except for
required vertical
supports, insect
screening, and
kickboards not
exceeding 1 ft in
height measured
from ground level
Cornices, eaves,
canopies, awnings,
chimneys,
foundationless bay
windows, and similar
architectural features
30 in 30 in
R4 Zone: 6 ft

30 in
Must not be
located closer than
3 ft to any side lot
line unless a
setback of less
than 3 ft is
required

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Table C.2.130-A: Allowed Encroachments into Required Setbacks Projection
Front or Street
Side Setback
(max.)
Interior Side
Setback (max.)
Rear Setback
(max.) Limitations
Utility or mechanical
equipment structures None
Must not be
located closer than
3 ft to an interior
side or rear lot line
unless a setback of
less than 3 ft is
required.

Ramps and similar
structures that provide
access for persons with
disabilities
Must not be located closer than 3 ft to any lot line unless a setback of less than 3 ft is required
Any railing that is part of one of these projections is allowed provided the railing is an openwork design and does not exceed 3.5 ft in height Reasonable accommodation will be made consistent with Subsection D.2.050.K (Reasonable Accommodation) for additional encroachments Fire escapes required by
law or public agency
regulation
4 ft 4 ft 4 ft n/a

C.2.140 Screening Standards
Purpose. This Section establishes standards for the screening and separation of abutting residential and nonresidential uses, outdoor storage areas, and equipment to minimize visual and other potential impacts on adjacent lots and surrounding areas.

B. Screening and Buffer Abutting Residential Zones and Uses.

1. Industrial Uses.
a. Industrial activities must maintain a minimum 15 -foot separation from any abutting residential zone or residential use unless a larger setback is required by Part B (Zone Regulations). For additional industrial separation requirements, see Section B.10.040 (Industrial Zones Supplemental Standards). b. A minimum six-foot masonry or solid fence and/or screening landscaping must be provided and maintained on the interior lot lines of any lot that contains an industrial use and abuts a residential zone or residential use.

2. Commercial Uses. Commercial structures and activities must maintain a minimum 10-foot separation from any abutting residential zone or residential use unless a larger setback is required by Part B (Zone Regulations).T he 10-foot buffer area must be landscaped consistent with Chapter C.4 (Landscaping).

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C. Outdoor Storage. Outdoor storage areas shall be screened from view from any adjacent public street or freeway, existing or planned residential area, or publicly accessible open space area with a solid wall or tight board fence that is:

1. Tall enough to sufficiently screen stored material; and

2. Consistent with this Title; however, the fence or wall may exceed the maximum allowable height consistent with Chapter D.2 (Procedures).

3. Exceptions.
a. Temporary storage of materials reasonably required for construction work on the premises in compliance with a valid Grading Permit or Building Permit. b. Outdoor sales or uses that by their nature provide outdoor storage, such as auto, trailer, and boat dealers, and equipment rental specified as an allowed land use in the applicable zone.

D. Equipment Screening.

1. Ground-Mounted Equipment. Ground-mounted equipment including, but not limited to, air conditioning units, landscape irrigation controls, transformers, communication equipment, gas meters, water meters, standpipes, fire sprinkler connectors, tanks and other exterior equipment shall comply with the following standards:
a. Location. Ground-mounted equipment must be located outside the front setback and, when no front setback is required, ground -mounted equipment must be outside the area between the street and the building closest to the street. Where it is infeasible to locate ground -mounted equipment outside the front setback, ground-mounted equipment located in the front yard must be screened from public view as provided for in Subsection C.2.140.D.1.b (Screening) below. b. Screening. Equipment shall be completely screened from view from all public and private streets by dense shrubbery, masonry wall such as split face block or masonry finished to match the building, or other solid screening material utilizing colors and materials which complement the building. Wall and fences must comply with Section C.2.040 (Fences, Walls, and Hedges). c. No net reduction in the number of on -site trees, and no loss of protected trees, as defined in Milpitas Municipal Code Section X-2-7.01 (Existing Trees Protected), are allowed for the placement of any ground-mounted equipment. d. Height of ground-mounted equipment.
(i) In commercial and industrial zones, the installed height of the transformer, tank, or equipment shall not exceed the height of the building. Equipment exceeding building height may be approved by the Director if it is proposed at the rear of the building, and the applicant can demonstrate that the equipment will not be seen from the public right - of-way.
(ii) If adjacent to a residential zone, mixed use zone, or a residential use, the maximum installed height shall not exceed six feet.
e. Generators are not allowed adjacent to residential zones or residential use.

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2. Rooftop Equipment. All rooftop equipment including, but not limited to, air conditioning units, and mechanical equipment shall be shielded and architecturally screened from view from on -site parking areas, adjacent public streets, and adjacent residential zones as follows:
a. All rooftop equipment shall be placed so that it is screened by a screening wall, parapet wall, equipment well, or other device approved by the Review Authority and not visible from public rights -of-way. Exceptions may be granted by the Review Authority where screening is infeasible due to health and safety, structural limitations, or utility requirements.
b. Rooftop equipment screening shall match or be complementary in material and color to the exterior building and may include metal panels, parapet walls, or screens constructed of exterior grade plywood or other durable materials.

C.2.150 Underground Utilities
Residential Zones.

1. Where the allowable dwelling units exceed six for a single parcel or the total area to be subdivided exceeds three acres, all on-site utilities must be placed underground.

2. Television antennas must be centralized for structures of four or more units.

B. Mixed Use, Commercial, and Industrial Zones. All electrical, telephone, cable television, and similar distribution lines providing direct service to new development shall be installed underground within the site.

C. Waiver. Undergrounding requirements may be waived by the Review Authority upon determining that underground installation is unreasonable or impractical consistent with Milpitas Municipal Code Subsection XI-1.02 (Utilities).

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Landscaping Standards
Sections:

C.4.010 Purpose
C.4.020 Applicability
C.4.030 Landscape Plan
C.4.040 Areas to be Landscaped
C.4.050 General Landscaping Standards
C.4.060 Tree Preservation and Maintenance
C.4.010 Purpose
A. The purpose of this Chapter is to:

1. Improve the appearance of the community by requiring permanently maintained landscaping;

2. Aid in energy conservation by providing shade from the sun and shelter from the wind;

3. Promote conservation and efficient use of water;

4. Improve the appearance of parking lots and other development through landscaping;

5. Minimize or eliminate conflicts between potentially incompatible but otherwise allowed land uses on adjoining lots through landscaping;

6. Provide opportunities for carbon sequestration;

7. Improve environmental quality by recognizing the many beneficial effects of landscaping, including:
a. Improving air and water quality through natural processes such as photosynthesis and mineral uptake;
b. Maintaining permeable land areas essential to surface water management and aquifer recharge;
c. Reducing and reversing air, noise, heat, and chemical pollution through the biological filtering capabilities of trees and other vegetation; and

8. Preserve existing established tree canopy.

C.4.020 Applicability
General Applicability. This Chapter applies to all new development and improvement of existing uses in Milpitas, including any construction, expansion, or improvement on private property, which requires the issuance of a Building Permit or other approval by the City unless exce pted under Subsection C.4.020.B (Exceptions).

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B. Exceptions. This Chapter shall not apply to the following:

1. An addition or alteration to an existing single-family dwelling;

2. Construction of accessory dwelling units (see Section C.10.030 (Accessory Dwelling Units and Junior Accessory Dwelling Units));

3. Construction of accessory structures;

4. New project landscape areas of less than 500 square feet;

5. Rehabilitated landscape areas of less than 2,500 square feet;

6. Registered local, state, or federal historic sites; and

7. Ecological restoration projects.

C. “H” Hillside Combining District. Landscaping in the “H” Hillside Combining District must comply with City Council Resolution No. 6066.

D. Water Efficient Landscapes. All landscaping and irrigation shall comply with Chapter VIII-5 (Water Efficient Landscapes).

E. Nonconforming Landscaping. Landscaping that is not consistent with this Chapter shall comply with Section C.18.060.B (Nonconforming Landscaping).

F. Multi-Family and Mixed-Use Projects. Landscaping for multi-family and mixed-use projects shall comply with the Milpitas Residential and Mixed-Use Objective Design Standards.

G. Stormwater Management and Landscape Areas. Landscaped areas may be used for stormwater management practices consistent with Milpitas Municipal Code Chapter XI- 16 (Stormwater and Urban Runoff Pollution Control) provided the requirements of this Chapter are met.

C.4.030 Landscape Plan
Application Requirements.

1. Filing and Review. A conceptual landscape plan demonstrating compliance with the standards of this Chapter shall be prepared, filed, and processed concurrently with any required planning permit or approval in compliance with Chapter D.2 (Procedures) and this Section. If no planning permit or approval is required, a landscape plan shall be submitted as part of a Building Permit, Grading Permit, or other similar application. If applicable, the landscape plan may be combined with the Landscape Documentation Package required by Milpitas Municipal Code Chapter VIII-5 (Water Efficient Landscapes).

2. Preparation by Landscape Professional. All landscape plans for commercial, industrial, institutional, and residential projects consisting of two or more , shall be prepared by a California registered landscape architect or licensed landscape contractor. A written statement from the landscape professional must be included on the landscape plan indicating compliance with this Chapter.

B. Alternative Landscape Plan Requirements.

1. Purpose. An applicant may demonstrate that the intent of the landscape requirements of this Chapter can be achieved through an alternative landscape plan.

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2. Filing and Review. An alternative landscape plan shall be filed and processed in the same manner as a conceptual landscape plan consistent with Subsection C.4.030.A (Application Requirements); however, an alternative landscape plan must clearly detail the modifications being requested from the standards of this Chapter.

3. Criteria for Approval. The Review Authority may approve a landscape plan, with or without conditions of approval, only after finding that the landscape plan meets one or more of the following criteria:
a. Innovative use of plant materials and design techniques in response to unique characteristics of the site or the proposed use;
b. Preservation or incorporation of existing native vegetation and documentation and proposed removal of existing invasive species;
c. Integration of landscaping and pedestrian facilities in a manner that improves access or incorporates pedestrian -friendly design; this may include reduced ground-level planting along the street or within the front setback area if canopy shade trees along sidewalks are provided; and/or
d. Use of additional shade trees to create a greater canopy effect.

C.4.040 Areas to be Landscaped
Front and Street-Side Setbacks.

1. All required front and street -side setback areas, except for areas used for vehicles (i.e., parking and driveways), must be landscaped.

2. A landscaped area must be installed between a wall or fence that fronts a street and the property line unless the wall or fence is at the property line.

3. The portions of a nonresidential building that are greater than two feet from the property line and that front a public street must have one or more landscape planters installed along a minimum of 20 percent of the building face. The minimum width of the p lanter must be three feet or the entire distance between the building and the property line.

FIGURE C.4.040 -1: NONRESIDENTIAL BUILDING PERIMETER LANDSCAPING

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4. Where buildings are located at the back of the sidewalk on the property line or within two feet of a property line, no landscaped areas are required; however, the sidewalk must be extended to the front of the building and constructed with materials that ma tch the surface of the existing sidewalk.

B. Interior Side and Rear Setbacks.

1. General. All required interior side and rear setback areas must be landscaped.

2. Abutting Residential Zones or Uses. Wherever a nonresidential use is located adjacent to a residential zone or use, a landscape buffer shall be provided along interior property lines.
a. Buffer yard landscaping. At least one tree of at least 15 -gallon size shall be planted per 20 lineal feet to create a tree canopy over the buffer yard. At least 10 percent of the required trees shall be 24-inch box size, or a minimum of one tree when five to 10 trees are required . In addition, at least three shrubs shall be planted per 20 lineal feet.
b. Buffer yard width. The buffer yard between a nonresidential use and a residential zone or use must comply with the following widths:
(i) Industrial use. Ten foot wide landscaped buffer yard. (ii) Other nonresidential uses. Six foot wide landscaped buffer yard.

C. Common Open Space Areas. All common open space areas in residential and nonresidential projects must be landscaped.

D. Unused Areas. All areas of a project site not intended for a specific use, including areas planned for future phases of a phased development, must be landscaped or left in a natural state. The Director may waive this requirement for areas planned for near-term future development.

E. Parking Areas. The following standards apply to parking areas for multi- family projects with five or more units and nonresidential parking area with 10 or more spaces.

1. Minimum Landscaped Area in Parking Areas. A minimum of 15 percent of the total off- street open parking area shall be landscaped with a mixture of trees, shrubs, ground cover, and other plant material, except that only 10 percent is required in the BPRD Zone.

2. Parking Area Landscaping Along the Public Right-of-Way. Along the public right-of-way adjacent to any street front parking there must be a minimum landscape planting area 10 feet wide; however, portions of the right-of-way landscape strip may be reduced to five feet when in the opinion of the Director the following conditions are met:
a. The total amount of required landscaping, as calculated by applying the 10-foot width requirement, is met along the same street frontage, or the size, configuration, topography, or other condition on the site would make the 10-foot requirement impractical.
b. The reduction does not preclude the requirement for adequate shading or screening of the parking area; and
c. The reduction in required width does not impede compliance with any other landscape requirement.

3. Tree Planters Within Parking Areas.

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a. Tree well dimension. Tree wells shall have a minimum five -foot dimension between parking spaces.
b. Residential parking. Contiguous parking spaces shall not exceed six spaces without a tree well.
c. Nonresidential parking. Contiguous parking spaces shall not exceed eight spaces without a tree well.

4. Landscaping Adjacent to Paved Areas.
a. All landscaped areas located adjacent to driveways, loading areas, parking lots and sidewalks must be protected along the parking lot side with curbs or wheel stops, or alternative treatments subject to Review Authority approval. b. A six-inch high curb must be constructed around planter islands. c. Shade requirements for surface parking areas. Shade trees must be installed to provide shade over 50 percent of a vehicle parking area within 15 years. Areas within the parking area that are excluded from the total vehicle parking area shade requirement include:
(i) The surface parking area covered by solar photovoltaic shade structures, or shade structures;
(ii) Truck loading in front of overhead doors;
(iii) Truck maneuvering and main access roads and driveways not used as back-up areas; and
(iv) Surfaced areas for automobile dealerships and areas used for display, service, and vehicle storage.

C.4.050 General Landscaping Standards
General.

1. Landscape Components.
a. Required landscaped areas must be planted with a combination of ground covers, shrubs, vines, and trees.
b. Landscaped areas may also include incidental features including stepping stones, benches, fountains, sculptures, decorative stones, or other ornamental features, placed within a landscaped setting.
c. Garden areas and other areas dedicated to edible plants are considered landscaped areas and count toward required landscaping.

2. Mulch. Landscaped areas shall be top -dressed with a bark chip mulch or an approved alternative, such as those described in Subsection C.4.050.D (Ground Cover Materials), to avoid exposed bare soil.

3. Soil Depth. Planting in above grade courtyards shall have a minimum soil depth of 12 inches for ground cover, 20 inches for shrubs, and 36 inches for trees.

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4. Water Features. Recirculating water must be used for all decorative water features.

Where available, water features must use recycled water.

B. Drought-Tolerant Species. A minimum of 75 percent of non -turf landscaped areas shall be planted with native or drought-tolerant planting (as identified in the Bay Friendly Landscape Plant Lists or East Bay Municipal Utility District Plants and Landscapes for Summer- Dry Climates guidebook).

C. Invasive Plants Prohibited. Plant species that are listed by the California Invasive Plan Council (Cal-IPC) as invasive are prohibited. Existing invasive plants and noxious weeds must be removed prior to issuance of a Certificate of Occupancy for a new project.

D. Ground Cover Materials.

1. Crushed rock, mulch, pebbles, stones, and similar non-plant materials, including paved or gravel surfaces, may comprise up to 50 percent of the total required landscaped area.

2. Paved or graveled surfaces may not exceed 10 percent of the total required landscaped area.

E. Turf Allowance.

1. Natural Turf. Natural turf areas must be limited to activity or recreation areas.

2. Synthetic Turf. Synthetic turf may be used as a substitute for natural turf for the purposes of water conservation or in high activity or foot-traffic areas (e.g., sports fields, etc.). The following standards apply to synthetic turf.
a. Synthetic turf must consist of lifelike individual blades of grass that emulate real grass in look and color and have a minimum pile height of one and one -half inches, unless a lower pile height is required for turf functionality (e.g., athletic field, putting green, etc.).
b. A permeable base and drainage system approved by the City Engineer must be installed underneath the synthetic turf.
c. Synthetic turf must be installed in combination with natural plant materials (e.g., trees, shrubs, and groundcover) to enhance the overall landscaping design.

3. Turf Location. Turf must be located a minimum of six feet from any tree and may not be installed on slopes greater than 25 percent.

F. Size and Spacing . To achieve an immediate effect of a landscape installation and to allow sustained growth of planting materials, minimum plant material sizes, plant spacing, and minimum planter widths (inside measurements) are as follows:

1. Ground Covers. Ground cover plants other than grass must have a minimum container size of four inches. Areas planted in ground cover plants other than grass seed or sod must be planted at a rate of one ground cover plant per 12 inches on center or less, except this may be increased to 24 inches on center in the BPRD Zone.

2. Shrubs.
a. All proposed shrubs except accent, color, or ground cover planting shall be a minimum five gallons in size, except this may be decreased to a one -gallon minimum size in the BPRD Zone. However, a 15 -gallon minimum size shall be required for screening purposes.

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b. The minimum planter width for shrubs is three feet.

G. Trees and Shade.

1. Street Trees.
a. A minimum of one street tree per frontage must be provided, at a minimum average of one tree per 35 linear feet of sidewalk length or street frontage (i.e., 35 feet apart on center). If these are not provided in a landscaped parkway strip between the sidewalk and curb, they must be provided on private property along the street. Corner lots must provide a minimum of two trees (i.e., a minimum of one tree on each frontage).
b. Trees must be planted and spaced to achieve a 50 percent canopy cover after 15 years. Trees must be drawn to scale representing the canopy size at 15 years of growth on the landscape plan.
c. Street trees must comply with Milpitas Municipal Code Chapter X -2 (Tree Maintenance and Protection).

2. Shade Requirements.
a. Shaded landscape areas. Shade trees must be planted to provide shade that covers 30 percent of the landscape areas within 15 years. b. Shaded hardscape areas . Shade trees must be planted to provide shade that covers 50 percent of hardscape areas, not including parking areas (see Subsection C.6.080.J (Landscaping)), within 15 years.
c. Metro Specific Plan zones. Shade trees within Metro Specific Plan zones shall be provided as follows:
(i) One tree per 5,000 square feet of residential building footprint; and (ii) One tree per 10,000 square feet of developed lot area for nonresidential or mixed-use development.

3. R1 Zone. Projects in the R1 Zone must comply with the standard of this Chapter, and in no case shall fewer than two trees be required on any developed lot in the R1 Zone.

4. Tree Size and Spacing.
a. The minimum planting size for trees shall be 15 -gallon with a one-inch diameter at breast height (DBH), and with 25 percent of all trees on a project site planted at a minimum 24-inch box size, except this may be decreased to a 15 percent in the BPRD Zone.
b. Any tree that cannot be planted in the ground shall be planted in a planter box at least twice the width and depth of the root ball plus one additional foot in container diameter for every four feet of mature tree height. The m inimum planter area for trees shall be five feet by five feet. c. Any tree planted along a lot line or adjacent to a structure must be no closer to the lot line or structure than one -half the diameter of the species’ drip line at maturity, measured from the center of the tree.

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5. Cumulative Requirement. Other trees required by this Title apply in addition to the requirements of this Subsection. When it is determined that it is not possible to place all required trees on the site, an applicant may request the Review Authority to allow planting in a nearby public facility or payment of an in-lieu fee to replace a portion of the total number of required trees.

6. Tree Staking. Newly planted trees must be staked with supporting metal, wood, or equivalent stakes as approved by the Director, firmly anchored into the ground, and set 12 inches away from the tree trunk on the prevailing wind side. Alternatively, newly planted trees may be supported with double stakes or guy wires and tree guards in accordance w ith International Society for Arboriculture (ISA) and American National Standards Institute (ANSI) standards. Nursery stakes must be removed when setting the support stakes. Stakes must be removed once trees can stand by themselves.

H. Installation and Completion.

1. Consistency with Approved Plans. All landscaping must be installed consistent with approved plans and specifications in a manner designed to encourage and maintain healthy plant growth.

2. Timing of Installation. Required landscaping must be installed prior to the issuance of a Certificate of Occupancy for the associated project. However, the Director may allow the required landscaping to be installed within 120 days after the issuance of a Certificate of Occupancy in special circumstances related to weather conditions or the availability of plants and other landscape materials. A surety in the amount equal to 150 percent of the estimated cost of landscaping, including materials and labor, as well as an agreement that the required landscaping will be installed within 120 days, shall be filed with the City to assure completion of landscaping installation within such time. The surety may take the form of cash deposit, irrevocable letter of credit, or bond; and together with the agreement, would provide for payment to the City of any costs incurred in contracting for completion of the required landscaping.

3. Certification of Completion. Upon completion of the installation of the landscaping and irrigation system, a field observation shall be completed by the licensed project contractor and a Certificate of Completion shall be submitted to the City by the licensed project contractor. The Certificate must specifically indicate that the plants were installed as specified and that the irrigation system was installed as designed, along with a list of any deficiencies.

I. Maintenance.

1. All required landscaping and structural landscape features such as water features, must be maintained in a healthy condition consistent with the approved landscape plans and to not create a nuisance consistent with Milpitas Municipal Code Chapter V -500 (Neighborhood Beautification). Maintenance includes watering, fertilizing, weeding, cleaning, pruning, trimming, spraying, and cultivating.

2. All landscape materials must be maintained free from physical damage or injury arising from lack of water, chemical damage, accidents, vandalism, insects, and diseases. Dying, decayed, untrimmed, or plant materials showing such damage must be remedied, or replaced in kind consistent with an approved landscape plan.

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3. At minimum, trees must be maintained in compliance with Section C.4.060 (Tree Preservation and Maintenance).

4. Prior to the re-occupancy of a building with existing landscaping, all portions of damaged or defective irrigation systems and dead, dying, or damaged ground cover, shrubs, and trees must be replaced.

5. All landscaped areas in a public street, sidewalk, or right-of-way that is abutting a property must be maintained by the adjoining property owner, unless it is maintained through another mechanism such as a homeowner’s association or business improvement district.

6. Landscaping must not obstruct a public street, intersection, sidewalk, or right- or-way either physically or visually as determined by the Public Works Director.

C.4.060 Tree Preservation and Maintenance
Purpose. This Section is intended to support the preservation and maintenance of trees to promote public health, safety, and general welfare.

B. Tree Maintenance and Protection. Trees shall be maintained and protected consistent with Milpitas Municipal Code Chapter X-2 (Tree Maintenance and Protection).

C. Tree Removal Permit. Prior to the removal of any protected tree, as defined in Milpitas Municipal Code Section X-2-7.01 (Existing Trees Protected), associated with a development project, a Tree Removal Permit shall be approved by the Public Works Department consistent with Milpitas Municipal Code Section X-2-4.02 (Permit Required for Removal).

D. Tree Protection During Construction. Trees on a construction site must be protected from encroachment, damage, and destruction by construction activities.

1. Tree Removal and Protection Plan. A tree removal and protection plan shall be required prior to construction on any property or site containing one or more trees. The tree removal and protection plan must clearly depict all trees and include tree protection measures that comply with this Section.

2. Tree Protection Measures. Except as otherwise allowed by the Director, all required tree protection measures must be instituted prior to any construction site activities, including clearing, grading, excavation, or demolition work, and shall be removed only after completion of all construction activity, including landscaping and irrigation installation. a. Temporary fencing must be installed along the outer edge of the tree drip lines in compliance with the following:
(i) Fencing shall be flush with the initial (undisturbed) grade; (ii) Temporary fencing must be polyethylene laminar safety fences or a similar material a minimum of four feet in height and supported on stakes that are securely embedded into the ground;
(iii) Temporary fencing must not be attached to trees;
(iv) No construction activity may occur within the temporary fencing area, and these areas must be kept free of construction materials, vehicles, equipment, and debris; and

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(v) Temporary fencing must be installed prior and maintained throughout all land disturbance activities and must not be removed until landscaping is installed or a financial assurance is posted for the required landscaping. b. When proposed buildings or improvements encroach into the drip line of any tree, special construction practices are required as determined by the Director and based upon recommendations of a certified arborist’s or landscape professional’s report.
c. The existing ground surface within four feet (measured horizontally) of the base of any tree must not be cut, filled, or compacted. Tree wells may be used where advised and excavation adjacent to any tree shall not be permitted where damage to the root sys tem will result, as determined by a certified arborist or landscape architect.
d. No oil, gas, chemicals, heavy construction machinery or other construction materials must be stored within 10 feet of any tree trunk. e. No wires, unless those needed for the support of any tree, or signs other than small tree identification signs, must be attached to any tree. f. The Director shall be notified by any contractor, developer, or owner of any damage that occurs to a tree during construction so that the contractor may administer proper treatment.

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Parking and Loading
Sections:

C.6.010 Purpose
C.6.020 Applicability
C.6.030 General Requirements
C.6.040 Types of Vehicle Parking Allowed
C.6.050 Number of Parking Spaces Required
C.6.060 Parking Reductions
C.6.070 Transportation Demand Management
C.6.080 Parking Area Development and Design Standards
C.6.090 Electric Vehicle Charging Spaces
C.6.100 Bicycle Parking
C.6.110 Off-Street Loading Requirements
C.6.010 Purpose
The specific purposes of the parking and loading requirements are to:

Require parking spaces and loading spaces for all land uses that are sufficient in number, size, and arrangement;
B. Minimize the negative environmental and urban design impacts of parking lots, driveways, and drive aisles within parking lots;
C. Ensure the provision of adequate off-street bicycle parking; D. Establish standards and regulations for safe and well-designed parking, unloading and vehicle circulation areas;
E. Offer flexible means of minimizing the amount of area devoted to parking by allowing reductions in the number of required spaces in transit -served locations, shared parking facilities, and other situations expected to have lower vehicle parking demand; F. Encourage modal shift; and
G. Reduce urban run-off and heat island effect.

C.6.020 Applicability
Off-street parking spaces shall be provided and improved consistent with this Chapter as follows:

Whenever a building is constructed;
B. Whenever a new use is established; or

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C. Whenever an existing building or use is altered, resulting in an increase in the number of required parking or loading facilities ; however, Subsection C.18.060.A (Nonconforming Parking) may reduce the amount of additional parking required.

C.6.030 General Requirements
When Constructed. Parking and loading facilities required by this Chapter shall be constructed or installed prior to final inspection or the issuance of a Certificate of Occupancy for the use that they serve.

B. Existing Parking and Loading to be Maintained. No existing parking and loading area serving any use may be reduced in amount or changed in design or location below the requirements for such use, unless equivalent substitute facilities are provided.

C. Accessibility. Parking and loading areas shall be accessible for their intended purpose during all hours of operation.

D. Vehicle Storage and Repairs Prohibited. No required parking or loading facilities shall be used for the storage of inoperable vehicles for any period of time. Repair work and servicing of vehicles is prohibited within required parking or loading facilities.

C.6.040 Types of Vehicle Parking Allowed
General. Parking spaces shall be designed consistent with Subsection C.6.080 (Parking Area Development and Design Standards) unless otherwise allowed by this Chapter.

B. Disabled Accessible Parking.

1. Parking for disabled persons shall be provided in compliance with the Building Code and the Americans with Disabilities Act (ADA).

2. Parking spaces for disabled persons shall count toward the number of parking spaces required by this Chapter.

3. A site shall not be considered to have nonconforming parking if the number of off-street spaces provided is reduced to less than required by this Chapter solely because the lot is restriped to comply with handicapped parking requirements.

C. Compact Parking Spaces. For parking areas and garages containing 10 or more stalls serving nonresidential, mixed use, and multi-family uses, up to 40 percent of the total (i.e., required and non-required) stalls may be compact parking spaces.

D. Tandem Parking. Tandem parking is allowed for residential uses when the tandem spaces are assigned to the same dwelling unit and where the tandem parking is a maximum of two cars in depth. Tandem parking may also be approved for nonresidential uses when the tandem spaces are assigned to employees of the same nonresidential establishment or if the applicant demonstrates that tandem parking will not interfere with orderly parking and movement of vehicles consistent with Subsection C.6.040.E (Stacked Parking).

E. Stacked Parking. Stacked or valet parking is allowed if an attendant is present, or an automated system is in place to move vehicles. If stacked parking managed by an attendant is used for required parking spaces, an acceptable form of guarantee must be filed with the Director ensuring that an attendant will be present while the parking lot is in operation.

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F. Unbundled Parking from Residential Uses. Unbundled parking is allowed with any dwelling unit other than a detached single -family dwelling and is required for attached single unit and multi- unit projects of 16 units or more:

1. All off-street spaces shall be leased or sold separately from the rental or purchase fees for dwelling units for the life of the dwelling units, such that potential renters or buyers have the option of renting or buying a residential unit at a price lower than would be the case if there were a single price for both the residential unit and the parking space.

2. In cases where there are fewer parking spaces than dwelling units, the parking spaces shall be offered first to the potential owners or renters of three-bedroom or more units, second to owners or renters of two -bedroom units, and then to owners and renters of other units. Spaces shall be offered to tenants first. Non -tenants may lease with a provision for 30 days to terminate the lease.

3. Renters or buyers of on -site affordable units shall have an equal opportunity to rent or buy a parking space on the same terms and conditions as offered to renters or buyers of other dwelling units. Parking rates shall be established based on the prevailing market rate and shall not be subsidized by property owners or employers; however, rates for affordable units shall be prorated in proportion to their rent discounts. For condominiums with non-deeded spaces, the homeowners’ association (HOA) shall collect parking fees separate from the standard HOA fee.

G. Commercial Vehicles and Trailers.

1. Commercial Vehicles. Commercial vehicles, including any self- propelled vehicle over 8,500 pounds gross vehicle rating and/or having more than two axles and possessing a commercial license plate, shall not be parked or stored in any residential zone or any street adjoining a residential zone, except that commercial vehicles may be parked or stored in a residential zone if kept fully within a garage or other enclosed structure.

2. Commercial Trailers. Trailers or equipment used for commercial purposes shall be stored within an enclosed building.

C.6.050 Number of Parking Spaces Required
Number of Spaces Required.

1. Each land use is subject to the required number of parking spaces as listed in Table C.6.050-A (Required Number of Vehicle Parking Spaces) unless excepted under Subsection C.6.050.C (Exceptions) or otherwise provided in this Title.

2. The parking requirement for any use not listed in Table C.6.050-A (Required Number of Vehicle Parking Spaces) shall be determined by the Director based upon the requirements for the most similar comparable use, the characteristics of the proposed use, and any other relevant data regarding parking demand.

Table C.6.050-A: Required Number of Vehicle Parking Spaces Land Use Classification 1 Minimum # of Spaces 2
Commercial Uses
All Commercial Uses 1 per 400 sf of floor area, except as specified below

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Table C.6.050-A: Required Number of Vehicle Parking Spaces Land Use Classification 1 Minimum # of Spaces 2
Animal Care and Services
Kennel 1 per employee plus 2 spaces
Commissary or Catering 1 per 300 sf
Eating and Drinking Establishments
Bars/Nightclubs; Microbreweries 1 per 200 sf of floor area Mobile Food Park 1 per 2.5 seats plus 1 per 60 sf of lot area dedicated to mobile food vending
Mobile Food Vending (Individual
Vehicle) None
Restaurant, Full Service
For all NCMU and TC Zones: 1 per 300 sf of floor area
For all other zones: 1 per 200 sf of floor area; no parking is required for outdoor seating when seats provided equal 20% or less of total indoor seating
Restaurant, Limited Service For all NCMU and TC Zones: 1 per 300 sf of floor area For all other zones: 1 per 250 sf of floor area
Entertainment and Recreation,
Commercial Determined by the Director
Financial Institution 1 per 300 sf
Home Occupation None
Hospital 1 per every 3 beds
Lodging
Bed and Breakfast 1 per guest room in addition to required spaces for non- transient residential use
Hotel 0.5 per guest room
Motel 0.7 per guest room
Short-Term Rental See Section C.10.200 (Short-Term Rentals) Maintenance and Repair Services 1 per 500 sf
Offices 1 per 300 sf
Retail Stores, General Merchandise For all NCMU and TC Zones (ground floor retail): 1 per 300 sf For all other zones: 1 per 400 sf
Services
Business Support Services 1 per 350 sf of floor area
Massage Establishment See Section C.10.150 (Massage Establishments) Personal Services 1 per 300 sf
Repair and Cleaning, Small Items 1 per 300 sf
Industrial and Research & Development Uses

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Table C.6.050-A: Required Number of Vehicle Parking Spaces Land Use Classification 1 Minimum # of Spaces 2
All Industrial and Research &
Development Uses
1 per 2,000 sf of floor area plus 1 per 300 sf of office area, except as specified below
Advanced Manufacturing 1 per 500 sf
Custom and Artisan Manufacturing 1 per 500 sf
Data Center 1 per 1,500 sf
Mini-storage or Self-storage 1 per 5,000 sf of storage unit area plus 2 employee parking spaces
Parcel Hub 1 per 2,000 sf plus 1 truck parking space for each delivery vehicle on-site during peak time 3
Research and Development 1 per 500 sf
Public, Institutional, and Recreational Uses
All Public, Institutional, and
Recreational Uses 1 per 400 sf of floor area, except as specified below Child Care
Child Care Centers 1 per employee plus 1 per every 15 children Large Family Child Care Home Same as required for underlying residential use Small Family Child Care Home Same as required for underlying residential use Community Assembly 1 space per 5 permanent seats and/or 1 space per 100 sf of assembly seating area
Community Garden Determined by the Director
Correctional Facility Determined by the Director
Educational Institutions
College/University, Private 2 per classroom plus 1 space per 300 sf of assembly area School, Private and Public 1 per classroom plus 1 per 240 sf of office Trade/Vocational School 1 per 300 sf
Park/Playground 4 per acre of park space unless reduced or waived by the Director based on use, facilities, and/or location
Hospital
1 per 1.5 beds, plus 1 per 300 sf of area used for office, clinics, testing, research, administration, and similar activities associated with the principal use
Instruction Service
Group 1 per 200 sf
Private 1 per instructional area or classroom, whichever is greater; no fewer than 3 spaces
Public Utility 1 for each employee plus 1 for each agency vehicle used in connection with the use
Residential Uses

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Table C.6.050-A: Required Number of Vehicle Parking Spaces Land Use Classification 1 Minimum # of Spaces 2
Accessory Dwelling Unit and Junior
Accessory Dwelling Unit
See Subsection C.10.030 (Accessory Dwelling Units and Junior Accessory Dwelling Units)
Boarding House
Group Living Accommodation 0.5 per each room rented
Caretaker’s Residence 1 per residence
Elderly and Long-term Care; Residential
Care Facility 1 per every 3 beds
Emergency Shelter; Low Barrier
Navigation Center
1 space per employee or agency vehicle used in connection with the use
Live-work Unit
Single-family and two-family dwelling parking requirements for residential component plus 1.5 spaces for the commercial component
Mobile Home Park 1 per unit
Multi-Family Dwellings
Studio and 1-bedroom (up to 1,100
sf) 1 per unit At least one covered space per unit
A driveway space measuring a
minimum of 8’ x 18’ shall count as
an off-street parking space
Additional guest parking (may be
uncovered):
- For all NCMU and TC Zones: 10%
of total required spaces
- For all other zones: 15% of the
total required spaces
2-bedroom (up to 1,100 sf) 1.5 per unit
3 or more bedrooms and/or 1,101 sf
or larger 2 per unit
Senior Housing (deed restricted)
For all NCMU and TC Zones: 0.5 per unit plus 2 per manager’s unit
For all other zones: N/A (same parking requirement as for multi- family dwellings generally)
Single-family Dwelling 4 ; Two-family Dwelling (Detached or Attached) Less than 900 sf and 2 bedrooms or
fewer 1 per unit At least one covered space per unit
when at least two spaces are
required
A driveway space measuring a
minimum of 8’ x 18’ shall count as
an off-street parking space
Less than 2,500 sf and 4 or fewer
bedrooms 2 per unit
2,500 sf or more or 5 or more
bedrooms 3 per unit
Single-room Occupancy Residences For all NCMU and TC Zones: None required For all other zones: 0.5 per unit
Vehicle-Related Uses
Auto Broker 1 per 400 sf
Commercial Fueling Facility 1 per employee on the largest shift

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Table C.6.050-A: Required Number of Vehicle Parking Spaces Land Use Classification 1 Minimum # of Spaces 2
Fleet-based Service 1 per 400 sf plus 1 per company vehicle used in connection with the use
Mobile Fueling None (n/a)
Parking Lots; Parking Structures None (n/a)
Service Station 1.5 per bay if service bays are included on site; 1 per 250 sq ft of any retail and/or office on site
Vehicle Sales, Limited 1 per 400 sf
Vehicle Sales and Leasing 1 per 1,000 sf of showroom plus 1 per 400 sf of retail or office Vehicle Rental 1 per 400 sf plus 1 per rental/company vehicle used in connection with the use
Vehicle Repair and Maintenance; Vehicle
Washing 3 per service bay plus 1 per 400 sf of retail or office Vehicle Storage None (n/a)
Table Notes:
1 See specific land uses within each land use classification in Part XIII-B (Zone Regulations). 2 See exceptions in Subsection C.6.050.C (Exceptions).
3 The requirement for delivery truck parking is not intended to accommodate semi-trucks delivering products to the site.
4 Parking shall not be required for single-family dwelling additional consistent with California Government Code § 65863.3.

B. Calculation of Required Spaces.

1. Parking Ratios. The number of required parking spaces shall be calculated according to the following rules:
a. Floor area. Where a parking requirement is stated as a ratio of parking spaces to floor area, the floor area is assumed to be gross floor area, unless otherwise stated. Any portion of floor area that is used for automobile parking shall not be counted in calculating the floor area for required parking. b. Employees. Where a parking requirement is stated as a ratio of parking spaces to employees, the number of employees shall be based on the maximum number of employees that occurs in a typical week.
c. Bedrooms. Where a parking requirement is stated as a ratio of parking spaces to bedrooms, any rooms having the potential of being a bedroom and meeting the standards of the California Building Code as a sleeping room shall be counted as a bedroom.
d. Students, children, or clients. Where a parking requirement is stated as a ratio of parking spaces to students, children, or clients, the number is assumed to be the number of students , children, or clients at the state- certified capacity or at Building Code Occupancy where no state certification is required.

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e. Seats. Where a parking requirement is stated as a ratio of parking spaces to seats, each 24 inches of bench-type seating at maximum seating capacity is counted as one seat. For places of meeting or assembly that do not include fixed seating, seven square feet shall equal one seat.

2. Sites with Multiple Uses. If more than one use is located on a site, the number of required parking and loading spaces shall be equal to the sum of the requirements calculated separately for each use, unless a lower amount of parking is required or allowed consistent with Section C.6.060.A (Shared Parking), this Chapter, or this Title.

3. Parking Requirements for Ancillary Uses . For accessory or ancillary uses, no additional parking may be required as determined by the Director. Examples of this case include a coffee or snack shop within an office or hotel development or a copy/package store within a business park.

4. New Building Without Tenants. If the type of tenant that will occupy a nonresidential building, or the nonresidential portion of a mixed -use building, is not known at the time the new building is being proposed, the number of parking spaces required for the nonresidential use shall be the parking generally required for the use classification (e.g., commercial uses) as identified in Table C.6.050 -A (Required Number of Vehicle Parking Spaces) unless otherwise determined by the Review Authority.

5. Queuing Area. The number of parking spaces required by Table C.6.050-A (Required Number of Vehicle Parking Spaces) does not include queuing space that may be required for vehicles and customers waiting in vehicles for service, pump stations, auto service bays, or similar uses.

C. Exceptions.

1. Major Transit Stop Proximity. Parking requirements for all uses within a one-half mile of a major transit stop are listed in Table C.6.050-B (Vehicle Parking Requirements Near a Major Transit Stop).

Table C.6.050-B: Vehicle Parking Requirements Near a Major Transit Stop 1 Use Minimum Parking Spaces
Required
Maximum Parking Spaces
Required 3
Residential and lodging uses
None 2

1.5 spaces per dwelling unit
Industrial uses 2 spaces per 1,000 sf
All other nonresidential uses 1 space per 1,000 sf
Table Notes:
1 Within ½ mile of a major transit stop as defined in California Public Resources Code § 21155. 2 Minimum automobile parking requirement is prohibited by California Government Code § 65863.2 unless specific findings are made or the project is exempt.
3 Valet, tandem spaces, and mechanical lift stalls are counted as individual spaces.

2. Metro Specific Plan Area Parking Requirements. Parking requirements for all uses in the Metro Specific Plan area are listed in Table C.6.050-C (Vehicle Parking Requirements in the Metro Specific Plan Area).

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Table C.6.050-C: Vehicle Parking Requirements in the Metro Specific Plan Area Use Minimum Parking Spaces
Required
Maximum Parking Spaces
Required 1
Residential and lodging uses
None

1.5 spaces per dwelling unit
Industrial uses 2 spaces per 1,000 sf
All other nonresidential uses 1 space per 1,000 sf
Table Notes:
1 Valet, tandem spaces, and mechanical lift stalls are counted as individual spaces.

C.6.060 Parking Reductions
Shared Parking.

1. Purpose. Buildings or sites with multiple uses shall have reduced parking requirements reflecting different peak parking demands and/or the capture of trips within the building or site due to the mix of on-site uses.

2. Parking Reductions For Sites With Two Uses. The amount of the parking reduction is calculated by taking the sum of the minimum parking requirements for the two uses with the highest parking requirement based on Table C.6.050-A (Required Number of Vehicle Parking Spaces) and multiplying that sum by the percentage in Table C.6.060-A (Parking Reductions for Sites with Two Uses) for that combination of uses. The Review Authority may approve further reductions consistent with C.6.060.G (Other Parking Reductions).

Table C.6.060-A: Parking Reductions for Sites with Two Uses First Use
Second Use
Multi-Family
Public,
Institutional,
or Civic
Food, Beverage,
Lodging,
Recreation, or
Entertainment
Retail Office Other
Commercial
Multi-Family N/A
Public, Institutional,
or Civic
10% N/A
Food, Beverage,
Lodging, Recreation,
or Entertainment
10% 20% N/A
Retail 15% 25% 25% N/A
Office 30% 25% 30% 20% N/A
Other Commercial 20% 25% 25% 20% 20% N/A

3. Parking Use Analysis for Other Sites with Multiple Uses. When three or more uses share parking or a use is not listed in Table C.6.060 -A (Parking Reductions for Sites with Two Uses), the amount of required parking may be reduced if a parking use analysis is provided that demonstrates that the amount of proposed parking is adequate. The Review

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Authority shall only allow the parking reduction consistent with C.6.060.G (Other Parking Reductions).

B. Off-Site Parking. The required number of on -site parking spaces may be reduced through the provision of off-site parking in compliance with the following:

1. Location. Required parking must be located within one-half mile of the project site.

2. Access. Access between the on-site use(s) or the subject site and the off-site parking area must be provided through pedestrian, bicycle, and/or transit facility connections (e.g., sidewalks, multi- use paths, bicycle lanes, transit stops). Adequate signage must be installed to direct users to off-site parking areas as determined necessary by the Director.

Off-site parking may also be shared parking.

3. Agreement. A parking agreement shall be provided in a form acceptable to the City Attorney which identifies the location of the off -site parking spaces, guarantees the continued availability of the off- site parking spaces, and sets forth the ongoing responsibilities of the parties involved. The parties to the agreement shall include the owners and lessees of the off -site parking spaces and the owners and lessees of the subject site, and a copy of any such agreement shall be provided to the City. The City shall not be required to be a party to any such agreement, but each agreement shall grant the City the right (but not the obligation) to enforce the agreement's terms and shall include a provision requiring that the City be notified immediately of any termin ation or default of the agreement. Any termination or default of the agreement between parties shall result in revocation of the on -site parking reduction approval by the City unless a new alternative parking arrangement is approved by the City within a re asonable timeframe, as determined by the Director.

C. Designated Car-Sharing Parking. Required parking spaces may be substituted with designated car-share vehicle parking spaces, and the required number of parking spaces may be reduced, consistent with the following.

1. Car-Share Parking Designation. A maximum of 20 percent of the required parking spaces may be designated as car-share vehicle parking spaces.

2. Reduction Allowed.
a. Parking areas with 50 or fewer parking spaces. A five percent reduction in the required parking shall be allowed where five percent of the required spaces are designated as car-share vehicle parking spaces.
b. Parking areas with 51 or more parking spaces. A 10 percent reduction in the required parking shall be allowed where 10 percent of the required spaces are designated as car-share vehicle parking spaces.

D. Electric Vehicle (EV) Charging Parking Spaces. Each electric Vehicle (EV) charging parking space exceeding the minimum requirement in Section C.6.090 (Electric Vehicle Charging Spaces) shall count as two required parking spaces, for up to a maximum of five additional EV parking spaces corresponding to a parking requirement reduction of 10 spaces.

E. Bicycle Parking. Bicycle parking exceeding the minimum requirements in this Chapter may reduce the number of required vehicle parking spaces by up to five percent, provided the bicycle parking complies with the following:

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1. Three bicycle spaces may substitute for one vehicle space; and

2. Bicycle spaces must comply with the standards in Section C.6.100 (Bicycle Parking).

F. Motorcycle Parking. Motorcycle parking may substitute for up to five percent of the required number of vehicle parking spaces. Each motorcycle space must be at least four feet wide and seven feet deep and be able to accommodate two -wheeled motorized vehicles, including scooters, mopeds, and similar vehicles.

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G. Other Parking Reductions. Required parking for any use or site may be reduced at the discretion of the Review Authority, if any of the following findings are met:

1. The site is developed, and it would be infeasible or impractical to provide additional parking;

2. Special conditions including, but not limited to the nature of the proposed operation; proximity to transit service; transportation characteristics of the persons residing, working, or visiting the site; or other circumstances will reduce parking demand at the site;

3. The use will be adequately served by proposed on-site parking or other approved off-site parking;

4. A parking use analysis is provided to support the proposed parking arrangement; or

5. Parking demand generated by the project will not exceed the capacity of the supply of on-street parking.

C.6.070 Transportation Demand Management
Applicability. New construction of the following types of projects shall be subject to this Section:

1. Residential. Single-family and multi-family projects with 20 or more units (excluding elderly and long-term care, emergency shelters, residential care facilities and similar uses, and affordable housing projects with greater than 50 percent of units below market rate).

2. Lodging. Hotels and motels with 40 or more rooms.

3. Commercial. Commercial uses of more than 5,000 square feet.

4. Office and Employment-Generating Industrial Uses. Office and employment-generating industrial uses (e.g., research and development uses) of more than 10,000 square feet.

5. Other. Any other land use found to have a significant impact to vehicle miles traveled during environmental review.

B. TDM Plan Requirements. The project applicant shall submit a Transportation Demand Management (TDM) Plan for review and approval by the Review Authority. The TDM Plan shall document and demonstrate consistency with the requirements in this Section. The TDM Plan shall include, but is not limited to, the following:

1. Identification of the applicable trip reduction measures to be implemented based on the size of the project and estimated number of trips generated.

2. Implementation plan for each trip reduction measure, including timelines, responsibilities, and budget allocations.

3. Monitoring and evaluation plan, submitted annually to the Department, to track the effectiveness of the trip reduction measures and adjust them as needed. a. This shall be required for at least the first five years after building occupancy. b. At their discretion, the Director may require modifications if anticipated results are not achieved.

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C. Trip Reduction Measures.

1. Required Trip Reduction Measures. The following trip reduction measures must be incorporated into all TDM Plans.
a. Provide the following information to employees and/or residents on an annual basis:
(i) Carpooling/vanpooling information;
(ii) Transit schedules and route information;
(iii) Information on air pollution and alternatives to single-occupancy vehicle trips;
(iv) Bicycle route and facility information, including local bicycle maps, locations of nearest outdoor bicycle parking or enclosed bicycle storage, and bicycle safety information; and
(v) Information on walking and biking to work, pedestrian and bicycling safety, and all-weather walking shoes.
b. Identify a TDM coordinator or contact person to provide oversight and management of the TDM Plan’s implementation. The individual must either be an employee, homeowners association representative, or contracted through a third-party provider. In addition, for sites leasing space to multiple employers or businesses, the TDM coordinator designated by the property owner shall be responsible for providing lists of mandatory and optional measures to all individual businesses. Commercial tenants should be obligat ed (via lease language) to provide a main point of contact for the designated TDM coordinator. c. At least one measure from Subsection C.6.070.C.2 (Supplemental Trip Reduction Measures).

2. Supplemental Trip Reduction Measures.
a. All projects. The following measures may be included in a TDM Plan for any project.
(i) Bicycle repair station(s). An o n-site bicycle repair station above that required by Section C.6.100 (Bicycle Parking).
(ii) Active transportation gap closure. Constructing improvements that close gaps in the local active transportation system network (e.g., constructing segments of pedestrian paths or bicycle lanes to connect the project site to existing or planned pedestrian or bicycle infrastructure network). (iii) Funding for trip reduction projects. Funding toward local transit, pedestrian, or bicycle facilities or infrastructure above that required through impact fees or mitigation requirements.
b. Residential projects. The following measures may be included in a TDM Plan for any residential project.
(i) Transit pass subsidies. Transit pass subsidies for residents.

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(ii) On-site car share. An on -site car- share program with at least one dedicated car-share vehicle.
(iii) Bicycle share or micromobility program. An o n-site bicycle share or micromobility (e.g., bicycle, scooter, or other lightweight small/personal vehicle) program for use by residents.
c. Nonresidential projects. The following measures may be included in a TDM Plan for any nonresidential project.
(i) Transit pass subsidies for employees. Subsidies shall be administered through a pre -tax transit benefit program allowing employees to fully fund their transit use with pre-tax dollars if they opt into the program. (ii) Carpooling and/or vanpooling to facilitate shared work trips. Carpool and vanpool programs shall include subsidies or other monetary incentives from employers (e.g., gas card after carpooling for a given amount of time, or parking subsidies for carpools), as well as ride-matching services to help facilitate these shared trips.
(iii) Cash reward incentives. Offer a “cash -out” program to employees who do not drive to work. If the employer leases parking, the cash-out amount shall be equivalent to the cost per space for the employer to lease parking for employees. If the employer owns and manages its own parkin g facilities, the cash -out value shall be determined based on market -rate parking at nearby locations.
(iv) Showers. Showers, changing rooms, and lockers to accommodate employees arriving by bicycle or other active form of transportation. (v) Telecommuting and flexible work sche dules. Offer and encourage employees to work remotely at least one day per week to reduce overall vehicle trips. When employees commute to work, encourage flexible work schedules that encourage travel outside of peak hours. (vi) Enhanced shuttle commitment. Providing a project -specific shuttle (e.g., a hotel funding or providing a free supplemental shuttle service to the airport, etc.).
(vii) On-site amenities. Providing on -site amenities to reduce employee vehicle trips (e.g., child care, cafeteria, etc.).
(viii) On-site employee housing. Providing on-site employee housing.

D. TDM Plan Submittal and Review.

1. Submittal. The applicant shall submit a TDM Plan for review and approval by the Review Authority. The TDM Plan shall document and demonstrate consistency with the requirements in this Section.

2. Final TDM Plan. The applicant shall submit the Final TDM Plan including any requirements imposed by the City as part of the Building Permit or B usiness License processes for compliance with this Section . The Department shall review and approve the Final TDM Plan to ensure all City requirements have been addressed.

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3. TDM Plan Agreement. A TDM Plan agreement shall be provided in a form acceptable to the City Attorney and shall include the Final TDM Plan prior to Certification of Occupancy.

The parties to the agreement shall include the owners and lessees of the project site. A copy of the agreement shall be provided to the City. The City shall not be required to be a party to any such agreement, but each agreement shall grant the City the right (but not the obligation) to enforce the agreement’s terms and shall include a provision requiring that the City be notified immediately of any termination or default of the agreement. Any termination or default of the agreement between parties shall result in enforcement action by the City unless a new TDM Plan is approved by the C ity within a reasonable timeframe, as determined by the Director.

4. Tenant Concurrence Letter. Prior to approval of a permit for tenant improvements or a Business License, tenants shall submit a letter demonstrating concurrence with the Final TDM Plan. The letter shall acknowledge how applicable TDM requirements are identified in their lease and summarize how the tenant is implementing applicable trip reduction measures. The City shall receive and review this letter to confirm the implementation of the Final TDM Plan.

5. Modifications. The Department may approve modifications to the final TDM Plan that are consistent with the project overall and would result in achieving the performance targets.

6. Changed Plans. A change in an approved project that would add at least 100 daily trips shall be treated as a new application.

E. Monitoring and Enforcement.

1. Initial Compliance Form. When applying for a Certificate of Occupancy, all projects must submit an initial compliance form to the Department documenting that the Final TDM Plan will be implemented before the site reaches 50 percent occupancy.

2. Annual Compliance Form. All projects must submit an annual compliance form to the Department documenting the continued implementation of the Final TDM Plan for the time period established in this Section or in the Final TDM Plan, whichever is longer.

3. Penalty for Noncompliance. If the required performance targets are not being achieved, or if the participant fails to submit required monitoring documentation, the following penalties shall apply:
a. First violation. The City will direct the participant to modify its Final TDM Plan to achieve compliance. Modifications are likely to include adding or modifying trip reduction measures to increase mode shift.
b. Second violation. The City will direct the participant to retain an independent consultant to identify additional program modifications to achieve compliance.

Modifications are likely to include adding or modifying trip reduction measures to increase mode shift.
c. Third violation. The City may assess a penalty per the approved fee schedule.

Penalties shall be assessed for each additional violation in subsequent years. The Council shall, in a resolution adopted after a duly noticed public hearing, set forth the amount of the fine, de scribe the need for the fine, describe the reasonable relationship between the fine and the effect of noncompliance, and set forth time for calculation and payment of the fine.

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4. Appeal of Penalty. The participant may appeal the decision to assess a penalty consistent with Chapter I-21 (Administrative Citations). In determining whether a financial penalty is appropriate, the City may consider whether the participant has made a good faith effort to implement the Final TDM Plan and achieve trip reduction.

5. Program Costs. Participants shall be required to reimburse the City for costs incurred in maintaining and enforcing the trip reduction program for the approved project.

C.6.080 Parking Area Development and Design Standards
Location of Parking. Except as otherwise provided in this Chapter, all required parking spaces shall be located on the same site as the use they serve.

1. Residential Parking. Vehicles on private property used for residential purposes shall be parked only in paved parking spaces or in driveways that comply with the following:
a. The driveway must provide access to required parking spaces; and b. The required spaces must not block access to parking for other residential units.

2. Driveways on Residential Lots with One or Two Dwelling Units. Only one driveway and one curb cut is allowed per residential lot with one or two dwelling units, except that a corner lot may have a second driveway and curb cut, not to exceed 12 feet in width, providing vehicular access to the side or rear yard area, subject to approval by the Director and the City Engineer.

3. MXD3 Zone. No parking spaces area allowed within the front or street side setback areas, except for schools.

B. Limitations on Reversing. Each automobile parking stall shall be so located that no automobile is required to back onto any public street or sidewalk to leave the parking stall, parking bay, or driveway except from a lot in the R1 or R2 zone.

C. Backing Space in Residential Projects. A minimum unobstructed vehicular maneuvering distance of 25 feet measured from the opening of the garage or carport shall be provided, except as otherwise allowed in this Section.

D. Size and Dimensions of Parking Spaces and Maneuvering Aisles. Parking spaces shall meet the minimum size and dimensions established in Table C.6.080 -A (Parking Space Minimum Dimensions). Screening walls, roof support posts, columns, or other structural members shall not intrude into the required dimensions for parking spaces. Maneuvering aisles shall meet the minimum size and dimensions established in T able C.6.080-B (Maneuvering Aisle Minimum Dimensions).

Table C.6.080-A: Parking Space Minimum Dimensions
Type of Parking Space Width (feet) Length (feet)
Standard 1 9 18
Compact 7.5 15
Parallel 10 22
Tandem 10 38
Motorcycle 4 8

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Table C.6.080-A: Parking Space Minimum Dimensions
Type of Parking Space Width (feet) Length (feet)
Accessible Compliant with California Building Code
Table Notes:
1 A min. width of 10 ft and a minimum length of 20 ft must be provided in a residential garage containing four or fewer parking spaces and where the individual garage does not include circulation elements, such as driveway aisles.

Table C.6.080-B: Maneuvering Aisle Minimum Dimensions
Angle of Parking
Width (feet) 1
One-Way Two-Way
Parallel 12 16
0-45 degrees 12 22
46-60 degrees 18 22
61-90 degrees 24 24
Table Notes:
1 Modified standards may be approved by the City Engineer depending on the number of compact spaces present.

FIGURE C.6.080 -1: SIZE AND DIMENSIONS OF PARKING SPACES AND MANEUVERING AISLES

E. Required Improvements. All parking areas and access driveways shall have a smoothly graded, stabilized, and dustless surface with adequate drainage consistent with Engineering Division specifications.

F. Striping and Marking.

1. Space Outline. All parking spaces shall be clearly outlined with striping consistent with Engineering Division specifications.

2. Maneuvering Areas. All aisles, approach lanes, and turning areas shall be clearly marked with directional arrows and lines as necessary to provide for safe movement.

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3. Compact Spaces. All compact spaces shall be clearly marked as such.

4. Assigned Parking. Lots developed with multiple uses and a shared parking area shall not assign parking spaces to individual tenant spaces or uses, except that parking spaces for residential uses in a mixed-use project shall be assigned to the residential portion of the development.

G. Bumpers, Curbs, and Wheel Stops. A permanent curb, bumper, wheel stop, or similar device at least six inches high and thick shall be installed along the front edge of each parking space to protect buildings and landscaping from vehicular damage. If such protection is provided by a wheel stop, the stopping edge shall be placed no closer than two feet from the edges of the required sidewalks, planter, or landscaped areas and from any building. The two feet beyond the wheel stop may be paved, landscaped with ground cover, or used as additional sidewalk width.

No walkway used for a wheel stop may be less than six feet wide.

H. Circulation and Safety.

1. Visibility. Visibility shall be ensured for pedestrians, bicyclists, and motorists entering individual parking spaces, circulating within a parking facility, and entering or leaving a parking facility.

2. Public Service Vehicles. Parking lots shall be designed so that sanitation, emergency, and other public service vehicles can provide service without backing up unreasonable distances or making other dangerous or hazardous turning movements.

3. Pedestrian Circulation. Parking areas for commercial uses that are 80 feet or more in depth and/or include 25 or more parking spaces must have distinct and dedicated pedestrian access from a commercial use to parking areas and public sidewalks, according to the following standards.
a. Connection to public sidewalk. An on-site walkway shall connect the main building entry to a public sidewalk on each street frontage. Such walkway shall be the shortest practical distance between the main building entry and sidewalk, generally no more than 125 percent of the straight-line distance. b. Materials and width. Walkways shall provide at least five feet of unobstructed width, be hard surfaced, and paved with permeable materials. c. Identification. Pedestrian walkways shall be clearly differentiated from driveways, parking aisles, and parking and loading spaces using a raised crosswalk, a different paving material, or similar method. d. Separation. Where a pedestrian walkway is parallel and adjacent to a vehicle travel area, it must be raised and separated from the vehicle travel area by a raised curb at least four inches high, bollards, or other physical barriers.

I. Screening. A solid masonry wall a minimum height of six feet shall be required on all common property lines when any parking area is established abutting a residentially -zoned property. The wall shall be consistent with Section C.2.040 (Fences, Walls, and Hedges).

J. Landscaping. Parking area landscaping shall be provided consistent with Chapter C.4 (Landscaping Standards).

K. Lighting. Parking area lighting shall comply with Section C.2.070 (Lighting and Illumination).

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L. Alternative Parking Area Designs. An applicant may submit an alternative parking area design to the Director. The City Engineer and Review Authority may approve the alternative design if the applicant demonstrates the alternative design achieves at least one of the following:

1. Environmental design and green building objectives, including but not limited to achieving certification under the LEED Green Building Rating System or Green Globes building rating system;

2. Reduces or eliminates a public safety hazard; or

3. Brings substandard parking spaces into greater compliance with current City standards.

M. Transportation Research Board Manual and Guidelines. Projects shall comply with the Transportation Research Board’s Access Management Manual and Access Management Application Guidelines as appropriate as determined by the City Engineer.

N. Maintenance. Parking lots, including landscaped areas, driveways, and loading areas, shall be maintained free of refuse, debris, or other accumulated matter and shall always be kept in good repair.

C.6.090 Electric Vehicle Charging Spaces
Electric vehicle (EV) charging stations and EV- capable parking spaces may be provided in any area designated for the parking or loading of vehicles. All such spaces shall count toward the number of parking spaces required by this Chapter.

Required EV Charging Stations. The total number of required EV charging spaces shall be provided in compliance with the California Green Building Code.

B. Exceptions. Exceptions to the total number of EV charging spaces may be made on a case-by-case basis where the Director and the Building Official determine that EV charging infrastructure is not feasible based upon one or more of the following conditions:

1. There is insufficient electrical supply; or

2. The project is for an accessory dwelling unit or junior accessory dwelling unit.

C. Size. EV charging station parking spaces and EV-capable parking spaces shall be the same size and dimensions as specified in Section C.6.080.D ( Size and Dimensions of Parking Spaces and Maneuvering Aisles). EV supply equipment shall not reduce the size of the parking space below the minimum required dimensions.

D. EV Charging Station Standards. EV charging stations shall be allowed within any zone subject to all applicable requirements of the Milpitas Municipal Code and California Green Building Code in addition to the following:

1. The EV charging station shall be protected to prevent damage by automobiles.

2. Installation of mechanical equipment shall not conflict with existing infrastructure and shall not result in pedestrian or vehicular traffic hazards.

3. The EV charging station shall have complete instructions and appropriate warnings posted in an unobstructed location next to each EV charging station.

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4. EV Stations for Public Use. EV charging stations for public use must comply with the following standards.
a. The public EV charging station shall be visible from the right -of-way and illuminated during nighttime business hours. Lighting shall comply with Section C.2.070 (Lighting and Illumination).
b. The EV charging station may be on a timer that limits the use of the station to the normal business hours of the use(s) that it serves to preclude unauthorized use after business hours.
c. The following information shall be posted at a public EV charging station:
(i) Voltage and amperage levels;
(ii) Hour of operations if time limits or tow -away provisions are to be enforced by the property owner;
(iii) Usage fee;
(iv) Safety information; and
(v) Contact information for reporting when the equipment is not operating or other problems.

5. Existing parking spaces that must be removed to accommodate required EV charging spaces shall not be required to be replaced.

C.6.100 Bicycle Parking
Required Bicycle Parking. Bicycle parking must be provided consistent with this Section; however, if the California Green Building Code or other standards require additional bicycle parking or imposes more restrictive standards, the standard requiring the most bicycle parking and imposing the more restrictive standards shall control.

B. Number of Bicycle Spaces Required.

1. General. Bicycle parking shall be provided, consistent with this Table C.6.100-A (Required Number of Bicycle Parking Spaces), unless Subsection C.6.100.B.2 (Bicycle Parking Near a Major Transit Stop or Within the Metro Specific Plan Area) applies. Short -term parking spaces generally serve shoppers, customers, messengers, guests, and other visitors to a site who generally stay for a short time. Long-term bicycle parking spaces generally serve employees, students, residents, commuters, and others who generally stay at a site for four hours or longer.

Table C.6.100-A: Required Number of Bicycle Parking Spaces 1 Use Number of Bicycle
Parking Spaces (min.)
Long-Term Spaces
(min.)
Short-Term Spaces
(min.)
Single-family residential
uses None
Multi-family residential
uses (all NCMU and TC
Zones)
5% of total vehicle spaces
required N/A 100%

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Table C.6.100-A: Required Number of Bicycle Parking Spaces 1 Use Number of Bicycle
Parking Spaces (min.)
Long-Term Spaces
(min.)
Short-Term Spaces
(min.)
Multi-family residential
uses (all other zones) 1 per 2 units 85% 15%
Restaurant uses (all
NCMU and TC Zones)
5% of total vehicle spaces
required N/A 100%
Restaurant uses (all other
zones)
1 per 1,500 sf of leasable
floor area 25% 75%
Retail, services, office,
financial institution uses
(all NCMU and TC Zones)
5% of total vehicle spaces
required N/A 100%
Retail, services, office,
financial institution uses
(all other zones)
1 per 5,000 sf of leasable
floor area 25% 75%
Industrial and research
and development uses 1 per 20,000 sf 75% 25%
Lodging uses 1 per 10 guest rooms 50% 50%
Parking structures 1 per 25 vehicle parking
spaces To be determined by the Review Authority
All other uses To be determined by the Review Authority Table Notes:
1 See separate standards for projects near major transit stops or within the Metro Specific Plan areas in accordance with Subsection C.6.100.B.2 (Bicycle Parking Near a Major Transit Stop or within the Metro Specific Plan Area).

2. Bicycle Parking Near a Major Transit Stop or Within the Metro Specific Plan Area. Bicycle parking requirements for all uses within a one-half mile of a major transit stop and within the Metro Specific Plan area shall be provided consistent with Table C.6.100 -B (Bicycle Parking Requirements Near a Major Transit Stop or within the Metro Specific Plan Area).

Table C.6.100-B: Bicycle Parking Requirements Near a Major Transit Stop or within the Metro Specific Plan Area
Use Long-Term Spaces (min.) Short-Term Spaces (min.)
Multi-family residential uses 0.5 spaces per bedroom 0.1 spaces per bedroom Retail uses 1 space per 10,000 sf 1 space per 5,000 sf
Offices, Business and Professional 1.5 spaces per 10,000 sf 1 space per 20,000 sf All other uses None None

C. Bicycle Parking Standards.

1. Size and Accessibility. Each bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving another bicycle. Two feet of

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clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian walkways. Five feet of clearance shall be provided from vehicle parking spaces.

2. Standards for Short-Term Bicycle Parking.
a. Location. Short-term bicycle parking must be located outside of the public right - of-way and pedestrian walkways and within 50 feet of a main entrance to the building it serves. In the case of a commercial center, bicycle parking must be located within 50 feet of an entrance to each anchor store. Bicycle parking shall be visible from the street or from the main building entrance, or a sign must be posted at the main building entrance indicating the location of the parking. b. Anchoring and security. For each bicycle parking space required, a stationary, securely anchored object shall be provided to which a bicycle frame and one wheel can be secured with a high -security U-shaped shackle lock if both wheels are left on the bicycle. One such object may serve multiple bicycle parking spaces. c. Large bicycles. Five percent of the short- term parking spaces shall be at least three feet by 10 feet per parking space to accommodate large bicycles such as cargo, recumbent, tandem, and electric bicycles, and bicycles with trailers.

3. Standards for Long-Term Bicycle Parking.
a. Location. Long-term bicycle parking must be located on the same lot as the use it serves.
(i) In parking garages, long -term bicycle parking must be located near an entrance to the facility.
(ii) If not located on the ground floor, long- term bicycle parking must be accessible by an elevator with interior dimensions of at least 80 inches by 54 inches.
b. Covered spaces. 100 percent of the required long-term bicycle parking for multi- family residential uses shall be covered. At least 50 percent of the required long- term bicycle parking for other uses must be covered. Covered parking can be provided inside buildings, under roof overhangs or awnings, in bicycle lockers, or within or under other structures.
c. Security. Long-term bicycle parking must be in at least one of the following facilities:
(i) An enclosed bicycle locker;
(ii) A fenced, covered, locked or guarded bicycle storage area; (iii) A rack or stand inside a building that is within view of an attendant or security guard or visible from employee work areas, or within a secure/restricted bicycle storage room;
(iv) In a highly visible area that is monitored by a security camera; or (v) Other secure area approved by the Director.
d. Electrical outlets. Electrical outlets must be provided for electric bicycle charging.

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e. Large bicycles. Five percent of the long-term parking spaces shall be at least three feet by 10 feet per parking space to accommodate large bicycles such as cargo, recumbent, tandem, and electric bicycles, and bicycles with trailers. f. Bike repair station. When 10 or more long-term parking spaces are required, a bicycle repair station must also be provided. At minimum, the bicycle repair station must include tools to help fix minor maintenance issues, such as adding air to a tire, tightening a loose chain, or adjusting handlebars.

C.6.110 Off-Street Loading Requirements
All uses requiring the receipt or distribution by vehicles or trucks of material or merchandise shall provide off-street loading and unloading areas to handle the volume of truck traffic and loading requirements.

The loading space(s) shall be maintained during the existence of the building or use it is required to serve.

No loading space which is provided for the purpose of complying with the provisions of this Section shall be eliminated, reduced, or converted in any manner below the requirements establish ed in this Title , unless equivalent facilities are provided elsewhere, conforming to this Title.

Number of Loading Spaces Required for Commercial and Industrial Uses. At a minimum, loading spaces shall be provided in compliance with Table C.6.110-A (Required Loading Spaces).

1. Multi-Tenant Buildings . The gross floor area of the entire building shall be used in determining spaces for multi-tenant buildings. A common loading area may be required, if each tenant space is not provided with a loading area. Drive -in roll-up doors for multi- tenant industrial projects may be substituted for required loading areas.

2. Reduction to Number of Loading Spaces Required. The Director may waive the loading space requirement upon finding that the applicant has satisfactorily demonstrated that, due to the specific nature of the use and building, such loading space will not be necessary.

3. Additional Loading Spaces Requi red. Additional loading spaces may be required to ensure that trucks will not be loaded, unloaded, or stored on public streets. Such requirement shall be based on the anticipated frequency of truck deliveries.

Table C.6.110-A: Required Loading Spaces
Total Square Feet of Building Space (Gross
Floor Area) Loading Spaces Required
Commercial and Industrial Buildings
Less than 6,000 0
6,000 – 15,000 1
15,001 – 40,000 2
40,001 and over 3
Over 100,000 Adequate number as determined by the
Director
Hospitals and Institutions
Less than 10,000 0

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Table C.6.110-A: Required Loading Spaces
Total Square Feet of Building Space (Gross
Floor Area) Loading Spaces Required
10,000 – 50,000 1
50,001 – 100,000 2
100,001 and over 3
Other Uses
Hotels/Motels 1

Maneuvering Area. Sufficient space shall be provided for turning and maneuvering vehicles such that vehicles may enter and exit the site in a forward direction.

Location and Orientation.

1. Off-street loading facilities shall be located on the same site with the use for which the berths are required.

2. Off-street loading facilities shall be designed and located so that loading vehicles are not parked in required setbacks, driveways, or required parking spaces during loading activities.

3. No loading berths shall be closer than 30 feet to any property in a residential zone unless completely enclosed within a build ing, or a uniformly solid fence or wall, or any combination thereof, not less than eight feet in height.

4. No permitted or required loading berth shall be located within 25 feet of the nearest point of any street intersection.

5. Loading areas shall be located inside of buildings or on non -primary street frontages, alleys, parking areas, and/or at the rear or side of building.

6. Buffer and additional standards for certain uses (e.g., some warehousing and distribution uses) are required in accordance with California Government Code section 65098.

7. Exceptions. The location requirement may be modified or waived where the Review Authority finds that:
a. The intended use of the property or the location of or shape of the site and/or existing development warrant an adjustment to or waiver of these standards; b. That street- facing loading areas will exhibit architectural treatment, or will be enhanced with landscaping, in such a way as to minimize visual and noise impacts; and
c. There are specific features of the site and design of the building such that strict application of the location requirement is impractical.

D. Size and Dimensions. Each on-site loading space required by this Section shall not be less than 12 feet wide, 45 feet long, and 14 feet high, exclusive of driveways and areas for maneuvering. The minimum size requirement may be modified if the Director finds that the applicant has

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satisfactorily demonstrated that due to the nature of the proposed use, such size will not be needed.

E. Screening. All loading zones and truck parking areas shall be screened from view by a minimum of an eight-foot-high hedge, vine-covered fence, or wall and landscaping.

F. Bumpers. Bumper rails shall be provided in loading areas where needed for safety or to protect property.

G. Paving. Loading areas, aisles, and access driveways shall be paved so as to provide a durable, dustless surface and shall be graded and drained to dispose of surface water.

H. Use of Required Loading Spaces. Loading areas shall be accessible for their intended purpose during all hours of operation. No repair work or servicing of vehicles shall be conducted in a loading area. Space allocated to any off-street loading berth shall not be used to satisfy the space requirements for any off-street parking facility.

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Signs
Sections:

C.8.010 Purpose
C.8.020 Applicability
C.8.030 Permits and Administration
C.8.040 General Standards for All Signs
C.8.050 Standards for Permanent Signs
C.8.060 Sign Design Standards
C.8.070 Standards for Portable Signs and Temporary Signs C.8.080 Nonconforming Signs
C.8.090 Sign Enforcement
C.8.100 Severability
C.8.010 Purpose
The purpose of this Chapter is to provide regulation for all signs which are publicly displayed in the City.

The regulations in this Chapter ensure that all signs installed in the City are compatible with the unique character and environment of the communi ty and in compliance with the General Plan. The Chapter promotes public health, safety, and welfare through a comprehensive system of reasonable, effective, consistent, content-neutral, and nondiscriminatory sign standards and requirements. More specifically, this Chapter is intended to:

Ensure that all signs are compatible with the character of Milpitas and with its adopted plans, and that they support the desired ambience and development patterns of the community; B. Protect and improve property values, the local economy, and quality of life by preserving and enhancing the appearance of the streetscape;
C. Provide clear and unambiguous sign design standards that enable the fair and consistent enforcement of these sign regulations; and
D. Balance public and private objectives by allowing adequate avenues for both commercial and non- commercial messages;
E. Ensure pedestrian and traffic safety by promoting the free flow of traffic and the protection of pedestrians and motorists from injury and property damage caused by, or which may be fully or partially attributable to, cluttered, distracting, and/or illegible signage; F. Prevent property damage, personal injury, and litter caused by signs that are improperly constructed or maintained;
G. Ensure that the constitutionally guaranteed right of free speech is protected.

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C.8.020 Applicability
The regulations of this Chapter shall be applicable to all persons, businesses, and other enterprises seeking to erect or otherwise display a sign in Milpitas, and to all signs within Milpitas regardless of their nature or location, unless otherwise specifically exempted in Subsection C.8.020. G (Exempt Signs) or otherwise regulated through a Specific Plan.

Standards for Permanent Signs. Standards for p ermanent signs are found in Section C.8.050 (Standards for Permanent Signs).

B. Standards for Portable Signs and Temporary Signs. Standards for portable signs and temporary signs are found in Section C.8.070 (Standards for Portable Signs and Temporary Signs).

C. Content-Neutral Application. The provisions of this Chapter shall be applied in a content-neutral manner. Noncommunicative aspects of all signs, not related to the content of the sign, shall comply with the provisions of this Chapter. “Non-communicative aspects” include the time, place, manner, location, size, height, illumination, spacing, and orientation of signs.

D. Right-to-Picket. Nothing in this Chapter shall be construed to prohibit a person from holding a sign while picketing or protesting on public property that has been determined to be a traditional or designated public forum, so long as the person holding the sign does not block ingress and egress from buildings, create a safety hazard by impeding travel on sidewalks, in bike or vehicle lanes, or on trails, or violate any other reasonable time, place, and manner restrictions adopted by the City.

E. Substitutions and Interpretations.

1. This Chapter is not intended to, and does not, restrict speech on the basis of a sign’s content, viewpoint, or message. No part of this Chapter shall be construed to favor commercial speech over non -commercial speech. A non- commercial message may be substituted for any commercial or non -commercial message displayed on a sign, or the content o f any non -commercial message displayed on a sign may be changed to a different non -commercial message, without the need for any approval or permit, provided that the size of the sign is not altered and the sign otherwise complies with the provisions of this Chapter. To the extent any provision of this Chapter is ambiguous, the term will be interpreted not to regulate on the basis of the content of the message.

2. When there is any question regarding the interpretation of a provision of this Chapter, or its application to any specific case or situation, the Director shall interpret the intent of this Chapter.

3. An existing sign refinished for a use other than the original use shall be considered to be a new sign and is subject to the provisions of this Chapter.

4. All regulations included in this Chapter shall apply unless a Sign Program is approved; see Subsection C.8.030.C (Sign Programs). Approval of a Sign Program by the City may result in the application of alternative sign standards that supersede the requirements of this Chapter, except for matters of public safety.

F. Conflicting Regulations.

1. Exceptions to this Chapter may be made for signs subject to federal or state government regulations that may be in conflict with this Chapter.

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2. No sign shall be constructed, erected, installed, or maintained in any manner that conflicts with any rule, regulation, or order of the California Public Utilities Commission pertaining to the construction, operation, and maintenance of public utilities.

G. Exempt Signs. The following are not regulated under this Chapter, do not count toward the maximum total sign area, and do not require a Sign Permit:

1. Non-structural Modifications and Maintenance. A Sign Permit is not required for the following:
a. Changes to the changeable copy of a changeable copy sign; and b. The normal repair and maintenance of conforming or legal nonconforming signs, except as identified in Subsection C.8.040.G (Sign Maintenance).

2. Government Signs. Any sign, posting, notice or similar signs placed, installed, or required by law by a city, county, or a federal or state governmental agency in carrying out its responsibility to protect the public health, safety, and welfare, including the following:
a. Numerals and letters identifying an address from the street to facilitate emergency response and when compliant with City requirements; b. Emergency and warning signs necessary to warn of dangerous and hazardous conditions and that serve to aid public safety or civil defense; c. Traffic signs erected and maintained by an authorized public agency; d. Signs required to be displayed by any applicable federal, state, or local law, regulation, or ordinance;
e. Signs directing the public to points of interest; and f. Signs showing the location of public facilities.

3. Incidental Signs. Incidental signs located outside of public easements or right of way on private property no greater than a total of three square feet in sign area in all residential zones and six square feet in all other zones.

4. Signs Not Readable from the Public Right -of-Way. Signs not readable from the public right-of-way that meet at least one of the following:
a. Signs or displays located entirely inside of a building, within a courtyard, open-air pedestrian space or similar open area and not visible from the building’s exterior, except signs viewed from an alley.
b. Signs intended to be readable from within a parking area or public park but not readable beyond the boundaries of the lot or parcel upon which they are located or from a public right-of-way.

5. Signs Identifying Historic Buildings, Historic Plaques, and Commemorative Signs.

Historic plaques, memorial signs, or tablets that are no more than two square feet in area that are:
a. Erected by recognized historical agencies;
b. Names of buildings and the date the building was erected when cut into a masonry surface; or

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c. Constructed of bronze or other noncombustible letters and affixed flat against the wall of the building.

C.8.030 Permits and Administration
Relationship to Other Applicable Documents including Local and State Regulations. In addition to the provisions provided in this Chapter, other City and state regulations may apply depending on the specific sign type and/or its location. These other regulations include, but are not limited to:

1. California State Highway Code;

2. California Business and Professions Code;

3. California Civil Code;

4. Any applicable Specific Plan that includes sign standards and regulations in addition to those provided in this Chapter. If the Specific Plan does not include sign standards, the regulations of this Chapter shall prevail;

5. Uniform Building and National Electrical Codes when Building and Electrical Permits are required; and

6. Any other requirements of the Milpitas Municipal Code.

B. Sign Permits. The procedures and requirements for the preparation, filing, and processing of Sign Permits for permanent and temporary signs are provided in Section D.4.070 (Sign Permits).

C. Sign Programs. The procedures and requirements for the preparation, filing, and processing of Sign Programs are provided in Section D.4.080 (Sign Programs).

C.8.040 General Standards for All Signs
Purpose. The purpose of these general regulations is to define the parameters for design, size, height, and location of signs. The requirements related to the number, design , type and size of signs outlined in this Chapter are intended to be maximum standards which do not necessarily ensure compatibility with building architecture, the neighborhood and the community appearance.

B. Sign Message. Any permitted sign may contain, in lieu of any other message or copy, any lawful non-commercial message, so long as the sign complies with the size, height, area, location, and other requirements of this Chapter.

C. Prohibited Signs and General Restrictions for All Signs. The following signs, or signs which contain the following elements, are prohibited:

1. Location Restrictions. Signs may not be placed in the following locations, except where specifically authorized in this Chapter:
a. Architectural features. Locations where a sign would cover the architectural features of a building, such as dormers, insignias, pilasters, soffits, transoms, trims, or another architectural feature.
b. Accessory structures. Tacked, painted, pasted, or otherwise affixed, to the walls of any accessory structure, barn or shed, or on trees, poles, posts, fences, ladders,

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or other structures that are visible from or within a public way. Permanent signs may be attached to a fence or freestanding wall only when a monument or post sign is not present in the development and must be a maximum of three square feet in sign area.
c. Fuel tanks, storage containers, and solid waste receptacles. Painted, attached or mounted on fuel tanks, storage containers and/or solid waste receptacles or their enclosures, except for a manufacturer’s or installer’s identification, appropriate warning signs and placards, and information required by law. d. Clearance from power lines. Within the horizontal or vertical clearance standards from communications lines and energized electrical power lines prescribed by the laws of the State of California.
e. Exits and entrances. Any sign which is placed in a manner that would prevent or inhibit free ingress to or egress from any door, window, vent, or any exit way required by the Building Code or Fire Code (currently in effect). f. Conflict with traffic signs. Any location that obstructs the view of any authorized traffic sign, signal, or other traffic control device or which by reason of shape, color, or position interferes with or could be confused with any authorized traffic signal or device.
g. Intersections. Any sign erected or maintained at or near any street intersection that will obstruct the free and clear vision of drivers and pedestrians. h. Obstruction of pedestrian ways. Any sign mounted or displayed in such a manner that impedes, obstructs, or creates hazards with respect to pedestrian traffic. A minimum unobstructed width of five feet must be maintained on sidewalks at all times.
i. Off-site. Not on the site or premises to which the sign refers, unless the property or business has no street frontage, in which case signs may be located on the nearest property with street frontage that is in front of or adjacent to the subject property with the written permission of the property owner. Off-site billboards designed consistent with Subsection C.8.050.D.2 (Billboard Sign) may be permitted with approval of a Major Sign Permit in compliance with Subsection D.4.070.D.1.b.
j. Right-of-way and public property. Signs located on public property and within the public right-of-way including any sign or handbill attached to a utility pole, street sign pole, or streetlight except those required or permitted by federal, state, or local law. Restrictions also apply to any sign attached to any public structure, tree, fence, fire hydrant, bridge, curb, sidewalk, park bench, statue, memorial, or other location on public property. Exceptions include:
(i) Signs approved as part of a special event;
(ii) Banner signs permitted by the City on light poles within the right-of-way; and
(iii) Signs approved with an Encroachment Permit.

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k. Easements. Signs located in public utility easements or other easements that would prohibit signage.
l. Vehicles. Signs mounted, attached, or painted on a trailer, boat, or motor vehicle when parked, stored, or displayed conspicuously on private premises in a manner intended to attract attention of the public for the purpose of advertising or identifying the business premises. This provision excludes signs indicating the name of the owner or business that are permanently painted or wrapped on the surface of the vehicle, adhesive vinyl film affixed to the interior or exterior surface of a vehicle window, or signs magnetically attached to motor vehicles or rolling stock that are actively used in the daily conduct of the business; however, vehicles must be operable, legally registered, and parked in a lawful or authorized manner within the confines of a striped parking space approved by the City, a residential driveway or residential street, or in a City street for more than 72 hours.

2. Display Restrictions.
a. Blinking, flashing lights. Any sign having blinking, flashing, or fluttering lights, or any other illuminating device which has a changing light intensity, brightness, or color is not allowed consistent with Subsection C.8.040.E (Sign Illumination), except for the following:
(i) Approved in accordance with Section C.8.050.D.2 (Billboard Sign); or (ii) Approved in accordance with a Sign Program, in accordance with Section C.8.030.C (Sign Programs).
b. Devices affected by movement. Any sign animated by any means, including fixed aerial displays, airborne balloons, feather banners, pennants, propellers, spinners, streamers, lights, string of flags, tubes or other devices affected by movement of the air or other atmospheric or mechanical means. c. Exposed light source. Any sign with an exposed light source, except for neon or LED strip lights incorporated into the design of the sign. d. Fluorescent colors. Any sign which uses fluorescent colors. e. Reflective materials. Any sign using colors or materials with reflective properties. f. Rotating signs. Any sign in which the sign body or any portion of the sign body or any portion of the sign rotates, moves up and down, or any other type of action involving a change in position of the sign body or any portion of the sign, whether by mechanical or any othe r means. Barber poles no larger than three feet high and 10 inches in diameter, and clocks, are excepted from this restriction. g. Sound, odors, visible matter, and motion picture projection. Any sign which emits sound, odor, smoke, laser light display, hologram lights, or other visible matter, including any sign that uses motion picture projection.

3. Prohibited Sign Types. See definitions in Chapter E.6 (Definitions of Sign Terms). The following sign types are prohibited:
a. Any sign which advertises a business that is a prohibited use or no longer in existence or a product or service no longer being sold, except for a cultural

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resource designated in accordance with Milpitas Municipal Code Chapter XI-4 (Cultural Resources Preservation Program).
b. Any advertising sign that is placed on public property or on private property without the consent of the property owner or as authorized in this Title. Includes temporary signs illegally tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, or other objects. c. Any sign erected upon a roof or roof-mounted equipment structure and any sign extending above a roof, parapet, or roof- mounted equipment structure of a building or structure.
d. Sign walkers.
e. Signs which bear or contain statements, words, or pictures of an obscene nature. f. Stuffed or inflated animals or characters used as signs.

4. Parking of Mobile Billboards Prohibited. No person shall park or convey any mobile billboard advertising display , as defined by California Vehicle Code section 395.5, upon any public street or public lands in the City.
a. Removal of mobile billboard advertising displays authorized. In accordance with California Vehicle Code section 22651(v) and (w), a peace officer, or any regularly employed and salaried employee of the City, who is authorized to engage in directing traffic or enforcing parking laws and regulations may remove, or cause to be removed, the mobile billboard, or anything the mobile billboard is attached to including a motor vehicle, located within the City limits when the mobile billboard is found upon any public street or any public lands, if all of the following requirements are satisfied:
(i) When a mobile billboard either standing alone or attached to a vehicle, device, or bicycle is parked or left standing in violation of this Title, and the registered owner of the vehicle , device, bicycle, or display was previously issued a warning notice or citation for the same offense; (ii) A warning notice or citation was issued to a first-time offender at least 24 hours prior to the removal of the vehicle , device, bicycle, or display. In accordance with California Vehicle Code section 22651(v)(2) and (w)(2), the City is not required to provide further notice for a subsequent violation prior to enforcement; and
(iii) The warning notice or citation advised the registered owner of the vehicle, device, bicycle or display that they may be subject to penalties upon a subsequent violation of the Title that may include removal of the vehicle, device, bicycle, or display.
b. Permanent advertising signs excepted. In accordance with California Vehicle Code section 21100(o)(2) and ( o)(3), this Section does not apply to advertising signs that are permanently affixed in a manner that is painted directly upon the body of a motor vehicle, applied to a decal on the body of a motor vehicle, or placed in a location on the body of a motor vehicle that was specifically designed by vehicle manufacturer for the express purpose of containing an advertising sign, such that they are an integral part of, or fixture of a motor vehicle for permanent

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decoration, identification, or display and that do not extend beyond the overall length, width, or height of the vehicle.
c. Post storage impound hearing. California Vehicle Code section 22852 applies to this Section with respect to the removal of any mobile billboard advertising display vehicle. Section 22852 is incorporated by reference and provides, in summary, that whenever an authorized employee of the City shall direct the storage operator to provide the vehicle's registered and legal owner(s) of record, or their agent(s), with the opportunity to for a post-storage hearing to determine the validity of the storage. Notice of the storage shall be mailed or personally delivered to the registered and legal owner(s) of record, or their agent(s), with the opportunity for a post -storage hearing to determine the validity of the storage. Notice of the storage shall be mailed or perso nally delivered to the registered and legal owner(s) within 48 hours, excluding weekends, as specifically provided by under California Vehicle Code section 22852. To receive a post - storage hearing, the owner(s) of record, or their agent(s), must request a hearing in person, in writing, or by telephone within 10 days of the date appearing on the notice. The City may authorize its own officer or employee to conduct the hearing as long as the hearing officer is not the same person who directed the storage of the vehicle.
d. Violation penalties. A violation of this Section is a misdemeanor, punishable upon conviction by a fine of not less than $250.00, no more than $1,000.00, or by imprisonment in the Santa Clara County Jail for not more than six months, or by both fine and imprisonment. At the d iscretion of the Chief of Police to issue a citation for any violation of this Section, or the Milpitas City Attorney's Office, a violation of this Section may be an infraction enforced through the parking penalty process set forth in California Vehicle Code section 40200 et seq. or may be enforced as an administrative citation consistent with Milpitas Municipal Code Chapter I-21 (Administrative Citation).

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D. Rules of Measurement.

1. Sign Area Measurement. Sign area is measured as follows:
a. Signs on background panel. Where the sign copy is mounted, affixed, or painted on a background panel or distinctively painted, textured, or constructed surface, the sign area is measured as the sum of the smallest rectangle(s) that will enclose both the sign copy and the background , as shown in Figure C.8.040 -1 (Signs on Background Panel).

FIGURE C.8.040 -1: SIGNS ON BACKGROUND PANEL

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b. Signs with individual letters or symbols. Where the sign has individual letters or symbols mounted against a wall, fascia, mansard, parapet, or other building surface that has not been distinctively painted, textured, or constructed as a background panel, the sign area is measured as a sum of the smallest rectangle(s) that will enclose each word and each graphic in the total sign except for the descending elements of lower case letters, as shown in Figure C.8.040.D-2 (Signs with Individual Letters). Where a ny individual type letters or symbols are separated by more than 36 inches from each other, those letters or symbols shall be calculated separately. The area of signs with individual letters or graphics shall be counted as 75 percent of the area enclosing the sign copy (i.e., sign area is determined as 75 percent of the total area enclosing all individual letters).

FIGURE C.8.040.D -2: SIGNS WITH INDIVIDUAL LETTERS

c. Irregular shaped signs. Sign area for irregular shaped signs is determined by dividing the sign into squares, rectangles, triangles, circles, or arcs as shown in Figure C.8.040.D-3 (Irregular Shaped Signs).

FIGURE C.8.040.D -3: IRREGULAR SHAPED SIGNS

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d. Multi-face signs. The sign area for multi-face signs, as shown in Figure C.8.040.D- 4 (Multi-Face Signs), are measured as follows:
(i) Two-face signs. Where the interior angle between the two sign faces is 45 degrees or less and the sign faces are less than 42 inches apart, the sign area is measured as the area of one sign face only. Where the angle between the two sign faces is greater than 45 degrees, the sign area is the sum of the areas of the two sign faces.
(ii) Three- or four -face signs. The allowable sign area is measured as 50 percent of the sum of the areas of all sign faces.

FIGURE C.8.040.D -4: MULTI -FACE SIGNS

2. Sign Height Measurement. Sign height is measured as follows:
a. Freestanding signs. Sign height for freestanding signs is measured as the vertical distance from the finished grade to the top of the sign, as shown in Figure C.8.040.D-5 (Freestanding Sign Height) , except that height is measured from a warped plane parallel to natural grade in the “H” Hillside Combining District.

FIGURE C.8.040.D -5: FREESTANDING SIGN HEIGHT

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(i) Higher than adjacent grade . Where the grade at the base of a sign is higher than the grade of the adjacent road right -of-way, sign height is measured from the base of the sign, as shown in Figure C.8.040.D -6 (Freestanding Sign, Higher than Adjacent Grade).

FIGURE C.8.040.D -6: FRE ESTANDING SIGN, HIGHER THAN ADJACENT GRADE

(ii) Lower than adjacent grade. Where the grade at the base of a sign is lower than the grade of an adjacent road right-of-way, the height of the sign is measured from the top of curb elevation, as shown in Figure C.8.040.D-7 (Freestanding Sign, Lower than Adjacent Grade). The portion of the sign below the grade at the edge of the right- of-way shall not be included in determining the sign’s overall height.

FIGURE C.8.040.D -7: FRE ESTANDING SIGN, LOWER T HAN ADJACENT GRADE

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b. Wall Signs. The height of building- mounted signs is the vertical distance measured from the base of the wall on which the sign is located to the top of the sign structure, as shown in Figure C.8.040.D-8 (Wall Sign Height).

FIGURE C.8.040.D -8: WALL SIGN HEIGHT

E. Sign Illumination.

1. Internal Illumination.
a. Internally illuminated signs include single - and multi -color LED signs, signs constructed with pan channel letters or reverse pan channel letters (i.e., indirect halo illuminated channel letters) on an unlit or otherwise indistinguishable background on a freestanding sign or wall.
b. Internally illuminated signs must only be illuminated with steady, light sources that give no illusion of movement.

2. External Illumination.
a. Externally illuminated signs must be illuminated only with steady, stationary, fully shielded light sources directed solely onto the sign without causing glare. b. The light source for externally illuminated signs must be arranged and shielded to substantially confine all direct light rays onto the sign face and away from streets and adjacent properties as illustrated in Figure C.8.040.E -1 (External Illumination).

FIGURE C.8.040.E -1: EXTERNAL ILLUMINATION

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3. Single- or Multi-color LED Signs.
a. Single- or multi-color LED signs are only allowed in commercial, industrial, and mixed-use zones.
b. Single- or multi- color LED signs are exempt from the sign area limitations for window signs.
c. Single- or multi-color LED signs are included in the total sign area for wall and monument signs.
d. Any individual single- or multi-color LED sign must not exceed two square feet in area and must be maximum four square feet in total.
e. Single-color or two -color LED signs must be turned off daily at the close of business or 10:00 pm, whichever occurs last.

4. Neon.
a. Exposed neon sign lighting on permanent signs are only allowed in commercial, industrial, and mixed-use zones.
b. Each business is only allowed one neon sign and it must be placed on the primary frontage of the building.
c. Neon is allowed on no more than 25 percent of the total sign area of a permanent building mounted sign.
d. Neon signs placed in a window are included in the total sign area limitations for all window signs.
e. Neon signs must be turned off daily at the close of business or 10:00 pm, whichever occurs last.

5. Electronic Message Signs.
a. One electronic message sign may be allowed subject to approval of a Major Sign Permit as an integral component of a freestanding sign or wall sign per lot or site for mixed -use and non -residential uses in all commercial, mixed use, and industrial zones and in the Institutional (I) Zone.
b. Electronic message signs must not flash, blink, flutter, include intermittent or chasing lights, or display video messages (i.e., any illumination or message that is in motion or appears to be in motion).
c. Electronic message signs may display changing messages provided that each message is displayed for no less than 15 seconds.

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d. Night-time brightness.
(i) Automatic control. Electronic message signs must be equipped with photocell technology to control and vary the intensity of light output depending on the amount of ambient light that is present to prevent overly bright luminance at night. Automatic controls must limit night luminance to a maximum of 100 nits when the display is set to show maximum brightness in 100 percent full white mode.
(ii) Manufacturer certification. The applicant shall include with the Building Permit application a written certification from the sign manufacturer that the night -time luminance has been factory pre -set not to exceed the standard in Subsection C.8.040.E.5.d.i (Automatic control), and that this setting is protected from end -user modification by password -protected software or another method as deemed appropriate by the Building Official.
e. Electronic message signs must be set to a maximum lighting intensity of 0.6 foot- candles as measured using a foot -candle meter placed 100 feet from the sign.

Each sign shall have a redundant system for controlling sign brightness, including an automatic light sensing device or photocell that will adjust the brightness as ambient light conditions change, and a backup system based on local sunrise and sunset times.
f. Electronic message signs shall be located within five feet of the principal building wall.

F. Sign Structure and Installation.

1. The installation of signs shall be enforced and administered by the Building Official. All signs and sign structures must be designed to comply with the provisions of this Chapter; the provisions of the California Title 24 Building and Electrical Codes; and constructed to withstand wind loads, dead loads, and lateral forces.

2. Signs shall be designed so that the support frameworks for the sign are an integral part of the design of the sign or within the structure of the building to which it is attached in such a manner as to not be visible. Any angle iron, bracing, guy wires, or similar features used to support a sign shall not be visible to the extent technically feasible.

3. Where electrical service is provided to freestanding signs, the electrical service shall be placed underground and concealed. Electrical service to building mounted signs, including conduit, transformers, housings, and wire, shall be concealed or, when necessary, painted to match the surface of the structure upon which they are mounted. A Building Permit or Electrical Permit shall be issued prior to installation of any new signs requiring electrical service.

4. Raceway cabinets, as illustrated in Figure C.8.040.F -1 (Raceway), may only be used in building mounted signs when access to the wall behind the sign is not feasible, or when the Director determines that a benefit exists to preserve a historic or architectural feature of a building. In such cases, the raceway cabinet m ust not extend in width and height beyond the area of the sign and must match the color of the building to which it is attached. Where a raceway cabinet provides a contrast background to sign c opy, the colored area is counted in the total allowable sign area allowed for the site or business.

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FIGURE C.8.040.F -1: RACEWAY

5. All permanent signs allowed by this Chapter shall be constructed of durable , impact- resistant materials capable of withstanding continuous exposure to the elements and the conditions of a built-up environment, and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame, or structure.

G. Sign Maintenance.

1. All signs must be maintained by the property owner, tenant, or permittee. In the event a sign becomes derelict for reasons of lack of maintenance the Sign Permit may be revoked and the sign subject to abatement.

2. Repainting or cleaning a sign does not require a Sign Permit unless a structural change is made, in which case a Minor Sign Permit application shall be completed and submitted to the Director in compliance with the provisions of Section D.4.070 (Sign Permits).

3. All signs, together with their supports and appurtenances , shall be maintained in good structural condition, in compliance with applicable building and electrical codes, and in conformance with this Chapter. Maintenance of a sign includes periodic cleaning, replacement of flickering, burned out or broken light bu lbs or fixtures, repair or replacement of any faded, peeled, cracked, or otherwise damaged or broken parts of a sign, and any other activity necessary to restore the sign so that it continues to com ply with the requirements and contents of the Sign Permit issued for its installation and the provisions of this Chapter.

4. All signs and supporting structures shall be kept in repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted and clean. The immediate surrounding premises shall be maintained free of weeds and rubbish. The Director is authorized to order the painting, cleaning, or repair of signs which become dilapidated and the cleaning of the immediate premises. The maintenance shall be completed within 30 days of receiving written notice.

5. Required landscaped areas around signs shall be maintained consistent with C.4.050.I (Maintenance).

6. The Building Official has the authority to order the repair, maintenance, or removal of any sign or sign structure that has not been maintained and is dangerous or in disrepair, or which is erected or maintained contrary to the requirements of this Chapter.

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7. Failure to maintain a sign constitutes a violation of this Chapter and will be subject to enforcement action, in which case the Director may order the removal of any sign that is determined to be in disrepair or dangerous.

C.8.050 Standards for Permanent Signs
Applicability.

1. This Section establishes standards for permanent signs.

2. Table C.8.050-A (Allowed Permanent Sign Types by Zone) establishes which permanent sign types are allowed in each zone. Any combination of allowed sign types may be used within a given zone unless specifically prohibited.

3. Table C.8.050-B (Maximum Total Permanent Sign Area) establishes maximum allowed total sign area per lot based on zones. Subsection C.8.050.D ( Standards for Specific Permanent Signs) provide s the standards and supporting illustrations for allowed sign types.

4. A sign type not specifically included in this Section may be allowed by the Director provided the sign meets the intent of the zone in which it is proposed and all applicable sign standards.

B. Allowed Permanent Sign Types by Zone. Table C.8.050-A (Allowed Permanent Sign Types by Zone) establishes which sign types are allowed in each zone category. Refer to Section B.2.020 (Zones Established) for specific zones within each zone category.

Table C.8.050-A: Allowed Permanent Sign Types by Zone
• = permitted | ― = not permitted
Sign Type Residential
Zones
Commercial
Zones
Mixed Use
Zones
Industrial
Zones
Metro
Zones Other Zones
Awning Sign ― • • • • •
Billboard
Sign ― • ― • ― ―
Blade Sign ― • • • • •
Canopy Sign ― • • • • •
Directional
Sign ― • • • • •
Directory
Sign ― • • • • •
Monument
Sign • • • • • •
Post Sign • • • • • •
Projecting
Sign ― • • • • •

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C. Maximum Total Permanent Sign Area. Table C.8.050-B (Maximum Total Permanent Sign Area) provides standards for total allowable permanent sign area per lot by zone. See Subsection C.8.050.D (Standards for Specific Permanent Signs) for additional standards.

Table C.8.050-B: Maximum Total Permanent Sign Area Per Lot sf = square feet | lf = linear feet
Zones Sign Area 1
R1 Zones
Conditional uses shall be allowed sign area not exceeding 1 sf of sign area for each 3 lf of public street frontage 2
Max. area: 32 sf; 24 sf in the “H” Hillside Combining District R2, R3, R4, and
MHP Zones
Permitted uses, except for multi-family residential uses with 10 or more units, shall be allowed sign area not exceeding 10 sf

Multi-family residential uses with 10 or more units shall be allowed sign area not exceeding 1 sf of sign area for each 3 lf of public street frontage and no more than 50 sf of signage per frontage 2 In no case shall less than 10 sf of total sign area be allowed

Conditional uses shall be allowed sign area not exceeding 1 sf of sign area for each 3 lf of public street frontage with a maximum total sign area of 32 sf 2 Nonresidential
Zones
(Commercial,
Mixed Use,
Industrial,
Metro, Other)
3 Max. area: 1 sf of sign for each 2 lf of building perimeter on the subject parcel or not exceed 2 sf of sign for each 1 lf of public street frontage 2, 3
For buildings or uses containing more than 1 business, the allowable sign area shall be:
• Distributed to each business proportionately to the floor area of the subject business to the total floor area for all leasable structures on the parcel or site; or • Distributed to each business proportionately to the building façade of the subject business by 1 sf of sign area per 1 lf of adjacent building façade oriented towards a property line of a site or common parking area
4 Table Notes:
1 See Section C.8.050.D (Standards for Specific Permanent Signs) for which signs are counted or not counted toward the total sign area.

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2 Public street frontage with non-access rights or no immediate direct access, such as flood control channels, but excluding landscaped planter areas, shall not be considered public street frontage for purposes of sign area calculations.
3 At the applicant's discretion.
4 For a 30-acre or larger commercial site with gross building area of at least 1,000,000 sf, private streets that delineate separate parcels within the site may be used instead of its public street frontage (or applicable building perimeter formula) for calculating total allowed sign area.

D. Standards for Specific Permanent Signs . In addition to the standards in Table C.8.050- B (Maximum Total Permanent Sign Area), permanent signs must comply with the specific standards provided in this Subsection as applicable to each sign type.

1. Awning Signs. Awning signs must comply with the standards provided in Table C.8.050-C (Standards for Awning Signs).

Table C.8.050-C: Standards for Awning Signs
sf = square feet | lf = linear feet
Standards Requirements
Sign Area 1 Max. 50% of the area of the end panel and max. 20% of the area of the street-facing panel of the awning or valance
Sign Height
Min. 8 ft from the bottom of the awning to the nearest grade or sidewalk
Max. 20 ft
Sign Placement
Must only be placed above the doors and windows of the ground floor May project into public right-of-way with approval of an Encroachment Permit
Valance Height Max. 9 in
Horizontal Distance
from Back of Curb Min. 2 ft
Illumination Non-illuminated or illumination allowed under the awning consistent with Subsection C.2.070 (Lighting and Illumination)

Table Notes:
1 Included in the total allowable sign area for all permanent signs. See Table C.8.050-B (Maximum Total Permanent Sign Area).

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2. Billboard Sign s. Billboard signs must comply with the standards provided in Table C.8.050-D (Standards for Billboard Signs).

Table C.8.050-D: Standards for Billboard Signs
sf = square feet | lf = linear feet
Standards Requirements
Sign Area 1 Max. 1,200 sf 2
Sign Height Max. 70 ft
Sign Placement
Must be placed adjacent to an interstate highway or state route Must be separated at least 1,000 ft from another billboard on the same side of the interstate or state route
To the extent possible, must be located and oriented to avoid or minimize the direct exposure of the display to view from adjacent or nearby residential or lodging uses
Illumination
Non-illuminated, internal illumination, or external illumination (see C.8.040.E (Sign Illumination))
Lighting shall not impair the vision of travelers on any adjacent interstate or state route
3 The lamps/light sources of a static display must be designed and installed so that the angle of the light towards the freeway cannot be altered.

Digital Billboards
Digital billboards shall contain static messages only, and shall not have movement, or the appearance or optical illusion of movement, of any part of the sign structure, design, lighting, or pictorial segment of the sign Each message must be displayed for a min. of 4 seconds
Must not exceed a brightness level of 0.3 foot-candles over ambient light levels, as measured using a foot-candle meter at 250 ft from the sign face (unless a more restrictive standard is otherwise required) Other
Requirements
Must be located in a landscape area that extends min. 3 ft from the base of the sign and is defined by a vertical curb to protect the sign Must include the words “City of Milpitas” and/or the City logo on the structure
Must obtain written permission of the property owner
Must enter into a Development Agreement or other form acceptable to the City Attorney
All advertising on the billboard must conform to California Business and Professions Code § 5200-5486 and other applicable state and federal rules and regulations
Table Notes:
1 Not included in the total allowable sign area for all permanent signs. 2 Ancillary fixed signs or logos may be permitted on the sign's supporting structure and are not counted towards the maximum sign area.
3 Illumination shall be considered vision impairing when its brilliance exceeds standards in California Vehicle Code § 21466, or any successor statue or California Department of Transportation regulations.

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3. Blade Sign s. Blade signs must comply with the standards provided in Table C.8.050-E (Standards for Blade Signs).

Table C.8.050-E: Standards for Blade Signs
sf = square feet | lf = linear feet
Standards Requirements
Sign Area 1 Max. 8 sf
Sign Height Min. 8 ft from the bottom of the sign to the nearest grade or sidewalk Max. 15 ft
Sign Placement Must only be placed on the ground floor
May project into public right-of-way with approval of an Encroachment Permit Number of Signs Max. 1 per business frontage
Projection May project a max. 4 ft from the wall of a building Illumination No internal illumination

Table Notes:
1 Included in the total allowable sign area for all permanent signs. See Table C.8.050-B (Maximum Total Permanent Sign Area).

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4. Canopy Signs. Canopy signs must comply with the standards provided in Table C.8.050-F (Standards for Canopy Signs).

Table C.8.050-F: Standards for Canopy Signs
sf = square feet | lf = linear feet
Standards Requirements
Sign Area 1 Max. 1 sf per 1 lf of canopy width
Sign Height
Min. 8 ft from the bottom of the canopy to the nearest grade or sidewalk
Max. 20 ft
Sign Placement
Must only be placed above the doors and windows of the ground floor
May project into public right-of-way with approval of an Encroachment Permit
Horizontal Distance from
Back of Curb Min. 2 ft
Illumination Non-illuminated or internal illumination
Other Requirements Max. height of sign letters is 2 ft measured from the top of the canopy

Table Notes:
1 Included in the total allowable sign area for all permanent signs. See Table C.8.050-B (Maximum Total Permanent Sign Area).

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5. Directional Signs. Directional signs must comply with the standards provided in Table C.8.050-G (Standards for Directional Signs).

Table C.8.050-G: Standards for Directional Signs
sf = square feet | lf = linear feet
Standards
Requirements
Building-Mounted Freestanding
Sign Area 1 Max. 12 sf Max. 3 sf
Sign Height Max. 8 ft Max. 6 ft, except max.4 ft at driveway or drive-through lanes
Sign
Placement n/a Max. 10 ft setback from the property line Number of
Signs
Max. 1 per driveway entrance
Max. 6 signs per site or development
Illumination Non-illuminated or external illumination
Other
Requirements
n/a
Must be located in a landscape area that
extends min. 3 ft from the base of the
sign and is defined by a vertical curb to
protect the sign.

Table Notes:
1 Not included in the total allowable sign area for all permanent signs.

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6. Directory Sign s. Directory signs must comply with the standards provided in Table C.8.050-H (Standards for Directory Signs).

Table C.8.050-H: Standards for Directory Signs
sf = square feet | lf = linear feet
Standards
Requirements
Building-Mounted Freestanding
Sign Area 1 Max. 2 sf per tenant space
Max. 16 sf total sign area
Max. 1 sf per tenant space
Max. 12 sf total sign area
Sign Height Max. 8 ft from the top of the sign to
nearest grade
Max. 6 ft from the top of the sign to
nearest grade
Sign
Placement n/a Max. 10 ft setback from the property
line
Number of
Signs Max. 1 per primary building entrance Max. 1 per building Illumination Non-illuminated, internal illumination, or external illumination Other n/a
Must be located in a landscape area that
extends min. 3 ft from the base of the
sign and is defined by a vertical curb to
protect the sign.

Table Notes:
1 Not included in the total allowable sign area for all permanent signs.

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7. Monument Signs. Monument signs must comply with the standards provided in Table C.8.050-I (Standards for Monument Signs).

Table C.8.050-I: Standards for Monument Signs
sf = square feet | lf = linear feet
Standards
Requirements
All Other Zones Residential Zones
Sign Area 1, 2 As provided in Table C.8.050-B (Maximum Total Permanent Sign Area) Sign Height 2
1 ft of height per 8 lf of public street
frontage
Max. 25 ft
For any second sign allowed, only the lf
over 300 ft shall be used to determine
height
1 ft of height per 25 lf of public street
frontage
Max. 10 ft; except 4 ft in the “H”
Hillside Combining District

Number of
Signs
2 Max. 1 per public street frontage; none allowed on the street frontage if a post sign is located on that street frontage
1 additional sign allowed for lots with more than 300 ft of street frontage Sign Placement Only located along a property frontage facing a public street Illumination Non-illuminated, internal illumination,
or external illumination
Non-illuminated or external
illumination
Other
Requirements
The sign base must be at least 60% of the width of the sign. The sign base shall be min. 12 inches in height from finished grade.

Must be located in a landscape area, consisting of shrubs and/or perennial ground cover plants, that extends min. 3 ft from the base of the sign in all directions and is defined by a vertical curb to protect the sign.

Table Notes:
1 Included in the total allowable sign area for all permanent signs. See Table C.8.050-B (Maximum Total Permanent Sign Area).
2 The following exceptions to these standards may be allowed with Planning Commission approval of a Sign Program:
• For a 5-acre or larger site with 5 or more businesses, an additional monument sign may be allowed that is up to 300 sf and 45 ft in height.

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• For a 30-acre or larger commercial development site with gross building area of at least 200,000 sf, an additional monument sign may be allowed that is up to 450 sf and 60 ft in height. One off- site sign may also be allowed subject to issuance of an Encroachment Permit and/or private property owner approval.
• For a 30-acre or larger commercial site with gross building area of at least 1,000,000 sf, two off- site signs may be allowed subject to issuance of an Encroachment Permit and/or private property owner approval; electronic message signs may be allowed on the monument sign(s); and signs that have the illusion of movement may be allowed for tenants with at least 40,000 sf of leasable floor area.
• Additional monument signs in each of the following Town Center subareas: Beresford Square, Shapell Office Building, Main Town Center shopping area (east of Milpitas Boulevard to Hillview Drive), and hotel and offices east of Berryessa Creek.

8. Post Sign s. Post signs must comply with the standards provided in Table C.8.050-J (Standards for Post Signs).

Table C.8.050-J: Standards for Post Signs
sf = square feet | lf = linear feet
Standards Requirements
Sign Area 1 16 sf
Sign Height Max. 6 ft
Sign Placement Max. 10 ft setback from the property line Number of Signs
Max. 1 per public street frontage; none allowed on the street frontage if a monument sign is located on that street frontage
1 additional sign allowed for lots with more than 300 ft of street frontage Illumination Non-illuminated, internal illumination, or external illumination Other
Requirements
Must be located in a landscape area, consisting of shrubs and/or perennial ground cover plants, that extends min. 3 ft from the base of the sign in all directions and is defined by a vertical curb to protect the sign.

Table Notes:
1 Included in the total allowable sign area for all permanent signs. See Table C.8.050-B (Maximum Total Permanent Sign Area).

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9. Projecting Signs. Projecting signs must comply with the standards provided in Table C.8.050-K (Standards for Projecting Signs).

Table C.8.050-K: Standards for Projecting Signs
sf = square feet | lf = linear feet
Standards Requirements
Sign Area 1 Max. 36 sf
Sign Height Min. 8 ft from the bottom of the sign to the nearest grade or sidewalk, except min. 14 ft above a driveway, alley, or other vehicular access way Sign Placement
Projecting signs shall not be permitted closer than 20 feet from each other May not extend vertically above the second floor window sill; or when there is no second floor, may not extend above the parapet, eaves, or roof line Must be placed so that the sign causes no harm to street trees May project into public right-of-way with approval of an Encroachment Permit Number of Signs Max. 1 per business
Projection May project a max. 5 ft from the wall of a building Illumination Non-illuminated, internal illumination, or external illumination

Table Notes:
1 Included in the total allowable sign area for all permanent signs. See Table C.8.050-B (Maximum Total Permanent Sign Area).

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10. Service Station Island Canopy Signs. Service station island canopy signs must comply with the standards provided in Table C.8.050- L (Standards for Service Station Island Canopy Signs).

Table C.8.050-L: Standards for Service Station Island Canopy Signs sf = square feet | lf = linear feet
Standards Requirements
Sign Area 1 Max. 60 sf for the total area of all signs on the canopy Number of
Signs Signs may only be displayed on max. 3 canopy facades Illumination Non-illuminated or internal illumination.

Table Notes:
1 Included in the total allowable sign area for all permanent signs. See Table C.8.050-B (Maximum Total Permanent Sign Area).

11. Wall Sign s. Wall signs must comply with the standards provided in Table C.8.050- M (Standards for Wall Signs).

Table C.8.050-M: Standards for Wall Signs
sf = square feet | lf = linear feet
Standards Requirements
Sign Area 1 As provided in Table C.8.050-B (Maximum Total Permanent Sign Area) Sign
Placement
The exposed face of a wall sign shall be installed in a plane parallel to the plane of the wall
Sign Depth Max. depth 1 ft measured from the wall on which the sign is placed Illumination Non-illuminated, internal illumination, or external illumination

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Table C.8.050-M: Standards for Wall Signs
sf = square feet | lf = linear feet
Standards Requirements

Table Notes:
1 Included in the total allowable sign area for all permanent signs. See Table C.8.050-B (Maximum Total Permanent Sign Area).

12. Window Signs, Permanent. Permanent window signs must comply with the standards provided in Table C.8.050-N (Standards for Window Signs, Permanent).

Table C.8.050-N: Standards for Window Signs, Permanent
sf = square feet | lf = linear feet
Standards Requirements
Sign Area 1 Window signs shall not exceed 25% of contiguous window area; however, window signs shall not exceed 40% of contiguous window area in the C2 and HS zones.

Sign
Placement
Must be mounted or displayed on the interior of the window Allowed on 1
st, 2nd, and 3rd story windows only
Must be located on a floor that the business is operating (e.g., a business only operating on the first floor may only place a window sign in a first floor window) Illumination Non-illuminated, neon, or single- or two-color LED signs

Table Notes:
1 Not included in the total allowable sign area for all permanent signs.

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C.8.060 Sign Design Standards
Applicability. The standards established in this Section apply to all permanent signs. These standards complement the mandatory sign regulations established in Section C.8.050 (Standards for Permanent Signs). These standards shall be utilized by the Review Authority when considering the appropriateness of the design of a proposed sign as provided in this Chapter.

B. General Sign Design Standards. These general sign design standards will be utilized during the review of any application for a Sign Permit or Sign Program to ensure the highest level of design quality, while at the same time providing the flexibility necessary to encourage creativity o n the part of the sign designer.

1. Use a Brief Massage. Signs must be designed with a brief message because the fewer words used, the more effective the sign. A sign with a brief message is quicker and easier to read, looks cleaner, is more effective in conveying its message, and is more attractive.

2. Avoid Overly Intricate or Unusual Fonts. Simple, easy-to-read fonts must be utilized in signs to enhance their readability. Signs that include very intricate font styles are generally difficult to read and reduce a sign's ability to communicate effectively. Signs with unusual fonts may look good today, but soon go out of style, and the image conveyed may quickly become that of a dated and unfashionable business.

FIGURE C.8.060 -1: EXAMPLES OF SIGNS WITH A BRIEF MESSAGE AND SIMPLE FONT STYLE

3. Emphasize One Line of Text. Signs with more than one line of text must emphasize one line over the others to enhance the message conveyed.

4. Limit the Number of Fonts to Two. The number of fonts used in a sign must be limited because the use of more than two font styles makes the sign harder to read. The primary purpose of a sign is to quickly convey information to motorists and pedestrians.

5. Provide Contrast Between Background and Letters/Symbols. Signs must be designed with high contrast between the sign's letter/symbol color and its background color to be most effective. Signs with little contrast in the hue (shade or tint) and/or intensity (brightness) between the background and letter/symbol colors are difficult to read.

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FIGURE C.8.060 -2: EXAMPLES OF SIGNS WITH A SIMPLE COLOR PALETTE, LIMITED FONTS,

AND GOOD CONTRAST

6. Graphic Relief. Signs must utilize individual lettered business and logo design, or where appropriate, sign copy, logo, and/or decorative embellishments in relief on the face of the sign to enhance readability and project a positive image of the business or use. Signs must be designed to provide three -dimensional relief, i.e., be raised above, or set below the sign background.

FIGURE C.8.060 -3: EXAMPLES OF RAISED LETTERS

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7. Proportion, Scale and Rhythm of Sign Placement. Signs must be sized and placed in a manner consistent with the proportions and scale of building elements within a building's facade:
a. A large sign may fit well on a large, plain wall area, but could overpower the finer scale and proportion of if placed above a small storefront. b. Signs should establish rhythm, scale, and proportion on a facade where these elements are weak in the building design. On buildings with a plain facade, signs should establish or continue appropriate design rhythm, proportion, and scale. c. The proportion of letter area to sign background area must be carefully considered. Letters must not appear to occupy more than 70 percent of the sign's background area. Signs where the letters take up too much of the background area are harder to read. Ge nerally, large letters are not necessarily more legible than smaller ones.

FIGURE C.8.060 -4: EXAMPLES OF SIGNS WITH GOOD PROPORTION, SCALE, AND RHYTHM

8. Complementary Sign Design. Where there is more than one sign for a business (e.g., single tenant buildings) or group of businesses (e.g., multiple tenant buildings, commercial centers, or business or industrial parks), all signs must be designed to ensure consistency of sign design and be complementary to one another in the following ways:
a. Type of construction materials used in the sign body, sign copy, sign base, supports, etc.);
b. Letter size and style of copy;
c. Method and design of sign support (wall mounting or monument base); d. Configuration of sign area; and
e. Proportion of sign copy area to background.

9. Artistry and Innovation. The use of artistry and innovation in sign design will make the sign stand out and draw attention to the use or activity it is advertising. It can also improve the overall appearance of a building or neighborhood.

10. Sign Scale. Signs must be designed and placed relative to the typical position and distance from which the sign is viewed. Signs intended to be read by pedestrians (i.e., usually read

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from a distance of 15 to 20 feet) must be smaller in scale than a vehicle -oriented sign which is designed to be viewed from a much greater distance. In general, the closer the sign's viewing distance, the smaller the sign needs to be.

11. Freestanding Signs. Freestanding signs must incorporate the materials and architectural features used in the building(s) they serve. Freestanding signs are most effective when placed perpendicular to approaching vehicular traffic.

C.8.070 Standards for Portable Signs and Temporary Signs Purpose. The Council finds that the proliferation of portable signs and temporary signs is a distraction to the traveling public and creates aesthetic blight and litter that threatens the public’s health, safety, and welfare. In addition to the purpose provisions of Section C.8.040 (General Standards for All Signs), these regulations ensure that portable signs and temporary signs do not create a distraction to the traveling public by eliminating the aesthetic blight and litter caused by these signs.

B. Allowed Portable Sign and Temporary Sign Types by Zone. Table C.8. 070-A (Allowed Portable Signs and Temporary Sign Types by Zone) establishes which sign types are allowed in each zone category. Refer to Section B.2.020 (Zones Established) for specific zones within each zone category.

Table C.8.070-A: Allowed Portable Sign and Temporary Sign Types by Zone • = permitted | ― = not permitted
Sign Type Residential
Zones
Commercial
Zones
Mixed Use
Zones
Industrial
Zones
Metro
Zones Other Zones
Portable Signs
A-Frame or
Upright Sign • • • • • •
Window
Sign,
Temporary
• • • • • •
Yard Sign,
Type I • • • • • •
Temporary Signs
Balloon Sign ― • • • • ―
Banner Sign ― • • • • •
Yard Sign,
Type II • • • • • •
Yard Sign,
Type III • • • • • •

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Milpitas City CouncilAugust 12, 2025

Milpitas City Council
August 12, 2025