F. Findings. The Director may approve a Temporary Sign Permit, with or without conditions of approval, only after finding the Temporary Sign Permit to be consistent with Chapter C.8 (Signs), this Title, and any Specific Plan, if applicable.
G. Decision; Appeals; Expiration, Extensions, and Revisions.
1. Decision. The Review Authority’s decision shall be in compliance with Subsection D.2.040.H (Findings and Decision).
2. Appeals. The Review Authority’s decision may be appealed as provided in Section D.2.040.N (Appeals).
3. Duration and Revisions. Temporary Sign Permits may be displayed for the length of time provided in Section C.8.070 (Standards for Portable Signs and Temporary Signs). and may only be revised as provided in Subsection D.2.040.M (Revisions to an Approved Project).
D.4.100 Home Occupation Permits
A. Purpose. The purpose of the Home Occupation Permit is to allow for the conduct of businesses within places of residence and to prescribe the conditions under which limited nonresidential activities may be conducted when incidental to residential activities.
B. Applicability. Section C.10.120 (Home Occupations) identifies requirements for uses and activities that are allowed and require a Home Occupation Permit.
C. Application Requirements. A Home Occupation Permit application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Section.
D. Authority. As identified in Table D.2.030- A (Review Authorities), the Director is the Review Authority for Home Occupation Permits subject to Subsection D.2.040.B.3 (Multiple Applications) and Subsection D.2.040.N (Appeals).
E. Approval Procedures.
1. Director Review. After a proposed Home Occupation Permit application has been deemed complete, the Director shall review the Home Occupation Permit application to determine whether it conforms with the provisions of this Title in accordance with Chapter D.2 (Procedures).
2. Director Decision. The Director shall approve or deny the application in compliance with the findings provided in Subsection D.4.100.F (Findings).
F. Findings. The Director shall approve a Home Occupation Permit , with or without conditions of approval, if it is determined that the proposed home occupation would:
1. Be consistent with the General Plan and any Specific Plan, if applicable;
2. Be consistent with the standards of this Title for the subject zone;
3. Be consistent with the home occupation criteria and standards of Section C.10.120 (Home Occupations); and
4. Be consistent with all other applicable provisions of the Milpitas M unicipal Code and applicable laws.
G. Decision; Appeals; Expiration, Extensions, and Revisions.
1. Decision. The Review Authority’s decision shall be in compliance with Subsection D.2.040.H (Findings and Decision).
2. Appeals. The Review Authority’s decision may be appealed as provided in Section D.2.040.N (Appeals).
3. Expiration, Extensions, and R evisions. Home Occupation Permits are subject to expiration as provided in Subsection D.2.040.K (Expiration of Permits) and may only be extended or revised as provided in Subsection D.2.040.L (Extension of Time) and Subsection D.2.040.M (Revisions to an Approved Project).
D.4.110 Reasonable Accommodation
A. Purpose. This Subsection establishes the procedures to request Reasonable Accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (“the Acts”) in the application of zoning law and other land use regulations, policies, procedures, and conditions of approval. A Reasonable Accommodation is typically an adjustment to physical design standards to accommodate the placement of wheelchair ramps or other exterior modifications to a dwelling in response to the needs of a disabled resident.
B. Applicability.
1. Eligible Applicants. A request for Reasonable Accommodation may be made by any person with a disability, their representative, or any other entity, when the application of this Title or other land use regulations, policy, or procedure acts as a barrier to fair housing opportunities.
2. Definitions. A person with a disability is a person who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment as further defined under 42 U.S.C. section 12102, commonly known as the Americans with Disabilities Act , and under applicable state law.
3. Eligible Request. A request for Reasonable Accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.
C. Application Requirements. A Reasonable Accommodation application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Section.
D. Authority. As identified in Table D.2.030- A (Review Authorities), the Director is the Review Authority for Reasonable Accommodation applications subject to S ubsection D.2.040.B.3 (Multiple Applications) and Subsection D.2.040.N (Appeals).
E. Approval Procedures.
1. Director Review. After a proposed Reasonable Accommodation application has been deemed complete, the Director shall review the Reasonable Accommodation application to determine whether it conforms with the provisions of this Title in accordance with Chapter D.2 (Procedures).
2. Director Decision. The Director shall make a written determination within 45 days of the application being deemed complete and either approve, modify, or deny a request for Reasonable Accommodation in compliance with Subsection D.4.110.F (Findings).
F. Findings. The Review Authority may approve, approve with conditions, or deny the request for Reasonable Accommodation based on the following findings:
1. The housing, which is the subject of the request, will be used by an individual defined as disabled under the Acts;
2. The Reasonable Accommodation is necessary to make specific housing available to an individual with a disability;
3. The Reasonable Accommodation would not impose an undue financial or administrative burden on the City;
4. The Reasonable Accommodation would not require a fundamental alteration in the nature of a City program or law; and
5. There are no alternatives to the requested waiver or exception that could provide an equivalent level of benefits to the applicant without the requested accommodation or with a lesser deviation from standards.
G. Decision; Appeals; Expiration, Extensions, and Revisions.
1. Decision. The Review Authority’s decision shall be in compliance with Subsection D.2.040.H (Findings and Decision).
2. Appeals. The Review Authority’s decision may be appealed as provided in Section D.2.040.N (Appeals).
3. Expiration, Extensions, and Revisions.
a. Reasonable Accommodations are subject to expiration as provided in Subsection D.2.040.K (Expiration of Permits ); however, a Reasonable A ccommodation granted shall terminate if the recipient of the accommodation requested no longer resides on the property.
b. Reasonable Accommodations may only be extended or revised as provided in Subsection D.2.040.L (Extension of Time) and Subsection D.2.040.M (Revisions to an Approved Project).
D.4.120 Special Event Permit
A. Purpose. This Subsection establishes the procedures for the granting of Special Event Permits for special events with appropriate regulations to ensure that special event s will not cause any detrimental effects to surrounding properties and the community.
B. Definitions. Terms used in this Section are defined Chapter E.2 (Definitions of Terms).
C. Applicability.
1. General. A Special Event Permit is required for special events on private property and public streets, sidewalks, alleys, and ways; City parks; public places; and public rights-of- way consistent with this Subsection. No special event may be conducted without a Special Event Permit or other authorization from the City (e.g., lease or contract terms) unless otherwise allowed by this Title or exempt from a Special Event Permit. Certain recurring events require a Conditional Use Permit consistent with Subsection D.4.120.F.1.a (Recurring special events).
2. Special Event Permit Thresholds. Special events shall be identified in accordance with the following thresholds:
a. Minor events.
(i) Fewer than 250 participants or attendees;
(ii) Takes place on a single day; and
(iii) No street closures or amplified sound.
b. Regular events.
(i) Between 250 and 1,000 participants or attendees;
(ii) Between one and four consecutive days (including set up and tear down);
(iii) With or without amplified sound; and
(iv) Block parties on a residential street (see Milpitas Municipal Code V-100-
13.05).
c. Major events.
(i) More than 1,000 participants or attendees anticipated; (ii) Between four and seven consecutive days , i ncluding set up and tear down (permits for events exceeding seven days may be granted at the Director's discretion);
(iii) With or without amplified sound; and
(iv) Requires street closures (other than block parties on a residential street).
d. Recurring events.
(i) Recurring special events (up to four events per calendar year). Applicant may request a one -time review and issuance of a Special Event Permit for events which occur up to four times per calendar year for a permissible duration of four consecutive days for each recurring event ; and
(ii) Annual events. Applicant may request a Special Event Permit good for up to three years for special events that will be held annually, for up to three consecutive years in the same location. The a pplicant must
demonstrate that the same event location, layout, date and times are adhered to for each event.
3. Exemptions from Special Event Permit. The following activities are exempt from obtaining a Special Event Permit:
a. Activities on a street conducted by a governmental agency acting within the scope of its authorized functions.
b. A simple assembly gathering of people at a park , plaza, or paseo that is open to the public, provided that it meets the following requirements:
(i) The gathering does not meet the definition of a Minor, Regular, or Major special event as described in Subsection D. 4.120.C.2 (Special Event Permit Thresholds;
(ii) It involves fewer than 150 participants;
(iii) It does not involve the placement or use of equipment or temporary structures;
(iv) No Fire, Engineering, or Building permits are required; (v) It does not include amplified sound; and
(vi) It remains in compliance with all applicable regulations, including but not limited to the capacity limits of the applicable area of the park, plaza, or paseo.
(vii) Park rental for the purpose of a private party that is not open to the general public.
(viii) Private gatherings and parties typically held at a private residence or Community Assembly facility that do not involve amplified sound, are not incompatible with the generally intended use of the property , and have little to no impact on the neighborhood or community.
(ix) First Amendment events located in public spaces, including public parks, plazas, and sidewalks.
(x) The annual National Night Out event sponsored by the Milpitas Police Department.
D. Application Requirements.
1. General. A Special Event Permit application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Section.
2. Filing Times.
a. A complete application shall be filed not less than 70 business days before the proposed date of the special event except as provided below:
(i) For an event that requires a street closure on more than one public street, requires significant detouring which affects significant number or businesses or residences, or requires an encroachment permit from Caltrans, a Special Event Permit shall be filed not less than 180 business days before the proposed date of the special event.
(ii) For non-exempt First Amendment events, processions , or parades (i.e., that are not exempt under Subsection D.4.120.C.3 (Exemptions from Special Event Permit)) that do not involve street closures, vehicles, floats, or use of equipment other than hand-held equipment, an application for a Special Event Permit shall be filed not less than 14 business days before the proposed date of the special event.
b. Permit applications that do not comply with the filing times in this Subsection may be subject to additional fees arising as a direct result of the late submission.
The Director shall have the authority to consider, approve, or deny any application for a Special Event Permit which is not filed according to the filing times in this Subsection.
3. Fees. The City may, at the City Manager’s discretion, waive the Special Event Permit fee when a non-exempt First Amendment event is proposed, and the applicant cannot afford to pay the Special Event Permit fee as documented by the applicant at the time of the Special Event Permit application.
4. Other Required Permits. An applicant for a Special Event Permit is responsible for obtaining all other City and County permits required for the proposed event.
E. Authority. As identified in Table D.2.030- A (Review Authorities), the Director is the Review Authority for Special Events Permits subject to Subsection D.2.040.B.3 (Multiple Applications) and Subsection D.2.040.N (Appeals).
F. Approval Procedure.
1. Director Review. After a proposed Special Event Permit application has been deemed complete, the Director shall review the Special Event Permit application to determine whether it conforms with the provisions of this Title in accordance with Chapter D.2 (Procedures).
a. Recurring special events. A one-time review Special Event Permit may be issued for recurring special events provided there would be no more than four events per calendar year and each event is no more than four consecutive days. Events occurring more than four times in the same location may be allowed subject to a Conditional Use Permit.
b. Annual events. A Special Event Permit may be issued for up to three years for special events that will be held annually for up to three consecutive years in the same location.
2. Review and Decision. Special Event Permits that are deemed complete shall be issued on a first-come, first-served basis. The Director shall approve, conditionally approve, or deny a Special Event Permit.
3. Director Decision.
a. The Director shall approve or deny the application in compliance with the findings provided in Subsection D.4.120.J (Findings) and this Subsection. b. In determining whether to approve a Special Event Permit application, no consideration may be given to the message of the event, the content of the speech, the identity or associational relationships of the applicant or its members
or affiliates, or to any assumptions or predictions as to the amount of support or hostility which may be aroused in the public by the content of the speech or the message conveyed during the event.
G. Standards and Requirements for Special Events.
1. Duration. The maximum duration of a single special event is seven consecutive calendar days (including set up and tear down), with a minimum of 14 calendar days between different events held at the same site).
2. Noise and Amplified Sound. Special events shall be conducted in compliance with the City’s Noise Ordinance (Milpitas Municipal Code Chapter V -213 (Noise Abatement)) and the terms of an Amplified Sound Permit issued by the Police Department, if applicable.
H. Conditions.
1. Any conditions of approval must be reasonable requirements concerning the time, place, or manner of holding the special event as is necessary to coordinate multiple uses of public property; assure preservation of public property and public spaces; prevent dangerous, unlawful, or prohibited uses; prevent excessive noise or other nuisances, especially in residential areas; ensure the availability of sufficient City personnel as needed; protect the safety of persons and property; and to control vehicular and pedestrian traffic in and around the venue; provided that such requirements shall not be imposed in a manner that will unreasonably restrict expressive or other activity protected by the California or United States Constitutions.
2. As a condition of the Special Event Permit, the permittee shall provide the Director with proof of insurance no later than 15 days prior to the special event, and the insurance shall remain in full force and effect throughout the term of the special event; however, this is not required for the following:
a. Any special event where the requirement for insurance is prohibited by law; or b. Non-exempt First Amendment events that do not present any objective, substantial risk, hazard, or danger to the public health and safety, as identified by the City Manager, who shall consider the reasonably foreseeable consequences of the event. Applicants seeking approval of non-exempt First Amendment events which, due to their design or schedule, do present an objective, substantial risk, hazard, or danger to the public health or safety, must comply with the insurance requirements and enter into a hold ha rmless agreement consistent with Subsection D.4.120.I (Indemnification and Hold Harmless).
I. Indemnification and Hold Harmless. The Special Event Permit permittee must agree in writing to indemnify and hold the City, its officers, agents and employees, harmless from and against any and all liability and losses incurred from the conduct of permittee or its officers, employees, and agents, except this shall not apply to First Amendment events unless the non -exempt First Amendment event permittee has elected to provide the indemnification in lieu of providing the insurance required by Subsection D.4.120.H (Conditions).
J. Findings. The Director may approve the Special Event Permit, with or without conditions of approval consistent with Subsection D.4.120.H (Conditions), only after finding that:
1. The proposed use of the property is not governed by or subject to any other permit procedures provided elsewhere in this Title or other applicable laws, rules, or regulations
which have not been completed at the time the Special Event Permit application is submitted;
2. With sufficient traffic controls and conditions, the special event will not create a threat to public safety;
3. In order to protect the health and safety of the public, the special event will not conflict with construction in the public right-of-way or at a public facility;
4. The special event will not require the diversion of public safety or other City employees from their normal duties so as to unreasonably reduce adequate levels of service to any other portion of the City;
5. The concentration of persons, animals or vehicles will not unreasonably interfere with the movement of police, fire, ambulance, and other public safety or emergency vehicles on the streets;
6. The special event will not unreasonably interfere with any other special event for which a permit has already been granted or with the provision of City services in support of other scheduled events or scheduled government functions;
7. The proposed use, event or activity will not have a significant adverse environmental impact;
8. The proposed use, event or activity does not present a substantial or unwarranted safety, noise, or traffic hazard;
9. The proposed special event will be consistent with the regulations established for each potential venue with regard to size, type of activity, available time period, and frequency of events; and
10. For parades, the parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays enroute in order to limit the impacts on the flow of traffic through the City.
K. Decision and Appeals.
1. Decision. The Director’s decision shall be in compliance with this Subsection and Subsection D.2.040.H (Findings and Decision).
2. Appeals. The Director’s decision may be appealed as provided in Section D.2.040.N (Appeals), with the following exceptions:
a. A written request for a hearing to appeal the Director’s decision on a Special Event Permit must be received no later than 10 calendar days after the date of the decision.
b. If the decision to deny, revoke, or impose conditions on a Special Event Permit is issued five or fewer business days prior to the proposed event, notice of the decision provided to the applicant or permittee must include the time, date, and location of the appeal hearing.
c. Notwithstanding the above provisions, if a decision to deny or revoke a Special Event Permit issued for a non-exempt First Amendment event is less than 30 calendar days from the date of the proposed event, any appeal shall proceed immediately to a court of competent jurisdiction. The decision shall become final
unless a written request for hearing is received within the time limits set forth in this Subsection.
L. Denial and Revocation.
1. Denial and General Revocation. The Director shall deny or revoke a Special Event Permit if the Director finds any of the following:
a. Fraud, misrepresentation or any false statement contained in the application for a Special Event Permit, including without limitation, in carrying out the special event in a way not consistent with the application;
b. Failure to comply with the provisions of this Subsection D. 4.120 (Special Event Permits), including applicable permit filing time;
c. Failure to comply with the conditions of the Special Event Permit, including without limitation, failure to timely pay applicable fees and City charges, provide indemnification or insurance certificate or security deposit within the times required, or failure to comply with all other permit requirements, licensing requirements, or regulations required to conduct the activities described as part of the special event in the permit application or any amendment to the application;
d. The special event venue or any substantial portion of the venue is not available due to fire, casualty, act of God, emergency maintenance activity or public emergency;
e. The proposed event will conflict with a previously scheduled event organized by the City for use of the special event venue, or with a special event or other permitted use previously approved to be held at the special event venue; f. The proposed event, as designed, will unreasonably impede, obstruct, impair, or interfere with reasonable access to adjacent properties and the applicant will not agree to redesign the proposed event so as to allow reasonable access to the adjacent properties;
g. The special event venue, including but not limited to the proposed areas for assembly or disbanding of parades, cannot physically accommodate the number of participants expected to participate and/or the items necessary or proposed to support the event;
h. The proposed activity or event will violate a federal, state, or local law or regulation; or
i. One or more of the findings specified in Subsection D.4.120.J (Findings) is not met.
2. Immediate Revocation.
a. Any Special Event Permit may be revoked on the day of the special event without prior written notice and without a hearing, if the Council, the City Manager, the Director, the Fire Marshal, or the Chief of Police determines that:
(i) Revocation is in the interest of the immediate public health or safety because of fire, casualty, act of God, or a public emergency; or
(ii) The permittee is in violation of the provisions of this Subsection or the terms of the Special Event Permit.
b. The grounds for revocation shall be communicated at the time notice is provided.
The permittee, immediately upon receipt of the notification that the Special Event Permit has been revoked, shall cease the activity and shall commence restoring the special event venue to its condition prior to the activity.
M. Other Post Approval Procedures.
1. Final Special Event Permit Approval.
a. If the Director has issued a Conditional Special Event Permit, the permittee shall submit the final event plans and demonstrate all permit conditions have been satisfied at least 10 business days prior to the event. If the permittee does not submit verific ation that the permit conditions have been met within the applicable deadline specified in this Subsection, the Special Event Permit will be deemed revoked.
b. At the discretion of the Director an extension of the deadline for submission of final event plans or verification of permit conditions may be granted.
2. Amendment of an Approved Special Event Permit.
a. If a permittee desires to change the location, time, or duration or other significant aspect of the description of an event subject to a Special Event Permit, the permittee shall apply for an amendment to the Special Event Permit. b. A Special Event Permit amendment application must be filed with the Director no later than 15 business days in advance of the special event. c. The Director shall grant, deny, or approve with conditions, the Special Event Permit amendment no later than seven business days of receipt of the amendment application.
d. The provisions in Subsection D.4.150.K (Decision and Appeals) apply to all applications for Special Event Permit amendments.
3. A copy of the Special Event Permit shall be presented to any City official upon request.
4. It shall be unlawful for a person to place any booth, table, chair, stool, structure, vehicle, or piece of equipment in any area for which a Special Event Permit has been issued, without the consent of the permittee, unless the person is acting under the direction and control of the City.
5. Upon conclusion of a special event, the City shall send an invoice to the permittee for all fees and charges still due to the City, for the cost of services provided by City departments and for the cost to the City of any cleaning and/or repairs to the special event venue made necessary by the permittee's use. The permittee shall be responsible for the actual costs of cleaning and repairs made necessary by the permittee's use of the special event venue.
D.4.130 Short-Term Rental Permit
The procedures for Short-Term Rental Permits are described in Section C.10.200 (Short-Term Rentals).
Chapter D.6 Zoning Ordinance and Zoning Map Amendments
Sections:
D.6.010 Purpose
D.6.020 Applicability
D.6.030 Application Requirements
D.6.040 Procedures
D.6.050 Findings
D.6.060 Expiration of Application and Time Extension
D.6.070 Effective Date
D.6.010 Purpose
This Chapter establishes procedures to amend the Zoning Map, commonly referred to as a “rezone” or “rezoning”, and to amend the text of this Title in accordance with California Government Code section 65853 et seq.
D.6.020 Applicability
A. Initiation. A Zoning Map amendment or Zoning Ordinance text amendment (Zoning Amendment) may be initiated by at least one of the following:
1. Council. A majority vote of the Council;
2. Planning Commission. A majority vote of the Planning Commission;
3. Property Owner. An application from the property owner or authorized agent of the property who seeks to have their parcel rezoned. If the property is under more than one ownership, all owners or the authorized agents shall join in filing the application; or
4. Majority of Owners of Area. The owners of 50 percent or more of the area of all the property sought to be rezoned.
B. General Plan Amendment Required. Amendments to zone boundaries or the text of this Title that are not consistent with the General Plan must be accompanied by a General Plan Amendment application in accordance with Chapter D.8 (General Plan Amendments).
C. Urgency Measure. Without following the procedures otherwise required prior to the adoption of new zoning regulations , the Council may adopt an I nterim Zoning O rdinance as an urgency measure in compliance with California Government Code section 65858, in which case the standards of this Chapter shall not apply. The Interim Zoning Ordinance shall require a four-fifths vote of the Council for adoption.
D.6.030 Application Requirements
A. Filing. A Zoning Amendment application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures), and this Chapter.
B. Responsibility. It is the responsibility of the applicant to provide the necessary information in support of the findings required by Section D.6.050 (Findings).
D.6.040 Procedures
A. Director Evaluation. After a proposed Zoning Amendment has been filed with the Department, the Director shall review the Zoning Amendment to determine whether it conforms with the provisions of this Chapter in accordance with Subsection D.2.040.D (Review of Planning Applications).
B. Public Hearings.
1. Planning Commission Hearing. The Planning Commission shall conduct a public hearing on the Zoning Amendment consistent with S ubsection D.2.040.G (Public Hearings) and shall forward a recommendation to the Council.
2. Council Hearing.
a. Council shall conduct a public hearing on the Zoning Amendment consistent with Subsection D.2.040.G (Public Hearings).
b. The Council’s action to approve the Zoning Amendment shall be by ordinance.
D.6.050 Findings
A Zoning Amendment may be approved only after all of the following findings are made, as applicable to the type of Zoning Amendment:
A. Findings for All Zoning Amendments.
1. The proposed Zoning Amendment is consistent with and conforms to the goals and policies of the General Plan;
2. The proposed Zoning Amendment is consistent with and conforms to the goals and policies of any Specific Plan, if applicable;
3. The proposed Zoning Amendment will not be detr imental to the public interest, health, safety, convenience, and general welfare;
4. The proposed Zoning A mendment is in compliance with the provisions of California Environmental Quality Act;
5. When considering a reduction of residential density, ensure compliance with California Government Code section 65863 by either finding that the remaining sites identified in the Housing Element are adequate to accommodate the City’s share of the regional housing need or by identifying sufficient additional, adequate, and available sites with an equal or greater density so that there is no net loss in residential density; and
6. The proposed Zoning Amendment would not result in a net loss of potential housing units.
B. Additional Findings.
1. Zoning Ordinance Text Amendments. The proposed Zoning A mendment is internally consistent with other applicable provisions of this Title.
2. Zoning Map Amendments.
a. The affected site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire, medical, etc.) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, etc.), to accommodate the uses and development densities or intensities allowed in the proposed new zone; and
b. If located within or adjacent to residential areas, the requested zone change is compatible with the character of the residential neighborhood.
D.6.060 Expiration of Application and Time Extension
If an ordinance intended to change the zoning designation of land through a Zoning Amendment as provided in this Chapter is not adopted by a second reading within one year of the date of its introduction by a first reading, then the Zoning Amendment application shall be d eemed to have expired (without notice to the applicant). The unadopted ordinance shall not then be capable of adoption by a second reading except as follows:
A. Upon recommendation of the Planning Commission, the Council may grant an extension of time for the second reading and adoption not to exceed one year subject to all of the following:
1. No more than one extension for the Zoning Amendment may be granted;
2. The extension must be granted by the Council within one year of the date of introduction of the original ordinance; and
3. The Council may impose new conditions of approval upon the Zoning Amendment.
B. The provisions of this Section shall not be construed to prevent a subsequent application for a Zoning Amendment on the same land or the subsequent introduction of a new ordinance for a Zoning Amendment to change the zone designation of the land.
D.6.070 Effective Date
A Zoning Amendment shall become effective 30 days following the date the Council adopts the ordinance.
Chapter D.8 General Plan Amendments
Sections:
D.8.010 Purpose
D.8.020 Applicability
D.8.030 Application Requirements
D.8.040 Procedures
D.8.050 Findings
D.8.060 Adoption of General Plan Amendment
D.8.010 Purpose
The purpose of this Chapter is to establish the procedures required for the adoption or amendment of the General Plan, including the General Plan land use map.
D.8.020 Applicability
A General Plan Amendment may be initiated in the same manner as a Zoning Amendment , see Section D.6.020 (Applicability).
D.8.030 Application Requirements
A General Plan Amendment application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures), and the requirements of this Chapter.
D.8.040 Procedures
A. Director Evaluation. After a proposed General Plan Amendment has been filed with the Department, the Director shall review the General Plan Amendment to determine whether it conforms with the provisions of this Chapter in accordance with Section D.2.040.D (Review of Planning Applications).
B. Public Hearings.
1. Planning Commission Hearing. The Planning Commission shall conduct a public hearing on the General Plan Amendment consistent with Section D.2.040.G (Public Hearings) and shall forward a recommendation to the Council.
2. Council Hearing.
a. Council shall conduct a public hearing on the General Plan Amendment consistent with Section D.2.040.G (Public Hearings).
b. Modifications by Council.
(i) The Council may modify any General Plan Amendment recommended by the Planning Commission by making non -substantive changes
without first referring the matter to the Planning Commission for a report and recommendation. However, any substantive change proposed by the Council that was not discussed by the Planning Commission shall be referred back to the Commission recommendation consistent with California Government Code section 65356 for a report and recommendation.
(ii) When the Council has referred a matter back to the Planning Commission, it shall report back to the Council within 45 days after the date of the Council referral unless the Council specifically allows for a longer period of time for the Planning Commission report and recommendation. Where action cannot be taken within 45 days by the Planning Commission, a longer period of time may be requested and the Council may at its discretion grant the request. Although no additional public hearing shall be required, t he Planning Commission may at its discretion hold a public hearing prior to a report and recommendation on any matter referred to it by the Council.
c. The Council’s action to approve the General Plan Amendment shall be by resolution.
D.8.050 Findings
A General Plan Amendment may be approved only after all of the following findings are made:
A. The proposed General Plan Amendment is internally consistent with all other provisions of the General Plan;
B. Approval of the proposed General Plan Amendment would not result in the General Plan being amended more frequently than four times per calendar year consistent with California Government Code section 65358.
C. The proposed General Plan Amendment serves the public necessity, convenience , and general welfare;
D. The proposed General Plan A mendment is in compliance with California Environmental Quality Act requirements;
E. When considering a reduction of residential density, the proposed General Plan Amendment is in compliance with California Government Code section 65863 either based on a finding that the remaining sites identified in the Housing Element are adequate to accommodate the City’s share of the regional housing need or based on identifying sufficient additional, adequate, and available sites with an equal or greater density so that there is no net loss in residential density; and F. The proposed General Plan Amendment would not result in a net loss of potential housing units.
D.8.060 Adoption of General Plan Amendment
A. A General Plan Amendment shall be adopted by resolution of the Council, in compliance with California Government Code section 65453, only after all of the findings contained in Section D.8.050 (Findings) are made. A General Plan Amendment shall be adopted by an affirmative vote of a majority of the total membership of the Council.
B. The Council’s action to amend the General Plan shall become effective on the actual date the Council renders the decision.
Chapter D.10 Specific Plans
Sections:
D.10.010 Purpose
D.10.020 Applicability
D.10.030 Application Requirements
D.10.040 Procedures
D.10.050 Findings
D.10.060 Adoption of Specific Plan
D.10.070 Implementation and Amendments
D.10.010 Purpose
This Chapter establishes the procedures for the preparation, processing, and adoption of Specific Plans in accordance with California Government Code section 65450 et seq.
D.10.020 Applicability
A. When Required. When required by the Council, the General Plan, or this Title to systematically implement the General Plan for any part of the city, a Specific Plan shall be prepared, processed, approved, and implemented in compliance with this Chapter.
B. Initiation. An application for a Specific Plan may be initiated in the same manner as a Zoning Amendment, see Section D.6.020 (Applicability).
C. Effect of Specific Plan. The regulations provided by an adopted Specific Plan shall replace those of the current or underlying zone or zones , and the development standards and /or design standards or guidelines identified in the Specific Plan shall take precedence over the general standards included in this Title and any adopted design standards or guidelines.
D.10.030 Application Requirements
A. Filing. A Specific Plan application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Chapter.
B. Required Information. An application for a Specific Plan shall be accompanied by the information and materials required in the City’s application form. At a minimum, a Specific Plan application shall include:
1. Proposed Land Uses. The distribution, location, and extent of land uses proposed within the area covered by the Specific Plan, including open space areas;
2. Infrastructure. The proposed distribution, location, extent, and intensity of major components of public and private circulation/ transportation, sewage, water, drainage, solid waste disposal, energy, utilities, and other essential facilities to be located within the Specific Plan area and needed to support the proposed land uses;
3. Land Use and Development Standards. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable;
4. Implementation Measures. A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the proposed land uses, infrastructure, and development and conservation standards and criteria; and
5. Relationship to General Plan. A statement of the relationship of the S pecific Plan to the General Plan.
D.10.040 Procedures
A. General. A Specific Plan application shall be processed in the same manner as required for General Plans by Government Code section 65350 et seq., and consistent with this Chapter.
B. Director Evaluation. After a proposed Specific Plan application has been filed with the Department, the Director shall review the Specific Plan to determine whether it conforms with the provisions of this Chapter in accordance w ith S ubsection D.2.040.D (Review of Planning Applications).
C. Public Hearings.
1. Planning Commission Hearing. The Planning Commission shall conduct a public hearing on the Specific Plan consistent with Section D.2.040.G (Public Hearings) and shall forward a recommendation to the Council.
2. Council Hearing. Council shall conduct a public hearing on the Specific Plan consistent with Section D.2.040.G (Public Hearings).
D.10.050 Findings
The Council may adopt a Specific Plan, with or without conditions, only after all of the following findings are made:
A. That the Specific Plan is consistent with the General Plan and other adopted goals and policies of the City;
B. The proposed Specific Plan is in compliance with California Environmental Quality Act requirements;
C. When considering a reduction of residential density, ensure compliance with California Government Code section 65863 by either finding that the remaining sites identified in the Housing Element are adequate to accommodate the City’s share of the regional housing need or by identifying sufficient additional, adequate, and available sites with an equal or greater density so that there is no net loss in residential density; and D. The proposed Specific Plan would not result in a net loss of potential housing units.
D.10.060 Adoption of Specific Plan
A Specific Plan shall be adopted by resolution of the Council, in compliance with California Government Code section 65453, only after all of the findings contained in Section D.10.050 (Findings) are made. A Specific Plan shall be adopted by an affirmative vote of a majority of the total membership of the Council.
D.10.070 Implementation and Amendments
A. Development within a Specific Plan Area. After the adoption of a Specific Plan, subsequent projects to implement the Specific Plan may be approved or adopted within an area covered by the Specific Plan only if first found to be consistent with the Specific Plan, including public works projects or development approvals (e.g., Tentative Map, Conditional Use Permit , Site Development Permit, etc.).
B. Specific Plan Fee. The Council may impose a Specific Plan fee surcharge on development permits within the Specific Plan area, in compliance with California Government Code section 65456.
C. Amendments.
1. An adopted Specific Plan may be amended through the same procedure specified by this Chapter for the adoption of a Specific Plan.
2. An adopted Specific Plan may be amended as often as deemed necessary by the Council, in compliance with California Government Code section 65453.
Chapter D.12 Planned Unit Development
Sections:
D.12.010 Purpose
D.12.020 Applicability
D.12.030 Application Requirements
D.12.040 Procedures
D.12.050 Findings
D.12.060 Planned Unit Development Implementation
D.12.010 Purpose
The purpose of Planned Unit Developments is to provide for one or more properties to be developed under a plan that provides for better coordinated development and incorporates development standards crafted to respond to site conditions to:
A. Provide flexibility by allowing diversification in regulations such as building relationships, setbacks, height limitations, lot sizes, parking, and the amount and location of open space; B. Ensure substantial compliance with and implement the land use and density policies of the General Plan and any applicable Specific Plan; and
C. Allow for creative development projects that incorporate design features that are more sensitive to site conditions and provide greater amenities than would likely result from conventionally - planned development.
This Chapter establishes the procedures for the review and processing of an application for a Planned Unit Development.
D.12.020 Applicability
A. A minimum area of a Planned Unit Development shall be one acre; however, a Planned Unit Development may be adopted for an area of less than one contiguous acre upon a finding that the property is suitable as a Planned Unit Development by virtue of its relationship to adjacent parcels and their development plans (existing or proposed) or unique characteristics of the site.
B. Planned Unit Developments shall not be allowed within the Milpitas Metro Specific Plan or Midtown Specific Plan areas.
C. Development standards that are proposed to deviate from the conventional zone regulations shall be prescribed in the Planned Unit Development. Where a Planned Unit Development is silent regarding particular development standards, the development standards of the applicable base zone shall apply.
D.12.030 Application Requirements
A. Filing. A Planned Unit Development application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures), and this Chapter.
B. Required Information. An application for a Planned Unit Development shall be accompanied by the information and materials required in the City’s application form . At a minimum, a Planned Unit Development application shall include:
1. Proposed land uses, building locations and square footage, density, and floor area ratios;
2. Proposed parks, open spaces, landscape areas, and public art;
3. Proposed pedestrian, bicycle, and vehicular circulation;
4. General Plan and zoning consistency analysis;
5. An identification of deviations requested from applicable base zone development standards and requirements;
6. An explanation or demonstration of why the requested deviation(s) would result in a more desirable development than would otherwise be permitted under the applicable base zone standards; and
7. Any significant public benefit(s) the project would provide to the community.
D.12.040 Procedures
A. Director Evaluation. After a proposed Planned Unit Development has been filed with the Department, the Director shall review the Planned Unit Development to determine whether it conforms with the provisions of this Chapter in accordance with Section D.2.040.D (Review of Planning Applications).
B. Public Hearings.
1. Planning Commission Hearing. The Planning Commission shall conduct a public hearing on the Planned Unit Development consistent with Section D.2.040.G (Public Hearings) and shall forward a recommendation to the Council.
2. Council Hearing. Council shall conduct a public hearing on the Planned Unit Development consistent with Section D.2.040.G (Public Hearings).
D.12.050 Findings
An application for a Planned Unit Development may be approved, with or without conditions, only after all the following findings are made:
A. The proposed Planned Unit Development is consistent with and conforms to the goals and policies of the General Plan;
B. The proposed Planned Unit Development will not be detrimental to the public interest, health, safety, convenience, and general welfare;
C. The proposed Planned Unit Development is in compliance with the provisions of California Environmental Quality Act;
D. When considering a reduction of residential density, ensure compliance with California Government Code section 65863 by either finding that the remaining sites identified in the Housing Element are adequate to accommodate the City’s share of the regional housing need or by identifying sufficient additional, adequate, and available sites with an equal or greater density so that there is no net loss in residential density;
E. The proposed Planned Unit Development would not result in a net loss of potential housing units; F. The affected site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire, medical, etc.) access and public services and utilities (e.g., fire protection, po lice protection, potable water, schools, solid waste collection and disposal, etc.) to accommodate the type, scale, and intensity of proposed development;
G. If located within or adjacent to residential areas, the requested changes to base zone regulations are compatible with the character of the residential neighborhood; H. All new development standards for the proposed project that deviate from the base zoning standards are warranted by the design and amenities incorporated into the project; and I. The proposed project is demonstratively superior to the development that could occur under the standards applicable to the underlying base zone(s) and will provide superior community design, environmental preservation, and/or substantial public benefit to the community.
D.12.060 Planned Unit Development Implementation
A. After a Planned Unit Development has been a dopted by the Council, the Planned Unit Development shall be noted on the Zoning Map.
B. Plans for a project in a Planned Unit Development must be consistent with the approved Planned Unit Development plan and any conditions of approval.
Chapter D.14 Development Agreements
Sections:
D.14.010 Purpose
D.14.020 Applicability
D.14.030 Application Requirements
D.14.040 Procedures
D.14.050 Findings
D.14.060 Execution and Recordation
D.14.070 Annual Review
D.14.080 Amendment, Modification, or Termination of an Approved Development Agreement D.14.090 Effect of Development Agreement
D.14.010 Purpose
This Chapter establish es procedures for the review of Development Agreements, in compliance with California Government Code section 65864 et seq. A Development Agreement is a mutually agreed upon contract between an applicant and the City that provides benefit to both parties. Through a Development Agreement, the City can receive greater community benefits that it could otherwise achieve under this Title, the Milpitas Municipal Code, and state law.
D.14.020 Applicability
Only an applicant who has a legal or equitable interest in the real property which is the subject of the Development Agreement, as determined in the sole discretion of the Director, may file an application to enter into a Development Agreement with the City.
D.14.030 Application Requirements
A. Filing. A Development Agreement application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Chapter.
B. Required Information.
1. All lawfully required documents, information, and materials shall accompany the application. The Director may require an applicant to submit additional information and supporting data as is necessary to evaluate and process the application.
2. An application for a Development Agreement shall be accompanied by maps, plans, reports, development and performance standards, schematic drawings, or other documents deemed necessary by the Director to sufficiently detail or illustrate intended or permitted uses and their location on the property, the density or intensity of use, and the maximum size and height of structures as appropriate to evaluate the application request. This information may be included in a Specific Plan or other type of application.
C. Form of Agreement. Each application shall be accompanied by the form of Development Agreement acceptable to the City Attorney. All documents required, including the agreement and any attachments and exhibits, shall be suitable for recordation as determined by the City.
D.14.040 Procedures
A. Director Evaluation. After a proposed Development Agreement has been filed with the Department, the Director shall review the Development Agreement to determine whether it conforms with the provisions of this Chapter.
B. Public Hearings.
1. Planning Commission Hearing. The Planning Commission shall conduct a public hearing on the Development Agreement consistent with Section D.2.040.G (Public Hearings) and shall make a recommendation to the Council.
2. Council Hearing.
a. Council shall conduct a public hearing on the Development Agreement consistent with Section D.2.040.G (Public Hearings).
b. If the Council approves a Development Agreement, the approval shall be implemented through the adoption of an ordinance containing the findings required by Section D.14.050 (Findings).
D.14.050 Findings
The Council may approve a Development Agreement, with or without conditions, only after the following findings are made:
A. The Development Agreement is consistent with the goals, policies, general land uses , and programs specified in the General Plan;
B. The Development Agreement is consistent with any Specific Plan, if applicable; C. The Development Agreement and accompanying development maps, plans, and other supporting information are compatible with the uses authorized in, and the performance and development standards prescribed for, the zone in which the subject parcel or site is located; D. The Development Agreement is in conformity with and will promote public convenience, general welfare, and good land use and development practices;
E. The Development Agreement shall be shown to be of greater benefit to the community than development absent the Development Agreement;
F. The term or duration of the Development Agreement has a commensurate relationship to the benefit(s) provided;
G. The Development Agreement contains the mandatory provisions specified in California Government Code section 65865.2 and any other terms required by Council; and H. The Development Agreement complies with all other applicable requirements of California Government Code section 65864 et seq.
D.14.060 Execution and Recordation
No later than 10 days after the ordinance approving a Development Agreement takes effect, the City Manager shall execute the Development Agreement, and the City Clerk shall record the Development Agreement with the County Recorder in compliance with California Government Code section 65868.5.
D.14.070 Annual Review
A. Requirement for Annual Review. Every Development Agreement approved and executed in compliance with this Chapter shall be subject to periodic review every 12 months or less by the City during the full term of the agreement. The burden of proof shall be on the applicant, contracting party, or successor in interest to demonstrate compliance in good faith to the terms and conditions of the agreement to the full satisfaction of, and in a manner prescribed by , the City.
B. Initiation of Review. The applicant, contracting party, or successor in interest shall initiate annual review by submitting a written statement to the Director describing their good faith substantial compliance with the terms and conditions of the agreement for the prior year.
C. Fees. Appropriate fees to cover the City's cost to conduct the annual reviews shall be collected from the applicant, contracting party, or successor in interest prior to completion of each annual review. These fees may be established in the Development Agreemen t or by the City consistent with Milpitas Municipal Code Chapter IV -3 (Fee and Service Charge Revenue/Cost Comparison System).
D. Determination upon Review. The Director shall review the materials furnished by the applicant, contracting party, or successor in interest to determine upon the basis of substantial evidence whether or not the applicant has, for the period under review, complied in good faith with the terms and conditions of the Development Agreement.
1. Finding of Compliance. If the Director, based on substantial evidence, determines that the applicant is in compliance with the provisions of the Development Agreement, the Director shall deliver a report of the determination to the Council and then no further action is required.
2. Finding of Noncompliance. If the Director finds the applicant has not complied with the provisions of the Development Agreement, the Director shall issue a finding of noncompliance. The Director shall specify in writing to the applicant the respects in which the applicant has failed to comply with the Development Agreement and shall set forth terms of compliance and specify a reasonable time for the applicant to meet the terms of compliance. If the applicant does not comply with any terms of compliance within the prescribed time limits, the Development Agreement shall be subject to termination or modification in accordance with this Chapter.
3. Appeal of Determination. Within 10 days after issuance of a finding of noncompliance, any interested person may file a written appeal of the finding with the Council as described in Section D.2.040.N (Appeals). The appellant shall specify the reasons for the appeal. The issuance of a finding of compliance or finding of noncompliance by the Director and the expiration of the appeal period without appeal, or the confirmation by the Council of the issuance of the finding on the appeal, shall conclude the review for the applicable period. The determination shall be final.
D.14.080 Amendment, Modification, or Termination of an Approved Development Agreement
A. A Development Agreement may be amended or canceled, in whole or in part, by mutual consent of the parties to the agreement or their successors in interest in compliance with California Government Code section 65868. The City shall have notice of the amendment, modification or termination recorded with the County Recorder's office.
B. If, upon a finding under Subsection D.14.070.D.2 (Finding of Noncompliance), the City determines to proceed with modification or termination of a Development Agreement, the City shall give notice to the applicant of its intention to do so. The procedure for modifying or terminating a Development Agreement is the same as the procedure for entering into a Development Agreement as specified in this Chapter. If the City modifies or terminates a Development Agreement i n compliance with this Chapter, the City sha ll have notice of the noncompliance recorded with the County Recorder's office.
D.14.090 Effect of Development Agreement
A. Unless otherwise provided by the Development Agreement, the rules, regulations, and official policies governing permitted uses of the land, density, design, improvement, and construction standards and specifications, applicable to development of the property subject to a Development Agreement, are the rules, regulations, and official policies in force at the time of execution of the Development Agreement.
B. Unless specifically provided in the Development Agreement, the Development Agreement does not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property under the Development Agreement, nor does a D evelopment Agreement prevent the City from conditionally approving or denying any subsequent development project application on the basis of existing or new rules, regulations, and policies.
Chapter D.16 Reserved
Chapter D.18 Enforcement and Penalty
Sections:
D.18.010 Purpose
D.18.020 Enforcement
D.18.030 Determination of Violation
D.18.040 Penalty
D.18.050 Declaration of Public Nuisance
D.18.060 Order to Stop Work
D.18.070 Modification, Revocation, and Suspension
D.18.080 Abatement Procedure
D.18.090 Cost Recovery
D.18.100 Lien Procedure
D.18.110 Interest on Liens
D.18.120 Miscellaneous
D.18.130 Remedies Cumulative
D.18.010 Purpose
This Chapter establishes provisions for enforcement of this Title and any conditions of a permit or approval, to promote the City’s planning efforts, and for the protection of the public health, safety, and welfare. This Chapter puts all persons on notice of the proceedings and penalties involved if any provision of this Title is violated.
D.18.020 Enforcement
All departments, officials and public employees of the City are vested with the duty or authority to issue permits shall conform to the provisions of this Chapter and shall not issue a permit or license for uses, buildings, or purposes in conflict with the provisions of this Title. Any permit or license issued in conflict with the provisions of this Title shall be null and void.
D.18.030 Determination of Violation
A. It shall be the duty of the Director to enforce the provisions of this Title on any use of land or structures, and the addition, alteration, moving, construction, erection, or reconstruction of or to any structure.
B. The Director, in consultation as needed with the Fire Chief, Building Official, Police Department, or other Code Enforcement Officials may conduct any investigation necessary to determine whether persons are complying with this Title, including the terms, conditions, mitigation
measures, or project descriptions incorporated into any permit, approval , or clearance issued in accordance with this Title.
D.18.040 Penalty
A. It shall be unlawful for any person to violate any of the provisions of this Title. Any person convicted of violating any of the provisions of this Title shall, upon conviction, be punished by a fine not-to-exceed the sum of $ 1,000 or by imprisonment in the County Jail not to exceed six months or by both a fine and imprisonment.
B. Each day that a violation of this Title continues shall be considered a separate offense.
C. Any use of a premises or a building which deviates from or violates any of the provisions of this Title shall be termed an illegal occupancy and the person or persons responsible shall be subject to the penalties as provided in this Section.
D.18.050 Declaration of Public Nuisance
The following is unlawful and shall be declared a public nuisance:
A. Violation of, or noncompliance with, any term, condition, mitigation measure , or project description incorporated into any permit, approval, or clearance granted in accordance with this Title.
B. Any building or structure, set up, erected, altered, built, converted, moved, reconstructed, or demolished, and any use of property contrary to the provisions of this Title.
C. Any sign or sign structure erected, constructed, maintained, marked, posted, pasted, painted, printed, altered, or repaired in violation of the provisions of this Title.
D. Any sign or sign structure after a permit or Variance has been revoked or expired and which is determined to be unsafe and so as to constitute an immediate peril to persons or property, or has been placed upon public property without written permission of the Director.
D.18.060 Order to Stop Work
A. Issuance of Stop Work Order. The Building Official may issue an order to stop work to prohibit further construction activity on any development, excavation, building, or structure on any land on which there is an uncorrected violation of a provision of this Title or of a permit or other form of authorization issued in accordance with this Title. The Building Official may also order work to be stopped in the event the activity is being conducted without having obtained a required permit or approval.
B. Serving of Stop Work Order. The Stop Work Order shall be served by posting a copy on the premises where the violation is located, or which is the subject of the permit or approval issued by the City. In addition, a copy of the Stop Work Order shall be personally served on the owner or responsible person or mailed to the owner or responsible person at the address shown on the current Department records or records pertaining to the permit or other approval issued by the City. The Stop Work Order shall become effective immediately upon posting.
C. Correction of Violation. After posting of a Stop Work Order, no person shall perform any act in violation of the terms of the Stop Work Order, except the actions as are determined by the Director, Fire Chief, Building Official, or other Code Enforcement Official to be necessary to correct the violation or to render the premises safe and secure, until the violation has been corrected to the satisfaction of the person serving the Stop Work Order.
D.18.070 Modification, Revocation, and Suspension
A. Modifications, Revocation, and Suspension. The Council, Planning Commission, or Director may initiate the review of a permit or approval (including, but not limited to, a Conditional Use Permit, Variance, or Site Development Permit) for the purpose of deciding whether modification, revocation, or suspension of the permit or approval is needed , only after written notice of a violation or public nuisance is mailed to the holder of the permit or approval.
1. Planning Commission Action.
a. After initiation, a public hearing before the Planning Commission shall be noticed and held in compliance with Section D.2.040.F (Public Hearing Notice) and Section D.2.040.G (Public Hearings).
b. After the public hearing has been closed, the Planning Commission may modify, revoke, or suspend the permit or approval unless City Council action is required by law. See Subsection D.18.070.A.2 (Council Action) below.
2. Council Action.
a. If Council action is required by law, after the Planning Commission public hearing has been closed, the Planning Commission shall recommend to the Council, by resolution, whether the permit or approval shall be modified, revoked, or suspended.
b. Following receipt of a recommendation on the permit or approval from the Planning Commission, a public hearing before the Council shall be noticed and held in compliance with Section D.2.040.F (Public Hearing Notice) and Section D.2.040.G (Public Hearings).
c. After the public hearing has been closed, the Council may modify, revoke, or suspend the permit or approval.
B. General Findings for Modifications/Revocation/Suspension. A permit or approval may be modified, revoked, or suspended if any of the following conditions exist:
1. Conditions of approval of the permit or approval are being violated or are not being satisfied;
2. The application contained incorrect, false, or misleading information;
3. The permit or approval is being exercised in a manner that constitutes a public nuisance; or
4. The permit or approval is being exercised in a manner which is contrary to the public health, safety, and welfare.
D.18.080 Abatement Procedure
A. Notification of Nuisance. Whenever the Director determines that any property within the city is being maintained contrary to one or more of the provisions of this Chapter, written notice (“Notice to Abate”) shall be given to the owner/occupant(s) of the property stating the section(s) being violated. The notice shall set forth a reasonable time limit, in no event less than or equal to 30 days, for correcting the violation(s) of this Title. The Director may also set forth suggested methods of correcting the violation(s) unless he or she determines that the condition constitutes a threat to the health and safety of any person, in which event, the Director may designate a shorter time limit for correcting the violation (s). The notice shall be served upon the owner/occupant in accordance with provisions of Section D.18.080.D (Notice of Hearing ), covering service in person or by mail.
B. Exception for Undue Hardship. The notice shall also inform the owner/occupant (excluding an owner acting in a capacity of landlord of rental property) that, upon written request of the owner/occupant submitted within seven days of the "Notice to Abate," the City Manager, in their sole discretion, may allow for a time limit in excess of 30 days for correcting the violation in cases where strict enforcement of the time limit would result in an undue hardship on the owner/occupant. In the written request, the owner/occupant shall state the reasons why strict enforcement of the time limit would result in an undue hardship.
C. Administrative Hearing to Abate Nuisance. In the event the owner/occupant fails, neglects, or refuses to comply with the “ Notice to Abate,” the City Manager shall conduct an administrative hearing to ascertain whether the violation constitutes a public nuisance.
D. Notice of Hearing. Notice of the administrative hearing shall be served upon the owner/occupant not less than seven days before the time fixed for the hearing. Notice of the hearing shall be served in person or by certified mail to the owner/occupant's last known address. Service shall be deemed complete at the time notice is personally served or deposited in the mail. Failure of any person to receive no tice shall not affect the validity of any proceedings hereunder. The notice shall identify the date of the hearing, the conditions in vi olation, and the proposed method of abatement. Notice that substantially complies with the format provided below shall be deemed sufficient:
FIGURE D.18.080 -1: NOTICE OF ADMINISTRATIVE HEARING ON ABATEMENT OF NUISANCE FORMAT
NOTICE OF ADMINISTRATIVE HEARING ON ABATEMENT OF
NUISANCE
This is a notice of hearing before the City Manager to ascertain whether certain property situated in the City of Milpitas, State of California, known and designated as (PUBLIC RIGHT-OF-WAY ADDRESS HERE), in the City of Milpitas, and more particularly desc ribed as (ASSESSOR'S PARCEL NUMBER HERE) constitutes a violation or public nuisance subject to abatement in accordance with Section D.18.080 (Abatement Procedure) of the Milpitas Municipal Code. If the property, in whole or part, is found to constitute a public nuisance as defined in the Milpitas Municipal Code and if the same is not properly abated by the owner/occupant, the nuisance may be abated by municipal authorities, in which case the cost of the rehabilitation, repair, or abatement will be assessed upon the
property and the costs, together with any accrued interest, may constitute a special assessment or lien upon the property until paid. In addition, you may be cited for violation of the provisions of the Milpitas Municipal Code and subject to an administrative fine.
Said alleged conditions consist of the following: (DESCRIPTION HERE)
The method(s) of abatement are: (DESCRIPTION HERE)
All persons having an interest in these matters may attend the hearing and their testimony and evidence will be heard to determine whether certain conditions constitute a public nuisance and whether the conditions shall be abated as a public nuisance.
Dated this _______ day of _______, 20___.
_____________________
Signature of City Manager
Time and Date of Hearing: ##/##/####
Location of Hearing: (LOCATION HERE)
E. Administrative Hearing by City Manager.
1. At the time stated in the notice, the City Manager shall hear and consider all relevant evidence, objections, or protests, and shall receive testimony relative to the alleged public nuisance and to proposed rehabilitation, repair, removal, or abatement of the property.
The hearing may be continued from time to time.
2. If the City Manager finds that a public nuisance exists and that there is sufficient cause to rehabilitate, abate, remove, or repair the public nuisance, the City Manager shall prepare findings and an order, which shall specify the nature of the nuisance, the method(s) of abatement, and the time within which the work shall be commenced and completed. A copy of the findings and order shall be served on all owner/occupants of the subject property in accordance with the provisions of Section D.18.080.D (Notice of Hearing). In addition, a copy of the findings and order shall be conspicuously posted on the property.
The order shall include the time within which the owner/occupant shall complete the work, in no event less than 15 days.
3. In the event the owner/occupant fails to abate the nuisance as ordered, the City Manager shall cause the nuisance to be abated by City employees or private contract. The costs shall be billed to the owner/occupant, as specified in Section D.18.090 (Cost Recovery). In appropriate circumstances, the City Manager shall request the City Attorney to obtain all necessary judicial approval for entry onto the subject premises for abatement purposes.
F. Hearing Procedure Before City Manager. All hearings shall be recorded.
1. Hearings need not be conducted according to the technical rules of evidence.
2. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in California.
Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions in courts of competent jurisdiction in this state.
3. Irrelevant and unduly repetitious evidence shall be excluded.
G. Appeal of Decision by City Manager. The decision of the City Manager may be appealed to the Council in conformance with the provisions of Milpitas Municipal Code Section I-20-5 (Appeals to Council).
H. Limitation on Filing Judicial Action. Any judicial action appealing the Council's decision and order shall be commenced within 30 days of the date of service of the decision.
I. Summary Abatement of Immediate Hazard or Obstruction. The City Manager may, without notice, abate the nuisance and recover the cost of abatement as provided in Section D.18.090 (Cost Recovery) in the event of:
1. A nuisance defined by statute, ordinance , or resolution as a public nuisance which constitutes an immediate danger to persons or property;
2. A nuisance defined by statute, ordinance , or resolution as a public nuisance which is located or maintained on public property including, but not limited to, any public right - of-way, highway, sidewalk, easement, park, or building; or
3. Any obstruction or encroachment to free passage upon any public property (which is declared to be a public nuisance) including, but not limited to, any public right -of-way, highway, easement, sidewalk, park or building.
Summary abatement may include the temporary removal to a safe location of persons placed in immediate danger from a public nuisance. In this event, the City shall be entitled to recover all costs related to the removal, including , but not limited to, storage of possessions and rental of living accommodations, as well as any other recoverable cost provided in Section D.18.090 (Cost Recovery).
D.18.090 Cost Recovery
A. Recovery of Costs. This Section establishes procedures for the recovery of administrative costs, as well as attorneys' fees and co sts, incurred by the City in the enforcement process, for the abatement of conditions defined as a nuisance or violation by Milpitas Municipal Code Chapter XI-21 (Administrative Citations).
B. Definition of Costs. For the purposes of this Chapter, "costs" shall mean administrative costs, including City staff time expended and reasonably related to nuisance abatement cases, for items including, but not limited to, investigation, site inspection and monitoring, testing, reports, telephone contacts, correspondence and meetings with affected parties, as well as all attorneys' fees incurred in accordance with any action, administrative proceeding, or special proceeding to abate the nuisance including, but not limited to, filing fees and fees for witnesses. In accordance with California Government Code section 38773.5(a), where the City seeks to recover attorneys' fees at the initiation of any action or proceeding, a prevailing opposing party may recover its reasonable attorneys' fees to the extent that the amount of the fees does not exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding.
C. Cost Accounting and Recovery Required. The City shall maintain records of all costs incurred by responsible City departments associated with the enforcement process in accordance with this Chapter and shall recover the costs from the property owner/occupant as provided by this Section.
D. Notice of Cost Recovery Requirements. The City Manager shall include in the "Notice to Abate" a statement of the intent of the City to charge the property owner/occupant for all costs incurred by the City if the violation is not corrected as required. The notice shall state that the property owner/occupant will receive at the conclusion of the enforcement case a summary of enforcement costs associated with the processing of the case.
E. Collection of Charges. Costs of recovery shall be recoverable as provided in this Chapter.
D.18.100 Lien Procedure
A. Record of Cost of Abatement. The City Manager shall keep an account of the costs, as defined in Subsection D.18.090.B (Definition of Costs ), for abating the nuisance on each separate lot or parcel of land where the work is done by the City and shall render an itemized report in writing showing the cost of abatement, including the rehabilitation or repair of the property, including any related salvage value. A copy of the report shall be posted for at least five days upon the property, together with a notice of the right to appeal to the City Manager. A copy of the report and notice shall be served upon the owner/occupants of the property, based on the last equalized assessment roll or the supplemental roll, whichever is more current. If the owner/occupant of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication published in a newspaper of general circulation in the county in which the property is located. Proof of the posting and service shall be made by affidavit filed with the City Clerk. The owner/occupant shall have 30 days from the date upon which the notice is served to reimburse the City for its costs or to otherwise make arrangements for repayment, to which the City, in its sole discretion, may agree.
B. Assessment and Lien.
1. The total cost for abating the nuisance, as so confirmed by the City Manager, shall, upon failure to pay the costs as specified in Subsection D.18.100.A (Record of Cost Abatement) constitute a lien or special assessment in accordance with California Government Code section 38773.1, 38773.2, 38773.5, or 38773.6 against the respective lot or parcel of land to which it relates. After confirmation and recordation of a Notice of Special Assessment, a certified copy of the City Manager's decision shall be filed with the Santa Clara County Assessor's Office on or before August 1 of each year, whereupon it shall be the duty of the County Assessor to add the amounts of the respective assessments to the next regular tax bills levied against the respective lots and parcels of land for municipal purposes and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided of ordinary municipal taxes.
All laws applicable to the levy, collection , and enforcement of municipal taxes shall be applicable to the special assessments. Upon recordation in the Office of the County Recorder, a Notice of Lien, as so made and confirmed, shall constitute a lien on the property and from the date of recording shall have the force, effect, and priority of a judgment lien.
2. In the alternative, after recordation, the lien may be foreclosed by an action brought by the City for a money judgment or by any other means provided by law. A Notice of Lien for recordation shall be in form substantially as follows:
FIGURE D.18.100 -1: NOTICE OF LIEN FORMAT
NOTICE OF LIEN
(Claim of City of Milpitas)
In accordance with the authority vested by the provisions of Section D.18.050 (Declaration of Public Nuisance) of the Milpitas Municipal Code, the City Manager of the City of Milpitas did on or about the _______ day of _______, 20___, cause the property hereinafter described to be rehabilitated or the building or structure on the property hereinafter described, to be repaired or demolished in order to abate a public nuisance on the real property, in accordance with an order to abate issued by on; and the City Manager of the City of Milpitas did on the _______ day of
_______, 20___, assess the cost of the rehabilitation, repair, demolition, or abatement upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that the City of Milpitas does hereby claim a lien on the rehabilitation, repair, or abatement in the amount of the assessment, to wit; the sum of $____ and the same, shall be a lien upon the real property until the same has been paid in full and discharged of record.
The real property hereinabove mentioned, and upo n which a lien is claimed, is that certain parcel of land lying and being in the City of Milpitas, County of Santa Clara, State of California, owned by and more particularly described as follows: (LEGAL DESCRIPTION HERE):
Dated this _______ day of _______, 20___.
_______________________
Signature of City Manager
In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the amount of the lien, the name of the agency on whose behalf the lien was imposed, the date of the abatement order , the public right -of-way address, legal description, and the name and address of the recorded owner/occupant of the property shall be recorded by the governmental agency. A nuisance abatement and the release of the lien shall be indexed in the grantor-grantee index.
D.18.110 Interest on Liens
A. Amount of Interest on City Liens and Assessments–Findings. The Council finds and declares that the establishment of an interest accrual requirement as to unpaid City liens and assessments upon
re
al property which are of record with the Santa Clara County Recorder is a necessary and appropriate exercise of the Council's police power.
B. Accrual of Interest on Liens and Assessments. Unless otherwise prohibited by law or regulation, all liens and assessments which are imposed by the City against any real property located in the City that are recorded on and after the effective date of this regulation shall accrue interest at the rate of eight percent annually until the lien or assessment, including any accrued interest, is paid in full.
D.18.120 Miscellaneous
A. Alternative Actions Available; Violation and Infraction. Nothing in this Chapter shall be deemed to prevent the Council from ordering the commencement of a civil proceeding to abate a public nuisance in accordance with applicable law or from pursuing any other remedy available under applicable law. Violation of the provisions of this Chapter constitutes an infraction, as set forth in Milpitas Municipal Code Subsection I-1-4.09 (Penalty Provisions). The City Manager is designated as the enforcement authority
.
B
. Additional Costs of Abatement. The Council provides that a court may order the owner/occupant of property responsible for a condition that may be abated in accordance with this Chapter to pay three times the costs of abatement in accordance with California Government Code section 38773.7 upon the entry of a second civil court judgment for violation of this Chapter within a two- year period.
C. Residential Rental Housing. The notice sent to the owner/occupant of residential rental housing in accordance with Subsection D.18.080.A (Notification of Nuisance) shall contain the statement required by California Health and Safety Code section 17980 regarding the application of California Revenue and Taxation Code section 17274 and section 24436.5, which allow the Franchise Tax Board to deny state income tax deductions to taxpayers who fail to bring substandard residential rental property into compliance with this Chapter.
D.18.130 Remedies Cumulative
The remedies provided in this Chapter shall be cumulative and not exclusive and are in addition to any other remedies as provided by law. The City’s use or exercise of one remedy shall not preclude the City from using or exercising any other remedy as may be allowed by law.
Chapter E.2 Definitions of Terms
This Chapter provides definitions for terms that are commonly used throughout this Title.
Abandoned, Abandonment. When, for the period of time established in Chapter C.18 (Nonconforming Buildings, Structures, Uses, and Parcels) a nonconforming use is either vacated, the business license lapses, the lease is terminated, and/ or utilities are terminated.
Abate. To repair, replace, remove, destroy or otherwise remedy the condition in violation of this Title.
Abutting or Adjoining. Having a common property or zone boundary line.
Access. The place or way through which pedestrians and/or vehicles shall have safe, adequate, and usable ingress and egress to a property or use as required by this Title and the Milpitas Municipal Code.
Accessory Building. A subordinate building, whose purpose is clearly incidental to that of the main building or the use of the land, and which shall not contain living or sleeping quarters or storage for commercial vehicles in excess of three-quarter ton size. Accessory dwelling units, as defined in Chapter E.4 (Definition of Uses), are exempted from the prohibition against living and sleeping quarters. An accessory building shall be considered attached to the main building if:
1. It shares a common wall with the main building; or
2. It shares an integral roof structure having the same framing system and roof covering as the main building and has an exterior wall that is separated from the main structure by no more than 10 feet at any given point.
Accessory Structure. A structure subordinate to the primary use or principal building on the same lot and serving a purpose customarily incidental to the primary use or use of the principal building.
An accessory structure does not meet the definition of an accessory building. Examples include, but are not limited to gazebos, covered patios, carports, and porte-cochères.
Accessory Use. See “accessory use” in Chapter E.4 (Definitions of Uses).
Active Use. A use that attracts walk-in visitors and has a high degree of transparency from the street. Active uses include but are not limited to retail, restaurants, bars, markets, theaters, salons, yoga studios, art studios/galleries, banks, offices, and clinics. Active uses also include ground floor residential shared amenities, such as a lobby, gym, or conference room.
Adjacent. Having a common border with, or being separated from such a common border by a right- of-way, alley, or easement. Properties separated by a street, alley, intersection, or other public right-of-way (other than an elevated interstate freeway), shall be considered adjacent when their property lines would touch in any way if drawn to the center line of such street, alleyway, intersection, or other public right-of-way.
Adult-Oriented Business Terms.
Adult Arcade. Any place to which the public is permitted or invited, wherein coin -operated, currency-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, television sets, monitors, receivers, transmitters, video cassette players or other images producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished
or characterized by the depicting, describing or relating to specified sexual activities or specified anatomical areas.
Adult Bookstore. An establishment that has 30 percent or more of its stock in books, visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.
Adult Cabaret. A nightclub, restaurant, or similar business establishment which:
• Regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or
• Which regularly features persons who appear seminude; and/or • Shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
Adult Hotel/Motel. A hotel or motel or similar commercial establishment which:
• Offers public accommodations, for any form of consideration, which provide patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this sexually oriented type of material by means of any off- premises advertising including but not limited to newspapers, magazines, pamphle ts or leaflets, radio or television; and
• Offers a sleeping room for rent for a period of time that is less than 10 hours or allows a tenant or occupant of a sleeping room to sub -rent the room for a period of time that is less than 10 hours, or rents any single room more than twice in a 24-hour period.
Adult Motion Picture Theater. A business establishment in which for any form of consideration, films, motion pictures, video cassettes, video tapes, laser discs, slides or similar photographic or electronic reproductions are regularly shown and 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
Adult Theater. A theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.
Distinguished or Characterized by an Emphasis Upon. The dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas.
Escort. A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
Escort Agency. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
Establishment of an Adult Business. Any of the following:
1. The opening or commencement of any adult-oriented business as a new business;
2. The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business as defined in this Title;
3. The addition of any of the a dult-oriented businesses defined in this Title to any other existing adult-oriented business; or
4. The relocation of any adult-oriented business.
Nudity or a State of Nudity. The of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the areola or nipple, or the showing of the covered male genit als in a discernible turgid state.
Regularly Features. With respect to an adult motion picture theater, theater , or adult cabaret, a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a 30-day period, three or more occasions within a 60-day period, or four or more occasions within a 180-day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.
Seminude. A state of dress in which clothing covers no more than the genitals, pubic region, and areolas of the female breast, as well as portions of the body covered by supporting straps or devices.
Specified Anatomical Areas. Any of the following:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breast below a point immediately above the top of the areola; or
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
3. Any device, costume or covering that simulates any of the body parts included in ( 1) or (2) above.
Specified Sexual Activities. Any of the following:
1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
2. Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;
3. Masturbation, actual or simulated;
4. Human genitals in a state of sexual stimulation, arousal or tumescence; or
5. Excretory functions as part of or in connection with any of the activities set forth in ( 1) through (4) above.
Alley. Any public thoroughfare which affords only a secondary means of access to adjacent property.
Allowed Use. Any use allowed in a zone and subject to the standards, restrictions, and approvals applicable to that zone and the use. May be a permitted use or a conditionally permitted use.
Amplified Sound. The use of any loudspeaker, public address system, amplifier, or any other device which electronically or mechanically increases the volume of the human voice, music, or any other sound.
Any Interested Party. Any person whom a Review Authority of the City finds and acknowledges as having a real and direct interest in any proceeding or action carried on, under, or as a result of the operation of, this Title.
Applicant. A person who requests in writing the approval of a permit, license, certificate, or other entitlement for use from the City. An applicant includes the owner of property for which the application is submitted or the owner’s authorized agent.
Auto. Any motor vehicle requiring a license in compliance with the California Vehicle Code.
Basement. A story of a building that is partly or wholly located underground.
Bay Window. A window or set of windows jutting out from the wall of a building, rising from the ground and forming an alcove which may or may not add additional floor area or a sitting area within.
Bedroom. Any room which meets the minimum requirements of both the Zoning Ordinance and the Building Code for a habitable room, which is constructed in such a manner that less than 50 percent of one wall is open to an adjacent room or hallway and which can be readily used for private sleeping purposes.
Bicycle Parking Space. See “parking space, bicycle”.
Block. A property so designated on an official map of the City, or the area of land bounded by streets, or by a street or streets, and railroad right-of-way, canal right-of-way, or unsubdivided acreage.
Building. A structure having a roof supported by columns or walls for the housing of, or for occupancy by, persons, animals, or chattels. Where a dwelling is separated by a division wall without openings, each portion of such dwelling shall be deemed a separate building.
Building Face or Building Façade. The outer surface of the main exterior wall of a building. For example, a building with a rectangular plan has four exterior walls and four building faces or facades.
Building Frontage. See “frontage, building”.
Building Height. The vertical distance from finished grade. See also Subsection A.6.090.A (Measuring Building Height).
Building Official. The Director of the Office of Building Safety of the City of Milpitas or designee.
Building, Principal. A building in which the primary use of the lot on which it is situated is conducted.
Cannabis Terms.
Cannabis. All parts of the plants Cannabis sativa, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the
plant, its seeds, or resin. Cannabis also means the separated resin, whether crude or purified, obtained from marijuana. Cannabis includes "cannabis" as defined in the California Business and Professions Code section 26001 and in California Health and Safety Code section 11018.
Cannabis Cultivation. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
Cannabis Delivery. The commercial transfer of cannabis or cannabis products to a customer.
Cannabis delivery also includes the use by a cannabis retailer of any technology platform that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products. Whether made directly by the individual or entity or indirectly through a third -party service or other intermediary, an offer to deliver includes any communication, action, or conduct that could be reasonably understood to convey a willingness to engage in cannabis delivery irrespective of the person or entity's actual or specific intent and includes advertisements, websites, or other media making the same suggestion.
Cannabis Delivery Service / Delivery Service. Any person or entity engaged in cannabis delivery or attempting or offering to engage in cannabis delivery.
Cannabis Distribution. The procurement, sale, and transport of cannabis and cannabis products and any other activity allowed under the State distributor license(s), including, but not limited to, cannabis storage, quality control and collection of State cannabis taxes.
Cannabis Manufacture. To compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. Cannabis manufacture includes the production, preparation, propagation, or compounding of manufactured cannabis, or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages medical cannabis or cannabis products or labels or relabels its container.
Cannabis Microbusiness. Commercial cannabis business that must engage in at least three of the following commercial cannabis activities: cultivation, manufacturing using nonvolatile solvents, distribution, and/or retail.
Cannabis Product. Cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. Cannabis products include cannabis products as defined in Business and Professions Code section 26001.
Cannabis Retailer. Facility where cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products as part of a retail sale or conducts sales exclusively by deliver y. The term cannabis retailer includes any nonprofits that may be licensed under Business and Professions Code section 26070.5. For purposes of this Title, cannabis retailer also includes medical cannabis dispensaries, patient collectives and cooperatives operating, or proposing to operate, in accordance with the California Health and Safety Code section 11362.5 and/or the California Health and Safety Code section 11362.7 et seq., as may be amended.
Cannabis Testing Laboratory. A facility, entity, or site that offers or performs tests of cannabis or cannabis products.
Commercial Cannabis Use. Includes all cannabis cultivation, cannabis manufacture, cannabis distribution, cannabis testing laboratories, cannabis microbusinesses, cannabis retailers, cannabis
delivery, and sale of cannabis and/or cannabis products, whether intended for medical or adult use, and whether or not such activities are carried out for profit. Commercial cannabis uses includes commercial cannabis activity as defined in California Busin ess and Professions Code section 26001, and includes any activity that requires, or may require in the future, a license from a State licensing authority in accordance with California Business and Professions Code section 26000-26325, as may be amended. Co mmercial cannabis use does not include those activities allowed for personal use by persons 21 years of age or older, without any compensation whatsoever, in strict accordance with California Health and Safety Code section 11362.1 and does not include the activities of a qualified patient or a primary caregiver that are exempt from State licensure in accordance with California Business and Professions Code section 26033.
Enforcement Authority. The Chief of Police, the City Attorney, or any other person or persons designated by the Milpitas Municipal Code or the City Manager to enforce the City’s cannabis regulations in this Title.
Indoor. Any location that is totally contained within a fully enclosed and secure private residence or accessory building located on the grounds of the private residence.
Medicinal Cannabis / Medicinal Cannabis Products. These terms shall have the same meaning as the definition set forth in Business and Professions Code section 26001.
Medicinal Cannabis Patient. Any one of the following:
Person with an I dentification Card. As defined in Health and Safety Code section 11362.7. A person who possesses a currently valid identification card issued in compliance with Health and Safety Code Article 2.5 (commencing with section 11362.7) of Chapter 6 of Division 10.
Qualified Patient. As defined in Health and Safety Code s ection 11362.7. A person who possesses a currently valid physician's recommendation that complies with both Business and Professions Code Article 25 (commencing with section 2525) of Chapter 5 of Division 2 as all rules, regulations, and guidelines adopted by the Medical Board of California.
Non-Medicinal Cannabis / Non-Medicinal Cannabis Products. Cannabis or cannabis products, respectively, that does not qualify as medicinal cannabis, including commercial cannabis intended to be sold for non-medicinal use by an adult 21 years of age or older pursuant to state law.
Outdoor. Any location that is not totally contained within a fully enclosed and secure accessory building or primary residence.
Personal Cultivation. Cannabis cultivation for a natural person's own personal use and possession in accordance with the Milpitas Municipal Code and state law, including but not limited to California Health and Safety Code section 11362.1 and 11362.2, as may be amended, and such person does not sell or distribute cannabis to any other person. Personal use also means and includes cultivation of medical cannabis conducted by a qualified patient exclusively for personal medical use, and cultivation conducted by a primary caregiver for the personal medical purposes of no more than five specified qualified patients for whom they are the primary caregiver, in accordance with state law, including California Health and Safety Code section 11362.7 and 11362.765, as may be amended. Except as defined in this Title, personal cultivation does not include, and shall not authorize, any cultivation conducted as part of a business or commercial activity, including cultivation for compensation or retail or wholesale sales of cannabis.
Primary Caregiver. The primary caregiver for a medicinal cannabis patient and shall have the same meaning as the definition set forth in Health and Safety Code section 11362.7.
Car Share. A service that allows people to rent vehicles for short periods, typically through a web- based application, without needing to own a car.
Chief of Police. The Chief of Police of the City of Milpitas Police Department or designee.
City Attorney. The City Attorney of the City of Milpitas or designee.
City Clerk. The City Clerk of the City of Milpitas or designee.
City Engineer. The Director of the Engineering Department of the City of Milpitas or designee.
City Manager. The chief executive officer or manager of the City of Milpitas or designee.
City Official. An authorized officer of the City of Milpitas as appointed by the City Manager or City Council.
Civil Engineer. A person who holds a valid license in the branch of civil engineering, as defined in California Business and Professions Code section 6702.
Community Emergency Cache. A collection of disaster response supplies approved by the City's Office of Emergency Services that would benefit the surrounding community.
Compost. Safe and stable decayed organic material deriving from household or commercial waste that is beneficial to plant growth and may be used as a source of fertilizer or nutrient for plant.
Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential, industrial, or commercial building on such real property, such as an apartment, office, or store.
Condominium Conversion. A change in the type of ownership of a parcel or parcels of land, together with the existing attached structures, to that defined for a condominium project or a community apartment project regardless of the present or prior use of such land and structures and whether substantial improvements have been made or are to be made to such structures.
Continuing Violation. A violation, infringement or breach of a provision of this Title that is uninterrupted and lasts for a continuous period in excess of 24 hours.
Curb Grade. The elevation of the established curb in front of the building measured at the center of such front. Where no curb grade has been established, the City Engineer shall establish such curb grade or its equivalent for the purpose of this Title.
Curb Level. See “curb grade”.
Department. The Planning Department of the City of Milpitas.
Diameter at Breast Height (DBH). The diameter of a tree’s trunk, measured 4.5 feet up the trunk from the ground.
Director. The Planning Director of the City of Milpitas or designee.
Dwelling. A building or portion of a building designed exclusively for residential occupancy, including single-family, two-family, multi-family, and accessory dwellings, but not including hotels or motels.
Dwelling Unit. A habitable room or group of habitable rooms (e.g., living room, bedroom, den, library, recreation, studio, etc.) designed for occupancy by one or more persons living as a family or single household unit with common interior access to all living, kitchen, and bathroom areas. No dwelling unit may have more than one kitchen.
Ecological Restoration Project. A project to establish or reestablish a defined, indigenous, historic ecosystem on a site where the natural, original ecosystem of has been disturbed or degraded.
Efficiency Kitchen. An efficiency kitchen includes a cooking facility with appliances, and food- preparation counter space with a total area of at least 15 square feet and food-storage cabinets with a total of at least 30 square feet of shelf space.
Effective Date. The date upon which this Zoning Ordinance, or any subsequent amendment, is in full force and effect from and after its adoption by the Council.
Electronic Smoking Device. An electronic and/or battery-operated device, the use of which may resemble smoking that can be used to deliver an inhaled dose of nicotine or other substances.
Includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, vaporizer or any other product name or descriptor.
Elevation. A scaled drawing of the front, rear, or side of a building or structure. Also, a vertical distance above or below a fixed reference level, typically above sea level.
Erosion. The wear and removal of the material in the earth's crust from one site and the deposition at another.
Family. One or more persons living together as a single household unit.
Federal Communications Commission (FCC). An independent government agency responsible for regulating the radio, TV, and phone industries. The FCC regulates all interstate communications, such as wire, satellite and cable, and international communications originating or terminating in the United States.
Finished Grade. The final elevation of the ground surface after development.
First Amendment Event. Conduct, the sole or principal object ive of which is the expression, dissemination or communication by verbal, visual, literary, or auditory means of opinion, views , or ideas. Expressive activity includes, but is not limited to, public oratory and distribution of literature.
Floor Area Ratio (FAR). The ratio of the total floor area of all buildings on a lot to the lot area. See Section A.6.080 (Determining Floor Area Ratio).
Foot-Candle. A quantitative unit of measure for luminance. One foot-candle is equal to the amount of light generated by one candle shining on one square foot surface located one foot away. It is equal to one lumen uniformly distributed over an area of one square foot.
Frontage. All the property fronting on one side of a street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of dead-end street, or city boundary, measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.
Frontage, Building. The length of a building wall as measured continuously in one plane for the entire length of the subject building, excluding eaves or roof overhangs. Where a building is visible from more than one street or parking area, the building frontage with the main public entry shall be designated as the primary building frontage with all other such frontages designated as secondary.
Fully-Shielded Light Fixture. See “light fixture, fully-shielded”.
Garage. Any building with a permanent roof, enclosed on three sides with a garage door on the fourth side that is built and used for the purpose of storage/parking of automobiles, recreational vehicles (RVs), or offroad vehicles.
Good Neighbor Manual. A manual prepared by the City regarding the general rules of conduct to be followed when operating a short-term rental unit.
Gross Acre. The total area within the boundaries of a legal lot or parcel, including any area proposed to be dedicated or reserved for public right-of-way. Adjacent lands already dedicated for public right-of-way, including public roadways, easements or other areas, shall not be included as part of the gross acreage.
Gross Floor Area. The total area of all floors measured from the interior faces of the building, but not including areas for parking, basements, shaft enclosures, or unroofed inner courts unless any outdoor areas are used for commercial purposes.
Habitable Space. A room designed for living, sleeping, eating or food preparation, including but not limited to a living room, bedroom, bathroom, kitchen, den, study, library, home office, craft room, or recreational room and excluding areas such as garages.
Hazardous Material. A material identified as hazardous by California Health and Safety Code section 25502(n).
Hardscape. Any durable ground cover material (pervious and impervious) used in landscape design, including but not limited to concrete, asphalt, stone, brick, and gravel.
Hosting Platform. A business or person that provides a means through which an operator may offer a dwelling unit, or portion thereof, for short-term rentals. A hosting platform is usually, though not necessarily, provided through an internet-based platform. It generally allows a property owner or tenant to advertise the dwelling unit through a website provided by the hosting platform and provides a means for potential short-term rental transients to arrange short-term rentals, whether the short-term rental transient pays rent directly to the operator or to the hosting platform.
Impervious. Any surface or material that does not allow the passage of water through the material and into the underlying soil.
Individual Property Owner. A natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. Does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp., S corp., etc.) except for a community land trust, as defined by California Revenue and Taxation Code section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation as defined by California Revenue and Taxation Code section 214.15.
Intensity. The degree to which land is used, measured by a combination of the type of land used and the amount of land or floor area devoted to that use.
Invasive Plant Species. Species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory and United States Department of Agriculture (USDA) invasive and noxious weeds database.
Kitchen. Any room, all or any part of which is designed and/or used for cooking and the preparation of food.
Landscape Architect. A person who holds a license to practice landscape architecture in the State of California, per Business and Professions Code section 5615.
Landscape Contractor. A person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.
Light Fixture, Fully-Shielded. Light fixture or luminous tube constructed and mounted such that all light emitted by the fixture or tube, either directly from the lamp, tube, or a diffusing element, or indirectly by reflection or refraction from any part of the light fixture, is projected below the horizontal plane. If the lamp or tube, any reflective surface, or lens cover (clear or prismatic) is visible when viewed from above or directly from the side, from any angle around the fixture or tube, the fixture or tube is not fully shielded.
Light Fixture, Partially-Shielded. A light fixture constructed and mounted such that most light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the fixture, is projected below the horizontal plane. Light emitted at or above the horizontal direction (sideways or upwards) arises only from incidental decorative elements or strongly colored or diffusing materials such as colored glass or plastic.
Fixtures using spot or flood lamps are considered partially shielded.
Loading Area. An open area, other than a street or alley, used for the loading or unloading of vehicles.
Loading Space. An off-street space or berth on the same lot as a building, or contiguous to a group of buildings, designated for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials, and which abuts upon a street or other appropriate means of access.
Lot. A parcel, tract, or area of land established by plat, subdivision, or as otherwise allowed by law, to be used, developed or built upon.
Corner Lot. A lot situated at the intersection of two or more streets having an angle of intersection of not more than 135 degrees.
Flag Lot. A lot having frontage upon, or access via an easement to, a public or private street by a narrow, private right-of-way.
Interior Lot. A lot other than a corner lot, flag lot, or through lot.
Irregular Lot. A lot which is shaped in a way that does not match the regular pattern of the lots on a block.
Key Lot. A lot with a side lot line that abuts the rear lot line of any one or more adjoining lots.
Reversed Corner Lot. A corner lot where the street side lot line of the lot is substantially a continuation of the front lot line of the lot to its rear.
Through Lot. A lot having frontage on two parallel or approximately parallel streets.
FIGURE E.2-1: LOT TYPES
Lot Dimensions. The linear measurements of a parcel of land.
Lot Area. The total horizontal area within the lot lines of a lot.
Lot Depth . The horizontal distance between the front and rear lot lines, see Section A.6.030 (Measuring Lot Width and Depth).
Lot Width. The horizontal distance between the side lot lines, see Section A.6.030 (Measuring Lot Width and Depth).
Lot Lines. The boundary between a lot and other property or the public right-of-way.
Front Lot Line. On an interior lot, the line separating the lot from the street. On a corner lot, the shorter lot line abutting a street. On a through lot, the lot line abutting the street providing the primary access to the lot. On a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained.
Interior Lot Line. Any lot line that is not adjacent to a street.
Rear Lot Line. The lot line that is opposite and most distant from the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for establishing the minimum rear setback.
FIGURE E.2-2: REAR LOT LINE S, IRREGULAR LOTS
Side Lot Line. Any lot line that is not a front or rear lot line.
Street Side Lot Line. A side lot line of a corner lot that is adjacent to a street.
FIGURE E.2-3: LOT LINE TYPES
Lumen. The unit used to measure the actual amount of light which is produced by a light source.
Main Building. See “building, principal”.
Major Street. A street having four or more vehicle travel lanes.
Manufacturing. The preparation, making, treatment, or processing of articles as merchandise.
Massage Establishment Terms.
Act. The Massage Therapy Act (Business and Professions Code section 4600, et seq.), as amended.
California Massage Therapy Council (CAMTC). California Massage Therapy Council established under California Business and Professions Code section 4602.
Certified Massage Practitioner or Massage Practitioner. A person who is currently certified as a massage practitioner by the CAMTC in accordance with California Business and Professions Code section 4604.1 and/or 4604.2.
Certified Massage Therapist or Massage Therapist. A person who is currently certified as a massage therapist by the CAMTC in compliance with California Business and Professions Code section 4604.
Compensation. The payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value. In addition to accepting other forms of compensation, a person may be deemed to have received compensation for performing a massage when the massa ge is offered as part of a membership, as part of a package of services or as incidental to the purchase of a product.
Employee. Any person hired by a massage establishment who renders any service for the business/owner in exchange for any form of compensation from the business, including independent contractors.
Managing Officer/Employee. A person that can or does have or share ultimate control over the day-today operations of a business.
Massage. Any method of treating the external parts of the body, usually with the hands, so as to stimulate circulation and make muscles or joints supple, or relieve tension, for remedial, or health purposes offered in return for any form of compensation. Methods of massage include, but are not limited to, stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body with or without the aid of any mechanical or electrical apparatus or appliances.
Massage may occur with or with out supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or with or without other similar preparations commonly used in this practice or by baths, including but not limited to: Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath. Massage includes the application of various manipulation or touch techniques to the muscular structure and soft tissues of the human body as defined in th e Act, California Business and Professions Code section 4601(e), and recognized as legitimate by CAMTC.
Massage Technician. Includes both a massage practitioner and a massage therapist.
Off-Premises Massage Service. Any business where a function of such business is to engage in or carry on massage, not at a fixed location but at a location designated by the customer, massage technician, or other person, and sometimes known as an out-call massage service.
Owner. Any individual who has any direct or indirect ownership interest in a massage establishment.
Sole Provider. A massage business where the owner owns 100 percent of the business, is the only person who provides massage for compensation at or for that business, and has no other employees, independent contractors or rent-space massage therapists.
Micromobility Device. A small, lightweight vehicle operating at a speed typically below 15 miles per hour and driven by the individual user, such as bicycles, e-bikes, and electric scooters.
Mixed Use Development. A development that consists of vertical or horizontal combination of residential and nonresidential uses within a single building or site.
Mobile Home. A transportable structure designed to be used as a dwelling unit when connected to required utilities, as defined by California Health and Safety Code section 18008.
Mulch. Any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite, left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.
Natural Land Slope. The average slope of a lot in the “H” Hillside Combining District in percent, see Section B.22.030 (Maximum Allowable Densities and Minimum Lot Sizes).
Natural Person. An individual and living human being, as opposed to a legal person which may be a private (e.g., business entity or non-governmental organization) or public (i.e., government) entity.
Nonconforming Building. A building or structure, or portion of a building or structure, lawfully existing and built in compliance with all City land use and zoning laws in effect at the time, and which does not comply with current standards in this Title, including but not limited to height, setbacks, floor area ratio, or maximum lot coverage.
Nonconforming Use. Any use of land or property that was lawfully established pursuant to all applicable ordinances and laws at the time the use commenced, but which, due to the application of this Title or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the use is located.
Occupation. A principal business, profession, or vocation in which one is regularly and habitually engaged for the purpose of compensation for a livelihood.
Openwork Design. Comprised of materials which results in a certain percentage of visual transparency within every square foot area, posts excluded.
Operator. A natural person who is the owner, lessee, or owner's agent to act on the owner's behalf to ensure compliance with this Title.
Outdoor Dining Area. Any outdoor area serving as an extension of the indoor customer seating area for a café or restaurant, which occupies space adjacent to the business that was formerly used for vehicle parking, pedestrian circulation, or similar use unrelated to the seating or customers.
Outdoor Music. Live music, both acoustic and amplified, including live individual musicians, bands, and disc jockeys (DJs), but not including karaoke, that takes place on a patio or other outdoor space.
Outdoor music as defined and regulated in this Title shall also include recorded background music played outdoors at a public establishment such as a restaurant, bar, retail store, or other business.
Owner/Occupant. Any person owning property, as shown on the last equalized assessment roll for City taxes, or the lessee tenant, or other person having control or possession of the property.
Parade. An organized group marching in procession on a street. Parades do not include races, runs or other athletic events (i.e., a physical or endurance activity such as races, runs, walkathons, bicycle tours, or similar events).
Parcel. A legal lot of record.
Parking Space, Bicycle. A space dedicated to the parking of bicycles that typically includes supports to which the bicycle may be attached.
Parking Space, Vehicle. A space within a building or a private or public parking area for the parking of one vehicle.
Parkway. The area between a sidewalk and the curb or traffic lane. It may be planted or unplanted, and with or without pedestrian egress.
Partially-Shielded Light Fixture. See “light fixture, partially-shielded”.
Paseo. A mall designed and used for pedestrian passage, including adjacent sidewalks, between two or more parallel streets and which is owned or controlled by the City.
Patio. A surfaced area (concrete, brick, stone, asphalt, pavers, or similar materials) for recreational outdoor living use, not for vehicular parking purposes.
Patio Cover. A one-story roofed structure open on one or more sides (provided, however, that the open sides may be closed with insect or plastic screening that is permeable material and not in any manner that would obstruct the free passage of light or air) used for recreational, outdoor living purposes only and not as carports, storage rooms, or habitable rooms.
Permittee. A person, company, corporation, or entity that has been issued a permit including owner(s) or lessee(s) of property or their agent(s), or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this Title, or the agent(s) of such persons, and all successors in interest.
Person. Any individual, partnership, joint venture, association, social club, fraternal organization, company, joint stock association, corporation, estate, trust, organization, business, business trust, public agency, school district, the State of California and its political subdivisions or instrumentalities, receiver, syndicate or any group or combination thereof, acting as a unit, including any trustee, receiver, or assignee.
Pervious. Any surface or material that allows the passage of water through the material and into the underlying soil.
Plaza. A public square or similar open area, including adjacent sidewalks, which is owned or controlled by the City.
Primary Use. The primary purpose for which a building, structure, or lot is designed, arranged, or intended, or for which they may be used, occupied, or maintained under this Title.
Principal Building. See “building, principal”.
Private Residence. See “residence, private”.
Property. All real property and fixtures, including, but not limited to, parking lots, sidewalks, gutters, driveways, walkways, and any building and structure located on such property.
Public Right-of-Way. As defined in Milpitas Municipal Code Section V-500-1.13 (Public Right-of-Way) of the Milpitas Municipal Code, the full width of the right -of-way of any street, as defined in the California Vehicle Code used by the general public, whether or not such street has been accepted as and declared to be part of the City system of streets, including streets forming a part of the State Highway System. Public right -of-way also includes easements where the City is the grantee of the easement and property owned by the City of Milpitas or the Milpitas Redevelopment Agency and any public park, trail, or right-of-way within the City of Milpitas.
Public Transit. As defined in California Government Code section 66313(l), a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. Examples include, but are not limited to, Altamont Commuter Express (ACE), Bay Area Rapid
Transit (BART), Alameda-Contra Costa (AC) Transit, Valley Transportation Authority (VTA) bus service and light rail, and paratransit.
Public Works Director. The Director of the Public Works Department of the City of Milpitas or designee.
Recreational Area. Areas, excluding private single-family residential areas, designated for active play, recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters, or golf courses . Also, “recreation area”.
Recyclable Material. Reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with the California Health and Safety Code.
Recycled Water. Treated or recycled wastewater of a quality suitable for non-potable uses such as landscape irrigation and water features, but not intended for human consumption.
Residence, Private. A house, an apartment unit, accessory dwelling unit, a mobile home, or other similar dwelling occupied for residential purposes.
Review Authority. The body or City staff person responsible for making decisions on zoning and related applications.
Setback. The distance between a property line and a building or structure that must be kept clear or open, except for the encroachments specifically permitted by this Title. See also Section A.6.060 (Measuring Setbacks).
Front Setback. The area extending the full width of the lot as measured from, and perpendicular to, a front lot line.
Interior Side Setback. The area extending from a front setback line to a rear setback line as measured from, and perpendicular to, an interior lot line.
Street Side Setback. The area extending from a front setback line to a rear setback line as measured from, and perpendicular to, a street side lot line.
Rear Setback. The area extending the full width of the lot as measured from, and perpendicular to, a rear lot line. Also see “lot lines” (rear lot line).
Slope. See “natural land slope”.
Special Event. Any indoor or outdoor event that consists of any combination of the following:
1. A parade or assembly consisting of persons, animals, and/or vehicles, which is intended to assemble or travel in unison on any street, and which does not comply with applicable traffic regulations, laws, or controls.
2. An organized assemblage of persons at a plaza, park, or paseo, gathered for a common purpose under the direction or control of a person or organization.
3. An activity which involves blocking off a street or other use of a street which obstructs the normal street traffic.
4. An activity or event on a public right -of-way, plaza, paseo, park , or private property which involves:
• The placement or erection of equipment or temporary structures, including but not limited to a booth, tent, canopy, stage, barricade, fencing, generator, heating equipment, sound amplifier, vehicle, or float;
• The use of live animals, fireworks, pyrotechnics, electrical power and/or cabling, or equipment or materials that can create a risk of damage to public or private property or injury to persons;
• Cooking or the sale, preparation for sale or commercial distribution of food or beverages; or
• The sale of commercial merchandise , excluding commercial special events and sales consistent with C.10.230.D.4 (Commercial Special Events and Sales).
5. Examples of Special Events include, but are not limited to, concerts, parades, carnivals, fairs, festivals, block parties, public dances, street fairs, community events, sporting or athletic events, parties, meals, mobile food vending events, celebrations, and receptions.
Special Event Venue. The outdoor area for which a Special Event Permit has been issued.
Specific Plan. A detailed plan for the development of a specific area as described in California Government Code section 65450. Specific plans are a tool to implement the General Plan. A specific plan documents the proposed distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, parks, and other essential facilities proposed to be located within or needed to support the land uses described in the plan, as well as implementation and financing methods and added benefits to the City and the community.
Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and ceiling next above it.
Street. A permanently reserved thoroughfare which affords principal means of access to abutting property.
Structural Alteration. Any change which would tend to prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams, or girders.
Structure. Anything constructed or erected, which requires location on the ground or is attached to something having a location on the ground.
Turf. A groundcover surface of mowed grass. Turf may be natural (e.g., annual bluegrass, Kentucky bluegrass, perennial ryegrass, Bermudagrass, Kikuyu grass, seashore Paspalum) or synthetic.
Two-unit Project. The development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot. Also known as an “SB 9 unit” (see California Government Code section 65852.21).
Universal Design. An environment, or dwelling unit, designed and built to be accessed and used by all persons, regardless of ability or mobility.
Usable Open Space. Any outdoor open space, consistent with Section C.2.090 (Open Space), and which is not used as storage or for movement of motor vehicles.
Urban Lot Split. The subdivision of an existing, legally subdivided lot into two lots as allowed by Milpitas Municipal Code Section XI-1-31 (Urban Lot Splits).
Use. The purpose for which land or a building is arranged, designed or intended, or for which either land or building is or may be occupied or maintained.
Use, Allowed. See “allowed use”.
Use, Primary. See “primary use”.
Valley Transportation Authority (VTA). The Santa Clara Valley Transportation Authority.
Vehicle Parking Space. See “parking space, vehicle”.
Walkway. A created surface, such as brick, stone, concrete, asphalt, pavers or similar material, intended to facilitate pedestrian or bicycle passage, and not used for vehicular parking purposes.
Wireless Telecommunications Terms.
Antenna. Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is operated or operating from a fixed location.
Base Station. A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this subpart or any equipment associated with a tower. • The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. • The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small -cell networks).
• The term includes any structure other than a tower that, at the time the relevant application is filed with the state or local government, supports or houses equipment described above that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing the support. • The term does not include any structure that, at the time the relevant application is filed with the state or local government, does not support or house equipment described in above.
Colocation. Mounting or installing a wireless telecommunication facility on a pre -existing structure; and/or modifying a structure for the purpose of mounting or installing a wireless telecommunications facility on that structure. For the purposes of eligible facilities requests, colocation means the mounting or installation of transmission equipment on an existing tower or base station.
Commercial Wireless Communication Facility. A wireless communication facility operated by a for- profit business or for-profit purposes.
Eligible Facilities Request. Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:
• Colocation of new transmission equipment;
• Removal of transmission equipment; or
• Replacement of transmission equipment.
Fixed Wireless Signal. Any commercial non -broadcast communications signals transmitted via wireless technology to and/or from a fixed customer location. Fixed wireless signals do not include, among other things, AM radio, FM radio, amateur (“HAM”) radio, CB radio, and Digital Audio Radio Service (DARS) signals.
Hub or Relay Antenna. Any antenna that is used to receive or transmit fixed wireless signals for the distribution of fixed wireless services to multiple customer locations as long as the antenna serves a customer on whose premises it is located but excludes any hub or relay antenna that is used to provide any telecommunications services or services that are provided on a commingled basis with telecommunications services.
Lattice Tower. A type of tower; a three- or more-legged structure designed and erected on the ground to support wireless telecommunication antennas and connecting appurtenances.
Monopole. A type of tower; a structure of single pole (non -lattice) design and erected on the ground to support wireless telecommunications antennas and connecting appurtenances.
Noncommercial Wireless Communication Facility. A wireless communication facility operated by a government agency, a nonprofit organization, a for-profit business for nonprofit purposes or a private citizen for personal use. This use includes all amateur radio facilities.
Satellite Dish or Non-Satellite Dish. A sub-type of antenna incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia shaped, and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, Television Receive Only (TVROs), and satellite microwave antennas.
Small Wireless Facilities. Facilities that meet each of the following conditions:
• The facilities:
- Are mounted on structures 50 feet or less in height including their antennas as defined in this Section;
- Are mounted on structures no more than 10 percent taller than other adjacent structures; or
- Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; • Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna), is no more than three cubic feet in volume; • All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre -existing associated equipment on the structure, is no more than 28 cubic feet in volume; • The facilities do not require antenna structure registration under 47 C.F.R. section 17.4; • The facilities are not located on Tribal lands, as defined under 36 C.F.R. section 800.16(x); and
• The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. section 1.1307(b).
Stealth Design. Improvements or treatments added to a wireless telecommunication facility which are intended to make the facility look like something other than a wireless tower or base station or to mask or blend the proposed facility into the existing structure or visual backdrop, in such a manner as to render it minimally visible to the casual observer.
Stealth Wireless Communications Facility. Any antenna that is designed to be architecturally integrated into a building and is architecturally consistent with the building design. Examples include a steeple, cupola or tower element on a building and do not include flag poles, monopoles or other structures designed to house antenna and resemble natural features.
Telecommunication Facility, Major. A communication facility that, due to size, scale, location, or other characteristics, is likely to have some detectable impact on adjacent us es or on the environment, including aesthetic or visual impacts, or that may have a cumulative impact citywide or on the regional environment due to the number of sites included or in combination with other projects. This definition includes freestanding antenna structures, including monopoles and towers, or the placement of a networ k of wireless communication facilities throughout an area onto existing structures, or other facilities which, as determined by the Director, warrant this classification.
Telecommunication Facility, Minor. A communication facility which by its size, scale, location, design, or combination of such measures, allows the facility to be aesthetically integrated into the surrounding environment so as not to be readily seen or recognized as a communication facility and is not likely to have some detectable impact on adjacent uses or on the environment.
Tower. Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.
Yard. See “setback”.
Zone. A specifically delineated area in the city within which regulations and requirements in this Title uniformly govern the use, placement, spacing, and size of land and buildings.
Zoning Administrator. The person designated to perform the duties and exercise the powers of the Zoning Administrator as set forth in this Title, or designee.
Chapter E.4 Definitions of Uses
This Chapter provides definitions for all uses established in the use tables in Part XIII-B (Zone Regulations).
Accessory Dwelling Unit (ADU). As defined by California Government Code section 66313, an ADU is an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence.
An ADU also includes an efficiency unit as defined in California Health and Safety Code section 17958.1 and a manufactured home as defined by California Health and Safety Code section 18007.
Accessory Dwelling Unit , Junior (JADU). A type of accessory dwelling unit defined by California Government Code section 66313 as a residential unit that is consistent with the following:
• Is no more than 500 square feet in size;
• Is contained entirely within an existing or proposed single-family structure; • Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed primary dwelling; and
• Includes an efficiency kitchen.
Accessory Use. A use that is customarily associated with, and is incidental and subordinate to, the primary use and located on the same lot as the primary use.
Adult-Oriented Business. See "adult-oriented business terms" in Chapter E.2 (Definitions of Terms).
Advanced Manufacturing. The use of innovative technologies to create existing and new products or to improve products and processes. Advanced manufacturing focuses on the rapid transfer of science and technology into production activities and may incorporate high technology elem ents such as information, automation, computation, software, sensing, artificial intelligence, machine learning, and networking. Advanced manufacturing may include storage space for raw materials and/or finished goods that actively supports the primary use.
Agriculture. See “cultivated agriculture.”
Agricultural Processing Plant, Commercial. Facility that transforms, processes, and packages livestock or livestock products, or agricultural commodities, into goods that are used for intermediate or final consumption including goods for nonfood use. Includes animal slaughter.
Agricultural Supply Sales. An establishment or place of business primarily engaged in the retail or wholesale sale from the premises of farm supply, feed, grain, fertilizers, pesticides, and similar goods as well as the provision of agriculturally related services with incidental s torage on a lot other than where the service is rendered.
Alcoholic Beverage Sales. Any beverage sales use that includes the sale of alcoholic beverages for off-premise consumption. This includes retail sales of liquor, beer, wine, and spirits and can be combined with a retail sales establishment such as a grocery store or convenience store, or it can be a stand-alone liquor store or wine shop.
Animal Husbandry. The care and raising of large livestock, including horses, cattle, swine, goats, sheep, alpacas, and similar animals. This includes any animal-related production uses incidental to the foregoing, such as grazing, grooming, shearing, and milking, but excludes animal slaughter, meat cutting and packing, stockyards or the commercial feeding of garbage or offal to swine or other animals.
Assembly. See “community assembly”.
Auto Broker. An auto dealer or auto buying service as defined in California Vehicle Code section 166, who engages in the business of arranging, negotiating, assisting, or effectuating the purchase of a new or used motor vehicle, not owned by the dealer, on behalf of another. This use is limited to office work and does not include storage or parking of vehicles onsite.
Bank and Credit Union. Financial institutions, including federally-chartered banks, savings associations, industrial loan companies, and credit unions that provide retail banking services to individuals and businesses. Includes only those institutions engaged in the on-site circulation of money, and whose deposits are insured by the state or federal government and/or a state or federal sponsored entity, including credit unions.
Bar or Nightclub. Businesses serving beverages for consumption on the premises as a primary use, including serving alcohol such as beer, wine, and spirits. Dancing and live entertainment may also be conducted within the establishment. This use does not include microbreweries. See “food preparation” for tasting rooms that are accessory and subordinate to a brewery, winery, or distillery.
Bed and Breakfast. A residential property with one or more bedrooms dedicated to rental for a fee for overnight lodging of periods of 30 consecutive days or fewer and where meals may be provided to guests. A bed and breakfast is typically either owner-occupied or has the manager or proprietor of the lodging business living on the premises. This use type excludes short-term rentals.
Boarding House. An establishment where housing is provided for compensation, generally for stays of more than 30 days, for up to eight persons. Boarding houses typically have individual rooms for guests, shared bathroom facilities, and a single common kitchen. Meals may be served for guests and included as part of the cost of lodging.
Breweries, Distilleries, and Wineries. An establishment engaged in the brewing, distilling, and production of beer, wine, or other spirits. Tasting rooms that are accessory and subordinate to a brewery, winery, or distillery may be included in this use. This use does not include microbreweries.
Business and Professional Office. Offices of firms or organizations providing professional, executive, business, management, or administrative services, including but not limited to accounting, architectural, computer software design, engineering, consulting, graphic design, insurance, interior design, real estate, legal, and tax preparations offices. Also includes co-working spaces designed to accommodate individuals and organizations that provide such services.
Business Support Services. Establishments primarily within structures that provide other businesses with ancillary services that further or facilitate the other businesses' primary activity, including but not limited to commercial art and design (production); copying and quick-printing services; equipment rental businesses within structures; janitorial services; mailbox rentals; mail advertising services (reproduction and shipping); outdoor advertising services; protective services (other than office - related); rental, repairs and distribution of office or business equipment; and window cleaning.
Caretaker’s Residence. A dwelling unit occupied by employees or caretakers of the primary use on the site.
Cemetery. Land used for the burial of the dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries only when operated in conjunction with and within the boundary of such cemetery.
Check Cashing Business. Establishments that, for compensation, engage in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification also includes the business of deferred deposits, whereby the check casher refrains
from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in Civil Code section 1789.33. Check cashing businesses do not include state or federally chartered banks, savings associations, credit unions, or industrial loan companies. They also do not include retail sellers engaged primarily in the business of selling consumer goods, such as consumables to retail buyers, that cash checks or issue money order incidental to their main purpose or business.
Child Care Center. Establishments providing non-medical care for children on a less than 24-hour basis other than large/small family child care homes. This classification includes licensed nursery schools, preschools, and day care facilities for children, and any other day care facility licensed by the State of California. This use does not include after school program, summer camp, and tutoring facilities.
Civic/Government. Governmental facilities not otherwise included in other land use types, such as court facilities and post offices, together with storage and maintenance of City and public agency vehicles.
Collection Facility. A center for the acceptance, by donation, redemption, or purchase, of recyclable materials from the public where limited sorting and storing of such items is conducted on-site.
College/University, Private. A private college or university, excluding trade or vocational schools.
Commercial Athletic Facility. A facility for physical fitness training or athletic type games and sports, such as but not limited to, health clubs, tennis, gymnasiums, handball courts, racquetball courts; also including ancillary uses when incidental to the primary use, such as but not limited to, steam baths, weight training, aerobic classes, massage, saunas, and the retailing of athletic supplies to be used in the facility.
Commercial Fueling Facility. See “fueling facility, commercial”.
Commissary or Catering. A fixed-location kitchen where food is stored and prepared for off-site vending or delivery. Commissaries may include shared-use commercial kitchens, private commercial kitchens, restaurant kitchens, and kitchens associated with civic and community organizations such as churches or social clubs. Also, includes catering service establishments.
Community Assembly. A facility for public or private meetings including clubs and lodges, community centers, senior centers, religious assembly facilities, convention centers, civic and private auditoriums, union halls, meeting halls for clubs and other membership organizations. This includes functionally related facilities for the use of members and attendees such as kitchens, multi- purpose rooms, and storage. It does not include gymnasiums or other sports facilities (see indoor sports and recreation) or facilities such as day care centers and schools, which are separately defined.
Major. Community assembly use that is over 2,000 gross square feet and has capacity for more than 200 seats.
Minor. Community assembly use that is 2,000 gross square feet or less and has capacity for no more than 200 seats.
Community Garden. Use of land for the cultivation, growing and harvesting of vegetables, herbs, flowers, and fruits, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity. Community gardens are typically owned and operated by public or non-profit agencies, and each garden plot is used and kept by an individual or a household. Excludes animal keeping or animal husbandry.
Construction Yard and Equipment Rental. Storage of construction materials or equipment on a site other than a construction site. Includes rental of large construction equipment and machinery. This classification may include parking/storage of contractor vehicles.
Convenience Store. A retail establishment selling food, beverages, and small convenience items such as personal hygiene products, cigarettes, magazines, and other everyday consumer items. Food and beverage products sold primarily consist of packaged and canned goods, prepared foods and hot drinks for immediate consumption, fountain beverages, etc., with less than 10 percent of net retail floor area allocated for the sale of fresh fruits, fresh vegetables, fresh meat and dairy products, and other similar perishable items. Convenience stores are smaller in floor area than supermarkets/grocery stores (typically 4,000 square feet or less) and have long or late hours of operation (open before 7:00 a.m. or after 10:00 p.m.).
Correctional Facility. A facility where people are held, generally as punishment for various crimes.
This includes the detention/incarceration of people awaiting trial and/or who have been convicted of civil or criminal offenses; inmates and detainees under 24-hour supervision by the California Department of Corrections and Rehabilitation; and juvenile detention facilities. This use also includes parole offices.
Court Dwelling. See “dwelling, court”.
Cultivated Agriculture. The planting, growing, and harvesting of crops or plants, or the preparation of land for this purpose, of more than one-half acre of land for viticulture, horticulture, pasturage, floriculture, or similar farming where a crop or final product is produced (but not necessarily offered for sale) for consumption. This use excludes community gardens.
Custom and Artisan Manufacturing. An establishment primarily engaged in on-site production of goods by hand manufacturing or artistic endeavor, which involves only the use of hand tools or small mechanical equipment and the incidental direct sale to consumers of only those goods produced on site. Includes, but is not limited to metalworking, pottery and ceramic studios, film processing, photo finishing, printmaking, lithography, glass furnace, or woodworking.
Data Center. A facility dedicated to the storage of computer and information technology systems and associated components for the storage, retrieval, and transmittal of electronic information.
Drive-Through Facility. A motor vehicle drive-through facility which is a commercial building or structure or portion thereof which is designed and/or used to provide goods and services to drivers while they remain seated in their vehicles. It includes, but is not limited to, banks and other financial institutions, fast food establishments, and pharmacies, but shall not include drive-in movies, service stations, or car wash operations.
Dwelling, Court. A residential development in which there are several freestanding single-family or two-family dwellings with separate walls clustered on a single lot. Units are typically arranged to face around a common open space or drive aisle. If subdivided, a maintenance agreement or homeowners association may govern common areas like driveways or open space.
Dwelling, Multi-Family. A building containing three or more dwelling units.
Dwelling, Single-Family. A dwelling unit designed for occupancy by one household, where all rooms are internally connected and internally accessible via habitable space, located on a separate lot from any other unit (except accessory dwelling units, where permitted), and have only one kitchen. This includes individual manufactured housing units installed on a foundation system pursuant to California Health and Safety Code section 18551, and the use of a single-family residential structure
as employee housing for six or fewer employees consistent with California Health and Safety Code section 17021.5.
Dwelling, Two-Family. A residential building containing two dwelling units, both of which are located on a single parcel. The dwelling units are attached and may be located on separate floors or side-by-side. Excludes accessory dwelling units (see “accessory dwelling unit”).
Elderly and Long-term Care. Establishment that provides 24-hour medical, convalescent, or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves, and is licensed by the California Department of Public Health. Includes, but is not limited to skilled nursing facilities, rest homes, and convalescent hospitals. Does not include a residential care facility or hospital.
Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay as set forth in the California Health and Safety Code section 50801(e), as may be amended.
Employee/Farmworker Housing. As described in California Health and Safety Code section 17021.6 and 17008, any employee housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household.
Family Child Care Home, Large. As defined by Health and Safety Code section 1596.78, a home in which the provider regularly provides care, protection, and supervision for up to 14 children for less than 24 hours per day.
Family Child Care Home, Small. As defined by Health and Safety Code section 1596.78, a home in which the provider regularly provides care, protection, and supervision for eight or fewer children for less than 24 hours per day.
Farmers’ Market. An establishment offering for sale produce, prepared food items, and other artisan/craft goods and merchandise by certified growers and producers authorized to sell, directly to consumers, products that are produced on land the producer controls or taken in consignment from other producers. Excludes flea markets.
Firearms Dealer. An establishment engaged in the selling, dealing in, trading, or transferring firearms.
Fleet-Based Service. Passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of three or more vehicles. This includes parking, dispatching, and offices for taxicab and limousine operations, ambulance services, non-emergency medical transport, home cleaning services, pedicab services, and similar businesses. This does not include towing operations (see “vehicle storage”), taxi or delivery services with two or fewer fleet vehicles on-site (see “business support services”), facilities that handle third party goods for local or worldwide delivery (see “freight and trucking yard”) or last mile parcel processing/redistribution facilities (see “parcel hub”).
Food and Beverage Processing and Preparation. Cooking, processing, packaging, bottling, and shipping of food products and/or non-alcoholic beverages for off-site sales. This does not include breweries, wineries, and distilleries; the slaughtering of live animals; or large-scale operations (see “commercial agricultural processing plant”).
Freight and Trucking Yard. Facilities that handle third party goods for local or worldwide freight, courier, local messenger, and postal services by truck or rail. This includes fulfillment centers and
parcel sorting centers, which provide storage and distribution of e-commerce products to consumers or end-users, either directly or through a parcel hub.
Fueling Facility, Commercial. A fueling facility designed for commercial customers which dispenses gasoline, diesel, or similar vehicle fuels, and which is not open to the general public, has no cash sales and provides no personal services on-site. This excludes mobile fueling.
Funeral Parlor and Mortuary. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of human remains and conducting memorial services.
Typical uses include a crematory or mortuary. This use does not include cemeteries.
Grocery Store, Large. Retail establishments that primarily sell food, but also may sell other convenience and household goods, and may include a delicatessen or specialty food shop, baked goods, frozen foods, fruits, vegetables, meats, cheeses, dairy, and prepared food, and which occupy more than 25,000 square feet of gross floor area, but not more than 80,000 square feet of gross floor area.
Grocery Store, Small. Retail establishments with gross floor area less than 25,000 square feet that primarily sell food products, such as fresh fruits and vegetables, meats and seafood, dairy products, baked goods, packaged and prepared foods, and frozen foods, but that may also sell other convenience and household goods. May also include a delicatessen or other specialty food shop.
Group Living Accommodation. A building or portion of a building designed for or accommodating a residential use by persons not living together as a household. This use includes dormitories, convents and monasteries, and other types of organizational housing. This use does not include residential care facilities, nursing homes, hotels, single-room occupancy residences, or boarding houses, which are defined separately. Group living accommodations typically provide shared living quarters without separate kitchen or bathroom facilities for each room or unit.
Guest Ranch. Short-term lodging provided to visitors on property where agricultural activities take place (e.g., animal husbandry, cultivated agriculture) and that is not considered to be another lodging uses.
Home Occupation. A commercial use conducted on residential property by the inhabitants of the subject residence, which is incidental and secondary to the residential use of the dwelling.
Hospital. A state-licensed facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors.
Hotel. A commercial establishment providing lodging accommodations for a fee for transient guests, generally for stays of 30 days or fewer, with access to rooms or units primarily from interior lobbies, courts or halls. A hotel may include limited facilities for storage and preparation of food and beverages within individual rooms, such as coffee makers, mini refrigerators and microwave ovens.
Indoor Entertainment. Predominantly spectator uses conducted within an enclosed building. Typical uses include movie theaters, enclosed sports arenas, live performing arts venues, escape rooms, and video game activities and competitions such as e-sports.
Indoor Sports and Recreation. Predominantly participant sports conducted within an enclosed building. Typical uses include indoor bowling alleys, billiard parlors, ice and roller skating rinks, go- kart tracks, indoor shooting ranges, and trampoline parks. Excludes operations where activities are primarily class- or appointment-based such as yoga studios and personal trainers.
Industry, General. Manufacturing of products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials, where operations are conducted primarily within an enclosed building. Includes, but is not limited to operations such as biomass energy conversion; textile mills; furniture and related product manufacturing; photographic processing plants; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; plastics and rubber products manufacturing; and nonmetallic mineral product manufacturing.
Industry, Heavy. Manufacturing of products that include petroleum products, metals and/or metal processing, and hazardous chemicals. Includes automobile assembly and manufacturing and tire retreading or recapping.
Industry, Light. Establishments engaged in light industrial activities taking place primarily within enclosed buildings and producing minimal impacts on nearby properties. Includes, but is not limited to, operations such as manufacturing finished parts or products primarily from previously prepared materials; commercial laundries and dry cleaning plants; mobile home manufacturing; monument works; printing, engraving and publishing; electronics manufacturing not included under advanced manufacturing; and production apparel manufacturing.
Instruction Services. An establishment that offers specialized programs in improvement, information, and personal growth and development such as photography, fine arts, crafts, music, yoga, martial arts, dance, driving schools, health and wellness, and academic tutoring. Attendance is typically limited to hourly classes rather than full-day instruction. These establishments do not grant diplomas or degrees, though instruction may provide credits for diplomas or degrees granted by other institutions. Retail sales are permitted as an accessory use.
Group. Group instruction includes 10 or more students or clients at any one time.
Private/Small Group. Private instruction includes fewer than 10 students or clients at any one time.
Intermediate Processing Facility. A facility that receives, sorts, compresses or bales, and stores recyclable materials for efficient transfer to other processing facilities or to an end user.
Junior Accessory Dwelling Unit. See Accessory Dwelling Unit, Junior.
Kennel. Facilities for keeping, boarding, training, breeding, or maintaining for commercial purposes, four or more dogs, cats, or other household pets more than four months of age and not owned by the kennel owner or operator for 24 hours or more.
Large Format Retail. Retail establishments over 80,000 square feet in size that sell merchandise and/or bulk goods primarily for individual consumption, including, but not limited to, department stores, home improvement stores, membership warehouses which emphasize bulk sales to the general public as well as to other businesses, and other big box format stores. Large format retail uses may include a grocery store sales component. Excludes home improvement stores with outdoor nursery or garden centers (see nursery and garden center).
Library/Museum. Public or quasi-public facilities primarily engaged in the display or preservation of objects of interest in the arts or sciences that are open to the public on a regular basis. Includes, but is not limited to aquariums, arboretums, art galleries and exhibitions, botanical gardens, historic sites and exhibits, libraries, and museums. May also include accessory retail uses such as gift/book shops, and restaurants.
Live-Work Unit. An integrated housing unit and working space that has been constructed for such use or converted from commercial or industrial use and structurally modified to accommodate residential occupancy and work activity in compliance with the California Building Code. Living space includes, but is not limited to, a sleeping area, a food preparation area, and a full bathroom. The working space is reserved for and regularly used by one or more occupants of the unit.
Low Barrier Navigation Center. Consistent with California Government Code section 65660, a service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health, shelter, and housing services.
Maintenance and Repair Services. Establishments engaged in the maintenance or repair of office machines, household appliances, furniture, and similar large items. This classification excludes maintenance and repair of vehicles or boats (see vehicle repair and maintenance) and personal items such as apparel, shoes, and jewelry (see Repair/Cleaning/General Services, Small).
Massage Establishment. Any establishment having a fixed place of business where any person, firm, association, partnership, corporation, or other entity engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on, any massage for compensation. Also includes, but is not limited to, any business providing off-premises massage services.
Massage Establishment, Accessory. An establishment that provides massage which is incidental to the primary business, where the owner of the primary business is responsible for the massage services and conduct of the massage technician(s) employed at the location.
Medical Office/Clinic. Office use providing consultation, diagnosis, therapeutic, preventive, or corrective medical treatment services by doctors, dentists, chiropractors, optometrists, psychotherapists, alternative healing practitioners such as acupuncturists, and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California.
Incidental medical and/or dental laboratories and research within the office that supports the on- site patient services is considered part of the office use. This use includes urgent care facilities.
Excludes independent research laboratory facilities and hospitals (see medical support laboratory and see hospital).
Medical Support Laboratory. A facility for scientific laboratory analysis of medical resources. The analysis is generally performed for medical providers to support the medical provider's work on behalf of patients.
Microbreweries. A limited production brewery where beer is brewed, sold, and consumed on site and meets all applicable California Department of Alcoholic Beverage Control regulations. This use includes tasting rooms where alcoholic beverages are sold and consumed on site. Food service is subordinate to the sale of alcoholic beverages.
Mini-Storage or Self-Storage. Facilities offering enclosed storage with individual access for personal affects, furniture, and household goods. Typical provided in small individual units (e.g., 400 square feet or less) that are available for rental by the general public.
Mining and Quarrying. An operation that extracts gravel, sand, other construction aggregates, or minerals from the ground. Includes quarries and gravel pits.
Mobile Food Vending. The selling or offering to sell products from a mobile food vehicle, which includes the following uses:
Ice Cream Truck. A motorized vehicle selling ice cream or other frozen dairy or non-dairy dessert products on streets and in other public places.
Mobile Food Park. Site with two or more mobile food vehicles located together on the same parcel and operating at the same time for more than seven consecutive days.
Mobile Food Vending (Individual Vehicle). A motorized, wheeled vehicle or towed vehicle designed and equipped to store, prepare, serve and sell food, but which does not include ice cream trucks or mobile food vending wagons or pushcarts as regulated in Milpitas Municipal Code Subsection V-100-10.11 (Unlawful Parking—Peddlers, Vendors).
Mobile Fueling. A commercial service that offers on-demand fueling of motor vehicles at a specified location instead of at a service station. Mobile fueling may be provided to individual customers via the use of a mobile app, with fuel delivered to a home, office, or other location requested by the customer. Mobile fueling may also be provided for operators of fleet vehicles at a fixed, semi- permanent or permanent location.
Mobile Home Park. A development designed for and occupied by manufactured/mobile housing units consistent with the requirements of California Health and Safety Code section 18200 to 18700.
A mobile home park includes facilities and amenities used in common by occupants who rent, lease, or own spaces for mobile home units/spaces through a subdivision, cooperative, condominium, or other form of resident ownership.
Motel. A building or group of attached or detached buildings providing lodging accommodations for a fee for transient guests, for stays of 30 days or fewer, with access to each room or unit through an exterior door. Motels are distinguished from hotels primarily in that the former provide direct independent access to, and adjoining parking for, guest rooms and do not provide 24-hour guest services.
Multi-Family Dwelling. See “dwelling, multi-family”.
Nursery and Garden Center. An establishment primarily engaged in selling nursery and garden products, such as trees, shrubs, plants, seeds, bulbs, and sod that are predominantly grown offsite.
This classification includes commercial and wholesale greenhouses and nurseries offering plants for sale.
Outdoor Entertainment. Predominantly spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include outdoor theaters, partially enclosed sports arenas, racing facilities, outdoor concert facilities, amphitheaters, drive-in movie theaters, aquatic parks, and amusement parks.
Outdoor Sports and Recreation. Predominantly participant sports conducted in open or partially enclosed or screened facilities. Typical uses include commercial driving ranges, outdoor shooting and/or archery ranges, miniature golf courses, golf courses, outdoor go-karts, swimming pools, and tennis courts. This use excludes public golf courses, public swimming pools, and public tennis court or other public sport court facilities (e.g., basketball, pickleball, etc.) (see “park/playground”); and excludes common recreational facilities as accessory to a multi-family residential project or use.
Parcel Hub. A ‘last mile’ facility warehouse or similar establishment for the processing and/or redistribution of parcels or products to end-user customers. A parcel hub’s primary function is
moving a shipment from one mode of transport to vehicles with rated capacities less than 10,000 pounds, for delivery directly to consumers or end-users primarily within a 10-mile radius.
Park/Playground. Parks, playgrounds, trails, wildlife preserves, and related open spaces. This includes public playing fields, sports courts, picnic facilities, and related food concessions or community recreational buildings and structures.
Parking Lot. Open parking area(s) provided on property other than a public street, alley, or right-of- way that is the primary use on the lot (i.e., the parking lot is not providing the required off-street parking for land uses on the lot). May include park and ride lots. Use of the parking lot may be subject to a fee.
Parking Structure. A building or structure containing parking spaces that is the primary use on the lot (i.e., the parking structure is not providing the required off-street parking for land uses on the lot). May be located above or below grade, and use of the parking structure may be subject to a fee.
May include park and ride structures.
Pawnbroker. A place of business where personal property is received and for which money is advanced, with the right of privilege granted to the person to whom said money is advanced to reclaim such property upon repayment of said money.
Personal Services. A commercial establishment which provides services of a personal or aesthetic nature directly to consumers, including but not limited to barber and beauty shops, nail salons, tanning salons, hair removal salons, tattoo and body piercing studios, spa/wellness center (excluding massage establishments), medical spas, and personal trainers.
Pet Day Care and Sales. Facilities for providing non-medical care for four or more dogs, cats, or other household pets not owned by the pet day care owner or operator , included but not limited to grooming services, on a less than 24 -hour basis. This use includes retail sales of household pets and pet supplies, but excludes pet supply stores that do not sell animals or provide on-site animal services.
Also excludes home-based pet day care services for a fee, such as dog walking services.
Primary Processing Facility. A facility that processes recyclable materials and acts as a final destination for recyclable materials.
Public Safety. Facilities providing public safety and emergency response services, including police and fire protection, with incidental storage, training, and maintenance facilities.
Public Utility. Facilities for the production, storage, treatment, transmission and/or distribution of electricity, natural gas, water, wastewater, and telecommunications and other similar essential services. Also includes service facilities, electric transmission and distribution substations, and public utility service centers.
Repair/Cleaning/General Services, Small. A commercial establishment that performs cleaning, repair, and alteration of small consumer and household items, including but not limited to dry cleaning pick- up stores without equipment that uses chemical solvents, laundromats (self -service laundries), photocopying and photo finishing services, tailor shops, watch and jewelry repair, shoe repair, home electronics repair, and locksmiths. Does not include repair of vehicles or boats (see vehicle repair and maintenance), personal services (see personal services), or maintenance and repair of large or bulky items (see maintenance and repair services).
Research and Development (R & D). Industrial or scientific research for the design, development, engineering and testing of high technology, clean technology, industrial, or scientific products. May include limited manufacturing as necessary for the production of prototypes, but excludes the full-
scale manufacturing of final products. May also include storage space for raw materials and/or finished goods that actively supports the primary use.
Residential Care Facility. Consistent with Health and Safety Code section 1502, a facility licensed by the State of California to provide living accommodations and 24-hour care for persons requiring personal services, supervision, protection, or assistance for sustaining the activities of daily living.
Living accommodations are group homes or shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions.
Resilience Hub. A community-serving facility designed to support residents and coordinate resource distribution and services before, during, or after a natural hazard event. Resilience hubs provide information as well as services and supplies, including but not limited to community gathering space, emergency supplies, basic medical care, internet access, and electronic device charging. They are typically outfitted with a solar and back-up battery storage system that can operate off the power grid and maintain power to the facility during grid outages.
Restaurant, Full Service. Restaurants that provide cooked-to-order food and beverage services to patrons who order and are served while seated and pay after eating. Takeout service may also be provided.
Restaurant, Limited Service. Establishments where food and beverages may be consumed on the premises, taken out, or delivered, but where no table service is provided. This includes, but is not limited to cafeterias, fast-food restaurants, carryout sandwich shops, limited-service pizza parlors and delivery shops, self-service restaurants, snack bars, and takeout restaurants. This use includes cafes, coffee shops, and bakeries with a retail storefront component.
Restaurant with Alcohol Service. Either a limited service restaurant that includes beer and wine service for on-site consumption and/or has a separate bar area; or a full service restaurant that includes liquor service for on-site consumption, and/or has a separate bar area.
Retail, Limited. An establishment which offers the sale of a limited line of merchandise that is generally necessary or desirable for everyday living or everyday business activities. Examples include small grocery stores offering primarily prepared or pre-packaged food and beverage items, small drugstores and variety stores, small stationery, office supply stores, shops selling other small household goods, and walk-out retail stores. This classification excludes convenience stores.
Retail Stores, General Merchandise. The retail sale or rental of merchandise not specifically listed under another use definition. This includes department stores, clothing stores, furniture stores, pharmacies, pet supply stores, flower shops (florist), art supply stores, music stores, book stores, and other businesses retailing (or renting) toys, hobby materials, handcrafted items, formalwear, music equipment and instruments, jewelry, cameras, candy, gifts and novelties, electronic equipment, sporting goods, hardware, appliances, antiques, art, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories, excluding vehicle service and installation (see vehicle repair and maintenance). Excludes large format retail and other sales-related uses more specifically described in other use definitions.
Riding Academy and Public Stables. Stables leased for the keeping of horses which may also include areas for horse riding and horse riding lessons.
Salvage and Wrecking. The dismantling of wrecked or decommissioned vehicles, appliances, or other metal products where usable parts are sold for use in operating vehicles and the unusable metal parts are sold to metal-recycling companies.
School, Private. A private institution of learning for students offering instruction in those courses of study required by the California Education Code and maintained in compliance with the standards set by the State Board of Education. This use includes kindergarten, elementary school, middle or junior high school, or high school.
School, Public. A public institution of learning for students offering instruction in those courses of study required by the California Education Code and maintained in compliance with the standards set by the State Board of Education. This use includes kindergarten, elementary school, middle or junior high school, and high school.
Service Station. Any premises used for supplying automotive fuel and oil at retail, direct to the customer, including minor accessories and services for automobiles such as tire air pumps and window washing, but not including automobile repairs.
Short-Term Rental (STR). The use of a dwelling unit, including, without limitation, a single-family, two-family, or multi-family dwelling unit, mobile home, or any portion of such dwellings, rented for occupancy for dwelling, lodging, or sleeping purposes for a period of 30 or fewer calendar days, counting portions of days as full calendar days.
Single-Family Dwelling. See “dwelling, single-family”.
Single-Room Occupancy (SRO) Residence. A multi-tenant building consisting of single room dwelling units that are the primary residence of its occupants, containing either individual or shared kitchen and bathroom facilities. These units are small, generally less than 350 square feet.
Smoke/Tobacco Shop. A retail establishment primarily engaged in the selling of smoking and tobacco products and accessories, and other products, devices and components reasonably assumed to be used for smoking and/or the inhalation or ingestion of any substances. Tobacco products may include but are not limited to cigarettes, cigars, loose leaf tobacco, tobacco pipes, electronic smoking devices and accessories, vaporizers and accessories and any other product, device or component used in the inhalation of tobacco, nicotine or other substance. For the purposes of this definition only, "primarily engaged" means when 30 percent or more of products sold at the retail establishment are smoking and tobacco products and accessories, and other products, devices and components reasonably assumed to be used for smoking and/or the inhalation or ingestion of any substance.
Supportive Housing. Consistent with California Health and Safety Code section 50675.14, housing with no limit on length of stay, that is occupied by the target population as defined in U.S.C. section 11302 of Title 42, and that is linked to on -site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.
Temporary Use. A use established for a specified period of time, with the intent to discontinue the use at the end of the designated time period.
Trade and Vocational School. An establishment where postsecondary education or training is received in a trade or craft, business, commerce, language, or other similar activity or occupational pursuit that is not otherwise described as a college/university, school, or instruction services. This use includes culinary schools.
Transitional Housing. Consistent with California Government Code section 65582, buildings configured as rental housing developments but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program
recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.
Transportation Passenger Terminal/Facility. Facilities for passenger transportation operations, including rail stations, bus terminals, and associated service facilities, but does not include terminals serving airports or heliports.
Two-Family Dwelling. See “dwelling, two-family”.
Vehicle Rental. Establishment providing for the rental of automobiles. Includes rental of passenger vehicles and light trucks/vans under 14,000 pounds and incidental repair/servicing and cleaning of rental vehicles. This use does not include car-sharing operations.
Vehicle Repair and Maintenance, Major. Repair of automobiles, trucks, motorcycles, motor homes, boats and recreational vehicles, including the sale, installation, and servicing of related equipment and parts. This classification includes the servicing and repair of engines, body and fender, transmission, axels, wheels and brake, tire sales and installation, tire treading and recapping, and vehicle painting. Excludes vehicle dismantling or salvaging (see “ salvage and wrecking ”) and tire retreading or recapping (see “industry, heavy” ). All activit ies listed under Vehicle Repair and Maintenance, Minor may also be included in major uses.
Vehicle Repair and Maintenance, Minor. The service and repair of automobiles, light -duty trucks, boats, and motorcycles, including the sale, installation, and servicing of related equipment and parts.
This classification includes the replacement of small automotive parts and liquids as an accessory use to an automotive accessories and supply store, and quick -service oil, tune-up and brake and muffler shops, auto glass sales and replacement, window tinting, stereo and alarm sales, and tire sales where repairs are made or service provided in enclosed bays and no vehicles are stored overnight. This classification excludes disassembly, removal or replacement of major components such as engines, drive trains, transmissions or axles; automotive body and fender work, vehicle painting or other operations that generate excessive noise, objectionable odors, or hazardous materials, and repair of heavy trucks, limousines, or construction vehicles (see “ vehicle repair and maintenance, major ”). It also excludes towing services (see “vehicle storage”) and fueling stations (see “service station”).
Vehicle Sales and Leasing. Sale or lease, retail or wholesale, of automobiles, light trucks, motorcycles, motor homes, and trailers, together with associated incidental repair services and parts sales, but excluding body repair and painting. Includes, but is not limited to, automobile dealers and recreational vehicle sales agencies.
Vehicle Sales, Limited. A small-format showroom for the retail sale of automobiles and light trucks, typically within a retail storefront setting. Uses can i nclude storage of no more than five vehicles onsite for display and/or test driving, which may be stored either indoors or outdoors on the same lot. Incidental vehicle repair services and parts sales are not permitted.
Vehicle Storage. The use of a site for the short- or long -term storage of automobiles, trucks, motorcycles, and/or other vehicles. Includes towing and impound lots.
Vehicle Washing. Washing, waxing, detailing, and/or cleaning of automobiles or similar light vehicles, including self-serve washing facilities.
Veterinary Clinic. Medical care for household pets on a commercial basis with no overnight (24-hour) accommodation of animals.
Veterinary Hospital or Services. Medical care for household pets on a commercial basis with 24-hour accommodation of animals, but does not include kennels. Also includes overnight (24 -hour) accommodation of small animals for grooming services.
Warehousing and Distribution. A facility, primarily within an enclosed building, for the storage of commercial or industrial goods, products and materials and the associated on -site sorting, packing, staging, shipping, receiving, and distributing of goods to wholesale and retail outle ts, including ancillary truck parking and dispatching. Also includes long -term, passive storage of furniture, household goods, or other commercial goods; and of industrial equipment, products, and materials.
Warehousing and distribution facilities may include, but are not limited to, wholesale distribution, distribution centers, moving and transfer storage, cross -dock facilities, package handling centers, order fulfilment centers, and logistics centers. Excludes storage of raw materials and/or finished products as part of an active primary use (e.g., advanced manufacturing uses; general industry uses; light industry uses; research and development uses). Excludes parcel hubs.
Wholesale Sales. The selling and/or distributing of merchandise to retailers; industrial, commercial, or institutional buyers; or other wholesalers; or acting as agents or brokers in the buying and selling of merchandise to or for such entities.
Wireless Telecommunications Facility . A facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, telecommunication towers or similar structures supporting the equipment, equipment buildings, parking area and other accessory development. Also see wireless telecommunications terms in Chapter E.2 (Definitions of Terms).
Chapter E.6 Definitions of Sign Terms
This Chapter provides definitions for signs referred to in Chapter C.8 (Signs).
Abandoned Sign. A sign that identifies a business, lessor, owner, product, service, or activity that is no longer on the premises where the sign is displayed.
Changeable Copy. A portion of a permanent sign that is designed so that characters, letters, numbers, or illustrations can be manually or mechanically changed or rearranged without altering the face or surface of the sign.
Flag. A fabric sheet of square, rectangular, or triangular shape that is typically mounted on a pole.
Fluorescent Colors. The range of colors created through a synthetic pigmentation process in which ultraviolet light is absorbed and emitted at a different range within the color spectrum of the individual colors.
Freestanding. A permanent sign that is erected or mounted on its own self-supporting permanent structure or base detached from any supporting elements of a building.
Impact Resistive Plastic. Any plastic material capable of resisting 50 foot pounds of force as tested in accordance with American National Standards Institute (ANSI) and Underwriters Laboratory (UL) 972 Multiple Impact Test or any similar test procedure.
Incidental Sign. A sign which provides incidental information, including security, credit card acceptance, business hours, open/closed, directions to services and facilities, or menus.
Light-Emitting Diode (LED). A semiconductor diode that emits light when a voltage is applied to it.
Logo. A stylized group of letters, words, numbers, or symbols used to represent and distinguish a business or product.
Neon. An illumination source created when a glass tube filled with neon or other similar gas emits light when energized. The tube can be bent to form letters, symbols, or other shapes.
Pan Channel Letters. A specific type of permanent sign letter consisting of a metal pan enclosure fabricated in the shape of a letter. The metal pan enclosure is used to house the lighting and electrical components of the letter and can be mounted directly to wall of a building. The sign face is usually made of colored plastic attached to the metal pan to seal it off from pests and harsh weather.
Pan Channel Letters, Reverse. A specific type of sign letter consisting of a metal pan enclosure fabricated in the shape of a letter, numeral, or other shape in which the metal pan enclosure is used to house the lighting and electrical components of the letter and can be mounted directly to a wall.
The sign face is made of the same solid opaque materials as the sides of the letters so that the front and sides of the sign letters do not emit light (e.g., halo-lit or reverse-lit signs).
Raceway. A metal electrical enclosure that forms a physical pathway for electrical wiring and components. An electric-sign raceway may serve as a visible mounting structure for a wall sign attached to the front of a storefront fascia.
Sign. A structure, device, figure, display, message placard, or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended, or used to advertise, provide information in the nature of advertising, provide historical, cultural, archeological, ideological, political, religious, or social information, or direct or attract attention to an object,
person, institution, business, product, service, message, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, or illumination.
Permanent Sign. A sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.
Awning Sign. Any permanent sign that is part of or attached to an awning, or other fabric, plastic or structural protective cover located over a door, entrance, window, storefront, or outdoor service area.
Billboard Sign. A permanent, l arge format advertising displays or signs intended for viewing from extended distances, generally more than 50 feet.
Blade Sign. A permanent sign mounted to the wall of building by means of a bracket and which is typically hung perpendicular to the wall of the building.
Canopy Sign. A permanent sign that is painted on or mounted to a canopy, typically used to accent building entries.
Directional Sign. A permanent sign erected to inform the viewer of the approximate route, direction, or location of a facility or tenant.
Directory Sign. A permanent sign on a multi-tenant site or building providing information including a list of tenants and occupants, addresses, and suite numbers or a map of the building or complex. These signs are typically internal to a site and oriented to pedestrians or motorists circulating in a parking lot rather than vehicles travelling on a public street.
Electronic Message Sign. A permanent sign or portion of a sign that utilizes computer - generated messages or some other electronic means of changing its characters, letters, numbers, illustrations, display, color, and/or light intensity, including animated graphics and video, by e lectronic or automatic means. A single- or two-color LED sign is not an electronic message sign.
Monument Sign. A permanent freestanding sign, with a solid base that is at least 60 percent of than the width of the sign face.
Post Sign. A permanent sign mounted on either a single post or two or more posts.
Projecting Sign. A permanent sign that is perpendicular to the face of a building and projects outward from the building face.
Service Station Island Canopy Sign. A permanent sign mounted on or under a service station island canopy, including on a fascia.
Wall Sign. A permanent sign attached directly to an exterior wall or fascia of a building or structure, with the exposed face of the sign parallel to the plane of the wall or the fascia to which it is attached.
Window Sign, Permanent. A permanent sign posted, painted, placed, or affixed in, on, or within a window, or otherwise exposed to public view through a window. Also see window sign, temporary.
Portable Sign. A sign not permanently attached to the ground, a building, structure, or other immovable object.
A-Frame or Upright Sign. A portable pedestrian-oriented sign constructed with two sides that is self-supported.
Feather Banner. A portable sign that is taller than it is wide and made of a flexible material (typically cloth, nylon, or vinyl) and mounted to a pole.
Sign Walker. A person attired or decorated with insignia, images, costumes, masks, or other symbols that display messages with the purpose of drawing attention to or advertising for an on-premise activity. Such person may or may not be holding a sign. Sign walkers may be also referred to as human mascots, sign spinners, or human signs.
Window Sign, Temporary. A temporary sign posted, painted, placed, or affixed in, on, or within a window, or otherwise exposed to public view through a window.
Yard Sign, Type I. A small portable sign typically constructed of corrugated plastic and supported on an H-shaped wire frame.
Temporary Sign. A sign intended for limited period of display which is not permanently affixed to a structure or window.
Balloon Sign. A temporary sign that is an air inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or a structure, and equipped with a portable blower motor that provides a constant flow of air into the device. Balloon signs are restrained, attached or held in place by a cord, rope, cable, or similar method. See also the definition for air-activated graphics.
Banner Sign. A temporary sign constructed of cloth, bunting, plastic, paper, or similar material and securely attached to a wall or support structure. Flags are not considered temporary banners.
Yard Sign, Type II. A temporary sign mounted on a single post installed securely in the ground with a small sign hanging from a cross-bar mounted parallel to the ground.
Yard Sign, Type III. A temporary sign that is large and typically wooden which is mounted on two posts installed securely in the ground.
Sign Program. A specific set of design standards established for the purpose of unifying the design and appearance of a variety of signs associated with a multi-tenant or multi-use project, building, or complex of buildings.
Sign Projection. The distance by which a sign extends over public property or beyond the building line.
Sign Surface. The surface of the sign upon, against or through which the message is displayed or illustrated.
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ECTION 5. REPEAL OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10 T
itle XI, Chapter 10 (Zoning) of the Milpitas Municipal Code is hereby repealed.
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ECTION 6. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE I, CHAPTER 1, SUBSECTION 4.02
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itle I, Chapter 1, Subection 4.02 (Titles Contained in the Code) of the Milpitas Municipal Code is hereby amended to read as follows:
I-1-4.02 Titles Contained in the Code
Said Milpitas Municipal Code shall consist of the following titles:
Title I ADMINISTRATION
Title II BUILDING REGULATIONS
Title III BUSINESS AND PROFESSIONS
Title IV FINANCIAL
Title V PUBLIC HEALTH, SAFETY AND WELFARE
Title VI PERSONNEL
Title VII PUBLIC UTILITIES
Title VIII PUBLIC WORKS
Title IX REVENUE AND TAXATION
Title X STREETS AND SIDEWALKS
Title XI PLANNING AND ANNEXATION
Title XII HOUSING
Title XIII ZONING
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ECTION 7. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE II, CHAPTER 8 T
itle II, Chapter 8 (Fence Regulations) of the Milpitas Municipal Code is hereby amended to read as follows:
Chapter 8 - FENCE REGULATIONS (Repealed. See XIII-C.2.040)
SECTION 8. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE III, CHAPTER 6, SECTION 2
Title III, Chapter 6, Section 2 (Definitions) of the Milpitas Municipal Code is hereby amended to read as follows:
III-6-2 Definitions
Unless a particular provision or its context otherwise requires, the definitions and provisions contained in this Section shall govern the construction, meaning, and application of words and phrases used in this Chapter:
(a) "Act" means the Massage Therapy Act (Business and Professions (B&P) Code Section 4600, et seq.), as amended.
(b) "Applicant" means the permit applicant and each owner. (c) "California Massage Therapy Council" or "CAMTC " means the California Massage Therapy Council established under Business and Professions Code section 4602. (d) "Certified massage practitioner" or "massage practitioner" means a person who is currently certified as a massage practitioner by the CAMTC pursuant to Business and Professions Code sections 4604.1 and/or 4604.2.
(e) "Certified massage therapist" or "massage therapist" means a person who is currently certified as a massage therapist by the CAMTC pursuant to Business and Professions Code section 4604. (f) "Chief of Police" means the Chief of Police of the City of Milpitas Police Department, or his or her designee.
(g) "Compensation" means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value. In addition to accepting other forms of compensation, a person may be deemed to have received compensation for performing a massage when the massage is offered as part of a membership, as part of a package of services or as incidental to the purchase of a product.
(h) "Employee" means any person hired by a massage establishment who renders any service for the business/owner in exchange for any form of compensation from the business, including independent contractors.
(i) "Managing officer/employee" means a person that can or does have or share ultimate control over the day-to-day operations of a business.
(j) "Massage" means any method of treating the external parts of the body, usually with the hands, so as to stimulate circulation and make muscles or joints supple, or relieve tension, for remedial, or health purposes offered in return for any form of compensation. Methods of massage include, but are not limited to, stroking, kneading, rubbing, tapping, pounding, or stimulating the external parts of the body with or without the aid of any mechanical or electrical apparatus or appliances.
Massage may occur w ith or without supplementary aids, such as rubbing alcohol, liniments,
antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations commonly used in this practice; or by baths, including but not limited to, Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath. Massage includes the application of various manipulation or touch techniques to the muscular structure and soft tissues of the human body as defined in the Act, Business and Professions Code section 4601(e), and recognized as legitimate by CAMTC.
(k) "Massage establishment" means any establishment having a fixed place of business where any person, firm, association, partnership, corporation or other entity engages in, conducts, or carries on, or permits to be engaged in, conducted or carried on, any massage for compensation. For the purpose of this Chapter, the term "massage establishment" shall also include, but not be limited to, any business providing off-premises massage services.
(l) "Massage technician" means and includes both a "massage practitioner" and a "massage therapist" as defined by this Chapter.
(m) "Off-premises massage service" means any business where a function of such business is to engage in or carry on massage, not at a fixed location but at a location designated by the customer, massage technician, or other person, and sometimes known as an out-call massage service. (n) "Owner" means any individual who has any direct or indirect ownership interest in a massage establishment.
(o) "Permit" means a Massage Establishment Permit issued pursuant to this Chapter. For purposes of this Chapter, the term "permit" shall not be used to refer to a business license issued by the Finance Department or to any permit or approval issued pursuant to Milpitas Municipal Code Title XIII, unless the specific context provides otherwise.
(p) "Permittee" means the applicant and each owner(s) who has been issued a massage establishment permit or off-premises massage service permit.
(q) "Rent-space massage therapist" means a person who provides massage at a massage establishment but is not an employee of the business.
(r) "Sole provider" means a massage business where the owner owns 100 percent of the business, is the only person who provides massage for compensation at or for that business, and has no other employees, independent contractors or rent-space massage therapists.
SECTION 9. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE III, CHAPTER 6, SECTION 6
Title III, Chapter 6, Section 6 (Massage Establishment Permit) of the Milpitas Municipal Code is hereby amended to read as follows:
III-6-6 Massage Establishment Permit
(a) Any person desiring to obtain a Massage Establishment Permit shall file a written application with the Chief of Police on a form provided by the City. At the time of filing an application for a Massage Establishment Permit, applicants shall pay a non-refundable fee in an amount established by resolution of the City Council.
(b) The application and fee required under this Section shall be in addition to any license, permit or fee required under any other chapter of this Code or any other regulation of the City of Milpitas. (c) The application for a Massage Establishment Permit does not authorize a massage establishment to operate until such permit has been issued. The massage establishment shall also obtain any approvals or permits required by Title XIII (Zoning Ordinance) of this Code. (d) The applicant for a permit, each owner of the massage establishment and the managing officer/employee shall submit the following information under penalty of perjury:
(1) The full true name under which the business will be conducted. (2) The present or proposed address where the business is to be conducted. (3) The full, true name, other names used, date of birth, California driver's license number or California identification number, social security number (unless prohibited by law), present home address and home telephone number.
(4) The sex, height, weight, color of hair, and color of eyes. (5) Proof that the applicant is at least eighteen (18) years of age. (6) The previous two (2) residences and the inclusive dates at each address. (7) The business, occupation, and employment history for ten (10) years preceding the date of application, and the inclusive dates of same.
(8) The massage permit history, including: whether such person has ever had any such permit or license issued by any agency, board, city, county, territory, or state; the date of issuance of such a permit or license; whether the permit or license was revok ed or suspended or other disciplinary action taken and the reason therefor.
(9) All convictions for any crime involving conduct which requires registration under California Penal Code Section 290, convictions under California Penal Code Sections 266i, 314, 315, 316, 318, 647(a), 647(b), or 415 as a result of an arrest for 647(b) ( as now written or as amended), or convictions of crimes designated in Government Code Section 51032 (as now written or as amended), including any felony involving the sale of a controlled substance specified in Sections 11054-11058 of the California Health and Safety Code (as now written or as amended), or convictions of any crime involving dishonesty, fraud, deceit, violence or moral turpitude, and any outstanding warrants for arrest and any pending criminal case.
Convictions that have been expunged must be reported.
(10) All convictions for crimes under the laws of any other state or country which proscribe the same conduct or similar conduct as the California crimes designated in Section 6(d)(9).
Convictions that have been expunged must be reported.
(11) All injunctions that have been issued against the applicant for nuisances under California Penal Code Section 11225 or for nuisances issued under similar laws of other states. (12) A complete description of all services to be provided. (13) A register that lists all massage technicians providing massage at or through the business, whether as employees, independent contractors and rent -space therapists, and each such person's state certificate number, home address, date of hiring, and whe ther the massage technician will be performing outcall massage. For each proposed massage technician, a copy
of that person's current certification from the CAMTC as a certified massage practitioner, certified massage therapist, or conditionally certified massage practitioner and a copy of that person's CAMTC-issued identification card.
(14) The name, address, date of birth, California driver's license number or California identification number, social security number (unless prohibited by law), of each other employee who is or will be employed in the massage establishment.
(15) The name and address of any other massage business or other like establishment owned or operated by any person whose name is required to be given pursuant to this section. (16) If the applicant is a corporation, limited liability company or other entity type, the name of the corporation or company shall be set forth exactly as shown in its articles of incorporation or charter, together with the state and date of incorporation and the names and home addresses of each of its current officers and directors, and of each stockholder or member. (17) If the applicant is a partnership, the application shall set forth the name and home address(es) of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the Secretary of State.
If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporate applicants shall apply to the corporate partner as well. (18) The name of the owner or employee designated by the applicant who shall act as the managing officer/employee. Such person shall complete and sign all application forms required of an individual applicant under this Chapter. The managing officer/employee must, at all times, meet all of the requirements set for permittees by this Chapter or the permit shall be suspended until a managing officer/employee who meets such requirements is designated. If no such person is designated within ninety (90) days, the permit is deemed canceled and a new application for permit must be filed.
(19) For each applicant or owner who is not CAMTC certified, fingerprints must be furnished at a place designated by the Chief of Police. Any fee required for fingerprinting fee will be the responsibility of the applicant.
(20) Two (2) photographs of the applicant, each owner and managing officer/employee to be taken by the Police Department.
(21) A description of any other business to be operated on the same premises, or on adjoining premises, owned or controlled by the applicant or owners. (22) The name and address of the owner and lessor of the real property upon or in which the business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a massage establishment will be located on his or her property. (23) Authorization for the City of Milpitas, its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application. (24) Proof of massage malpractice insurance in the sum of not less than one hundred thousand dollars ($100,000.00) per licensed massage technician employed at the massage establishment up to a maximum of five hundred thousand dollars ($500,000.00). This re quirement may be satisfied by malpractice insurance being provided in the name of individual massage technicians.
(25) The applicant shall notify the Chief of Police of any change of address or fact that may occur during the process of applying for a permit.
(e) Processing of Application and Investigations
(1) The Chief of Police shall have up to sixty (60) days after submission of all required information, including the required certificate of occupancy, to investigate the application and the background of the applicant, provided said sixty (60) days may be extended for such period as may be necessary to obtain fingerprint records from the appropriate state agency. (2) Upon receipt of an application for a new massage establishment, the Chief of Police shall refer the application to the City's applicable departments, which shall review the application and if necessary, inspect the premises to ensure that the operation of the business at the designated site will comply with the provisions of this Chapter and the City's zoning, building, fire and safety standards, and any other applicable codes. If any permit or approval is required for the massage establishment pursuant to Title XI II (Zoning Ordinance) of this Code, the applicant shall comply with such requirements.
(f) Grounds for Denial. Upon the completion of the investigation, the Chief of Police shall grant the permit, with or without conditions, if the Chief of Police finds in the exercise of his or her discretion all of the following:
(1) The required fee has been paid.
(2) The application conforms in all respects to the provisions of this Chapter and to all other laws. (3) The applicant has not made a material misrepresentation in the application. (4) The applicant, each owner and the managing officer/employee has not, within ten (10) years preceding the submission of the application, been convicted of, or pleaded guilty or no contest to, conduct which is a violation of the provisions of California Penal Code Sections 266i, 314, 315, 316, 318, 647(a), 647(b) or 415 as a result of an arrest for 647(b) (as now written or as amended), or of any crime designated in California Government Code Section 51032 (as now written or as amended), including any fel ony involving the sale of a controlled substance specified in Sections 11054—11058 of the California Health and Safety Code (as now written or as amended), or of any other crime involving dishonesty, fraud, deceit, violence or moral turpitude, or has not been enjoined under California Penal Code Section 11225 through 11235 (as now written or as amended). Convictions under the laws of other states or countries which proscribe the same or similar conduct as the California crimes stated above shall also be considered.
(5) The applicant, each owner and the managing officer/employee is not required to register under the provisions of California Penal Code Section 290.
(6) Within five (5) years preceding application, the applicant, owner(s) or managing officer/employee has not had a massage establishment permit, massage practitioner permit, or other similar permit or license revoked or suspended by the City of Milpitas, or any other state or local agency, and has not been subject to discipline by any state or local agency for conduct that would be grounds for revocation of a permit under this Chapter. (7) The applicant, each owner and the managing officer/employee is at least eighteen (18) years of age.
(8) The permit as requested by the applicant would comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and operating standards. (g) Notice to applicant of Grant or Denial of Application. The Chief of Police, or authorized representative, shall give written notice to the applicant of the grant or denial of the application for a permit. If the application is denied, the notice shall advise the applicant of the reasons for the denial and his/her right to appeal through the pro cedures set forth in Section III -6-18. The Chief of Police may delay issuance of the permit if the applicant is being prosecuted for a violation of any of the Penal Code sections specified in Section III -6-6(f)(4) until final adjudication. If the applicant pleads guilty, pleads no contest, or is found guilty, the Chief of Police shall deny the application.
SECTION 10. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE III, CHAPTER 6, SECTION 11
Title III, Chapter 6, Section 11 (Change of Location) of the Milpitas Municipal Code is hereby amended to read as follows:
III-6-11 Change of Location
A change in the location of a massage establishment must be submitted for approval by the Chief of Police, the Planning Director, and the Fire Chief, or their designated representatives. A change in the location of a massage establishment may require approval in accordance with the provisions of Milpitas Municipal Code, Title XIII (Zoning Ordinance). If the Chief of Police, in his or her discretion, determines that the new location satisfies the requirements of this Chapter, the existing Massage Establishment Permit shall be amended for the new location. A fee, as set by resolution of the City Council, shall be paid to the City to cover the cost of the investigation by the Chief of Police (or his or her authorized representative) necessitated by each change of location.
SECTION 11. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE III, CHAPTER 13, SUBSECTION 2.01
Title III, Chapter 13, Subsection 2.01 (Hotel) of the Milpitas Municipal Code is hereby amended to read as follows:
III-13-2.01 Hotel:
"Hotel" means any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, dormitory, public or private club, a mobilehome as defined in Health and Safety Code section 18008 located outside a mobilehome park or other similar structure or portion thereof at a fixed location in the City of Milpitas. "Hotel" shall not include a timeshare estate as defined by Business and Professions Code section 11003.5, a membership camping contract as defined by Civil Code section 1812.300, or a mobilehome located within a mobilehome park, as defined in Title XIII, Chapter E.4 of the Municipal Code.
SECTION 12. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V , CHAPTER 3, SUBSECTION 2.06
Title V, Chapter 3, Subsection 2.06 (Permit Approval) of the Milpitas Municipal Code is hereby amended to read as follows:
V-3-2.06 Permit Approval
No permit as required in Title XIII (Zoning) of the Municipal Code of the City of Milpitas shall be issued for any building which is not to be connected to an approved public sanitary sewer, without the written approval of the Health Officer of the plan of the means of sewage disposal for said building.
SECTION 13. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V , CHAPTER 100, SUBSECTION 10.11
Title V, Chapter 100, Subsection 10.11 (Unlawful Parking – Peddlers, Vendors) of the Milpitas Municipal Code is hereby amended to read as follows:
V-100-10.11 Unlawful Parking—Peddlers, Vendors
10.11-1 Except as otherwise provided in this section, no person shall stand or park any vehicle, wagon or push-cart from which goods, wares, merchandise, fruits, vegetables or foodstuffs are sold, displayed, solicited or offered for sale or bartered or exchanged, or any lunch wagon or eating car or vehicle, on any portion of any street within this City, except that such vehicles, wagons or push- carts may stand or park only at the request of a bona fide purchaser for a period of time not to exceed ten minutes at any one place.
The provisions of this Subsection shall not apply to persons delivering such articles upon order of, or by agreement with a customer from a store or other fixed place of business or distribution.
10.11-2 Application
(a) The provisions of V-100-10.11-5 shall be applicable to any vehicle, wagon or push-cart, to which V-100-10.11-1 applies.
(b) The provisions of this Section V-100-10.11 shall not apply to mobile food vehicles as defined in Chapter XIII-E.4.
SECTION 14. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V , CHAPTER 210, SUBSECTION 7.01
Title V, Chapter 210, Subsection 7.01 (Animals in Residential Areas) of the Milpitas Municipal Code is hereby amended to read as follows:
V-210-7.01 Animals in Residential Areas
Except as otherwise provided herein, it shall be unlawful for any person to own, possess, have in custody or control, or to maintain any animal upon any lot in any residentially zoned district (pursuant to the
provisions of Title XIII of the Milpitas Municipal Code) when that lot is located within three hundred feet (300′) of any residential building owned by someone other than the owner or custodian of said animal or the tenant of said owner or custodian.
SECTION 15. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V , CHAPTER 210, SUBSECTION 7.02
Title V, Chapter 210, S ubsection 7.02 (Exceptions to Animals in Residential Areas ) of the Milpitas Municipal Code is hereby amended to read as follows:
V-210-7.02 Exceptions to Animals in Residential Areas
The ownership, possession, custody, control, or maintenance of the following animals is permitted:
7.02-1 Dogs and Cats. Dogs and/or cats, as defined in Section V -210-2, are allowed in a number not to exceed a combined total of four (4) dogs and/or cats over the age of four (4) months. No household may contain more than one (1) unspayed female dog or one (1) unspayed female cat. Unless an owner provides evidence of spaying, there shall be a rebuttable presumption that a female dog or cat is unspayed.
Written certification from a licensed veterinarian that an animal cannot be spayed for health reasons or is incapable of breeding shall be deemed a satisfactory substitution for a certificate stating that an animal is spayed. Authorized volunteers of City of Milpitas permitted animal adoption organizations who provide shelter to stray animals in their own homes may have up to a combined total of seven (7) dogs and/or cats over the age of four (4) months at their homes at any one time.
7.02-2 Birds. Any bird, continuously kept caged and within the confines of a dwelling house, is allowed. The ownership of more than twenty (20) birds at one time is not allowed. (a) A maximum of six (6) chickens may be kept outdoors in the backyard of a residential property for the personal use of and care by the occupants of the residence. Any outdoor coop or other enclosure for the keeping of chickens shall comply with the setba cks and other development standards for accessory structures that are required in the applicable zoning district, per Section XIII-C.2.020.
7.02-3 Mice, Rabbits, Hamsters, Etc. Any mouse, rabbit, guinea pig, hamster, squirrel, or animal of like size or species, continuously kept caged and within the confines of a dwelling house, is allowed. The ownership of more than ten (10) such animals at one time is not allowed.
7.02-4 Animals in a Terrarium or Aquarium. Any animal continuously confined to a terrarium or aquarium and within the confines of a dwelling house is allowed.
7.02-5 Animals for Which a Permit has been Obtained. Any animal for which a permit has first been obtained pursuant to the provisions of this Section is allowed.
SECTION 16. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V , CHAPTER 213, SECTION 3
Title V, Chapter 213, Section 3 (Unlawful to Create or Permit Disturbing Noise) of the Milpitas Municipal
Code is hereby amended to read as follows:
V-213-3 Unlawful to Create or Permit Disturbing Noise
(a) Residential Zone Regulations.
3.01 Except as permitted in Section V -213-3(b), it shall be unlawful for any person in any district zoned for residential use (under the provisions of Title XIII of the Milpitas Municipal Code) to make, continue, maintain, permit or cause to be made, continued, maintained, or permitted any Disturbing Noise that increases the noise exposure level by three dB over the local ambient noise level measured from the property line of the noise source, or more than 65 dB measured from the property line of the noise source, whichever is more restrictive.
3.02 Except as permitted in Section V -213-3(b), it shall be unlawful for any person who owns, possesses, or controls any real property in any district zoned for residential use (under the provisions of Title XIII of the Milpitas Municipal Code) to make, co ntinue, maintain, permit or cause to be made, continued, maintained or permitted any Disturbing Noise that increases the noise exposure level by three dB over the local ambient noise level measured from the property line of the noise source, or more than 65 dB measured from the property line of the noise source, whichever is more restrictive.
3.03 Notwithstanding any other provision of this Chapter and in addition thereto, it is unlawful for any person or any person who owns, possesses, or controls real property in any district zoned for residential use (under provisions of Title XIII of the Milpitas Municipal Code) to make, continue, maintain, permit, or cause to be made, continued, maintained or permitted any Disturbing Noise. It shall be prima facie violation of this Section if any Disturbing Noise is audible during the hours of 10:00 p.m. to 7:00 a.m. from a distance of 50 feet from the property line of the noise source or from a distance of 100 feet from any nonstationary noise source. It shall also be prima facie violation of this Section if any Disturbing Noise is audible during the hours of 7:01 a.m. to 9:59 p.m. from a distance of 100 feet from the property line of the noise source or any nonstationary noise source.
3.04 The above prohibition against making, continuing, maintaining or permitting any Disturbing Noise in any district zoned for residential use shall not apply to the authorized collection of solid waste, recyclables, and/or yard trimmings by an authorized collector beginning at 6:00 a.m. (b) Outdoor Music Regulations for Commercial and Mixed Use Zones.
3.05 Outdoor music shall be permitted on real property in the C1, C2, TC, MXD and MXD3 zoning districts (per Title XIII of the Milpitas Municipal Code) as an accessory use to a restaurant or bar that is a principal permitted use or approved conditional use. Outdoor music shall be permitted between the hours of 9:00 a.m. and 11:00 p.m.
3.06 Except as provided below in Subsection V -213-3(b) 3.06(1), noise levels for outdoor music as an accessory use shall not exceed 70 -90 dB measured from the property line of the parcel on which the outdoor music occurs. See also "Table B.6.020-A - Commercial Zone Use Regulations" in Title XIII, Section B.6.020 and "Table B.8.020-A - Mixed Use Zone Use Regulations " in Title XIII, Section B.8.020. (1) For any parcel in a C1, C2, TC, MXD, or MXD3 zoning district that is located within 100 feet of a parcel in a R1 or R2 zoning district, noise levels for outdoor music as an accessory use shall not exceed 65 dB measured from the property line of the parcel on which the outdoor music occurs. (2) For residential uses in the MXD and MXD3 zoning districts, it is recognized that ambient noise from outdoor music that is permitted as an accessory use to a restaurant or bar is a normal
condition inherent to a mixed-use, urban living environment; therefore accessory outdoor music at a restaurant or bar shall not be subject to the noise restrictions in Section V -213-3(a) 3.01 and
3.02 in the case of residential uses in the MXD and MXD3 zones. (c) Site Construction Regulations.
3.07 No person shall engage or permit others to engage in construction of any building or related road or walkway, pool or landscape improvement or in the construction operations related thereto, including, delivery of construction materials, supplies, or improvements on or to a construction site except within the hours of 7:00 a.m. to 7:00 p.m. on weekdays and weekends. No construction work shall be conducted or performed on the holidays indicated in Section V-213-2-2.05 of this Chapter.
3.08 Exemption from Off -Site Construction Regulations. Exempt from the Off -Site Construction Regulations of this article are as follows:
(1) Emergency construction and repair that is necessary for protection of life and property, (2) Operation preempted from local regulation by state law, such as construction of public school buildings,
(3) Furnishing utility-type service including construction and maintenance of utility facilities, (4) Any work on an existing single -family or duplex (two- family) dwelling undertaken by the property owner,
(5) Operation to construct and maintain facilities within the public right-of-way as deemed necessary by the Public Works Director, and
(6) Any other circumstances where the City Manager deems that an exemption would be appropriate.
SECTION 17. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE VIII, CHAPTER 1, SUBSECTION 8.02
Title VIII, Chapter 1, S ubsection 8.02 (Installer) of the Milpitas Municipal Code is hereby amended to read as follows:
VIII-1-8.02 Installer
8.02-1 Each installer shall:
(a) Install at his own expense all in-tract and perimeter local services main and valves, and off-site facility as required by City (see 8.02-4).
(b) Pay connection fees as provided in Subsection 7.01.
8.02-2 In-tract excess size mains and facilities: City may require an installer to in -tract excess size mains and facilities. If excess size mains or facilities are required, said installer shall be entitled to a credit for excess costs (as established by Subsection 8.05) incurred thereby in accordance with the provisions of Subsection 8.03-1.
The credit referred to herein (after set-offs to which City is entitled) shall be subject to reimbursement pursuant to a reimbursement agreement as hereafter provided and subject to the conditions hereafter provided.
8.02-3 Perimeter mains: Provided, however, said agreement shall provide for reimbursement to installer of only one -half of the cost of the perimeter mains and facilities. Reimbursement shall be computed on the basis of the front footage of land that develops along the perimeter main in proportion to the total footage of the perimeter main itself.
8.02-4 Water main extension and facilities: If installer installs a water main extension, said installer shall be entitled to apply to the City for reimbursement pursuant to a reimbursement agreement. Said agreement shall provide for reimbursement for the cost of the mains and facilities. Reimbursement shall be computed on the basis of the front footage of land that develops along the water main extension in proportion to the total footage of the water main extension itself.
8.02-5 Provided, however, that installer shall not be entitled to receive reimbursement for front footage fees from land which cannot be served by his perimeter main or water main extension as the result of some barrier such as a State freeway, railroad tr ack, flood control channel or City sphere of influence boundary line.
8.02-6 An installer in the gravity zone shall be entitled to reimbursement only if the excess costs as described in this section are more than the acreage fees said installer is required to pay as a connector in which event reimbursement shall be computed as follows:
Excess costs + $ A
Minus acreage fees — $ B
Equals Total Amount subject to reimbursement = $ C
8.02-7 Hillside Zone Facilities: Each installer of water facilities serving a hillside zone may be required by the City to install mains and facilities which not only benefit said installer's lands, but benefit other lands. In the event of the installation of such improvements, City may establish a hillside benefit district (see 8.03) requiring other connectors to pay a dwelling unit benefit fee (see 7.01-3). City may enter into a reimbursement agreement with installer, providing reimbursement of a portion of the cost of such improvements. The amount to be reimbursed shall be that portion of the cost of improvements equal to the difference between the amount it would have cost the installer to install such improvements to serve installer's land and the actual cost of such improvements.
8.02-8 Nothing herein contained shall be construed to relieve said hillside connector of any responsibility for payment of any fees hereunder in the event of a density transfer pursuant to the provisions of Title XIII of the Milpitas Municipal Code in connection with the land served by water mains provided that an installer who has entered a reimbursement agreement with City, shall not have any benefit under said reimbursement agreement impaired by virtue of any density transfer in connection with land providing fees used to make reimbursement under said agreement.
SECTION 18. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE X , CHAPTER 1, SECTION 2
Title X, Chapter 1, Section 2 (Intent) of the Milpitas Municipal Code is hereby amended to read as follows:
Section 2 Intent
The City Council hereby declares it to be its intent in enacting this Ordinance to require any person or persons who propose to erect, construct, alter, enlarge, convert, move or maintain any building or structure for which a building permit is required under and pursuant to the ordinances of the City of Milpitas on or upon any land adjacent to an unimproved street or who seeks to change the use of any land which includes or is adjacent to an unimproved street, to improve or agree to improve said street as herein required by the installation of such of the following improvements as may be necessary: curb, gutter, driveway, sidewalk, drains, street paving, and street lights, and where indicated, the dedication and improvement of service roads, facilities for off -street parking, alleys, easements for public utilities, drainage, walkways, water-courses, planting strips and non-access facilities. It is the further intent of the City Council that said improvement or agreement shall be a condition precedent to the issuance of any required building permit, site development permit, use permit, or variance approval or rezoning.
SECTION 19. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE X , CHAPTER 1, SUBSECTION 3.02
Title X, Chapter 1, Subsection 3.02 (Permittee) of the Milpitas Municipal Code is hereby amended to read as follows:
X-1-3.02 Permittee
As used herein, the term "Permittee" shall mean any individual, co -partnership, association, corporation, governmental body or unit or agency (other than the City of Milpitas) or any other entity owning or occupying land adjacent to an unimproved street, or unimproved streets, in the City of Milpitas who is required to have a building permit from the City of Milpitas in order to erect, construct, alter, convert, enlarge, move or maintain any building or structure upon said land, or who is required to have a site development permit, use permit, or variance approval or a rezoning in order to change the use of land in the City of Milpitas.
SECTION 20. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE X , CHAPTER 1, SUBSECTION 4.02
Title X, Chapter 1, Subsection 4.02 (Chapter not Limiting to the Power of the City Council) of the Milpitas Municipal Code is hereby amended to read as follows:
X-1-4.02 Chapter not Limiting to the Power of the City Council Nothing contained in this Chapter shall be construed to limit the power of authority of the City Council of the City of Milpitas to impose requirements and conditions upon the rezoning of land (under and pursuant to the provisions of Ordinance No. XX-XXX, enacted as Title XIII, of the Milpitas Municipal Code, and amendments thereto,) in addition to those authorized by this Chapter. The City Council of the City of Milpitas declares that in enacting this Chapter is expressly reserves the right to impose reasonable requirements and conditions upon the rezoning of land (regardless of whether the same are described herein), and the enactment of this Chapter is not intended to be a limitation upon said power.
SECTION 21. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE X , CHAPTER 1, SUBSECTION 8.01
Title X, Chapter 1, S ubsection 8.01 (Required Improvements Prior to Issuance of a Building Permit ) of the Milpitas Municipal Code is hereby amended to read as follows:
X-1-8.01 Required Improvements Prior to Issuance of a Building Permit As a condition precedent to obtaining a building permit from the City of Milpitas under and pursuant to the provisions of Ordinance 65, enacted as Chapter I, Title II of the Milpitas Municipal Code, and amendments thereto, and as a condition precedent to obtaining a site development permit, use permit, or variance approval or a re-zoning under and pursuant to the provisions of Ordinance No. XX-XXX, enacted as Title XIII of the Milpitas Municipal Code, and amendments thereto, any Permittee who proposes to erect, construct, alter, enlarge, convert, move or maintain any building or structure on or upon any land adjacent to an unimproved street or who seeks to change the use of any land which includes or is adjacent to an unimproved street, shall make provision for those matters hereafter set forth in this Chapter.
SECTION 22. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE X , CHAPTER 1, SUBSECTION 9.01
Title X, Chapter 1, Subsection 9.01 (Requirements) of the Milpitas Municipal Code is hereby amended to read as follows:
X-1-9.01 Requirements
As a condition precedent to obtaining a building permit from the City of Milpitas under and pursuant to the provisions of Ordinance No. 65, enacted as Chapter 1, Title II of the Milpitas Municipal Code, and amendments thereto, and as a condition precedent to obtaining a site development permit, use permit, or variance approval or a re-zoning under and pursuant to the provisions of Ordinance No. XX-XXX, enacted as Title XIII of the Milpitas Municipal Code, and amendments thereto, any Permittee who proposes to erect, construct, alter, enlarge, convert, move or maintain any building or structure on or upon any land (or who seeks to change the use of said land) which includes or is adjacent to a street which has been improved by the City of Milpitas, in whole or in part, after January 26, 1954, shall, in addition to meeting the other requirements of this Chapter:
9.01-1 Pay the City a sum computed in accordance with the schedules set forth in subsection X -1-
10.05 of this Chapter for such improvements as the City of other public entity shall have theretofore installed (e.g., curbs, gutters, driveways, sidewalks, fir e hydrants, drains, street paving and street lights); and
9.01-2 Pay the City such sum as the City or other public entity shall have paid to acquire the land upon which the improvements were installed.
SECTION 23. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE X , CHAPTER 3, SUBSECTION 2.02
Title X, Chapter 3, Subsection 2.02 (Permittee) of the Milpitas Municipal Code is hereby amended to read as follows:
X-3-2.02 Permittee
As used herein, the term "Permittee" shall mean any individual, partnership, association, corporation, trust, governmental body, or unit or agency (other than the City of Milpitas) or any other entity owning or occupying land adjacent to an unimproved stre et, or unimproved streets, in the City of Milpitas in order to erect, construct, alter, convert, enlarge, move or maintain any building or structure upon said land, or who is required to obtain a site development permit, use permit, or variance approval to change the use of land in the City of Milpitas or who seeks to rezone land in the City of Milpitas.
SECTION 24. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE X , CHAPTER 3, SUBSECTION 2.03
Title X, Chapter 3, S ubsection 2.03 (Development Permit ) of the Milpitas Municipal Code is hereby amended to read as follows:
X-3-2.03 Development Permit
As used herein, the term "Development Permit" shall apply to any of the following:
1. Building permit pursuant to the provisions of Chapter 1, Title II, of the Milpitas Municipal Code.
2. Site development permit, use permit, or variance approval pursuant to Title XIII of the Milpitas Municipal Code.
SECTION 25. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE X , CHAPTER 3, SUBSECTION 6.00
Title X, Chapter 3, Subsection 6.00 (Rezoning to “Agricultural” Classification) of the Milpitas Municipal Code is hereby amended to read as follows:
X-3-6.00 Rezoning to "Agricultural" Classification
The rezoning of a parcel of land under the provisions of Title XIII of the Milpitas Municipal Code to "Agricultural A" classification will not require either the dedication or improvement of land pursuant to this Chapter, but said dedication and improvement shall be postponed until a development permit or rezoning to a classification other than "Agricultural A" is subsequently sought for said land.
SECTION 26. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI
The Name of Title XI (Zoning, Planning and Annexation) of the Milpitas Municipal Code is hereby amended to read as follows:
Title XI – PLANNING AND ANNEXATION
SECTION 27. ADDITION OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 14
Title XI, Chapter 14 (Public Art Requirements for Private Development) is hereby added to the Milpitas
Municipal Code to read as follows:
Chapter 14 – PUBLIC ART REQUIREMENTS FOR PRIVATE DEVELOPMENT
XI-14-1.01 Definitions
"Affordable Housing" means either, as the context indicates, a residential development, as defined in Section XII-1-2.15 of this Code, or affordable units, as defined in Section XII-1-2.04 of this Code, that comply with the Milpitas Affordable Housing Ordinance (Title XII, Chapter 1 of this Code), including by providing sufficient dwelling units at an affordable housing cost, as defined in Section XII- 1-2.02 of this Code, with sufficient resale controls and/or rent restrictions, as defined in Section XII-1-
2.14, to ensure the continued restriction of affordable units. "Building Development Costs" means those construction costs as declared on building permit applications, and as accepted by the Building Official. Building permit applications shall include building, plumbing, mechanical and electrical permit applications for the project. "Developer and/or Owner" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality (other than the City of Milpitas), industry, public or private corporation, or any other entity that undertakes any construction within the City subject to the requirements in this Chapter 14.
"Public Art" is a process which results in the incorporation of original works of art by artists in publicly accessible spaces and which serves a socio-environmental function identifiable with people; is accessible to the mind and the eye; is integral to the site and responds to the concept of place making; is integrated with the work of other design professionals; is of high quality; serves the City by enhancing the quality of life for citizens and contributes to the City's prestige; is unique to its moment in time and place.
"Public Art Program In-Lieu Contribution" means the percentage of Building Development Costs required herein.
"Public Art Projects" are projects which involve artists working through the public art process that result in the creation of original works in publicly accessible spaces that include but are not limited to paintings, mural decorations, inscriptions, stained glass, fiber work, statues, reliefs or other sculpture, monuments, fountains, arches, or other structures intended for ornament or commemoration, carvings, frescoes, mosaics, mobiles, photographs, drawings, collages, prints, crafts both decorative and utilitarian in clay, fiber, wood, metal, glass, plastics and other materials. Public Art Projects also include artists serving on design and development teams to identify opportunities to incorporate art in publicly accessible space.
"Publicly Accessible Art" means art that is accessible to the general public.
XI-14-1.02 Purpose and Intent
This Chapter 14 is intended to promote the aesthetics and arts in the City of Milpitas by requiring the inclusion of a public artwork component in new private development projects in Milpitas. A policy is hereby established to require certain private developments to include Publicly Accessible works of art for placement on the development site or contribute a Public Art Program In-Lieu Contribution as a condition of project approval. Developers and/or Owners are encouraged to employ Milpitas artists or arts organizations to fulfill the Public Art requirement.
XI-14-1.03 Contribution Requirements
A. Calculation.
1. Nonresidential Building Developments. Private nonresidential building developments involving 2,000 square feet or more of new floor area shall devote an amount not less than one-half of one percent of Building Development Costs for acquisition and insta llation of Publicly Accessible Art on the development site.
2. Residential Building Developments. Private residential building developments of 20 or more new dwelling units shall devote an amount not less than one -half of one percent of Building Development Costs for acquisition and installation of Publicly Accessible Art on the development site.
B. Public Art Review. All proposed Public Art to be installed on a development site under this Chapter 14 shall first be reviewed and approved by the Art Commission for its artistic value and appropriateness in light of the size of the development project. The cost of the proposed Public Art shall not be the sole reason for rejecting the proposed Public Art.
C. In-Lieu Contribution.
1. At the discretion of the Developer and/or Owner, in lieu of installing on- site Public Art, the Developer and/or Owner may provide a Public Art Program In- Lieu Contribution to be deposited into the Public Art Fund for acquisition and placement of Public Art throughout the City.
2. The Art Commission may allow a Developer and/or Owner to satisfy the public art requirement by a combination of installing Publicly Accessible Art on the development site and make a Public Art Program In-Lieu Contribution if the Art Commission determine s that the location, siting or scale of the development site makes the installation of Publicly Accessible Art inappropriate or impossible for the purposes of satisfying the one percent requirement for installing Publicly Accessible Art on the development site.
D. Subsequent Removal of Public Art or Alternative Compliance Space. If the Developer and/or Owner satisfies the Public Art requirement in accordance with subsection (A)(1), (A)(2), above, the Public Art previously installed on the development site may only subsequently be removed if the Developer and/or Owner makes a Public Art Program In-Lieu Contribution equivalent to the original amount to the Public Art Fund.
E. Exclusions. The requirements of this Chapter 14 shall not apply to an Affordable Housing development with a minimum of 20 percent Affordable Housing units the Developer and/or Owner demonstrates to the satisfaction of the City Council that said requirements would cause the development project not to be economically feasible.
XI-14-1.04 Public Art Fund
Public Art Program In-lieu Contribution shall be placed in the Public Art Fund. The fund shall be used exclusively to (1) provide sites for works of art, (2) acquire and install works of art, (3) maintain works of art, or (4) fund other administrative costs associated with the Public Art Program. The Art Commission shall recommend utilization of monies in the Public Art Fund to the City Council.
XI-14-1.05 Compliance
Compliance with the provisions of this Chapter 14 shall be demonstrated by the Developer and/or Owner at the time of filing the Building Permit application as follows: (a) payment of the full amount of the Public Art Program In-Lieu Contribution, or (b) written proof to the Building Department and the Public Art Program of a contractual agreement to commission or purchase and to install the requested artwork on the development site by a date approved by City. The value of the Publicly Accessible Artwork shall be independently verified by a third party unrelated to the Developer and/or Owner and submitted to the City with the contractual agreement at the sole expense of the Developer and/or Owner.
The Developer and/or Owner shall provide the City with proof of installation of the requested artwork on the development site or proof of full payment of the Public Art In-Lieu Contribution before issuance of the certificate of occupancy, unless the City has approved some other method of assuring compliance with the provisions of this Chapter 14. In the case of installation of Public Art on the development site, the Developer and/or Owner shall maintain said artwork in proper condition on an ongoing basis.
XI-14-1.06 Violations of this Section
In addition to other fines or penalties provided by State or municipal law, the City may revoke or suspend any permit granted to any Developer and/or Owner who violates the provisions of this Chapter
14. SECTION 28. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XII, CHAPTER 1, SUBSECTION 2.01
Title XII, Chapter 1, Subsection 2.01 (Definitions – Accessory Dwelling Unit) of the Milpitas Municipal Code is hereby amended to read as follows:
XII-1-2.01
"Accessory dwelling unit" shall have the meaning set forth in Chapter E.4 of Title XIII of this Code.
SECTION 29. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XII, CHAPTER 1, SECTION 7.00
Title XII, Chapter 1, Section 7.00 (Incentives to Encourage On-Site Construction of Affordable Units) of the Milpitas Municipal Code is hereby amended to read as follows:
XII-1-7.00
Applicants shall receive incentives as specified in this Section to encourage the on-site construction of affordable units. If an applicant provides affordable units in excess of 20 percent of the total number of units in the project the City will provide the following incentives to include:
A. Planning waivers. In addition to waivers, incentives and/or concessions that may be provided pursuant to density bonus law as outlined in Section XIII- C.12.040 in the Milpitas Municipal Code if the applicant provides affordable units in excess of 20 percent of the total number of units in the development, the Director of Planning shall grant up to two of the waivers listed below in this Section
that help increase the feasibility of the construction of affordable units. The applicant will receive an additional two waivers from the list below for every additional five percent of affordable units provided above the 20 percent. The applicant may choose from the following waivers:
1. Priority processing.
2. Reduced setback requirements not to exceed 50 percent of the minimum required setback.
3. Greater floor area ratio (FAR) not to exceed 50 percent of the maximum FAR for commercial space in mixed use zoning.
4. Reduced landscaping requirements.
5. Reduced interior or exterior amenities.
6. A maximum 20 percent reduction in parking requirements.
7. Height restriction waivers not to exceed 20 percent of the maximum zoning height limitations and in no event to exceed the general plan height limitations.
B. Fee deferral.
1. Development processing fees. The City Manager may approve deferred payment of City processing fees applicable to the review and processing of the project. The terms and payment schedule of the deferred fees shall be subject to the approval of the City Manager.
2. Development impact fees. The City Manager may authorize the deferred payment of development impact fees applicable to the affordable units. Approval of this incentive requires demonstration by the applicant that the deferral increases the project's feasibility. The applicant must provide appropriate security to ensure future payment of such fees.
SECTION 30. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 3.03
The Zoning Map of the City of Milpitas, as amended, which was adopted as part of O rdinance No. 38, enacted as Title XI, Chapter 10, Section 3.03 of the Milpitas Municipal Code (“Zoning Map”), is hereby amended as depicted within the map as attached hereto in Exhibit A.
SECTION 31. SEVERABILITY
The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision, or part has no effect on the validity of the remainder.
SECTION 32. EFFECTIVE DATE AND POSTING
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The City Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.
Exhibit A: Zoning Map Amendment
Summary of Zoning Ordinance Changes for
Comprehensive Zoning Ordinance Update (Phase 2)
General
• Relocate the Zoning Ordinance to a new Title in the MMC (i.e., currently Chapter 10 in Title XI; proposed to be a new Title XIII).
• Revise the organizational structure of the Zoning Ordinance. • Revise the numbering system for the Zoning Ordinance. • Replace archaic language; updated terms, text, and graphics; simplified and clarified content. • Incorporate tables and graphics for clarity and illustration of standards where appropriate. • Edits for legal compliance (i.e., state and federal law). This includes, but is not limited to, revisions to the following:
Allowed land uses and definitions of allowed land uses; Parking (e.g., AB 2097 that prohibits requiring parking for projects within 0.5 mile of a major transit stop);
Sign standards for content-neutrality based on the Reed v. Town of Gilbert (No. 135 S.CT. 2218, 2015) decision;
State density bonus law;
Accessory dwelling units; and
Public hearing noticing.
• Edits for compliance with state law and the City’s 2023-2031 Housing Element. This includes, but is not limited to, revisions to the following:
Emergency shelters;
Low barrier navigation centers
Supportive housing;
Single-room occupancy;
Employee and farmworker housing;
Residential care facilities;
Parking;
Reasonable Accommodation procedure; and
Site Development Permit findings.
Zones
• Modify zones and associated development standards to implement the General Plan (Note - Draft Zoning Ordinance Table B.2.020-A shows alignment of zones to General Plan Land Use Designations).
• Remove the R1-8 subzone and the R5, MXD2, and AR zones as they are not applied to any property.
• Remove overlays that are outdated, not being used, or otherwise would be addressed elsewhere in the updated Zoning Ordinance.
Transit-Oriented Development (TOD) Overlay [addressed by the Metro Specific Plan Zones adopted in Phase 1]
High Rise (HR) Overlay [applied to one property as the result of a project-specific entitlement that was never constructed]
Gateway Office (OO) Overlay [will be addressed in the Gateway-Main Specific Plan, which is currently underway]
Recreation and Entertainment (RE) Overlay [addressed by the Business Park Research and Development Zone that was adopted in Phase 1 and will be addressed through updated land use tables in the Zoning Ordinance]
Mobile Home Park Combining District [will be replaced with a base zone for mobile home parks "Mobile Home Park" (MHP) Zone]
• Modify/increase density standards to be consistent with the General Plan (i.e., R2, R3, MHP, MXD3 zones).
• Modify/increase FAR standards to be consistent with the General Plan (i.e., C1, M1, M2, MP zones).
• Modify/reduce interior side and rear setbacks in R2 and R3 zones and open space requirement in R3 Zone consistent with Housing Element programs.
• Comprehensively update allowed land uses (consolidate allowed uses, add new uses where appropriate, and revise definitions of land uses to reflect modern uses and best practices).
Recategorize some specific land use types into broader and well-defined classes of land uses. • Lower land use permit requirements where appropriate (e.g., staff level approval instead of Planning Commission approval). Also see Procedures section below.
Parking
• Modify/reduce required parking ratios consistent with state law, the Housing Element, and General Plan policies.
• Expand alternative methods available to provide the required number of parking spaces (e.g., shared parking, off-site parking, car-share parking, etc.) consistent with the General Plan and Climate Action Plan policies.
• Add citywide bicycle parking requirements consistent with the General Plan. • Add transportation demand management (TDM) requirements consistent with the Climate Action Plan.
Other Citywide Standards
• Substantially revised sign standards:
Zoning standards for signs have been comprehensively rewritten, including the roster of sign types and how they are defined/categorized
Sign standards (allowable height, area, etc.)have been reorganized into a table format for easier reference
New illustrations have been included to demonstrate sign types and applicable standards for size and placement, and color graphics and photos have been added to illustrate the sign design standards.
• Add comprehensive landscape standards consistent with the General Plan and Climate Action Plan.
• Add exterior lighting standards (Draft Zoning Ordinance Section C.2.070). • Expand performance standards (e.g., noise, odor, hazardous materials, air contaminants, etc.) (Draft Zoning Ordinance Section C.2.110).
• Add incentives for the development of larger affordable rental units (3 or more bedrooms) consistent with Housing Element programs. Incentives consist of 30% reduction in setbacks and 30% reduction in common open space required.
• Add incentives for the consolidation of smaller existing lots into larger lots that can be more efficiently developed into higher density housing or mixed-use projects consistent with Housing Element programs. Incentives consist of 10% reduction in setbacks, 10% reduction in common open space required, and 20% reduction in guest parking. • Update and expand regulations for special uses, including alcoholic beverage sales, drive- through facilities, home occupations, temporary uses, and service stations. • Add design standards for newly constructed single-family residential units. • Comprehensively rewrite sign standards to reflect legally compliant, content-neutral sign types and associated sign definitions and standards; add photos and graphics to illustrate sign standards.
Procedures
• Revise planning permit types and the applicable review authority for each for clarity, and to provide for an appropriate level of review/discretion and public notification for development
projects of various sizes and scales. The level of review (i.e., decision authority) for many project types has been reduced to a lower body (e.g., Zoning Administrator instead of Planning Commission).
• Offer streamlined review as an incentive for projects that exceed the City’s building code energy efficiency requirements.
• Add Minor Deviation approval and specific allowances for building height exceptions to allow certainty and clarity for deviating from development standards (replacing the current Conditional Use Permit procedure for these types of requests). • Add new Temporary Use Permit type and procedure, with greater detail and clarity as to the types of temporary uses that do and do not require Planning review and approval • Revise thresholds for Site Development Permit applicability. • Add Planned Unit Development procedures.
• Add Development Agreement procedures.
City of Milpitas Comprehensive Zoning Ordinance Update
Project
Addendum
City of Milpitas, Santa Clara County, California
PREPARED FOR:
City of Milpitas
Planning Department
455 East Calaveras Boulevard
Milpitas, CA 95035
408.609.0072
Contact: Holly Pearson, AICP
PREPARED BY:
FirstCarbon Solutions
2999 Oak Road, Suite 250
Walnut Creek, CA 94597
925.357.2562
Contact: Mary Bean, Project Director
Madelyn Dolan, Project Manager June 5, 2025
•• • FCS
An ADEC Innovation
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CITY OF MILPITAS COM REHENSIVE ZONING ORDINANCE UPDATE PROJECT
ADDENDUM
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Table of Contents
Acronyms and Abbreviations v
1 - Introduction 1
1.1 - Environmental Checklist 1
1.2 - Environmental Analysis and Conclusions 1
2 - Project Description 5
2.1 - Location and Setting 5
2.2 - Project Background 5
2.3 - Project Characteristics 7
2.4 - Project Summary 13
2.5 - Discretionary Approvals 13
2.6 - Intended Uses of this Document 13
3 - CEQA Checklist 23
3.1 - Explanation of Checklist Evaluation Categories 23
3.2 - Discussion and Mitigation Sections 24
3.3 - Environmental Topics 25
I. Aesthetics, Light, and Glare 27
II. Agriculture and Forestry Resources 32
III. Air Quality 36
IV. Biological Resources 41
V. Cultural and Tribal Cultural Resources 49
VI. Energy 55
VII. Geology, Seismicity, and Soils 57
VIII. Greenhouse Gas Emissions 64
IX. Hazards and Hazardous Materials 68
X. Hydrology and Water Quality 75
XI. Land Use and Planning 82
XII. Mineral Resources 85
XIII. Noise 87
XIV. Population and Housing 92
XV. Public Services 95
XVI. Recreation 98
XVII. Transportation 101
XVIII. Utilities and Service Systems 106
XIX. Wildfire 112
XX. Mandatory Findings of Significance 117
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ADDENDUM
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Appendices
Appendix A: Tribal Cultural Resources Supporting Information Exhibits
Exhibit 1: Regional Location Map 15
Exhibit 2: General Plan Land Use Map 17
Exhibit 3: Existing Zoning Map 19
Exhibit 4: Proposed Zoning Map 21
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ACRONYMS AND ABBREVIATIONS
°C degrees Celsius (Centigrade)
°F degrees Fahrenheit
µg/m3 micrograms per cubic meter
AB Assembly Bill
ABAG Association of Bay Area Governments
AIA Airport Influence Area
ARB California Air Resources Board
BAAQMD Bay Area Air Quality Management District
BMP Best Management Practices
BPRD Business Park Research and Development
CAL FIRE California Department of Forestry and Fire Protection Cal/OSHA California Occupational Health and Safety Administration CalEEMod California Emissions Estimator Model
CALGreen California Green Building Standards Code
CAP Climate Action Plan
CBC California Building Standards Code
CBSC California Building Standards Commission
CDFW California Department of Fish and Wildlife
CEQA California Environmental Quality Act
CERCLA Comprehensive Environmental Response, Compensation, and Liability Act CESA California Endangered Species Act
CFC California Fire Code
CH4 methane
CHRIS California Historical Resources Information System CIP capital improvement project
CNDDB California Natural Diversity Database
CO2 carbon dioxide
CPUC California Public Utilities Commission
CUPA Certified Unified Program Agency
CWA Clean Water Act
DTSC California Department of Toxic Substances Control
EOP Emergency Operations Plan
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EPA Environmental Protection Agency
FAR floor area ratio
FEIR Final Environmental Impact Report
FEMA Federal Emergency Management Agency
FIRM Flood Insurance Rate Map
FMMP Farmland Mapping and Monitoring Program
GHG greenhouse gas
HCP Habitat Conservation Plan
HR High Rise
HRA Health Risk Assessment
LID Low Impact Development
LOS Level of Service
LRA Local Responsibility Area
LUST Leaking Underground Storage Tank
mgd million gallons per day
MHP Mobile Home Park
MND Mitigated Negative Declaration
mph miles per hour
MS4 Municipal Separate Storm Sewer System
N2O nitrous oxide
NCCP Natural Community Conservation Plan
NCMU Neighborhood Commercial Mixed-Use
ND Negative Declaration
NFIP National Flood Insurance Program
NPDES National Pollutant Discharge Elimination System
NWIC Northwest Information Center
OO Gateway Office
PM2.5 particulate matter, including dust, 2.5 micrometers or less in diameter POS Public Open Space
PRC Public Resources Code
RE Recreation and Entertainment
RWF Regional Wastewater Facility
RWQCB Regional Water Quality Control Board
SB Senate Bill
SCCFD Santa Clara County Fire Department
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SCVURPP Santa Clara Valley Urban Runoff Prevention Program SOI Sphere of Influence
SR State Route
SSMP Sewer System Management Plan
SWPPP Storm Water Pollution Prevention Plan
TAC toxic air contaminant
TCR Tribal Cultural Resource
TDM Transportation Demand Management
TOD Transit-Oriented Development
UGB Urban Growth Boundary
USACE United States Army Corps of Engineers
USGS United States Geological Survey
UWMP Urban Water Management Plan
VHFHSZ Very High Fire Hazard Severity Zone
VMT Vehicle Miles Traveled
VOC volatile organic compound
VTA Valley Transportation Authority
WMPU Water Master Plan Update
WPCP Water Pollution Control Plant
WQMP Water Quality Management Plan
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City of Milpitas Comprehensive Zoning Ordinance Update Project Addendum
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1 - INTRODUCTION
This Addendum, checklist, and attached supporting documents have been prepared to determine whether and to what extent the City of Milpitas General Plan Update Final Environmental Impact Report (General Plan FEIR, State Clearinghouse Number 2020070348 [previous EIR]) prepared for the City of Milpitas, Santa Clara County, remains sufficient to address the potential impacts of the proposed City of Milpitas Comprehensive Zoning Ordinance Update Project (proposed project), or whether additional documentation is required under the California Environmental Quality Act (CEQA) (Public Resources Code [PRC] § 21000, et seq.).
1.1 - Environmental Checklist
Pursuant to Public Resources Code Section 21166, and CEQA Guidelines Sections 15162 and 15164, subd. (a), this Addendum has been prepared to evaluate the proposed project. Consistent with the thresholds used by the lead agency in the previous EIR, the Addendum uses the standard environmental checklist categories provided in Appendix G of the CEQA Guidelines but provides answer columns for evaluation consistent with the provisions of CEQA Guidelines Section 15162, subd. (a).
1.2 - Environmental Analysis and Conclusions
The CEQA Guidelines establish the type of environmental documentation that is required when changes to a project occur after an EIR has been adopted. Section 15164 (a) states: “The lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.” CEQA Guidelines Section 15164, subd. (a) provides that the lead agency or a responsible agency shall prepare an Addendum to a previously certified EIR or Negative Declaration (ND) if some changes or additions are necessary but none of the conditions described in CEQA Guidelines Section 15162 calling for preparation of a subsequent EIR or ND have occurred (CEQA Guidelines, § 15164, subd. (a)).
An Addendum need not be circulated for public review but can be included in or attached to the Final EIR or ND (CEQA Guidelines § 15164, subd. (c)). The decision-making body shall consider the Addendum to the previous EIR prior to making a decision on the proposed project (CEQA Guidelines § 15164, subd. (d)). An agency must also include a brief explanation of the decision not to prepare a subsequent EIR or ND pursuant to Section 15162 (CEQA Guidelines § 15164, subd. (e)).
Consequently, once an EIR or ND has been certified for a project, no subsequent EIR or ND is required under CEQA unless, based on substantial evidence:
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ADDENDUM
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1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or ND . . . due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 1 2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or ND . . . due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the ND was adopted. . . shows any of the following:
A. The project will have one or more significant effects not discussed in the previous EIR or ND;
B. Significant effects previously examined will be substantially more severe than shown in the previous EIR or ND;
C. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or D. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR or ND would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative (CEQA Guidelines, Section 15162, subd. (a); see also Pub. Resources Code, Section 21166).
This Addendum, checklist, and attached documents constitute substantial evidence supporting the conclusion that preparation of a supplemental or subsequent EIR or ND is not required.
This Addendum addresses the conclusions of the General Plan FEIR (hereinafter referred to as the “previous EIR”) in light of the proposed project.
1.2.1 - Findings
There are no substantial changes proposed by the Milpitas Comprehensive Zoning Ordinance Update Project or under the circumstances in which the proposed project would be undertaken that would require major revisions of the previous EIR. The proposed zoning ordinance amendments do not require preparation of a new subsequent or supplemental EIR or MND due to either (1) the involvement of new significant environmental effects, (2) a substantial increase in the severity of previously identified significant effects, or (3) new information of substantial importance. No mitigation measures or alternatives previously found not to be feasible would in fact be feasible, nor has the City
1 CEQA Guidelines Section 15382 defines “significant effect on the environment” as “ . . . a substantial, or potentially substantial adverse change in any of the physical conditions within the area affected by the project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance . . .” (see also Public Resources Code [PRC], § 21068).
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ADDENDUM
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declined to adopt any additional mitigation measures or alternatives that would substantially reduce one or more significant effects on the environment. Applicable mitigation measures from the previous EIR are identified and discussed in this Addendum.
As illustrated herein, the proposed project is consistent with and within the scope of the previous EIR and would involve only minor changes; therefore, an Addendum is the appropriate level of CEQA compliance for the proposed project.
1.2.2 - Conclusions
The impacts of the proposed project remain within the impacts previously analyzed in the previous EIR (CEQA Guidelines § 15164).
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2 - PROJECT DESCRIPTION
The proposed Milpitas Comprehensive Zoning Ordinance Update (proposed project) includes amendments to the City’s Zoning Ordinance, Zoning Map, and the Milpitas Municipal Code, as well as specific clerical amendments to the General Plan to ensure internal consistency between the General Plan and Municipal Code. No specific development or entitlements are contemplated or would be approved as part of the proposed project.
2.1 - Location and Setting
The project site consists of the General Plan Planning Area (Planning Area) (Exhibit 1). The Planning Area encompasses the city limits, Sphere of Influence (SOI), and Urban Growth Boundary (UGB), also known as the Urban Service Area. The Planning Area is approximately 12,327 acres or approximately 19.3 square miles (Exhibit 2) and is bounded by San Francisco Bay and Santa Clara County (west), the City of Fremont (north), unincorporated Santa Clara County (east), and the City of San José (south). In addition, there are mountain ranges and wilderness areas to the east. The Planning Area is located on the Milpitas, California United States Geological Survey (USGS) 7.5- Minute topographic quadrangle map, Township 6 South, Range 1 East, Section 00 (Latitude 37° 25’ 56” North; Longitude 121° 53’ 58” West).
The proposed project involves policies and planning guidance that covers lands that are generally urbanized, including industrial, commercial, and residential land uses.
2.2 - Project Background
As noted, this Addendum evaluates whether the previous EIR remains sufficient to address the potential impacts of the proposed project. This section provides background and context for these two foundational documents.
2.2.1 - City of Milpitas General Plan 2040
The City of Milpitas General Plan 2040 (General Plan), the City’s current long-range planning document, was adopted by the Milpitas City Council on March 9, 2021.
The General Plan establishes goals, policies, and actions to guide the future growth and development of the City. The General Plan’s key objectives include (1) protecting and enhancing the unique character of the community, (2) promoting efficient use of limited land resources, (3) fostering strategic land use decisions, and (4) facilitating the use of alternative transportation options. It also establishes the City’s current Land Use Designations (Exhibit 2).
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The General Plan buildout numbers for population, dwelling units, and employment are summarized in Table 1.
Table 1: General Plan Buildout Estimates
Category General Plan Buildout Estimate
Population 113,530
Dwelling Units 33,401
Employment1 84,333
Notes:
1 Number of jobs in the City.
Source: City of Milpitas. 2021. Milpitas 2040 General Plan Update FEIR. Website:
https://www.milpitas.gov/DocumentCenter/View/1168/Draft-EIR-PDF?bidId=. Accessed January 30, 2025.
2.2.2 - City of Milpitas General Plan 2040 Final Environmental Impact Report
In conjunction with the City’s adoption of the General Plan, on March 9, 2021, the City Council certified the previous EIR, which analyzed the potential environmental impacts associated with implementation of the General Plan.
In 2024, the City proposed amendments to the Zoning Ordinance and zoning map to ensure conformity with the General Plan and Metro Specific Plan and evaluated those amendments in an addendum (2024 Addendum). The 2024 Addendum tiered off both the General Plan EIR and Metro Specific Plan EIR and evaluated rezoning of certain parcels, amendments to certain zoning districts, and minor technical amendments to the General Plan Land Use Element and General Plan Land Use Map to ensure vertical consistency among the City’s planning documents. The 2024 Addendum was approved on June 4, 2024.2 Pursuant to the conclusions of the 2024 Addendum, overall land uses, density, and intensity at full buildout of the City would remain relatively the same as previously evaluated in the previous EIR.
Other General Plan amendments that have occurred since 2021 are listed below in Table 2.
2 City of Milpitas. Comprehensive Zoning Ordinance Update Website. Resources. Website:
https://www.milpitaszoningupdate.org/resources. Accessed February 19, 2025.
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Table 2: General Plan Amendments Since 2021
Amendment # Date Description Resolution No.
GP24-0002 6/4/2024 Amend Land Use Element Text and Land Use Map to achieve consistency between the Milpitas 2040 General
Plan, Zoning Ordinance, and Zoning Map
(GP Amendments adopted concurrently with Phase 1
Zoning Update)
9332
GP22-0001 11/7/2023 Remove language in Land Use Element related to California Circle Specific Plan. This includes amending the Neighborhood Commercial Mixed-Use (NCMU)
designation (pg. LU-6), the “California Circle Specific Plan Overlay” statement (pg. LU-8) and removing
Action LU-2b (pg. LU-17)
9282
GP23-0002 6/6/2023 Amend Land Use Map designations of 168 parcels for consistency with the new boundaries of Metro Specific
Plan and the proposed boundaries of the draft
Gateway-Main Street Specific Plan
9258
GP23-0001 1/24/2023 Adopt 2023–2031 Housing Element (6th cycle) 9214
2.3 - Project Characteristics
The proposed project includes a comprehensive set of updates to the City’s Zoning Ordinance and zoning map to guide decisions on future development and in a manner that ensures vertical consistency among the City’s planning documents. No physical development is proposed as part of the updates. The following discussion describes the key characteristics of each element of the updates.
2.3.1 - Zoning Ordinance Updates
Government Code Section 65860 requires a city’s zoning ordinance to be consistent with the general plan. When a Zoning Ordinance becomes inconsistent due to a general plan amendment, the City must enact a consistent Zoning Ordinance within a “reasonable time,” pursuant to Government Code Section 65860(c). Accordingly, the proposed project includes updates to the Zoning Ordinance to make it more user friendly, to be in keeping with best practices in land use planning, and to ensure conformity with the current General Plan, Climate Action Plan (CAP), and Housing Element, as well as state and federal law. The updates would also promote more compact mixed-use and transit- oriented development in certain areas of the City.
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Edits for Consistency with Best Planning Practices
The proposed project would amend definitions and categorizations of many land uses, and update the allowed uses in various zoning districts, in order to be consistent with best planning practices and current economic realities. These changes would consolidate existing allowed uses, clarify the applicability of different existing land use categories, and revise definitions of land uses to reflect modern uses and the evolving nature of land uses. However, permitted densities of development and more general land use categories would not change.
Amendments to reasonable accommodation procedures and site development permit findings are also proposed for consistency with best planning practices.
Furthermore, the proposed project would include edits to the Zoning Ordinance related to parking requirements, which are intended to encourage the use of alternative transit methods, which is a best practice in planning, as well as to more realistically reflect the actual parking demand for various land uses.
Clerical Amendments
The proposed project would relocate the Zoning Ordinance to Title XIII in the Municipal Code (currently Chapter 10 in Title XI) and would revise its organizational structure including revisions to the numbering system. The proposed project would also replace archaic language, update terms, text, and graphics, and simplify and clarify content. It would also incorporate new tables and graphics for clarity and illustration of standards where appropriate.
The proposed project would include edits to ensure legal compliance of the Zoning Ordinance (i.e., with state and federal law), including, but not limited to, revisions to the following regulations:
• Parking (e.g., Assembly Bill [AB] 2097 that prohibits requiring parking for projects within 0.5 mile of a major transit stop).
• Sign standards for content-neutrality based on the Reed v. Town of Gilbert (No. 135 S.CT. 2218, 2015) decision.
• State density bonus law.
• Accessory dwelling units; and
• Public hearing noticing.
The proposed project would include edits to the Zoning Ordinance for compliance with S tate housing laws and the City’s 2023–2031 Housing Element, including but not limited to revisions to the following regulations:
• Emergency shelters;
• Low barrier navigation centers;