Agenda packet — Milpitas City Council, September 2, 2025 (part 2 of 7)

8. Nonresidential gross floor area excludes arcades, porticoes, and similar open areas that are located at or near street level and are accessible to the general public, but are not designed or used as sales, display, storage, service, or production areas.

A.6.080 Determining Floor Area Ratio
To calculate the Floor Area Ratio (FAR), gross building floor area is divided by the total site area, and FAR is typically expressed as a decimal. For example, if the gross floor area of all buildings on a site is 20,000 square feet, and the site area is 10,000 square feet, the FAR is expressed as 2.0.

FIGURE A.6.080-1 : DETERMINING FLOOR AREA RATIO

A.6.090 Measuring Height and Number of Stories
A. Measuring Building Height.

1. General Measurement. The height of a building is measured as the vertical distance from finished grade adjacent to the building to the highest point on the roof above. For a sloped, gable, hipped, or gambrel roof, height is measured to the midpoint between the highest point on the ridge and where the eave meets the building wall.

FIGURE A.6.090-1 : MEASURING BUILDING HEIGHT

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2. Measuring Building Height in the “H” Hillside Combining District. Measuring building height within the “H” Hillside Combining District is determined as described in Section B.22.040 (Height Regulations).

B. Measuring the Number of Stories. In measuring the height of a building in stories the following measurement rules shall apply:

1. A basement shall be counted as a full story where more than 50 percent of its height is above the average level of the adjoining ground.

2. An interior balcony or mezzanine shall be counted as a full story if its floor area exceeds one-third of the total area of the nearest full floor directly below it or if it is enclosed on more than two sides.

3. An attic is not considered a story provided it is unconditioned, unfinished, and less than seven feet at its highest point with an average height not exceeding four feet.

C. Measuring Other Structures.

1. Measuring Height of Fences and Walls. The height of a fence or wall is measured from the finished grade to the top of fence or wall at any point (including barbed -wire tops).

Where the finished grade is a different elevation on either side of the fence or wall, the height may be measured from the side having the highest elevation.

FIGURE A.6.090- 2: MEASURING HEIGHT OF FENCES AND WALLS

2. Measuring Height of Decks. Deck height is measured from finished grade to the top of the floor of the deck directly above finished grade below.

FIGURE A.6.090- 3: MEASURING HEIGHT OF DECKS

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A.6.100 Measuring Signs
The methods for measuring signs (e.g., height, area, etc.) are described in Subsection C.8.040.D (Rules of Measurement).

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Chapter B.2 Zones
Sections:

B.2.010 Purpose
B.2.020 Zones Established
B.2.030 Category Includes All Aspects of the Zone
B.2.040 Zoning of Annexed Areas
B.2.010 Purpose
This Chapter establishes the zones applied to property within Milpitas.

B.2.020 Zones Established
The following zones are established and shall be shown on the official Zoning Map.

Table B.2.020-A: Zones Established
Abbreviation Zone Name General Plan Land Use Designation Residential Zones
R1 Single-Family Zone Low Density Residential (LDR), Medium Density Residential (MDR)
R2 One and Two-Family Zone Medium Density Residential (MDR) R3 Multi-Family Zone High Density Residential (HDR)
R4 Multi-Family Very High Density Zone Very High Density Residential (VHDR) MHP Mobile Home Park Zone Mobile Home Park (MHP)
Commercial Zones
CO Administrative and Professional Office Zone General Commercial (GNC), Neighborhood Commercial (NC)
C1 Neighborhood Commercial Zone Neighborhood Commercial (NC) C2 General Commercial Zone
General Commercial (GNC), Neighborhood
Commercial (NC), Neighborhood Commercial
Mixed Use (NCMU)
HS Highway Service Zone General Commercial (GNC), Neighborhood Commercial (NC)
Mixed Use Zones
MXD Mixed Use Zone Neighborhood Commercial Mixed Use (NCMU) MXD3 Very High Density Mixed Use Zone Very High Density Mixed Use (VHDMU) TC Town Center Zone Town Center (TC)
Industrial Zones
M1 Light Industrial Zone Manufacturing (MFG)

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Table B.2.020-A: Zones Established
Abbreviation Zone Name General Plan Land Use Designation M2 Heavy Industrial Zone Manufacturing (MFG)
MP Industrial Park Zone Industrial Park (INP)
BPRD Business Park Research and Development Zone Business Park/Research & Development (BPRD) Metro Specific Plan Zones
R3-Metro Metro Multi-Family High Density Residential Zone Milpitas Metro Specific Plan R4-Metro Metro Multi-Family Very High Density Residential Zone Milpitas Metro Specific Plan
R5-Metro Metro Urban Residential Zone Milpitas Metro Specific Plan MXD2-Metro Metro High Density Mixed Use Zone Milpitas Metro Specific Plan MXD3-Metro Metro Very High Density Mixed Use Zone Milpitas Metro Specific Plan BPRD-R-Metro Metro Business Park Research and Development, Limited Residential Zone Milpitas Metro Specific Plan
BPRD-Metro Metro Business Park Research and Development Zone Milpitas Metro Specific Plan
Milpitas Commercial Specific Plan Area
See Chapter B.16 (Milpitas Commercial Specific Plan Area) Other Zones
A Agricultural Zone All
I Institutional Zone Public Facilities (PF)
POS Park and Open Space Zone Permanent Open Space (POS) Overlay Zones
FC Freeway Corridor Overlay Zone n/a
S Site and Architectural Overlay Zone n/a
“H” “H” Hillside Combining District Hillside Very Low Density (HVL), Hillside Low Density (HLD), Hillside Medium Density (HMD)
B.2.030 Category Includes All Aspects of the Zone
Whenever the terms “residential zones,” “commercial zones,” “mixed use zones,” “industrial zones,” “Metro zones,” “other zones,” or “overlay zones” are used in this Title , they shall be deemed to refer to all and only the zones of that category, as found in Section B.2.0 20 (Zones Established), (e.g., the term “commercial zones” shall refer to the CO, C1, C2, and HS zones).

B.2.040 Zoning of Annexed Areas
Any area annexed to the City after the effective date of this amendment shall immediately upon such annexation be automatically classified as an Agricultural District with the "S" Overlay District ("A-S" Zone), unless said area is located east of the alignment of Piedmont Road, Evans Road, North Park Victoria Drive

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and Interstate 680 Freeway as shown on the adopted General Plan and more specifically defined as the westerly boundary of the "Hillside Area" as defined in the General Plan, in which case said area shall be classified as Single-Family District—Hillside with the "H" Combining District (specifically "R1-H").

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Chapter B.4 Residential Zones and Standards
Sections:

B.4.010 Purpose
B.4.020 Residential Zones Use Regulations
B.4.030 Residential Zones Development Standards
B.4.040 Residential Zones Supplemental Standards
B.4.010 Purpose
A. Single-Family (R1) Zone. The Single-Family ( R1) Zone is intended for single -family residential development, including clustered residences, and to stabilize and protect the residential character of these neighborhoods within the community.

B. One and Two -Family (R2) Zone. The One and Two -Family ( R2) Zone is intended for a mix of residential development types, and to stabilize and protect the residential character of these neighborhoods within the community.

C. Multi-Family (R3) Zone. The Multi-Family ( R3) Zone is intended for multi- family residential development, and to stabilize and protect the residential character of these neighborhoods within the community.

D. Multi-Family Very High Density (R4) Zone. The Multi-Family Very High Density ( R4) Zone is intended for higher intensity multi -family residential development, and to stabilize and protect the residential character of these neighborhoods within the community.

E. Mobile Home Park (MHP) Zone. The Mobile Home Park (MHP) Zone is intended to promote the diversification of available housing opportunities within Milpitas through the establishment of standards for planned mobile home parks. This zone is further intended to encourage stable residential environments within individual mobile home parks and provide for transition s to surrounding areas.

B.4.020 Residential Zones Use Regulations
A. Table B.4.020-A (Residential Zones Use Regulations) sets the land use regulations for residential zones. Land uses are defined in Chapter E.4 (Definitions of Uses). In cases where a land use is not listed in the table, the Director shall make a determination regarding similar use consistent with Subsection A.4.020.G (Determination of Similar Use).

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

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

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Residential Uses
Accessory Dwelling Unit and
Junior Accessory Dwelling
Unit

P P P P P
Section C.10.030
(Accessory Dwelling
Units and Junior
Accessory Dwelling
Units)
Boarding House - C C C - n/a
Court Dwelling - P P P - n/a
Two-Family Dwelling - P - - - n/a
Elderly and Long-Term Care - C C C - n/a
Group Living Accommodation - P P P - n/a
Live-Work Unit - - C C - Section C.10.150 (Live-
Work Units)
Low Barrier Navigation
Center - - P P - California Government
Code § 65660
Mobile Home Park - - - - MCS Section C.10.180
(Mobile Home Parks)
Multi-Family Dwelling - - P P - n/a
Residential Care Facility P P P P P n/a
Single-Family Dwelling P P - - P Section C.10.210
(Single-Family Dwelling)

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Table B.4.020-A: Residential Zones Use Regulations
“P” = Permitted Use | “MC” = Minor Conditional Use Permit approved by Zoning Administrator required | “MCS” = Minor Conditional Use Permit approved by Director required | “C” = Conditional Use Permit required |“-“ = Not Allowed Use R1 R2 R3 R4 MHP Additional
Regulations
Supportive Housing P P P P P California Health and
Safety Code § 50675.14
Transitional Housing P P P P P California Government
Code § 65582
Unclassified Uses
Accessory Use P P P P P
For regulations related
to animals, see Section
V-210-7.02 (Exceptions
to Animals in
Residential Areas)
Temporary Use See Section C.10.230 (Temporary Uses and Structures) Table Notes:
1 Mobile food vending may be permitted:
• In the public right-of-way in R1, R2, and R3 zones as part of an approved special event consistent with Section C.10.230 (Temporary Uses and Structures), and is not allowed on private property with a residential use in these zones.
• In the public right-of-way in the R4 Zone upon issuance of all required City and County permits consistent with Subsection C.10.170 (Mobile Food Vending), and may be permitted as part of an approved special event on private property with a residential use in the R4 Zone.
• In all residential zones, on private parcels with a current certificate of use and occupancy as a library/museum, hospital, educational institution, or community assembly use, provided that the mobile food vending use shall not operate more frequently than once per week and for no longer than three consecutive days. 2 These uses must comply with the following:
• Activities must be conducted in ground floor spaces which are integral parts of a main buildings; however, incidental uses that serve only residents of the project are not limited to the ground floor; • Uses must comprise less than or equal to 10,000 sf in gross floor area; and • Uses must close no later than 10:00 P.M.
3 When located on the ground floor, retail sales of products related to the personal services provided must be offered at the front of the premises near the pedestrian entrance and must comprise at least 10% of the floor area of the business establishment.
4 Mobile fueling is permitted when fueling service is ordered by an individual vehicle owner and the amount of fuel dispensed as part of any individual order does not exceed 50 gallons. Mobile fueling for fleet vehicles is not permitted.

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B.4.030 Residential Zones Development Standards
Table B.4.030-A (Residential Zones Development Standards) establishes the development standards for residential zones.

Table B.4.030-A: Residential Zones Development Standards ft = feet | sf = square feet | du = dwelling unit | FAR = floor area ratio | n/a = not applicable Standard
R1
R2 R3 R4 MHP
R1-10 R1-6 R1-5 R1-4 R1-3 R1-2.5
Lot Area, min 10,000 sf 6,000 sf 5,000 sf 4,000 sf 3,000 sf 2,500 sf 5,800 sf 8,000 sf n/a 25 gross acres
Lot Width,
min. (ft) 80 1 55 50 40 30 30 55 70 n/a n/a
Density
(du/gross
acre) 2
Min.: 3
Max.: 4
Min.: 3
Max.: 7
Min.: 3
Max.: 9
Min.: 3
Max.: 11
Min.: 3
Max.: 15
Min.: 3
Max.: 15
Min.: 7
Max.: 15
Min.: 16
Max.: 30 3
Min.: 31
Max.: 40
Min.: 3
Max.: 7
Setback (ft)
Front Min.: 25 4 Min.: 20 Min.: 20 Min.: 20 5 Min.: 20 5 Min.: 20 5 Min.: 20 Min.: 20 Min.: 8
Max.: 15
from back
of
sidewalk
6, 7
Abuts
public
street,
min.: 35 Interior side
One side,
min.: 8
Total both
sides,
min.: 20 8
Adjacent
to garage,
min.: 6
Total,
min.: 13
Adjacent
to garage,
min.: 6
Total,
min.: 10
One side,
min.: 6
One side,
min: 5
One side,
min.: 5
1 story,
min.:

One side:
4 Total both
sides: 12
2+
stories,
min:
6 1 story,
min.:

One side:
5 Total both
sides: 12
2+
stories,
min:
10 Min.: 10
Abuts
resi-
dential
zone: 25
Abuts all
other
zones: 15
Street side Min.: 10 Min.: 10 Min.: 10 Min.: 10 Min.: 10 Min.: 10 Min.: 10 Min.: 10 Min.: 8
Max.: 15,
from back
of
sidewalk
6, 7
Abuts
public
street,
min.: 35

Rear 1 story,
min.: 30 4
1 story,
min.: 25 Min.: 20 1 story,
min.: 15
1 story,
min.: 15
1 story,
min.: 15 Min.: 25 Min.: 30 Min.: 10 Abuts
resi-

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Table B.4.030-A: Residential Zones Development Standards ft = feet | sf = square feet | du = dwelling unit | FAR = floor area ratio | n/a = not applicable Standard
R1
R2 R3 R4 MHP
R1-10 R1-6 R1-5 R1-4 R1-3 R1-2.5
2+
stories,
min.: 35 4
2+
stories,
min.: 25
2+
stories,
min.: 20
2+
stories,
min.: 20
2+
stories,
min.: 20
dential
zone: 25
Abuts all
other
zones: 15
Primary
Building
Height, max.
30 ft 30 ft 30 ft 30 ft 30 ft 30 ft 30 ft; 2.5
stories
9 35 ft; 3.5
stories
9,
10 60 ft; 4
stories
9 35 ft; 3
stories
9 Accessory
Building
Height, max.
15 ft 15 ft 15 ft 15 ft 15 ft 15 ft 15 ft; 1.5
stories
9 25 ft; 2.5
stories
9 25 ft; 2.5
stories
9 25 ft; 2.5
stories
9 Usable Open Space 11
Per dwelling
unit n/a n/a n/a n/a n/a n/a
See Milpitas Residential and
Mixed-Use Objective Design
Standards
12 200 sf
patio per
du
Per site 13 n/a n/a n/a n/a n/a n/a n/a 20% 25% 25%
Table Notes:
1 For properties with slopes equal to or greater than 16%, but less than 26%, the minimum lot width shall be 200 ft. For properties with slopes equal to or greater than 26%, the minimum lot width shall be 300 ft. 2 When determining the density of non-traditional housing configurations such as group living accommodations and single- room occupancy residences, three bedrooms may be counted as the equivalent of one unit. 3 The maximum density can be up to 40 dwelling units per gross acre where a Planned Unit Development has been approved, and the Council finds that sewer capacity and water availability will be sufficient to accommodate the proposed project density as well as other future Planned Unit Development downstream from the project site. Any improvements to the sewer or water system that would be required to accommodate any higher density proposals may be made conditions of project approval. 4 For properties with slopes equal to or greater than 16%, the minimum setback is 40 ft. 5 For properties, if access is provided to the side of garage via a curved driveway, the setback may be 15 ft. 6 The sidewalk shall be based on either existing sidewalk or an assumed 10-ft wide sidewalk, whichever is wider. 7 Where a public easement prevents a building from being located at its required minimum or maximum setback lines, the building shall be located as close to the back of the easement as possible. 8 For properties with slopes equal to or greater than 16% but less than 26%, the minimum setback shall be 20 ft on one side and a total of 45 ft for both sides. For properties with slopes equal to or greater than 26%, the minimum setback shall be 40 ft. 9 Height must comply with standards for both height in feet and number of stories. 10 The height restriction can be waived where a Planned Unit Development has been approved at a density above 30 du per gross acre in compliance with the provisions of Section D.12 (Planned Unit Development). 11 Usable open space may be satisfied through a combination of private open space, common open space, and/or publicly accessible open space provided that all applicable minimum requirements and standards for each open space type are complied with (see Milpitas Residential and Mixed-Use Objective Design Standards). 12 Usable open space requirements do not apply to single-family dwellings. 13 Per site requirements may also include areas that are landscaped consistent with Chapter C.4 (Landscaping Standards).

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B.4.040 Residential Zones Supplemental Standards
A. R1 Zone Front Yard Coverage. For lots in the R1 Zone, a portion of the required front yard may be paved as follows.

1. Width of Front Yard Paved Area. The width of paved area in the required front setback must not exceed the width of the garage, or 50 percent of the lot width measured at the front property line, whichever is greater.

2. Calculating Front Yard Coverage.
a. Patios within the required front setback are counted towards coverage limits. b. Walkways that do not exceed four feet in width do not count towards coverage limits.

3. Hillside Front Yard Coverage. For “H” Hillside Combining District properties, refer to Chapter B.22 (“H” Hillside Combining District) for additional requirements.

4. Parking in Front Yards. For regulations pertaining to parking in the front yard, refer to Milpitas Municipal Code Chapter V-500 (Neighborhood Beautification).

5. Driveways on Lots with One or Two Dwelling Units. See Section C.6.080.A.2 (Driveways on Residential Lots with One or Two Dwelling Units) for driveway standards.

B. Two-Unit Projects.

1. Purpose. The purpose of this Subsection is to allow and appropriately regulate two -unit projects in compliance with California Government Code section 65852.21.

2. Application.
a. Only individual property owners may apply for a two -unit project. “Individual property owner” means 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 , and 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 Tax Code section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue and Tax Code section 214.15). b. An application for a two -unit project must be submitted on the City’s approved form.
c. The applicant must obtain a Certificate of Compliance with the Subdivision Map Act for the lot and provide the Certificate with the application. d. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted. e. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this Subsection, in compliance with applicable law. The Council may establish and change the fee by resolution. The fee must be paid with the application.

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3. Approval.
a. An application for a two -unit project is approved or denied ministerially, by the Director, without discretionary review. The Director shall approve or deny the application within 60 days of the date the City received a complete application. b. The ministerial approval of a two -unit project does not take effect until the City has confirmed that the required documents, such as the deed restriction and easements, have been recorded with the Santa Clara County Clerk. c. The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter. d. The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of the Milpitas Municipal Code.

4. Location Requirements. A two -unit project must satisfy each of the following requirements:
a. Subdivision Map Act compliance. The lot must have been legally subdivided in compliance with the Subdivision Map Act.
b. Single-family residential zone. The two-unit project shall be located in a single - family residential zone. T he R1 Zone is the only single -family residential zone where a two-unit project may be located.
c. Lot location. The two-unit project shall be located on a lot that conforms with the applicable requirements of Milpitas Municipal Code Section XI -1-31.04-4 (Lot Location).
d. Not historic. The two-unit project shall be located on a lot that conforms with the applicable requirements of Milpitas Municipal Code Section XI-1-31.04-5 (Historic Properties).
e. No impact on protected housing. The two -unit project shall be located on a lot that conforms with the applicable requirements of Milpitas Municipal Code Section XI-1-31.04-7 (No Impact on Protected Housing).

5. Residential Unit Standards.
a. Quantity.
(i) No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means a dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this Subsection, an ADU, or a JADU. (ii) A lot that is not created by an urban lot split may have a two-unit project under this Subsection , plus any ADU or JADU that must be allowed in accordance with this Title and state law.

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b. Unit size.
(i) The total floor area of each primary dwelling that is developed on a resulting lot must be:
(a) Less than or equal to 800 square feet; and
(b) More than or equal to 500 square feet.
(ii) A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split, and it may not be expanded. (iii) A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split.

6. Maximum Height. The height of a two-unit project must comply with the R1 Zone building height standards.

7. Setbacks.
a. General setbacks. All setbacks must conform to those objective setbacks that are imposed through the R1 Zone, except for the following:
(i) Existing structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
(ii) Minimum unit size. The R1 Zone setbacks must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.
b. Front setback area. Dwellings constructed under this Subs ection must be a minimum of 15 feet from the front property line. The front setback area must:
(i) Be kept free from any structure greater than three feet high; (ii) Be at least 50 percent landscaped with drought-tolerant plants, as shown on a landscape plan consistent with Chapter C.4 (Landscaping Standards); and
(iii) Allow vehicular and fire-safety access to the front structure in compliance with Milpitas Municipal Code Title II (Building Regulations) and Title V (Public Health, Safety and Welfare).

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8. Parking. Each new primary dwelling unit that is built on either an existing lot or a lot created through an urban lot split must have at least one off-street parking space per unit, except for the following:
a. Proximity to transit. No additional parking is required for any new primary dwelling unit located within one-half mile walking distance of:
(i) A corridor with fixed-route bus service or the intersection of two or more major bus routes with frequency of service intervals of 20 minutes or less during the morning and afternoon peak commute hours; or (ii) A site that contains an existing rail or bus rapid transit station; or b. Proximity to car-share service. No additional parking is required for a new primary dwelling unit located within one block of a car-share vehicle location.

9. Design Standards. The objective design standards applicable to a single -family dwelling consistent with Section C.10.210 (Single -Family Dwelling) and the underlying zone shall apply to two-unit projects.

10. Landscaping. The landscape standards applicable to a single -family dwelling and the underlying zone shall apply to two-unit projects.

11. Nonconforming Conditions. A two -unit project may only be approved if all nonconforming zoning conditions are corrected unless the nonconformity is allowed by this Subsection. See Subsection B.4.040.B.7 (Setbacks) above.

12. Utilities.
a. Each primary dwelling unit on an existing lot or the lots resulting from an urban lot split must have a separate direct water connection to the water service provider.
b. Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

13. Building and Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot and all structures to the City's current Building Code.

14. Separate Conveyance. Within a resulting lot, the following standards apply:
a. Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.
b. Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split. c. All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.

15. Regulation of Uses.
a. Residential only. Nonresidential uses, except for legal home -based businesses, are not permitted on any R1 Zone lot.

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b. No Short-Term Rentals. No dwelling unit located on a lot created by an urban lot split may be rented for a period of less than 30 days.

16. Owner Occupancy. The individual property owner of a lot with a two -unit project must occupy one of the dwellings on the lot as the owner ’s principal residence and legal domicile. Urban lot splits shall comply with owner occupancy requirements in California Government Code section 66411.7(g).

17. Notice of Construction.
a. At least 30 business days prior to starting any construction activities related to a structure on a lot created by an urban lot split, the property owner must provide written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
(i) Notice that construction has been authorized:
(ii) The estimated start and end dates for construction:
(iii) The hours of construction;
(iv) Contact information for the project manager (for construction -related issues); and
(v) Contact information for the City ’s Building Safety and Housing Department.
b. This notice requirement does not confer a right on the noticed persons or any others to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a two-unit project under this Chapter. This notice requirement is intended to foster neighborhood awareness and expectations.

18. Deed Restriction. The owner must record a deed restriction, acceptable to the City, that includes the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days;
b. Expressly prohibits any nonresidential use of the lots created by the urban lot split;
c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot; and
d. If the property was formed by an urban lot split, states that the property is subject to the City's urban lot split regulations, including all applicable limits on dwelling size and development.

19. Specific Adverse Impacts.
a. Without conflicting with any other provisions in this Subsection, the City may deny an application for a two-unit project if the Building Official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on public health and safety and for which there is no

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feasible method to satisfactorily mitigate or avoid the specific adverse impact, as defined in California Government Code section 65589.5(d)(2). b. "Specific adverse impact" has the same meaning as in California Government Code section 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include:
(i) Inconsistency with the zoning ordinance or general plan land use designation; or
(ii) The eligibility to claim a welfare exemption under California Revenue and Taxation Code section 214(g).
c. The Building Official may consult with and be assisted by the Department and others as necessary in making a finding of specific, adverse impact.

20. Remedies. If a two -unit project violates any part of this Title or any other legal requirement:
a. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.
b. The City may:
(i) Bring an action to enjoin any attempt to sell, lease, or finance the property.
(ii) Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(iii) Pursue criminal prosecution punishable by imprisonment in county jail or state prison for up to one year and/or a fine of up to $10,000.00. Criminal prosecution may also be punishable by a misdemeanor.
(iv) Record a notice of violation.
(v) Withhold any or all future permits and approvals.
(vi) Pursue all other administrative, legal, or equitable remedies that are allowed by law or the Milpitas Municipal Code.

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Chapter B.6 Commercial Zones and Standards
Sections:

B.6.010 Purpose
B.6.020 Commercial Zones Use Regulations
B.6.030 Commercial Zones Development Standards
B.6.040 Commercial Zones Supplemental Standards
B.6.010 Purpose
A. Administrative and Professional Office (CO) Zone. The Administrative and Professional Office (CO) Zone is intended to provide areas for medical, business, and professional offices, and medical and dental clinics.

B. Neighborhood Commercial (C1) Zone. The Neighborhood Commercial (C1 Zone) is intended to provide for general commercial needs of neighborhood areas, primarily providing for day-to-day shopping needs, and to promote stable, attractive commercial development that complements the essential residential character of the neighborhood.

C. General Commercial (C2) Zone. The General Commercial ( C2 Zone) is intended to provide for general commercial needs of the community and includes areas with major commercial shopping centers and a wide range of commercial uses. The C2 Zone is also intended to promote stable, attractive commercial development, and while being primarily oriented to customers traveling via automobile, is intended to be accessible and designed to attract customers using all modes of transportation (e.g. pedestrians, bicyclists, transit users, etc.).

D. Highway Services (HS) Zone. The Highway Services ( HS Zone) is intended to provide for retail, commercial, service, transient residential uses, and other uses proximate to highways and major thoroughfares and primarily depended on highway travel.

B.6.020 Commercial Zones Use Regulations
A. Table B.6.020-A (Commercial Zones Use Regulations) sets the land use regulations for commercial zones. Land uses are defined in Chapter E.4 (Definitions of Uses). In cases where a land use is not listed in the table, the Director shall make a determination regarding similar use consistent with Subsection A.4.020.G (Determination of Similar Use).

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

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

Table B.6.020-A: Commercial Zones Use Regulations
“P” = Permitted Use | “MC” = Minor Conditional Use Permit approved by Zoning Administrator required | “MCS” = Minor Conditional Use Permit approved by Director required | “C” = Conditional Use Permit required |“-“ = Not Allowed Use CO C1 C2 HS Additional Regulations
Commercial Uses
Adult-Oriented Business - - - MCS C.10.040 (Adult-Oriented Businesses)
Animal Care and Services
Kennel - - C -
Milpitas Municipal Code Section
V-210-11 (Permits for Animal
Facilities and Animal Adoption
Organizations)
Pet Day Care and Sales - P P P
Veterinary Clinic C P P P
Veterinary Hospital or
Services - C P P
Commissary or Catering P P P P n/a
Drive-Through Facility - C C C Section C.10.090 (Drive-Through Facilities)
Eating and Drinking Establishment
Bar or Nightclub - - C C Section C.10.100 (Eating and
Drinking Establishments) Microbreweries - - MC MC
Mobile Food Park MCS MCS MCS MCS
Section C.10.170 (Mobile Food
Vending) Mobile Food Vending
(Individual Vehicle) P P P P
Restaurant
Restaurant, Full
Service C
1 P P P
Section C.10.100 (Eating and
Drinking Establishments)
Restaurant, Limited
Service C P P P
Restaurant with
Alcohol Service - MC MC MC
Entertainment and Recreation, Commercial
Commercial Athletic Facility - C MCS MCS n/a
Indoor Entertainment - - P P n/a
Indoor Sports and
Recreation - C P P n/a
Outdoor Entertainment - - C C n/a
Outdoor Sports and
Recreation - C C C n/a
Financial Institution

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Table B.6.020-A: Commercial Zones Use Regulations
“P” = Permitted Use | “MC” = Minor Conditional Use Permit approved by Zoning Administrator required | “MCS” = Minor Conditional Use Permit approved by Director required | “C” = Conditional Use Permit required |“-“ = Not Allowed Use CO C1 C2 HS Additional Regulations
Bank and Credit Union P P P P n/a
Check Cashing Business - - MCS MCS n/a
Pawnbroker - - MCS MCS n/a
Food and Beverage Retail Sales
Alcoholic Beverage Sales C 1 C C C n/a
Convenience Store - C C C n/a
Grocery Store, Large - P P p n/a
Grocery Store, Small - P P p n/a
Home Occupation - - - P Section C.10.130 (Home
Occupations)
Hospital C - C C n/a
Lodging
Hotel - - P P n/a
Motel - - C P n/a
Medical Support Laboratory P C C C n/a
Offices
Business and Professional
Office P p p p n/a
Medical Office/Clinic P P P - n/a
Retail
Firearms Dealer - - C C n/a
Large Format Retail - - P P n/a
Nursery and Garden Center - - P P n/a
Retail, Limited MCS P P P n/a
Retail Store, General
Merchandise - P P p n/a
Smoke/Tobacco Shop - C C C n/a
Services
Business Support Services - - P P n/a
Maintenance and Repair
Services - - P P n/a
Massage Establishment - - MC MC
Section C.10.160 (Massage
Establishments) Massage Establishment,
Accessory - - MCS MCS
Personal Services 2 - P P P n/a

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Table B.6.020-A: Commercial Zones Use Regulations
“P” = Permitted Use | “MC” = Minor Conditional Use Permit approved by Zoning Administrator required | “MCS” = Minor Conditional Use Permit approved by Director required | “C” = Conditional Use Permit required |“-“ = Not Allowed Use CO C1 C2 HS Additional Regulations
Repair/Cleaning/General
Services, Small - P P P n/a
Vehicle-Related Uses
Auto Broker MCS MCS MCS - Section C.10.070 (Auto Broker) Commercial Fueling Facility - - - C n/a
Fleet-Based Service - - MCS P n/a
Mobile Fueling 3 P/- P/- P/- P/- Milpitas Municipal Code Chapter V-300 (Fire Code)
Service Station C C P P Section C.10.190 (Service
Stations and Car Washes)
Vehicle Rental - - P P n/a
Vehicle Repair and Maintenance
Major - - C MCS n/a
Minor - - MCS P n/a
Vehicle Sales, Limited - - MCS - n/a
Vehicle Sales and Leasing - - C C n/a
Vehicle Washing - - C C Section C.10.190 (Service
Stations and Car Washes)
Industrial Uses
Custom and Artisan
Manufacturing - - MCS - n/a
Data Center C - - - n/a
Mini-Storage or Self-Storage - - C C n/a
Recycling Facility
Collection Facility - - MCS P n/a
Public, Institutional, and Recreational Uses
Child Care
Child Care Center MC MC MC MC
Section C.10.140 (Large Family
Child Care and Child Care
Centers)
Civic/Government P P P - n/a
Community Assembly
Major C C C C n/a
Minor P P P p n/a

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

Residential Uses
Emergency Shelter - - P P Section C.10.110 (Emergency
Shelters)
Single-Room Occupancy
Residences - - - C Section C.10.220 (Single Room
Occupancy Residences)
Unclassified Uses
Accessory Use P P P P n/a
Parking Lot 4 MCS MCS MCS P n/a
Parking Structure 4 C C MCS P n/a
Temporary Use See Section C.10.230 (Temporary Uses and Structures) Table Notes:
1 When intended to serve the occupants and patrons of the primary use and conducted from within the building. Entrance to the use must be provided internally or within the building, and no exterior display of advertising is allowed.

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2 When located on the ground floor, retail sales of products related to the personal services provided must be offered at the front of the premises near the pedestrian entrance and must comprise at least 10% of the floor area of the business establishment.
3 Mobile fueling is permitted when fueling service is ordered by an individual vehicle owner and the amount of fuel dispensed as part of any individual order does not exceed 50 gallons. Mobile fueling for fleet vehicles is not permitted. 4 Applies to parking lots or structures that are primary uses, as defined in Part XIII-E (Definitions).

B.6.030 Commercial Zones Development Standards
Table B.6.030-A (Commercial Zones Development Standards) establishes the development standards for commercial zones.

Table B.6.030-A: Commercial Zones Development Standards ft = feet | sf = square feet | du = dwelling unit | FAR = floor area ratio | n/a = not applicable Standard CO C1 C2 HS
Lot Area, min. n/a n/a 10,000 sf
Fronting major street:

1.5 acres
Fronting all other
streets: 20,000 sf
Lot Width, min. n/a n/a 100 ft
Fronting major street:
250 ft
Fronting all other
streets: 125 ft
Density (du/gross acre) 1 n/a n/a n/a n/a
Setbacks, min. (ft)
Front 10 0 0 Major street: 50
All other streets: 0
Interior side 10 0; 15 when abutting a
residential zone
0; 15 when abutting a
residential zone
0; 15 when abutting a
residential zone
Street side 10 0 0 0
Rear
10 ft; when abutting a
residential zone, not
less than the residential
zone’s required setback
0; 15 when abutting a
residential zone
0; 15 when abutting a
residential zone
0; 15 when abutting a
residential zone
FAR, max. 0.5 0.75 0.5 0.5
Primary Building Height,
max. 35 ft; 3 stories 2 35 ft; 3 stories 2 35 ft; 3 stories 2, 3, 4 35 ft; 3 stories 2, 3 Accessory Building
Height, max. 25 ft; 2 stories 2 25 ft; 2 stories 2 30 ft; 2.5 stories 2 30 ft; 2.5 stories 2 Usable Open Space

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Table B.6.030-A: Commercial Zones Development Standards ft = feet | sf = square feet | du = dwelling unit | FAR = floor area ratio | n/a = not applicable Standard CO C1 C2 HS
Per dwelling unit n/a n/a n/a n/a
Per site n/a n/a n/a n/a
Table Notes:
1 When determining the density of non-traditional housing configurations such as group living accommodations and single- room occupancy residences, three bedrooms may be counted as the equivalent of one unit. 2 Height must comply with standards for both height in feet and number of stories. 3 For property within 500 ft of the R1 or R2 zones, maximum height shall be limited to 30 ft and 2.5 stories. 4 The Planning Commission may allow building height up to 75 ft or 6 stories with Site Development Permit approval consistent with Subsection D.4.020 (Site Development Permits) provided that the fourth floor and above are stepped-back from the ground-floor street-facing building façade by a minimum of 8 ft. In deciding whether to grant additional building height, the Planning Commission shall consider site conditions, design elements, and other factors including but not limited to: width of abutting right-of-way; proximity of the site to R1, R2, and R3 zones; building setbacks in relation to proposed building height above 35 ft; and upper story step-backs.

B.6.040 Commercial Zones Supplemental Standards
Reserved.

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Chapter B.8 Mixed Use Zones and Standards
Sections:

B.8.010 Purpose
B.8.020 Mixed Use Zones Use Regulations
B.8.030 Mixed Use Zones Development Standards
B.8.040 Mixed Use Zones Supplemental Standards
B.8.010 Purpose
A. Mixed Use (MXD) Zone. The Mixed Use (MXD) Zone is intended to encourage a compatible mix of residential, retail, entertainment, office , and commercial service uses within a pedestrian - oriented streetscape.

B. Very High Density Mixed Use (MXD3) Zone. The Very High Density Mixed Use (MXD3 ) Zone is intended to provide very-high density housing, retail, and employment uses.

C. Neighborhood Commercial Mixed Use (NCMU) Zone. The Neighborhood Commercial Mixed Use (NCMU) Zone is intended to encourage a compatible mix of residential, retail, entertainment, office, and commercial uses. It is intended that the neighborhood- serving active uses such as grocery stores, retail, restaurants, and personal services at key locations on the ground level will help create a pedestrian-oriented streetscape and public spaces. The NCMU Zone is divided into three subdistricts:

1. NCMU1 allows commercial or mixed use development with the primary function as a commercial center to provide goods and services to the immediate neighborhood. The mix of uses may be vertical or horizontal.

2. NCMU2 allows commercial or mixed use development with some active commercial storefronts along the street frontages.

3. NCMU3 allows commercial, mixed use, or residential only development with no minimum commercial FAR. NCMU3 includes parcels that are less suitable for commercial use, such as those located on secondary streets, lacking street frontages, or adjacent to residential zones.

D. Town Center (TC) Zone. The Town Center (TC) Zone is intended to provide for an area that supports a wide range of administrative, business, entertainment, dining, and cultural activities , along with some residential uses, in the geographic center of Milpitas to suit the varying lifestyles of residents and visitors alike. The area is easily accessible via the c ity's transportation network.

The TC Zone is divided into three subdistricts:

1. TC1 allows commercial or mixed use development with the primary function as a commercial center to provide goods and services to the immediate neighborhood and larger community.

The mix of uses may be vertical or horizontal.

2. TC2 allows commercial or mixed use development with active commercial storefronts along the street frontages.

3. TC3 allows commercial, mixed use or residential only development with no minimum commercial FAR. TC3 includes parcels that are less suitable for retail uses, such as those located on secondary streets, lacking street frontages, or adjacent to residential zones.

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B.8.020 Mixed Use Zones Use Regulations
A. Table B.8.020-A (Mixed Use Zones Use Regulations) sets the land use regulations for mixed use zones. Land uses are defined in Chapter E.4 (Definitions of Uses). In cases where a land use is not listed in the table, the Director shall make a determination regarding similar use consistent with Subsection A.4.020.G (Determination of Similar Use).

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

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

Page 156 of 711 ends

Page 157 of 711 ends

Service Station C C - C Section C.10.190 (Service
Stations and Car Washes)
Vehicle Rental 8 MCS MCS - - n/a
Vehicle Sales, Limited MCS MCS - MCS n/a
Vehicle Sales and Leasing 8 C C - - n/a
Industrial & Research and Development Uses
Custom and Artisan Manufacturing MCS MCS MCS MCS n/a
Public, Institutional, and Recreational Uses
Child Care
Child Care Center MC MC C C
Section C.10.140 (Large
Family Child Care and
Child Care Centers)
Large Family Child Care Home P P P P
Section C.10.140 (Large
Family Child Care and
Child Care Centers)
Small Family Child Care Home P P P P n/a
Community Assembly
Major 9 C 2 C 2 C C n/a
Minor 9 MCS 2 MCS 2 MC MC n/a
Community Garden P P P P n/a
Educational Institutions

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Transportation Passenger
Terminal/Facility C C - C n/a
Wireless Telecommunications Facility See Section C.10.240 (Wireless Telecommunications Facilities) Residential Uses
Accessory Dwelling Unit and Junior
Accessory Dwelling Unit P P P P
Section C.10.030
(Accessory Dwelling Units
and Junior Accessory
Dwelling Units)
Boarding House C C C C n/a
Court Dwelling P P - - n/a
Elderly and Long-Term Care MC MC MC MC n/a
Emergency Shelter - P - - Section C.10.110
(Emergency Shelters)
Group Living Accommodation C C C C n/a
Live-Work Unit MCS MCS MCS MCS Section C.10.150 (Live- Work Units)
Low Barrier Navigation Center P P - - California Government Code § 65660
Multi-Family Dwelling P P P 11 P n/a
Residential Care Facility P P P P n/a
Single-Room Occupancy Residences P P P P
Section C.10.220 (Single
Room Occupancy
Residences)

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Table B.8.020-A: Mixed Use Zones Use Regulations
“P” = Permitted Use | “MC” = Minor Conditional Use Permit approved by Zoning Administrator required | “MCS” = Minor Conditional Use Permit approved by Director required | “C” = Conditional Use Permit required |“-“ = Not Allowed Use MXD MXD3 NCMU 1, 2, 3 TC 1, 2, 3 Additional Regulations Supportive Housing P P P 11 P California Government
Code § 65582
Transitional Housing P P P 11 P California Government
Code § 65582
Unclassified Uses
Accessory Use P P P P n/a
Parking Lot 12 MCS MCS - - n/a
Parking Structure 12 MCS MCS MCS MCS n/a
Temporary Use See Section C.10.230 (Temporary Uses and Structures) Table Notes:
1 Commercial athletic facilities may be permitted with approval of a Minor Conditional Use Permit (Director level) in the NCMU1 subzone, in accordance with Subsection D.4.030 (Use Permits), and are permitted in the NCMU2 and NCMU3 subzones. 2 These uses shall not be located within 1,000 ft of the same use. 3 In the NCMU and TC zones only, small grocery stores up to 15,000 square feet are permitted and grocery stores exceeding 15,000 square feet may be permitted subject to approval of a Conditional Use Permit consistent with Subsection D.4.030 (Use Permits). In all other zones, small and large grocery stores are defined and permitted according to the size thresholds stated in Chapter E.4 (Definitions of Uses).
4 These uses may be allowed provided they are: no more than 10,000 sf in gross floor area if located on the ground floor and are not open past 10:00 p.m.
5 Medical offices and clinics are permitted in the NCMU Zones when located on upper floors, and may be permitted with approval of a Minor Conditional Use Permit (Director level) in accordance with Subsection D.4.030 (Use Permits) when located on the ground floor.
6 When located on the ground floor, retail sales of products related to the personal services provided shall be offered at the front of the premises near the pedestrian entrance and shall comprise at least 10% of the floor area of the business establishment.
7 Mobile fueling is permitted when fueling service is ordered by an individual vehicle owner and the amount of fuel dispensed as part of any individual order does not exceed 50 gallons. Mobile fueling for fleet vehicles is not permitted. 8 Excluding long-term parking and storage of vehicles for rent, sale, or lease, must be fully enclosed within a building. 9 Churches and religious institutions are permitted in any location within the MXD, MXD3, NCMU, and TC Zones. 10 Trade and vocational schools may be permitted subject to approval of a Conditional Use Permit consistent with Subsection D.4.030 (Use Permits), provided that they are not found objectionable due to noise, odor, vibration or other similar factors related to health, safety and welfare.
11 Spaces serving upper-floor residential uses, such as common gathering space, lobby, and resident services, may be allowed as ground floor uses where residential uses would otherwise not be permitted. 12 Applies to parking lots or structures that are primary uses, as defined in Part XIII-E (Definitions).

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B.8.030 Mixed Use Zones Development Standards
Table B.8.030-A (MXD and MXD3 Zone Development Standards) establishes the development standards for the MXD zones. Table B.8.030-B (NCMU Zone Development Standards) establishes the development standards for the NCMU zones. Table B.8.030 -C ( TC Zone Development Standards ) establishes the development standards for the TC zones.

Table B.8.030-A: MXD and MXD3 Zone Development Standards ft = feet | sf = square feet | du = dwelling unit | FAR = floor area ratio | n/a = not applicable Standard MXD MXD3
Lot Area, min. n/a n/a
Lot Width, min. n/a n/a
Residential Density
(du/gross acre) 1
Min.: 21 2
Max.: 30
Min.: 41 3
Max.: 75 3
Setbacks (ft) 4, 5
Front Min.: 8
Max.: 15 from back of sidewalk 6
Min.: 12
Max.: 20
Interior side
Ground Level Commercial Area,
min.: 0
All other areas, min.: 10
Min.: 10; 15 when abutting a
residential zone; 20 for portions
of buildings over 60 ft or four
stories tall
Street side Min.: 8
Max.: 15 from back of sidewalk 6
Min.: 12
Max.: 20
Rear Min.: 10
Min.: 15; 20 when abutting a
residential zone; 30 for portions
of buildings over 60 ft or four
stories tall
FAR, max. 7 0.75 for nonresidential and
mixed-use projects

1.5 for nonresidential and mixed-
use projects 8, 9
Primary Building
Height, max. 45 ft; 3 stories 10 150 ft; 12 stories10, 11 Accessory Building
Height, max. 25 ft; 2 stories 10 30 ft; 2.5 stories 10
Usable Open Space 12
Per dwelling unit
See Milpitas Residential and
Mixed-Use Objective Design
Standards
See Milpitas Residential and
Mixed-Use Objective Design
Standards
Per site 13 25% 25%
Table Notes:
1 When determining the density of non-traditional housing configurations such as group living accommodations and single- room occupancy residences, three bedrooms may be counted as the equivalent of one unit.

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2 The minimum density may be reduced for parcels less than 20,000 sf if the Review Authority finds that it is impractical or infeasible to achieve the minimum density and the project is consistent with the City’s Housing Element. 3 Density may be averaged over contiguous parcels. Units with four bedrooms shall be counted as 1.5 units when calculating density.
4 Where a public easement prevents a building from being located at its required minimum or maximum setbacks, the building shall be located as close to the back of the easement as possible. 5 A building's first floor may be recessed from the maximum front and/or street side setback line for the purposes of an arcade, or a small gathering/dining or special entry area. An arcade shall have a minimum height of 8 ft and a minimum width of 8 ft.

Other recessed areas may have maximum depth of 10 ft and may not exceed 40% of the building's street facing elevation. An entry door area up to 9 ft wide may be recessed up to 4 ft from the back of the sidewalk. 6 The sidewalk shall be based on either existing sidewalk or an assumed 10-ft wide sidewalk, whichever is wider. 7 Retail, restaurant, childcare, or commercial services uses on the ground floor do not count toward the FAR calculation. 8 An FAR of up to 2.5 for nonresidential buildings may be approved by the Review Authority with a Site Development Permit, in compliance with Subsection D.4.020 (Site Development Permits). 9 There are no FAR or density limits for hotels.
10 Height must comply with standards for both height in feet and number of stories. 11 The Planning Commission may allow building height up to 20 stories with Site Development Permit approval consistent with Subsection D.4.020 (Site Development Permits).
12 Usable open space may be satisfied through a combination of private open space, common open space, and/or publicly accessible open space provided that all applicable minimum requirements and standards for each open space type are complied with (see Milpitas Residential and Mixed-Use Objective Design Standards). 13 Per site requirements may also include areas that are landscaped consistent with Chapter C.4 (Landscaping Standards).

Table B.8.030-B: NCMU Zone Development Standards
ft = feet | sf = square feet | du = dwelling unit | FAR = floor area ratio | n/a = not applicable Standard NCMU1 NCMU2 NCMU3
Lot Area, min. n/a n/a n/a
Residential Density
(du/gross acre) 1, 2 Max.: 60 Max.: 60 Min.: 30 3
Max: 60 3
Setbacks (ft) 4
Front and street side,
min.

Residential: 10
Commercial: 0
Residential: 10
Commercial: 0
Residential: 10
Commercial: 0
Interior side, min. 5
For residential only and mixed-
use developments: 10
For all other non- residential
developments: None required
On lots abutting a single- family
residential zone: 25
For residential only and mixed-
use developments: 10
For all other non- residential
developments: None required
On lots abutting a single- family
residential zone: 25
For residential only and mixed-
use developments: 10
For all other non- residential
developments: None required
On lots abutting a single- family
residential zone: 25
Rear, min. 5
For residential only and mixed-
use developments: 10
For all other non- residential
developments: None required
On lots abutting a single- family
residential zone: 25
For residential only and mixed-
use developments: 10
For all other non- residential
developments: None required
On lots abutting a single- family
residential zone: 25
For residential only and mixed-
use developments: 10
For all other non- residential
developments: None required
On lots abutting a single- family
residential zone: 25

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Table B.8.030-B: NCMU Zone Development Standards
ft = feet | sf = square feet | du = dwelling unit | FAR = floor area ratio | n/a = not applicable Standard NCMU1 NCMU2 NCMU3
FAR, Non-Residential
and Mixed Use
Projects 6
No min. for commercial
only projects.

0.20 min. commercial for
mixed use projects.

Minimum FAR may be
calculated or distributed
throughout a development
and across multiple
adjoining parcels.

0.50 max.

Maximum FAR does not apply
to hotels.

No min. for commercial
only projects.

0.10 min. commercial for
first 100 feet of parcel depth
fronting a public street for
mixed-use projects. Note:

Minimum commercial FAR
may be calculated or
distributed throughout a
development and across
multiple adjoining parcels
and is not required to be
located within the first 100
feet of parcel depth.

0.50 max.

Maximum FAR does not apply
to hotels.

No min. for commercial only
projects.

0.50 max.

Maximum FAR does not apply to
hotels.

Primary Building
Height, max. 7 60 ft and 5 stories 60 ft or 5 stories 60 ft or 5 stories Accessory Building
Height, max. 7 25 ft and 2 stories 25 ft and 2 stories 25 ft and 2 stories Usable Open Space
Per dwelling unit See Milpitas Residential and Mixed-Use Objective Design Standards Per site See section B.8.040.G.

Table Notes:
1 Residential units with four bedrooms shall be counted as 1.5 units when calculating density. 2 When determining the density of non-traditional housing configurations such as group living accommodations and single- room occupancy residences, three bedrooms may be counted as the equivalent of one unit. 3 For NCMU3 properties, density may be averaged over contiguous parcels. 4 Where a public easement prevents a building from being located at its required minimum or maximum setbacks, the building shall be located as close to the back of the easement as possible. 5 To mitigate the effects of adjacent service commercial or light industrial uses, increased setbacks and other measures, such as a solid six-foot fence or masonry wall, shall be considered on a case by case basis by the Review Authority during the Site Development Permit process, taking into consideration the nature of adjacent uses. 6 Redevelopment of an existing commercial property to include new residential uses shall calculate the minimum commercial FAR upon the redeveloped portion of the property only. The Review Authority shall have discretion to give credit to any retained commercial uses on the same parcel or adjacent parcels under common ownership when calculating the required minimum FAR.
7 Height must comply with standards for both height in feet and number of stories.

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Table B.8.030-C: TC Zone Development Standards
ft = feet | sf = square feet | du = dwelling unit | FAR = floor area ratio | n/a = not applicable Standard TC1 TC2 TC3
Lot Area, min. n/a n/a n/a
Residential Density
(du/gross acre) 1, 2 Max.: 65 Max.: 65 Min.: 30 3
Max: 65 3
Setbacks (ft) 4
Front and street side,
min.

For ground floor non-residential
use: 15
For ground floor residential use:
20 For developments along E.

Calaveras Blvd: 35
For ground floor non-residential
use: 15
For ground floor residential use:
20 For developments along E.

Calaveras Blvd: 35
Interior side, min. 5
For residential only and mixed-
use developments: 10
For all other non- residential
developments: None required
On lots abutting a single-family
residential zone: 15
For residential only and mixed-
use developments: 10
For all other non- residential
developments: None required
For residential only and mixed-
use developments: 15
For residential only and mixed-
use developments: 10
For all other non- residential
developments: None required
For residential only and mixed-
use developments: 15
Rear, min. 5
For residential only and mixed-
use developments: 10
For all other non- residential
developments: None required
On lots abutting a single- family
residential zone: 15
For residential only and mixed-
use developments: 10
For all other non- residential
developments: None required
On lots abutting a single- family
residential zone: 15
For residential only and mixed-
use developments: 10
For all other non- residential
developments: None required
On lots abutting a single- family
residential zone: 15
FAR, Non-Residential
and Mixed Use
Projects 6
No min. for commercial
only projects.

0.35 min. commercial for
mixed use projects.

Minimum FAR may be
calculated or distributed
throughout a development
and across multiple
adjoining parcels.

0.85 max.

Maximum FAR does not apply
to hotels.

No min. for commercial
only projects.

0.10 min. commercial for
first 100 feet of parcel depth
fronting a public street for
mixed-use projects. Note:

Minimum commercial FAR
may be calculated or
distributed throughout a
development and across
multiple adjoining parcels
and is not required to be
located within the first 100
feet of parcel depth.

0.85 max.

Maximum FAR does not apply
to hotels.

No min. for commercial only
projects.

0.85 max.

Maximum FAR does not apply to
hotels.

Primary Building
Height, max. 7 75 ft and 6 stories 75 ft and 6 stories 75 ft and 6 stories

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Table B.8.030-C: TC Zone Development Standards
ft = feet | sf = square feet | du = dwelling unit | FAR = floor area ratio | n/a = not applicable Standard TC1 TC2 TC3
Accessory Building
Height, max. 7 25 ft and 2 stories 25 ft and 2 stories 25 ft and 2 stories Usable Open Space
Per dwelling unit See Milpitas Residential and Mixed-Use Objective Design Standards Per site See section B.8.040.G.

Table Notes:
1 Residential units with four bedrooms shall be counted as 1.5 units when calculating density. 2 When determining the density of non-traditional housing configurations such as group living accommodations and single- room occupancy residences, three bedrooms may be counted as the equivalent of one unit. 3 For TC3 properties, density may be averaged over contiguous parcels. 4 Where a public easement prevents a building from being located at its required minimum or maximum setbacks, the building shall be located as close to the back of the easement as possible. 5 To mitigate the effects of adjacent service commercial or light industrial uses, increased setbacks and other measures, such as a solid six-foot fence or masonry wall, shall be considered on a case by case basis by the Review Authority during the Site Development Permit process, taking into consideration the nature of adjacent uses. 6 Redevelopment of an existing commercial property to include new residential uses shall calculate the minimum commercial FAR upon the redeveloped portion of the property only. The Review Authority shall have discretion to give credit to any retained commercial uses on the same parcel or adjacent parcels under common ownership when calculating the required minimum FAR.
7 Height must comply with standards for both height in feet and number of stories.

NCMU2 and TC2 Minimum Commercial Floor Area Diagram

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B.8.040 Mixed Use Zones Supplemental Standards
A. Building Orientation. All buildings shall be oriented towards the street. Primary building entrances shall be oriented toward the street. For buildings located on corner lots, primary building entrances may be oriented toward either street.

B. Front and Street Side Setbacks.

1. Trellises, canopies, and fabric awnings may project up to five feet into minimum front and street side setback areas and public rights-of-way, provided they are not less than eight feet above the sidewalk.

2. In the MXD Zone, b alconies, bay windows, porches, stoops, trellises, canopies , and awnings may project into the minimum setback areas provided at least 60 percent of the required setback area is landscaping.

C. Landscaping. All required front and street setback areas shall be landscaped or paved to allow for outdoor seating, display or goods, or street furniture.

D. Utilities.

1. Utilities shall be placed in underground or subsurface conduits consistent with Section C.2.150 (Underground Utilities).

2. Utilities shall be screened consistent with Subsection C.2.140.D (Equipment Screening).

3. Public utility distribution meters, vaults and similar installations shall be consolidated in a single area whenever possible and located away from highly visible areas such as street corners and public open spaces.

4. Backflow preventors shall be located within landscaped setback areas and painted black or dark green to minimize visual impact. Where no landscaped setback areas exist the backflow preventors shall be incorporated into the front of the building to minimize visual obtrusiveness.

5. Refuse and recycling containers shall not be visible from a public or private street. Such containers shall be stored either within the parking facility of the building or within a vehicular accessway with screening designed to meet the requirements of this Subsection.

6. Trash enclosure walls shall incorporate building materials and colors that match the architecture of the building and be well landscaped.

7. All telecommunications antennas shall be building facade or roof mounted and screened consistent with Subsection C.2.140.D (Equipment Screening).

8. On Main Street only telecommunication facilities that are disguised to appear as a part of the building architecture (i.e., "stealth" antennas) may be used.

E. TC Zone Setbacks for Residential Projects. Setbacks for residential projects in the TC Zone shall be determined through a Site Development Permit, except for the Calaveras Boulevard setback.

F. Mixed Use and Residential-Only Development Projects in the NCMU and TC zones.

1. Mixed use developments in the NCMU and TC zones shall provide commercial or active spaces designed to accommodate neighborhood -serving commercial uses at the ground level, and may include residential units. A proposed project in NCMU1, NCMU2, TC1, and TC2 shall include a minimum non -residential component in full compliance with the requirements of

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its zoning district as defined in section 11 -10-6.04 Mixed Use Zone General Development Standards.

2. 100% affordable developments in NCMU1, NCMU2, TC1, and TC2 are exempt from the minimum non-residential requirement.
a. 100 percent of the residential units must be affordable to low -income (earning up to 80 percent of area median income) and/or very low income (earning up to 50 percent of area median income) households, as defined by the U.S. Department of Housing and Urban Development.
b. Affordability requirements shall be administered through a deed restriction, such as a restrictive covenant or other legally enforceable recorded instrument, for a minimum term of 55 years.

G. Park Land and Open Space Requirements for NCMU and TC Zones.

1. Park Land. All residential projects shall provide park land at a ratio of three and one-half (3.5) acres per 1,000 population.
a. Park land requirements must be satisfied by either dedication of land to the City for public parks and open space, or payment of an in -lieu fee, as set forth in Section 9 (Park Dedication) of the Milpitas Subdivision Ordinance (Title XI, Chapter 1).

2. Publicly Accessible Parks and Open Spaces. All mixed use or residential only projects on sites between three and five acres shall dedicate five percent of total site area to publicly accessible parks and open space. All mixed use or residential only projects greater than five acres shall dedicate 10 percent of total site area to publicly accessible parks and open space. Publicly accessible parks, plazas, and open spaces provided to meet the requirement below may be counted towards the park land requirement above.

3. Usable Open Space. A minimum of 25 percent of the total site shall be usable open space or recreational facilities. Usable open space may be provided as Common Open Space or Private Open Space.

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Chapter B.10 Industrial Zones and Standards
Sections:

B.10.010 Purpose
B.10.020 Industrial Zones Use Regulations
B.10.030 Industrial Zones Development Standards
B.10.040 Industrial Zones Supplemental Standards
B.10.010 Purpose
The purpose of the industrial zones are as follows:

A. Light Industrial (M1) Zone. The Light Industrial (M1) Zone is reserved for the construction, use , and occupancy of buildings and facilities for office, research, limited and light manufacturing, and other uses compatible with the Zone.

B. Heavy Industrial (M2) Zone. The Heavy Industrial (M2) Zone is reserved for the construction, use, and occupancy of buildings and facilities for office, research, general manufacturing, warehousing and distribution, and other uses compatible with the Zone.

C. Industrial Park (MP) Zone. The Industrial Park (MP) Zone is intended to accommodate, in a park- like setting, a limited group of research, professional, packaging and distribution facilities and uses that are not associated with noise, odor, and similar impacts.

D. Business Park Research and Development (BPRD) Zone.

The purpose of the Business Park
Research and Development ( BPRD) Zone is to designate specific areas of the city as important employment centers, especially for jobs in the high- tech industry. The BPRD Zone is intended to accommodate business parks, high-intensity office buildings, advanced manufacturing, and other light industrial uses, and to enable the integration and growth of research and development, office, warehouse, and light manufacturing uses o n consolidated sites with supportive ancillary uses such as restaurants, health/fitness centers, limited retail, and child care facilities.

B.10.020 Industrial Zones Use Regulations
A. Table B.10.020-A (Industrial Zones Use Regulations) sets the land use regulations for industrial zones. Land uses are defined in Chapter E.4 (Definitions of Uses). In cases where a land use is not listed in the table, the Director shall make a determination regarding similar use consistent with Subsection A.4.020.G (Determination of Similar Use).

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

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

Table B.10.020-A: Industrial Zones Use Regulations
“P” = Permitted Use | “MC” = Minor Conditional Use Permit approved by Zoning Administrator required | “MCS” = Minor Conditional Use Permit approved by Director required | “C” = Conditional Use Permit required |“-“ = Not Allowed Use M1 M2 MP BPRD Additional Regulations
Commercial Uses
Adult-Oriented Business MCS - - - Section C.10.040 (Adult- Oriented Businesses)
Animal Care and Services
Kennel P - - - Milpitas Municipal Code
Section V-210-11 (Permits for
Animal Facilities and Animal
Adoption Organizations)
Veterinarian Clinic P - P -
Veterinarian Hospital P - P -
Commissary or Catering P - P MCS n/a
Drive-Through Facility C - C - Section C.10.090 (Drive- Through Facilities)
Eating and Drinking Establishment
Microbreweries MC MC - - Section C.10.100 (Eating and
Drinking Establishments)
Mobile Food Vending (Individual
Vehicle) P P P P Section C.10.170 (Mobile Food
Vending)
Restaurant
Restaurant, Full Service C - C C 1
Section C.10.100 (Eating and
Drinking Establishments)
Restaurant, Limited Service C - C MC 1
Restaurant with Alcohol
Service C - C C
1 Entertainment and Recreation, Commercial
Commercial Athletic Facility C - C MCS 1, 2 n/a
Indoor Entertainment C - C - n/a
Indoor Sports and Recreation C - C MCS 1, 2 n/a
Financial Institution
Bank and Credit Union C - P - n/a
Food and Beverage Retail Sales
Alcoholic Beverage Sales - - - C 1 n/a

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Table B.10.020-A: Industrial Zones Use Regulations
“P” = Permitted Use | “MC” = Minor Conditional Use Permit approved by Zoning Administrator required | “MCS” = Minor Conditional Use Permit approved by Director required | “C” = Conditional Use Permit required |“-“ = Not Allowed Use M1 M2 MP BPRD Additional Regulations
Convenience Store C - C - n/a
Lodging
Hotel C - C - n/a
Motel C - C - n/a
Medical Support Laboratories P - P MCS n/a
Offices
Medical Office/Clinic P - P MCS n/a
Retail
Large Format Retail P C P - n/a
Retail, Limited C - C MCS 1 n/a
Retail Store, General Merchandise C - C - n/a
Services
Business Support Services P - P MCS 2 n/a
Maintenance and Repair Services P - - - n/a
Massage Establishment,
Accessory MCS - MCS 1 MCS 1
Milpitas Municipal Code III-6
(Massage Establishments and
Practitioners); Section
C.10.160 (Massage
Establishments)
Personal Services C - C C n/a
Repair/Cleaning/General Services,
Small P - - - n/a
Vehicle-Related Uses
Auto Broker MCS MCS MCS - Section C.10.070 (Auto Broker) Commercial Fueling Facility C C - - n/a
Fleet-Based Service MCS P - - n/a
Mobile Fueling 3 P/C P/C P/C P/C Milpitas Municipal Code Chapter V-300 (Fire Code)
Service Station 4 C C C - Section C.10.190 (Service
Stations and Car Washes)

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Freight and Trucking Yard 6 - P - - n/a
Industry, General P P MC MC n/a
Industry, Heavy - P - MC/- 7 n/a
Industry, Light P P P MCS n/a
Mini-Storage or Self-Storage C C - - n/a
Parcel Hub P MCS P C n/a
Recycling Facility 6
Collection Facility P P P C n/a
Intermediate Processing Facility MCS P - - n/a
Primary Processing Facility C C - - n/a
Research and Development P MCS P P n/a
Salvage and Wrecking 6 - C - - n/a

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California Health and Safety
Code § 40458.5 and 40522.7
Wholesale Sales P P P P n/a
Public, Institutional, and Recreational Uses
Child Care
Child Care Center - - MC 1 MC 1
Section C.10.140 (Large Family
Child Care Centers and Child
Care Centers)
Community Assembly
Major - - C - Section B.10.040.A
(Community Assembly in
Industrial Zones)
Minor C - C -
Educational Institutions
College/University, Private - - - C n/a
Trade and Vocational School C - C C n/a
Farmers’ Market - - C MCS Section C.10.120 (Farmers’
Market)
Public Utilities P P P - n/a
Transportation Passenger
Terminal/Facility
6 C C - - n/a
Wireless Telecommunications Facility See Section C.10.240 (Wireless Telecommunications Facilities) Residential Uses
Caretaker’s Residence C C - - n/a
Unclassified Uses
Accessory Use P P P P n/a
Parking Lot 9 P P MCS MCS n/a
Parking Structure 9 P P MCS MCS n/a
Temporary Uses Section C.10.230 (Temporary Uses and Structures) Table Notes:

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1 Limited to accessory uses that support primary employment-generating uses on the same site. Accessory commercial uses such as restaurants and convenience retail shall be located on the ground floor and in an area of the development where they can be directly accessed by the public.
2 Maximum 8,000 gross square feet in size.
3 Mobile fueling is permitted when fueling service is ordered by an individual vehicle owner and the amount of fuel dispensed as part of any individual order does not exceed 50 gallons. Mobile fueling for fleet vehicles may be permitted subject to approval of a Conditional Use Permit. Refer also to the California Fire Code as amended by Milpitas Municipal Code Chapter V- 300 (Fire Code).
4 Entrances to the services bays shall not be open to the street, but shall be so designed to face the rear or interior side property line.
5 Dealerships shall be on a property of at least three acres. Boat and camper sales are prohibited. Vehicle rental and repair must be accessory to a dealership.
6 When conducted wholly within a completely enclosed building or within an area enclosed on all sides with a solid wall or fence (e.g., chain link with slats) not less than eight feet in height. 7 Consistent with the intent and purpose of the BPRD Zone to support emerging industries within the high-tech sector, manufacturing and assembling of electric vehicles and other zero-emission vehicles, and/or component parts for such vehicles, may be permitted in this zone through approval of a Minor Conditional Use Permit in accordance with Subsection D.4.030 (Use Permits). Heavy industrial uses, including manufacturing and assembling of conventional and hybrid vehicles with internal combustion engines, are not permitted in the BPRD Zone. 8 Warehousing and distribution facilities up to 200,000 square feet are permitted in the BPRD Zone. Warehousing and distribution facilities that exceed 200,000 square feet may be allowed through the approval of a Conditional Use Permit, in accordance with Subsection D.4.030 (Use Permits). In addition to the general required findings for a Conditional Use Permit, the following special finding must be made for approval to be granted for a warehousing and distribution facility greater than 200,000 square feet: That the proposed use will support the continued operations and/or growth of business in the high-tech sector, contributing to economic activity and employment opportunities in the Business Park Research and Development Zone. 9 Applies to parking lots or structures that are primary uses, as defined in Part XIII-E (Definitions).

B.10.030 Industrial Zones Development Standards
Table B.10.030-A (Industrial Zones Development Standards) establishes the development standards for residential zones.

Table B.10.030-A: Industrial Zones Development Standards ft = feet | sf = square feet | du = dwelling unit | FAR = floor area ratio | n/a = not applicable Standard M1 M2 MP BPRD
Lot Area, min.
(sf) n/a n/a n/a 25,000 sf
Lot Width, min.
(ft) n/a n/a 100 100 ft
Setbacks, min. (ft)
Front Along major street: 35 from face of curb
Along non-major street: 25 from face of curb 35 10
Interior side n/a 10 None; 20 ft where
abutting residential zone
Street side Along major street: 35 from face of curb
Along non-major street: 25 from face of curb 35 10

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Table B.10.030-A: Industrial Zones Development Standards ft = feet | sf = square feet | du = dwelling unit | FAR = floor area ratio | n/a = not applicable Standard M1 M2 MP BPRD
Rear n/a 20 None; 20 ft where
abutting residential zone
FAR Max.: 1.0 Min.: 0.35
Max.: 2.5
Primary Building
Height, max. 50 ft; 3 stories 1 80 ft; 5 stories 1
Accessory
Building Height,
max.
35 ft
Usable Open Space
Per site n/a n/a n/a
See Section B.10.040.D.4
(Site Design for Large
Projects)
Table Notes:
1 Height must comply with standards for both height in feet and number of stories.

B.10.040 Industrial Zones Supplemental Standards
A. Community Assembly in Industrial Zones.

1. Community assembly is prohibited in the Heavy Industrial (M2) Zone and Business Park Research and Development (BPRD) Zone. When any community assembly use is established in the Light Industrial ( M1) or Industrial Park ( MP) zones, the community assembly use shall be subject to the following requirements:
a. Applicant shall submit a review of potential hazardous site conditions and potential exposure of site users to these conditions. At a minimum, a Phase I Environmental Site Assessment (ESA) shall be performed for each proposed community assembly use. Each individual project shall comply with the recommendations of the Phase I Environmental Site Assessment (which may include conducting Phase II sampling and implementing the recommendations of the Phase II ESA that may include cleanup of ha zardous materials) and demonstrate that exposure of site users to hazardous materials conditions would be below established thresholds prior to approval of the Conditional Use Permit.

In addition, an Accidental Release Assessment (ARA) shall be performed to determine if unacc eptable safety risks may result from the proposed change in use. The ARA shall review and evaluate any and all Risk Management Plans prepared for facilities in the vicinity under the California Accidental Release Prevention (CalARP) program. The environmental professional preparing the ARA shall determine, based on Alternative Release Scenarios, whether the proposed new community assembly use would result in unacceptable safety risks due to proximity of uses handling or emitting acutely hazardous materials. If unacceptable risks are identified, the proposed use shall not be allowed.

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b. Applicant shall submit a further noise study. The noise study shall demonstrate that ambient noise conditions within the vicinity of the proposed assembly use do not exceed the City's “ normally acceptable” Noise Compatibility Standard of 70 dBA Ldn. In the event that existing conditions exceed the “normally acceptable” standard the proposed community assembly use may be required to install noise insulating materials to achieve the interior noise standard. Also as a condition of approval, proposed community assembly uses shall be required to sign a disclosure of acknowledgment that they agree to operate within an existing industrial area and may be subject to noise levels that exceed the City of Milpitas's Noise Compatibility Standards for noise-sensitive uses. c. No community assembly use shall install or otherwise use exterior public address systems or other noise generating equipment that exceeds the 70 dBA noise standard.

2. No new structure shall be constructed within the M1 or MP zones for use as community assembly and no more than 50 percent of the square footage of any existing structure within the M1 or MP zone shall be converted to use as community assembly.

3. No exterior modifications to any existing structure within the M1 or MP zone shall be permitted if such modifications would materially alter the structure's appearance or future use as an industrial building.

B. All Uses in the BPRD Zone. All uses and activities in the BPRD Zone must take place within an enclosed building.

C. Special Development Standards in All Industrial Zones. The following standards shall apply in all industrial zones:

1. Industrial buildings and any outdoor storage shall be located a t least 100 feet from the nearest property line of any residential zone.

2. Outdoor storage areas shall not be within any required front or street side setback area and must be screened with a solid wall or opaque fence consistent with Section C.2.140 (Screening Standards).

D. Special Design Standards in the BPRD Zone.

1. Building Entrances.
a. At least one building entrance must be provided along the primary street frontage.
b. The primary building entrance must incorporate a projection, recess, or combination of projection and recess at least 40 square feet in area and with a minimum depth of five feet.

2. Façade Design and Articulation.
a. Facades within 20 feet of a front or street side property line shall include windows, doors, other openings, or glazed areas for at least 40 percent of the building wall area located between 2.5 feet above the level of the sidewalk and the underside of the roof structure for portions of the façade within 75 feet of the street-facing main entry.

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b. No street- facing façade may run in a continuous plane for more than 90 feet without an opening.

FIGURE B.10.040 -1: FAÇADE DESIGN AND TRANSPARENCY

c. All building facades must incorporate window trim and/or window recesses, architectural features, changes in material, changes in texture, or similar design elements that add visual interest to the facade. This includes a varied palette of materials, textures, and colors that emphasize details and changes in plane.

3. Pedestrian and Bicycle Circulation.
a. A system of pedestrian walkways shall connect all primary building entrances on a site to each other, to on -site vehicle and bicycle parking areas, and to any on - site usable open space areas, pedestrian amenities, and transit stops. Walkways may be located within public utility easement areas provided they are publicly accessible.
b. Walkways between the primary building entrance and sidewalk shall be the shortest practical distance, generally no more than 125 percent of the straight - line distance.
c. Walkways shall be hard -surfaced and paved with materials that are visually distinct from vehicular access areas in terms of composition, texture, and/or color.
d. Where a required walkway crosses a driveway, parking area, or loading area, it must be clearly identifiable through a raised crosswalk, a different paving appearance, material, or similar method.
e. Where a required walkway is parallel and adjacent to a vehicle travel area, it must be raised or separated from the vehicle travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

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FIGURE B.10.040 -2: ON-SITE CIRCULATION

4. Site Design for Large Projects. Projects over 80,000 gross square feet must provide the following:
a. Landscaped areas and usable outdoor common open space equal to a cumulative 10 percent of the site area that:
(i) Provides gathering space or opportunities for active or passive recreation and benches or other seating.
(ii) Provides amenities that enhance the comfort, aesthetics, or usability of the space, including but not limited to trees and other landscaping, shade structures, drinking fountains, water features, or public art. (iii) Is separated from on-site parking areas by a minimum of six feet. (iv) May include on-site stormwater treatment areas and landscaped areas.

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b. A minimum of 400 square feet of outdoor eating facilities for the use of employees. Outdoor eating areas shall have a minimum dimension of 12 feet and shall include tables, seating and covering to provide protection from sun and weather conditions. Employee eating areas must be contiguous with required on- site public open space or provided in a separate area. This area may be included as part of the open space requirement.
(i) Stormwater detention facilities incorporated into the site landscaping.

Refer also to Milpitas Municipal Code Subsection VIII -5-3 (Provisions for New and Rehabilitated Landscapes).
(ii) A lighting, landscaping, and signage design concept for common areas.

Refer also to Section C.2.070 (Lighting and Illumination ) for general lighting standards and to Chapter C.8 (Signs).

5. Parking and Loading.
a. Parking location.
(i) Required parking spaces shall be located on the same lot as the use they serve.
(ii) Parking areas shall be set back from adjacent buildings and streets as follows:
(a) From streets. Where parking is located between a building and street, a landscaped setback at least 10 feet wide must be provided between the parking area and adjacent right -of-way.

Parking for trucks and large vehicles must be set back at least 40 feet from the street.
(b) From on-site buildings. Parking areas must be separated from the front and side exterior walls of on -site buildings by walkways at least five feet in width.
(iii) On-site parking shall not be located within a required setback. b. Parking design.
(i) Access. Driveways shall not exceed 35 feet in width, except that driveways providing large truck access to truck bays shall not exceed 40 feet in width. All driveways must be located a minimum of 50 feet from the boundary of an abutting residential or open space zone. (ii) Screening. Parking and loading areas shall be screened from view from public streets and properties in abutting residential, mixed -use, or commercial zones, according to the following standards. (a) Height. Screening of parking lots from adjacent public streets shall be a minimum of three feet in height. Screening of parking lots along interior lot lines that abut residential or open space zones shall be a minimum of six feet in height.

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(b) Design. Screening should generally be opaque, but may have some degree of transparency depending on method used (e.g., plant material), and must consist of one or any combination of the methods listed below:
(1) Walls. Low-profile walls consisting of brick, stone, stucco, or other quality durable material and including a
decorative cap or top finish as well as edge detail at wall ends.
(2) Fences. An openwork design fence of wood wrought
iron, or similar high -quality, durable material combined with plant materials. This option does not include the use of chain-link or vinyl fencing.
(c) Planting. Plant materials consisting of compact evergreen plants.

Such plant materials must achieve a minimum height of two feet within 18 months after initial installation.
(d) Berms. Berms planted with grass, ground cover, or other low - growing plant materials.
c. Loading areas. Truck docks, loading areas, and service areas within 100 feet of a public street shall not be visible from the public street. The outermost point of the truck docks, loading, and service areas are not permitted within 50 feet of the boundary of a residential zone.

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Chapter B.12 Metro Specific Plan Zones and Standards
Sections:

B.12.010 Purpose
B.12.020 Metro Specific Plan Zones Use Regulations
B.12.030 Metro Specific Plan Zones Development Standards B.12.040 Metro Specific Plan Zones Supplemental Standards B.12.010 Purpose
A. Metro Multi -Family High Density Residential (R3- Metro) Zone. The purpose of the R3 -Metro Zone is to create and enhance high-density residential areas characterized by a mix of multi-family unit types and small -scale neighborhood businesses where appropriate. The R3 -Metro Zone implements the Multi-Family High Density Residential (MFH) land use designation as described in the Metro Specific Plan.

B. Metro Multi -Family Very High Density Residential (R4 -Metro) Zone . The purpose of the R4 - Metro Zone is to create and enhance very high-density residential areas characterized by low- and mid-rise multi-family residential buildings and compatible commercial uses where appropriate.

The R4 Zone is intended to provide for higher -density residential "villages" structured around transit stations, streets, creek side open spaces, trails and parks. The R4-Metro Zone implements the Multi-Family Very High Density Residential (VHD) land use designation as described in the Metro Specific Plan.

C. Metro Urban Residential (R5 -Metro) Zone. The purpose of the R5 -Metro Zone is to create and enhance very high -density residential areas characterized by high -rise residential buildings and compatible commercial uses structured around transit stations. The R5 -Metro Zone implements the Urban Residential (URR) land use designation as described in the Metro Specific Plan.

D. Metro High Density Mixed Use (MXD2-Metro) Zone. The purpose of the MXD2-Metro Zone is to create and enhance areas with a mix of retail, restaurant, entertainment, and commercial service uses on the ground floor and residential or office uses on upper stories, while maintaining a pedestrian-oriented streetscape. It is intended that the r equired active ground floor uses will ensure neighborhood-oriented retail and services are provided within walking distance of high - density residential development. The MXD2-Metro Zone implements the Residential Retail Mixed Use (RRMU) land use designation as described in the Metro Specific Plan.

E. Metro Very High Density Mixed Use (MXD3-Metro) Zone. The purpose of the MXD3-Metro Zone is to create and enhance urban areas characterized by a mix of very -high density housing, retail and employment uses. The MXD3 -Metro Zone implements the Boulevard Very High Density Mixed Use (BVMU) land use designation as described in the Metro Specific Plan.

F. Metro Business Park Research and Development, Limited Residential (BPRD-R-Metro) Zone. The purpose of the BPRD -R-Metro Zone is to designate specific areas of the city as important employment centers, especially for jobs in the high- tech industry, with limited, integrated residential development. The BPRD -R-Metro Zone is intended to accommodate business parks, high-intensity office buildings, advanced manufacturing, other light industrial uses, and limited residential uses. It also enables the integration and growth of research and development, office,

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and light manufacturing uses on consolidated sites with supportive ancillary uses, typically on the ground floor, such as restaurants, health/fitness centers, limited retail, and child care facilities.

The BPRD -R-Metro Zone implements the Business Park Research and Development, Limited Residential (BPRD-H) land use designations as described in the Metro Specific Plan.

G. Metro Business Park Research and Development (BPRD-Metro) Zone. The purpose of the BPRD- Metro Zone is to designate specific areas of the city as important employment centers, especially for jobs in the high -tech industry. The BPRD -Metro Zone is intended to accommodate business parks, high-intensity office buildings, advanced manufacturing, and other light industrial uses, and to enable the integration and growth of research and development, office, and light manufacturing uses on consolidated sites with sup portive ancillary uses, typically on the ground floor, such as restaurants, health/fitness centers, limited retail, and child care facilities. The BPRD- Metro Zone implements the Business Park Research and Development (BPRD) land use designation as described in the Metro Specific Plan.

B.12.020 Metro Specific Plan Zones Use Regulations
A. Table B.12.020-A (Metro Specific Plan Zones Use Regulations) sets the land use regulations for Metro Zones. Land uses are defined in Chapter E.4 (Definitions of Uses). In cases where a land use is not listed in the table, the Director shall make a determination regarding similar use consistent with Subsection A.4.020.G (Determination of Similar Use).

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

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

Table B.12.020-A: Metro Specific Plan Zones Use Regulations “P” = Permitted Use | “MC” = Minor Conditional Use Permit approved by Zoning Administrator required | “MCS” = Minor Conditional Use Permit approved by Director required | “C” = Conditional Use Permit required |“-“ = Not Allowed Uses R3
Metro
R4
Metro
R5
Metro
MXD2-
Metro
MXD3-
Metro

BPRD-R-
Metro
BPRD-
Metro
Additional
Regulations
Commercial Uses
Animal Care and Services
Pet Day Care and Sales - - - MCS MCS - - Milpitas Municipal Code Section V-210-11
(Permits for Animal
Facilities and Animal
Adoption Organizations)
Veterinary Clinic - - - P P - -
Commissary or Catering - - - MCS MCS - - n/a
Eating and Drinking Establishment
Bar or Nightclub - - - C C - - Section C.10.100 (Eating and Drinking
Establishments)
Microbreweries - - - MC MC - -

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BPRD-R-
Metro
BPRD-
Metro
Additional
Regulations
Mobile Food Park - - - MCS MCS - -
Section C.10.170
(Mobile Food Vending) Mobile Food Vending
(Individual Vehicle) P P P P P P P
Restaurant
Restaurant, Full
Service C
1 C C P/C 2 P/C 2 C 3 C 3
Section C.10.100 (Eating
and Drinking
Establishments)
Restaurant,
Limited Service MCS
1 P P P/C 2 P/C 2 P 3 P 3
Restaurant with
Alcohol Service C
1 C C MC/C 2 MC/C 2 C 3 C 3
Entertainment and Recreation, Commercial
Commercial Athletic
Facility - - - MCS MCS MCS
3 MCS 3 n/a
Indoor Entertainment - - - C C - - n/a
Indoor Sports and
Recreation - - - P P MCS
3 MCS 3 n/a
Outdoor Entertainment - - - C C - - n/a
Financial Institution
Bank and Credit Union - MCS 4 MCS 4 P P MCS 3 MCS 3 n/a Check Cashing Business - MCS 4 MCS 4 P P MCS 3 MCS 3 n/a Pawnbroker 5 - - - C C - - n/a
Food and Beverage Retail Sales
Alcoholic Beverage
Sales
-- - - P/C 2 P/C 2 C 3 C 3 n/a
Convenience Store MCS 4 MCS 4 MCS 4 MCS MCS - - n/a
Grocery Store, Small P 4 P 4 P 4 P P - - n/a
Home Occupation P P P P P P - Section C.10.130 (Home
Occupations)
Hospital - - - C C - - n/a
Lodging
Bed and Breakfast P P P P P - - n/a
Hotel - - - P P P P n/a
Short-Term Rental Section C.10.200 (Short-Term Rentals)

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BPRD-R-
Metro
BPRD-
Metro
Additional
Regulations
Medical Support Laboratory - - - P P MCS MCS n/a
Offices
Business and
Professional Office C C C P P P P n/a
Medical Office/Clinic - - - P P MCS MCS n/a
Retail
Retail, Limited C 1, 4 P 4 P 4 P P P 3 P 3 n/a
Retail Store, General
Merchandise C
1, 4 P 4 P 4 P P - - n/a
Services
Business Support
Services - - - MCS MCS MCS
3 MCS 3 n/a
Massage Establishment - - - MC 6 MC 6 - - Milpitas Municipal Code III-6 (Massage
Establishments and
Practitioners); Section
C.10.160 (Massage
Establishments)
Massage
Establishment,
Accessory
- - - MCS MCS MCS
3 MCS 3
Personal Services MCS 4, 7 MCS 4, 7 MCS 4, 7 P 7 P 7 C C n/a Repair/Cleaning/
General Services, Small - - MCS
4 P P - - n/a
Vehicle-Related Uses 8
Auto Broker - - - MCS MCS - - Section C.10.070 (Auto
Broker)
Mobile Fueling 9 P/- P/- P/- P/- P/- P/- P/-
Milpitas Municipal Code
Chapter V-300 (Fire
Code)
Vehicle Rental - - - MCS 10 MCS 10 - - n/a
Vehicle Sales, Limited - - - MCS MCS - - n/a
Industrial Uses
Advanced Manufacturing - - - - - P 11 P 11 n/a
Custom and Artisan
Manufacturing
12 - - - MCS MCS MCS MCS n/a
Industry, General 13 - - - - - MCS MCS n/a
Industry, Light 13 - - - - - MCS MCS n/a

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BPRD-R-
Metro
BPRD-
Metro
Additional
Regulations
Parcel Hub - - - - - - MCS n/a
Research and Development - - - - - P 11 P 11 n/a
Wholesale Sales - - - - - MCS MCS n/a
Public, Institutional, and Recreational Uses
Child Care
Child Care Center MC MC MC MC MC MC 3 MC 3
Section C.10.140 (Large
Family Child Care and
Child Care Centers)
Large Family Child Care
Home P P P P P P -
Section C.10.140 (Large
Family Child Care and
Child Care Centers)
Small Family Child Care
Home P P P P P P - n/a
Community Assembly
Major MCS MCS MCS MCS 5 MCS 5 - - n/a
Minor MCS MCS MCS MCS 5 MCS 5 - - n/a
Community Garden P P P P P P P n/a
Educational Institutions
College/University,
Private - - - C
5 C 5 P P n/a
Trade and Vocational
School - - - C
5 C 5 C C n/a
Farmers’ Market MCS MCS MCS MCS MCS MCS MCS Section C.10.120 (Farmers’ Market)
Instruction Services
Group MCS 4 MCS 4 MCS 4 MCS MCS - - n/a
Private/Small Group MCS 4 MCS 4 MCS 4 P P - - n/a
Park/Playground P P P P P P P n/a
Resilience Hub - MCS MCS P P - -
See Subsection
C.10.230.D.6 regarding
Temporary Resilience
Hubs.

Transportation Passenger
Terminal/Facility
8 C C C C C - - n/a

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BPRD-R-
Metro
BPRD-
Metro
Additional
Regulations
Wireless
Telecommunications Facility See Section C.10.240 (Wireless Telecommunications Facilities) Residential Uses 14
Accessory Dwelling Units
and Junior Accessory
Dwelling Units

P P P P P P -
Section C.10.030
(Accessory Dwelling
Units and Junior
Accessory Dwelling
Units)
Boarding House C C C C C - - n/a
Court Dwellings P P P P P - - n/a
Group Living
Accommodations C C C C C C - n/a
Live-Work Unit C C C MCS MCS MCS - Section C.10.150 (Live- Work Units)
Low Barrier Navigation
Center - P P P P P - California Government
Code § 65660
Multi-Family Dwelling P P P P P P - n/a
Residential Care Facility P P P P P P - n/a
Single-Room Occupancy
Residences MCS MCS MCS MCS MCS - -
Section C.10.220 (Single
Room Occupancy
Residences)
Supportive Housing P P P P P P - California Government
Code § 65582
Transitional Housing P P P P P P - California Government Code § 65582
Unclassified Uses
Accessory Use P P P P P P P n/a
Parking Lot 15 - - - C C C C n/a
Parking Structure 15 - - - MCS MCS MCS MCS n/a
Temporary Use See Section C.10.230 (Temporary Uses and Structures) Table Notes:
1 All activities must be conducted in spaces which are integral parts of a main building. 2 A Conditional Use Permit is required when not located on the ground floor facing a public street designated as an Activity Street by the Metro Specific Plan Figure 4-6.
3 Limited to accessory use that supports primary employment-generating uses on the same site. Accessory commercial uses such as restaurants and limited retail shall be located on the ground floor and where they can be directly accessed by the public.
4 These uses may be allowed provided they are no more than 10,000 sf in gross floor area and are not open past 10:00 p.m.

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5 These uses may be allowed provided the boundary of the parcel on which they are located is not within 1,000 ft of the parcel boundary of one or more of the following uses: community assembly; school, private or public; or trade and vocational schools. 6 Allowed when an accessory use to any permitted or conditionally permitted medical office, medical clinic, chiropractor practice, acupuncture practice, physical therapist, fitness and athletic facility, health care facility (such as hospitals, nursing homes, and sanitariums), or an accredited school, college, or university. Massage services, limited to massage of the head, neck, shoulders, hands, and feet may be allowed when an accessory use to any permitted or conditionally permitted beauty salon, barbershop, or healing art practices. This Section shall not exempt any person or business from complying with all the provisions of Milpitas Municipal Code Chapter III-6 (Massage Establishments and Practitioners). 7 When located on the ground floor, retail sales of products related to the personal services provided shall be offered at the front of the premises near the pedestrian entrance and shall comprise at least 10% of the floor area of the business establishment.
8 These uses may be allowed provided the boundary of the parcel on which they are located is not within 1,000 ft of the parcel boundary of one or more of the following uses: any vehicle-related use; transportation passenger terminal/facility without outdoor storage of vehicles; or pawnbroker.
9 Mobile fueling is permitted when fueling service is ordered by an individual vehicle owner and the amount of fuel dispensed as part of any individual order does not exceed 50 gallons. Mobile fueling for fleet vehicles is not permitted. 10 The vehicle rental agency, excluding the rental vehicles, must be fully enclosed within a building. 11 A Conditional Use Permit is required for storage space that exceeds 25,000 sf, and in no case may storage space exceed 300,000 sf.
12 All operations must be conducted completely within an enclosed building. 13 Disinfecting and extermination businesses are not allowed in any Metro zone. 14 Residential units are not allowed on the ground floor facing any right-of-way designated as an Activity Street or Neighborhood Street by the Metro Specific Plan Figure 4-6, unless allowed by Subsection B.12.040.A (Housing Element Rezone Sites). Other residential spaces such as lobbies and common areas are permitted on the ground floor facing an Activity Street in accordance with Table B.12.020-A (Metro Specific Plan Zone Use Regulations). 15 Applies to parking lots or structures that are primary uses, as defined in Chapter XIII-E.4 (Definitions of Uses).

B.12.030 Metro Specific Plan Zones Development Standards A. Standards Within The Metro Specific Plan Area. For all sites within the Metro Specific Plan Area, the following Metro Specific Plan development standards and the supplemental standards in Section B.12.040 (Metro Specific Plan Zones Supplemental Standards) apply. When a standard is not listed within the Metro Specific Plan, the standards listed elsewhere within this Title shall apply.

B. General Standards. Table B.12.030-A (Metro Zones Development Standards) establishes the development standards for Metro zones.

Table B.12.030-A: Metro Zones Development Standards
ft = feet | sf = square feet | du = dwelling unit | FAR = floor area ratio | n/a = not applicable Standard R3-Metro R4-Metro R5-Metro MXD2-Metro MXD3-Metro BPRD-R- Metro BPRD-Metro
Lot Area,
min. (sf) 8,000 n/a n/a n/a n/a n/a n/a
Lot Width,
min. (ft) n/a n/a n/a n/a n/a n/a n/a
Density, min.
(du/gross
acre) 1
30 40 70 40 85 n/a n/a

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Table B.12.030-A: Metro Zones Development Standards
ft = feet | sf = square feet | du = dwelling unit | FAR = floor area ratio | n/a = not applicable Standard R3-Metro R4-Metro R5-Metro MXD2-Metro MXD3-Metro BPRD-R- Metro BPRD-Metro
Density, max.
(du/gross
acre) 1
40 85 120 85 250 n/a n/a
Active Use n/a n/a n/a
Ground floor retail and active uses required on
80% of frontages on any one blockface along
any Activity Street as identified on the Metro
Specific Plan Figure 4-6 (Circulation Network)
n/a
Setbacks (ft)
Front Min.: 20
Min.: 8
Max.: 20 from
back of
sidewalk
Min.: 12
Max.: 20 from
back of
sidewalk
Min.: 0
Max.: 20
Min.: 12
Max.: 20
Min.: 10
Max.: 20 Min.: 0 Interior
side (min.)
1 story: Each
side 5, total of
12 both sides
2-2.5 story:

Each side 10,
total 25 both
sides
3-3.5 story:

Each side 12,
total 30 both
sides
10 15; 20 for
buildings over
3 stories
abutting
residential
uses
0; 10 when
abutting
residential use
and for
portions of
buildings over
60 ft or 4
stories tall
10; 15 when
abutting
residential; 20
for portions of
buildings over
60 ft or 4
stories tall
10 10
Street side Min.: 10
Min.: 8
Max.: 15 from
back of
sidewalk
Min.: 12
Max.: 20 from
back of
sidewalk
Min.: 0
Min.: 12
Max.: 20
Min.: 10
Max.: 15 Min.: 0
Rear (min.)
1 story: 30
2-2.5 story: 35
3-3.5 story: 40
10 15; 20 feet for
buildings over
3 stories
abutting
residential
uses
10; 15 when
abutting a
residential
zone; 20 for
portions of
building over
60 ft or 4
stories tall
15; 20 when
abutting a
residential
zone; 30 ft for
portions of
building over
60 ft or 4
stories tall
10 10
Creek/
Drainage
Channel
Setback
Min.: 25 from top of bank or from any maintenance road or required setback, whichever is greater FAR, min. n/a n/a n/a Mixed use: 1.0 Mixed use: 2.5
Mixed use: 1.0
Nonresidential
use: 1.0

1.0 FAR, max. n/a n/a n/a Mixed use: 2.5 Mixed use: 5.0 Mixed use: 5.0 2.5-4.0 2

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Table B.12.030-A: Metro Zones Development Standards
ft = feet | sf = square feet | du = dwelling unit | FAR = floor area ratio | n/a = not applicable Standard R3-Metro R4-Metro R5-Metro MXD2-Metro MXD3-Metro BPRD-R- Metro BPRD-Metro
Primary
Building
Height
Max.: 75 ft Min.: 35 ft
Max.: 75 ft
Max.: 75 ft and
6 stories Max.: 85 ft 3 Max.: 275 ft 4 Max.: 275 ft or
18 stories Max.: 8 stories
Accessory
Building
Height
Max.: 25 ft or 2.5 stories
Usable Open Space
Per
dwelling
unit
Min. 100 sf per residential unit, which may be private or common open space Per site
Nonresidential projects: Min. 10% of site area
Residential and mixed-use projects: Min. 30% of the total open space provided on-site; min dimension 10 ft Mixed-use projects: Min. 5% of the total open space provided on-site must be publicly accessible 5 Nonresidential projects: Min. 25 contiguous sf of publicly accessible open space per 10,000 sf nonresidential floor area
Table Notes:
1 When determining the density of non-traditional housing configurations such as group living accommodations and single- room occupancy residences, three bedrooms may be counted as the equivalent of one unit. 2 Maximum allowed FAR is based on the following sliding scale:
• 2.5 for properties farther than 3,000 ft from the Milpitas Transit Center; • 3.0 for properties within 3,000 ft from the Milpitas Transit Center; • 3.5 for properties within 2,000 ft from the Milpitas Transit Center; • 4.0 for properties within 1,000 ft from the Milpitas Transit Center. 3 Within 60 ft of adjacent existing residentially zoned parcels, building height shall be stepped down to a maximum of 10 ft higher than the maximum allowed height of the adjacent parcel. 4 The base or podium of a building may reach 85 ft in height, and a tower with a maximum area of 25% of the base footprint may reach 275 ft in height.
5 Required publicly accessible open space may include one or more of the following types of public open spaces: park, plaza, garden, public sitting area.

B.12.040 Metro Specific Plan Zones Supplemental Standards A. Housing Element Rezone Sites. Milpitas 2023 -2031 Housing Element r ezone sites within the Metro Specific Plan are sites R-11 to R-29, which all provide lower-income housing capacity (see Milpitas 2023 -2031 Housing Element Table E- 14 and Figures E -4 and E -5). Consistent with Subsection C.2.030.B (Housing Element Sites), on these rezone sites (sites R- 11 to R -29), the following shall apply:

1. Owner-occupied and rental multi -family housing uses shall be allowed by right (i.e., without any discretionary review) when at least 20 percent of the units will be affordable to lower income households.

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2. 100 percent residential use is allowed.

3. A minimum of 50 percent of the floor area in mixed -use projects must be occupied by residential use(s).

B. Block Length.

1. Blocks may not exceed 700 feet in length.

2. Blocks more than 500 feet in length must incorporate a mid-block pedestrian and bicycle through connection.

C. Building Articulation.

1. In the R3 -Metro, R4 -Metro and R5 -Metro zones, the third floor and above must be stepped-back from the ground-floor street-facing building façade by a minimum of eight feet.

2. In the MXD2-Metro and MXD3-Metro zones, the fourth floor and above must be stepped- back from the ground-floor street-facing building façade by a minimum of eight feet.

3. In the BPRD -R Zone, the fifth floor and above must be stepped -back from the ground - floor street-facing building façade by a minimum of eight feet.

FIGURE B.12.040 -1: BUILDING STEP -BACK

4. Nonresidential building façades over 80 feet in length shall break up long street walls through at least two of the following features: recesses a minimum six feet in depth ; awnings; colonnades; projections a minimum four feet in depth ; step-backs a minimum six feet in depth; window reveals; cornice treatment; and changes in color and material.

5. Nonresidential building height must vary such that the building has at least one change in height of at least one story. This may be achieved through changes in pitch, plane, orientation, a change in the number of stories, differentiated forms, projections and recesses, and/or special architectural features such as towers.

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D. Ground Floor Commercial Design Standards. On retail mixed use streets, and in any other areas with ground floor retail, restaurant, and commercial service uses, the following standards apply:

1. Ground floor spaces shall be a minimum of 60 feet in depth for a minimum of 50 percent of the space, and a minimum of 40 feet in depth for any remaining space.

2. Floor to Ceiling Height.
a. Retail. Minimum 18 feet floor-to-floor and a minimum 14 feet clear. b. Office. Minimum 14 feet.

3. Building Entrances. There shall be at least one entrance per 100 feet of building frontage and the main entrance may not face a parking lot.

4. Wall Plane Articulation. Windows, doors, columns, and other features shall be recessed or project forward, such that there is a six -inch difference between wall and window surfaces and a total of at least eighteen inches from the window to the outermost plane of a wall or column.

5. Floor Elevation. Ground floor elevation shall be no more than two feet above or below the sidewalk level.

E. Building Materials.

1. Ground Floor Materials. All ground floor exterior materials shall be durable, quality materials, such as glass, concrete, precast concrete, aluminum and high quality metal panels, composite panels, stone, and stucco.

2. Nonresidential Building Materials. Primary building materials in all nonresidential construction shall store carbon (e.g., wood, calcium carbonate -based cementitious substances, synthetic limestone).

3. Glass Materials. Glass types shall be clear glass, frit glass, sandblasted glass, spandrel glass, or channel glass. Glazing should provide a high degree of light transmittance and be non-reflective.

4. Roofing Materials. Roof design and materials shall include vegetated roofs, high -albedo built-up roofs, high albedo single -ply roofing, metal, terracotta tile, concrete tile, composite concrete tile, skylights, solar collectors, and photovoltaics.

5. Window Materials. Vinyl-frame windows and doors are prohibited. Wood -framed windows must have metal or fiberglass cladding on the exterior. Metal- frame windows must be thermally broken.

F. Unit Design.

1. A minimum of 10 percent of units in any single residential project shall be designed to be accessible to all users using the principles of Universal Design.

2. Public plazas shall be constructed with ADA-compliant ramps and tactile warning strips at the crosswalks. Equipment and facilities such as tables, trash cans, restrooms, and drinking fountains should allow for universal access, including people of all ages and ability levels.

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G. Landscaping and Site Design.

1. All development projects shall include on -site vegetated stormwater treatment and landscaping and shade trees at a rate of one tree per 5,000 square feet of the residential building footprint and one tree for every 10,000 square feet of developed lot area for nonresidential or mixed-use development.

2. Where a creek runs under a site, the applicant must coordinate with the Department to daylight the waterway as part of the site design.

3. All applicants shall also reference the Santa Clara Valley Urban Runoff Pollution Prevention Program C.3 Stormwater Handbook.

H. Refuse Enclosures and Utility Equipment. Refuse and recycling container e nclosures and utility equipment (mechanical, electrical, and plumbing) may not be located within the front setback.

Public utilities are excluded from this requirement. Additionally, the requirements of Section C.2.120 (Refuse and Recycling Areas) apply.

I. Parks and Publicly Accessible Open Spaces.

1. All development projects shall dedicate land for parks if a park is shown on the subject property on Figure 2-16 (Existing and Proposed Parks) of the Metro Specific Plan.

2. Privately-owned public open space must remain accessible and open to the public during business hours. Private single-access gates are prohibited.

3. The Recreational Value System as described in the Metro Specific Plan Section 2.8 (Parks and Public Spaces Framework ) shall be used to ensure park improvements provide a diversity of active, contemplative, and social gathering experiences.

4. Parks must be bordered by a public right -of-way such as a street, trail or railroad, on at least three sides, and must be clearly visible and accessible from all abutting rights -of- way.

5. Small neighborhood-serving parks less than one-quarter acre must be located a minimum 500 feet from Montague Expressway, the Great Mall Parkway, or any rail line.

6. Seating shall be provided in all publicly-accessible open spaces. Seating may include both moveable and fixed seating as well as seat walls, steps, boulders, and other multi- use objects and must be placed along pathways and within or near gathering spaces.

J. Common and Private Open Spaces.

1. Private open spaces may take the form of balconies, patios, gardens, porches, decks, or roof decks.

2. Usable open space surfaces may be any combination of lawn, garden, flagstone, wood planking, concrete, or other dust-free surfacing, and may not exceed 10 percent slope.

3. Universal access shall be provided to all rooftop amenities. An accessible path to a publicly accessible restroom on an adjacent floor or at the rooftop level shall be provided for any common outdoor open space on the rooftop.

4. A minimum of 10 percent of common rooftop open spaces shall be landscaped using green roofs or planters.

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K. Parking Design. Where parking is required or proposed, it must comply with the following:

1. Parking Location. Off-street parking must be located in:
a. Ground-floor “tuck-under” individually secured garages; b. Shared garages (podium or underground); or
c. Above-ground structures “wrapped” with habitable uses.

2. Tandem Parking. Tandem parking may be provided consistent with Chapter C.6 (Parking and Loading).

3. Ground-Level Visibility.
a. Individually secured garages. Individually secured garages shall be accessed from a shared rear or side drive aisle where such abuts the property. Where individual garages are accessed from the right -of-way, garages shall occupy no more than 50 percent of the frontage of each unit.

FIGURE B.12.040 -2: INDIVIDUAL GARAGES

b. Structured Parking. Structured parking may not be located along the ground-level building frontage unless the parking is:
(i) Recessed a minimum of four feet from the rest of the building façade and screened with a living wall or textured or decorative screening; or (ii) Designed such that the parking area is located in a basement, where the vertical distance from grade to the finished floor directly above the parking area is a maximum of 42 inches.

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FIGURE B.12.040 -3: STRUCTURED PARKING GROUND LEVEL

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4. Upper-level Visibility. All upper-level street-facing structured parking must be screened from view from the right-of-way by at least one of the following features:
a. Regular openings designed to resemble windows of habitable spaces that do not reflect the sloping floor lines of interior parking ramps on the facade; b. A trellis or living wall; or
c. Textured or decorative screening.

5. Vehicle Access. Parking must comply with the following standards:
a. A maximum of one driveway to shared parking is permitted on street frontages up to 120 feet in length; a maximum of two shared driveways are permitted on street frontages exceeding 120 feet in length.
b. Controlled entrances to shared parking facilities (i.e., gates, doors, etc.) shall be located a minimum of 10 feet from the back of sidewalk. c. Vehicular entrances to parking areas shall be a minimum of 80 horizontal feet from vehicular entrances to parking areas on adjacent properties. d. Mechanical parking lifts are allowed in all structured parking configurations.

FIGURE B.12.040 -4: PARKING ACCESS

6. Parking Separation. Parking for residential units shall be physically separated from parking for nonresidential uses through a controlled fence, gate, or other barrier.

L. Pedestrian and Bicycle Circulation.

1. A system of pedestrian walkways shall connect all primary buildings entrances on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site usable open space areas, pedestrian amenities, and transit stops.

2. Walkways shall be the shortest practical distance between the primary building entrance and sidewalk, generally no more than 125 percent of the straight-line distance.

3. Walkways must link the entrances with on-site usable open spaces, on-site services, and other internal facilities.

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4. Walkways shall be a minimum of five feet wide, hard-surfaced, and paved with permeable materials.

5. Where a required walkway crosses a driveway, parking area, or loading area, it must be clearly identifiable through a raised crosswalk, a different paving material, or similar method.

6. Where a required walkway is parallel and adjacent to a vehicle travel area , it must be raised or separated from the vehicle travel lane by a raised curb at least four inches high, bollards, or other physical barriers.

M. Utilities.

1. Utilities shall be placed in underground or subsurface conduits consistent with Section C.2.150 (Underground Utilities).

2. Utilities shall be screened consistent with Section C.2.140.D (Equipment Screening).

6. Trash enclosure walls shall incorporate building materials and colors that match the architecture of the building and be well landscaped.

7. All telecommunications antennas shall be building facade or roof mounted and screened consistent with Section C.2.140.D (Equipment Screening).

8. On Main Street only telecommunication facilities that are disguised to appear as a part of the building architecture (i.e., "stealth" antennas) may be used.

N. BPRD-Metro and BPRD-R-Metro Zones.

1. BPRD Zone Supplemental Standards Apply. All nonresidential development in the BPRD- R-Metro and BPRD-Metro zones must additionally comply with the standards of Subsection B.10.040.D (Special Design Standards in the BPRD Zone). Where standards of this Section B.12.040 applicable to the BPRD-Metro and BPRD-R-Metro zones conflict with those of Subsection B.10.040.D, the more restrictive standard applies.

2. Loading Dock and Doors. In the BPRD-R-Metro and the BRPD-Metro zones, a maximum of two loading docks are allowed for any single project and must be located out of view from the primary abutting right-of-way.

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Chapter B.14 Reserved

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Chapter B.16 Milpitas Commercial Specific Plan Area
Sections:

B.16.010 Introduction
B.16.020 Existing Setting
B.16.030 Land Use Plan
B.16.040 Infrastructure, Grading and Construction
B.16.050 Administration
B.16.010 Introduction
A. Specific Plan Area. The Milpitas Commercial Specific Plan area is an approximately 14.56 acre-site located in the City of Milpitas, in Santa Clara County, California on the northernmost southeast corner of North McCarthy Boulevard and Ranch Drive ( Ordinance 38 -799, Figures 1 and 2).

Regional access to the Specific Plan area is provided from Interstate 880 (I- 880) and State Route 237 (SR-237). The Specific Plan area is bounded by Ranch Drive and the McCarthy Center office complex to the north; stores and parking areas in the McCarthy Ranch Marketplace to the south; Ranch Drive and I-880 to the east; and North McCarthy Boulevard and undeveloped land to the west. The undeveloped land to the west of the Specific Plan area is designated for Industrial Park uses by the City of Milpitas General Plan and is entitled for an office park campus (The Campus at McCarthy Ranch). Coyote Creek is located west of the undeveloped land with Coyote Creek Trail, a Class I bicycle/pedestrian trail, paralleling the east side of the creek. Single-family residences are located east of I-880 and are protected by a sound wall along the I-880 frontage.

B. Purpose of the Specific Plan. A specific plan is a combination policy statement and implementation tool that can be used to address the unique needs of a particular area of a city or county. As a result, emphasis is on concrete standards and development criteria for use in the submission and review of subsequent development plans and permits. The California Government Code permits the use of specific plans to regulate site development, including permitted uses such as density, building size, and placement. Specific plans also govern the landscaping and roadways, as well as the provision of infrastructure and utilities. Since the development guidelines established in a specific plan focus on the unique needs of a specific area, specific plans allow for greater flexibility than is possible with conventional zoning.

The purpose of the Milpitas Commercial Specific Plan is to assist in the development of the site in a manner that will benefit local shoppers, the general public, and the City of Milpitas. The Specific Plan accomplishes these purposes by providing for the efficient use of land, ensuring compatibility between existing and proposed land uses, and establishing environmental and development standards and procedures to be met in development of the Specific Plan area. The customized development regulations contained in the Specific Plan address the unique characteristics of the site and surrounding properties, as well as the needs of the commercial land uses proposed for the site. These efforts are intended to foster greater economic development and design opportunities than could be achieved through the use of conventional zoning and development standards.

As used herein, the term "developer" shall mean the fee title holder of the Milpitas Commercial Specific Plan area.

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C. Project Objectives. The objectives of the Milpitas Commercial Specific Plan are as follows:

1. Promote economic growth and development that is consistent with the policies of the City of Milpitas General Plan.

2. Provide development that maximizes the Specific Plan area's use potential in a manner consistent with the City of Milpitas General Plan.

3. Ensure development within the Specific Plan area complies with appropriate conditions and environmental mitigations for the benefit of the City, its residents and taxpayers.

4. Generate sales tax and property tax revenues to accrue to the various agencies within the Specific Plan area.

5. Enhance the commercial retail opportunities in the City of Milpitas and surrounding communities.

D. Authority. The Milpitas Commercial Specific Plan has been prepared in accordance with Government Code Sections 65450 et seq. and 66450 et seq. and will constitute the zoning for the Specific Plan area. Land use standards and regulations contained within this documen t shall govern future development within the boundaries of this Specific Plan.

The Milpitas Commercial Specific Plan provides a framework for development of the Specific Plan area.

The Specific Plan provides guidance for the review of specific development proposals and is the City's reference document for determining permitted uses, intensity of use, and development standards and requirements. The Specific Plan defines objectives, as well as regulations and requirements for development of the Milpitas Commercial Specific Plan area.

E. General Requirements.

1. General Plan Consistency. Implementation of the Milpitas Commercial Specific Plan is intended to carry out the goals and policies contained in the City of Milpitas General Plan, as amended, in an orderly and attractive fashion. Development within the Milpitas Commercial Specific P lan area shall, therefore, be consistent with the provisions of the City of Milpitas General Plan.

The Milpitas Commercial Specific Plan implements the General Plan by:
a. Encouraging development within the incorporated limits to fill in the urban fabric rather than providing costly expansion of urban services into outlying areas. b. Encouraging economic pursuits to strengthen and promote development; provide economic opportunities for all Milpitas residents within existing environmental, social, fiscal, and land use constraints; and maintain a balanced economic base that can resist downturns in any one economic sector. c. Providing opportunities to expand employment, participate in partnerships with local business to facilitate communication, and promote business retention. d. Fostering community pride and growth through beautification of existing and future development.
e. Utilizing the City's adopted Level of Service standards in evaluating development proposals and capital improvements.
f. Paying its share of street and other traffic improvements based on its impacts.

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g. Promoting measures that increase transit use, walking, and bicycling and that lead to improved utilization of the existing transportation system. h. Providing adequate circulation and off- street parking and loading facilities for trucks and restricting trucks to designated truck routes. i. Protecting and enhancing the quality of water resources and promoting conservation and efficiency in the use of water.
j. Implementing the National Pollutant Discharge Elimination System (NPDES) requirements of the Regional Water Quality Control Board. k. Enhancing the visual impact of the gateways to Milpitas. l. Undertaking efforts to reduce the generation of waste, increase recycling and slow the filling of local and regional landfills.
m. Minimizing threats to life and property from seismic hazards, geologic hazards, flooding, and dam inundation.
n. Minimizing unnecessary, annoying, or injurious noise. o. Furthering the Land Use Guiding Principles by promoting a compact urban form and encouraging focused growth through infill opportunities in the incorporated City limits rather than in outlying areas.
p. Improving the viability of transit, pedestrian and bicycle systems by promoting measures that increases use of those systems.
q. Maintaining the architectural and landscape elements that contribute to the identity and history of the City by requiring new developments to be harmonious with older structures.
r. Ensuring the conservation, development and use of natural resources by providing "smart growth" through infill development and promoting conservation and efficiency in energy and water use and reducing waste generation through increased recycling and less waste production.

2. Relationship Between Specific Plan Development Standards/Criteria and the City of Milpitas Municipal Code. The provisions of the Milpitas Commercial Specific Plan shall govern all development on the lands within the Specific Plan area. Any regulations or requirements not specifically covered herein shall be subject to the regulations and requirements of the Ci ty of Milpitas Municipal Code, design guidelines and engineering standards and other applicable regulations, in addition to all applicable local, stat e and federal ordinances, laws or regulations. Any operations on the Specific Plan area shall also be required to operate in accordance with all local, state and federal regulations. If any provision of this document conflicts with the regulations or requi rements of the City of Milpitas Municipal Code, the provisions of this document shall govern.

The process for approving development under the Milpitas Commercial Specific Plan shall be set forth in Section B.16.050 (Administration).

3. Conformance with Uniform Building and Fire Codes. All construction within the Milpitas Commercial Specific Plan shall be in compliance with Title II “Building Regulations” and Title V-300 “Fire Code” of the Milpitas Municipal Code.

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4. Provision of Infrastructure. Unless otherwise specifically approved as part of this Specific Plan, all off-site improvements under the control of the City shall be subject to the City of Milpitas regulations and requirements in effect at the time improvement plans are submitted. Other improvements not under the control of the City (e.g., electricity, natural gas, telephone) shall be subject to the regulations and requirements of the responsible agency.

Specific requirements for infrastructure improvements are set forth in Table B.16.050 -A (Milpitas Commercial Specific Plan Environmental Performance Standards) of this Specific Plan. To ensure the cost- effective availability of current and adequate infrastructure and services during the development of the Specific Plan area, infrastructure plans may be modified upon approval of the City of Milpitas Chief Building Official, which pursuant to Section B.16.050 (Administration) of this Specific Plan, shall be ministerial, final and not subject to appeal and without the need to amend this Specific Plan.

5. Severability. If any term, provision, condition, requirement, or portion thereof of this Specific Plan is for any reason held invalid, unenforceable, or unconstitutional, the remainder of this Specific Plan or the application of such term, provision, condition, requirement, or portion thereof to circumstances other than those in which it is held to be invalid, unenforceable, or unconstitutional, shall not be affected thereby; and each other term, provision, condition, requirement, or portion thereof shall be held valid and enforceable to the fullest extent permitted by law.

6. Costs. The developer shall pay the costs of any code enforcement activities, including attorney's fees, resulting in the violation of any provisions of the Milpitas Municipal Code, including the Milpitas Commercial Specific Plan. The developer shall be responsib le for the entire cost to implement the environmental performance standards in accordance with Section B.16.050.D.7 (Environmental Performance Standards) of this Specific Plan.

7. Consent to Hold Harmless. The developer shall as a requirement of any development within the Milpitas Commercial Specific Plan area, agree to indemnify, protect, defend (with counsel selected by the City), and hold harmless the City, and any agency or instrumentality thereof, and any officers, officials, employees, or agents thereof, from any and all claims, actions, suits, proceedings, or judgments against the City, or any agency or instrumentality thereof, and any officers, officials, employees, or agents thereof to attack, set aside, void or annul, any action by the City, or any agency or instrumentality thereof, advisory agency, appeal board, or legislative body related to, in furtherance of this Specific Plan.

Furthermore, developer shall indemnify, protect, defend (with counsel selected by the City), and hold harmless the City, and any agency or instrumentality thereof, against any and all claims, actions, suits, proceedings, or judgments against any government al entity in which developer is subject to that other governmental entity's approval and a condition of such approval is that city indemnify and defend such governmental entity. City shall promptly notify the developer of any claim, action or proceeding. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, the developer shall not thereafter be responsible to indemnify, defend, protect, or hold harmless the city, any agency, or in strumentality thereof, or any of its officers, officials, employees, or agents.

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B.16.020 Existing Setting
A. Site Conditions And Existing Land Uses.

1. Historical and Existing Land Uses.
a. Existing Land Use. The Specific Plan area is currently developed with a 131,725 - square-foot retail store and associated parking.
b. Existing On -Site General Plan Land Use and Zoning. The Specific Plan area is currently designated General Commercial by the City of Milpitas General Plan.

The General Commercial land use designation is intended for a wide range of retail sales and personal and business services accessed primarily by the automobile. It includes commercial uses where shopping is conducted by people walking to several stores and uses of a single -purpose character served from an adjacent parked vehicle.

The Specific Plan area is currently designated General Commercial (C2) by the City of Milpitas Zoning Code.

The C2 zoning district is intended to provide for a wide range of retail sales and personal and business services primarily oriented to the automobile customer and is intended to promote stable, attractive commercial development which will afford a pleasant shopping environment. This zone permits retail sales as of right. Grocery stores that are within one thousand (1,000) feet of a residential zone and Liquor Stores (Alcohol Beverage Sales) are conditionally permitted.

The Specific Plan area is also within the Site and Architectural Overlay District (S). The S zone is intended to promote orderly, attractive and harmonious development; recognize environmental limitations on development; stabilize land values and investments; and promote the general welfare by preventing the establishment of uses or erection of structures having qualities that would not meet the intent of the Zoning Code. The General Plan and Zoning designations are illustrated in Ordinance 38-799, Figures XI-10-

11.07-3 and -4.

2. Surrounding Land Uses. Land uses surrounding the Milpitas Commercial Specific Plan area are characterized by office and Research and Development uses to the north, commercial uses to the south, Interstate 880 and residential uses to the east, and undeveloped but entitled land to the west. North of the Specific Plan area is the McCarthy Center office complex, a 68-acre complex with approximately one million square feet of office and Research and Development uses spread among nineteen (19) two -story buildings in a campus setting. To the south is the remainder of a commercial/retail development, McCarthy Ranch Marketplace, which includes Best Buy, Borders and PetSmart, small shops and restaurants, and small, freestanding restaurants such as Black Angus, Macaron i Grill and Applebees. To the east, east of I -880, are single -family residential uses that are protected by a sound wall located along the I-880 frontage. The undeveloped land to the west is approved for an office park campus (The Campus at McCarthy Ranch) and further west of the undeveloped land is Coyote Creek and Coyote Creek Trail, a Class I bicycle/pedestrian trail, that parallels the east side of the creek. The surrounding land uses are illustrated in Ordinance 38-799, Figure 5.

B. Existing Circulation.

1. Regional Circulation. Excellent regional access to the Specific Plan area is provided by I - 880 and SR-237.

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I-880 is a north-south highway known as the Nimitz Freeway that provides regional access throughout the East Bay. It stretches north to Interstate 980 in Oakland and south to San Jose where it becomes State Route 17. It generally is an eight -lane, divided freeway. In the vicinity of the Specific Plan area, I -880 provides six (6) lanes in each direction, including a High Occupancy Vehicle (HOV) lane in each direction.

It accommodates approximately one hundred eighty-one thousand (181,000) vehicles per day. Access to and from the Specific Plan area is provided at the SR-237/North McCarthy Boulevard interchange.

SR-237 is an east -west regional highway located approximately three -tenths (0.3) miles south of the Specific Plan area that provides access throughout northern Santa Clara County. It connects Mountain View to the west and Milpitas to the east. It is a majo r arterial providing connectivity to I -880 and Interstate 680. East of I -880, SR-237 is known as Calaveras Boulevard. SR -237 is a six -lane highway with HOV lanes in both directions. In the vicinity of the Specific Plan, SR-237 accommodates approximately one hundred fifty -eight thousand (158,000) vehicles per day. Access to and from the Specific Plan area is provided at the SR-237/North McCarthy Boulevard interchange.

2. Local Circulation. Major roadways in and around the Specific Plan area are Dixon Landing Road, North McCarthy Boulevard, Ranch Drive and Tasman Drive. These roadways are defined as arterials or collectors. Arterials collect and distribute traffic from freeways and expressways to collector streets and vice versa. Collector streets, which constitute most of the roadways in and around the Specific Plan area, serve as connectors between arterial and local streets, providing direct access to the parcel. Major collectors are typically wide streets with four (4) to six (6) lanes of moving traffic. Minor collectors are smaller street with either less than four (4) lanes of moving traffic or less traffic.

Dixon Landing Road is an east-west major collector roadway connecting North McCarthy Boulevard to the west and North Milpitas Boulevard to the east. It is a major collector East of North Milpitas Boulevard where it becomes Dixon Road. It is a four -lane divided roadway, except for between Milmont Drive and Village Parkway, where it is a four- lane undivided roadway with a center two -way left -turn lane. The posted speed limit along Dixon Landing Road is forty (40) miles per hour (mph).

North McCarthy Boulevard is a major north -south collector roadway connecting Dixon Landing Road to the north and Montague Expressway to the south. South of the Montague Expressway it becomes O'Toole Avenue. It is a four-lane divided roadway primarily serving adjacent commercial uses north of SR-237 and office parks south of SR -237. The posted speed limit along North McCarthy Boulevard is thirty -five (35) mph north of Technology Drive and forty (40) mph south of Technology Drive.

Ranch Drive is an east-west minor collector roadway that intersects North McCarthy Boulevard at two (2) locations. Ranch Drive is the main access roadway to retail uses within the McCarthy Ranch Marketplace.

It changes from a four-lane divided roadway, a four-lane undivided roadway, and a two-lane road with a center two -way left -turn lane between its southern and northern intersection with North McCarthy Boulevard. The posted speed limit along Ranch Drive is thirty (30) mph.

Tasman Drive is an east-west arterial roadway stretching from Sunnyvale to the west to I-880 to the east.

East of I-880 it becomes Great Mall Parkway. It is a six -lane divided roadway near the Specific Plan area.

Santa Clara Valley Transportation Authority operates light rail service along Tasman Drive, with tracks located in the center median of the roadway. The posted speed limit along Tasman Drive is forty (40) mph.

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3. Public Transit. Santa Clara Valley Transportation Authority (VTA) provides bus and light rail services in Milpitas and throughout Santa Clara County. The Specific Plan area is served by Route 33 and Route 825.

Route 33 passes northbound on North McCarthy Boulevard directly adjacent to the Specific Plan area and loops clockwise around Ranch Drive, where it returns south and provides connections to many locations in Milpitas and San Jose. Route 825 is a shuttle service provided by VTA for connections to the Santa Clara Great America station. The Santa Clara Great America station serves the Altamont Commuter Express (ACE), a weekday commuter rail service between Stockton and San Jose, and the Amtrak Capitol Corridor, a daily intercity rail service between San Jose and the Sacramento Area.

Route 33 operates every thirty (30) minutes and Route 825 operates every seventy -five (75) minutes during the weekday commute peaks. Route 33 provides weekend service from 9 a.m. to 6 p.m. every thirty (30) minutes. Route 825 does not provide weekend service, as it is a limited service commuter route.

The nearest light rail station to the Specific Plan area is the I -880 station, located at the intersection of Tasman Drive and Alder Drive, approximately one and one-half (1.5) miles to the south.

4. Bicycle Facilities. The Specific Plan area is serviced by a bicycle lane running along North McCarthy Boulevard. The existing retail building provides bicycle racks and any future development shall upgrade and provide bike storage pursuant to S ubsection B.16.040.B (Project Access) of this Specific Plan.

C. Existing Physical Conditions.

1. Topography. The Specific Plan area is located in the City of Milpitas, which is within the relatively flat floor of the Santa Clara Valley. The Santa Clara Valley is a broad, northwesterly trending, alluvial- filled basin between the Santa Cruz Mountains to the south and the Diablo Range to the northeast. The Specific Plan area is bounded by bay - lands to the west and foothills to the east, with urban development located in the plain between the two (2) features. The Mission Hills are the primary backdrop to the Milpitas area. Monument Peak at two thousand five hundred ninety -four (2,594) feet is the highest point in the Mission Hills above Milpitas.

2. Hydrology. The Specific Plan area is located within Coyote Creek watershed. The Coyote Creek watershed encompasses three hundred fifty (350) square miles and drains the Specific Plan area, City of Milpitas, the eastern portion of San Jose and the Coyote Valley.

Coyote Creek is approximately one-quarter (0.25) miles west of the Specific Plan area and spans the length of the Santa Clara Valley, originating at Anderson Reservoir near Morgan Hill and emptying into San Francisco Bay.

Downstream of the Specific Plan area, Coyote Creek splits into "New" and "Old" branches. New Coyote Creek is a man -made channel that skirts the south side of the Newby Island Sanitary Landfill, while Old Coyote Creek meanders around the east and north sides of the landfill.

The Specific Plan area has an existing stormwater collection system. Stormwater is collected via inlets located around the Specific Plan area and is then piped and discharged into the City of Milpitas's municipal storm drain system, which outlets into Coyote Creek. Storm drain lines are located within Ranch Drive and North McCarthy Boulevard.

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The Specific Plan area is located within the Santa Clara Valley subbasin, which extends from Coyote Narrows at Metcalf Road in south San Jose to Santa Clara County's northern boundary. The subbasin is approximately twenty-two (22) miles long and fifteen (15) miles wide, with a surface area of two hundred twenty-five (225) square miles.

3. Soils. The Specific Plan area is a developed, urban area. The Specific Plan area was graded and engineered in the early 1990s with the development of the existing retail building.

The soils were conditioned to support urban development and are considered stable soils and geologic units. The deep -surface soils beneath the Specific Plan area consist of approximately three hundred (300) feet of alluvium, which is regarded as a very stable geologic unit. The Quaternary age old alluvium consists of inter- layered, poorly sorted gravel, sand, silt and clay.

4. Seismicity. The Specific Plan area is located in an area with eight (8) active faults including the Hayward, Calaveras, San Andreas, San Gregorio -Seal Cove -Hosgri, Concord, Greenville, Las Positas, and Verona faults. The closest fault to the Specific Plan area is the Hayward fault, which is located approximately two and one -half (2.5) miles northeast.

The Specific Plan area is also located in a moderate liquefaction susceptibility zone pursuant to the Liquefaction Susceptibility Map for the San Francisco Bay Area prepared by the United States Geologic Study (USGS) in cooperation with the California Geological Survey and William Lettis & Associates, Inc. The Specific Plan area is not located within an Alquist-Priolo zone and no faults or fault traces are located within the Specific Plan area.

The Specific Plan area may be exposed to moderate to severe ground shaking during an earthquake, particularly one that occurs on either the Hayward or Calaveras fault. To reduce the risk associated with ground shaking, development within the Specific Plan area will be required to demonstrate that structural design measures identified in a seismic hazards technical study prepared prior to construction and in accordance with the requirements of the Seismic Hazards Mapping Act have been incorporated into any design and/or building plans.

The Specific Plan area is located within a liquefaction hazard zone. To reduce the risk associated with liquefaction, development within the Specific Plan area will be required to demonstrate that abatement measures identified in a design-level geotechnical investigation prepared prior to construction have been incorporated into any design and/or building plans. Development will also be required to comply with all state and local seismic safety requirements including the California Building Standards Code and Milpitas Municipal Code, Title II.

The Specific Plan area is flat and is not located in an area identified as being susceptible to landslides.

5. Hazardous Materials. The Specific Plan area is a developed, active commercial area. It appears on four (4) environmental databases listing parcels with known or potentially hazardous conditions.

The first database is the Hazardous Waste Information System database which lists sites recorded on hazardous wastes manifests. This listing only indicates that hazardous materials were transported to or from the Specific Plan area; it does not indicate that contamination occurred. The second database is the Statewide Environmental Evaluation and Planning System database which lists sites with registered underground storage tanks (USTs). This database is no longer updated. The Specific Plan area did contain a 1,000 gallon waste oil underground storage tank. A Phase I Environmental Site Assessment ("Phase I")

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prepared by Tait Environmental Services, dated April 25, 2009, concluded that no UST exists in the Specific Plan area today based on the site reconnaissance. The Phase I found no evidence or record of when or how the UST was removed. The third database is the California Hazardous Material Incident Report System which records reported hazardous material incidents or accidental releases or spills. An alleged incident of raw sewage bubbling up on the parking lot in the Specific Plan area was reported in 1997 by a caller to the Santa Clara County Health Department. No confirmation of this release exists. The final database is the Emergency Response Notification System which reports the release of oil and hazardous substances. No details about the listing exist, so it is unclear why the Specific Plan area is listed on this database.

Fluorescent lighting fixtures within the existing building within the Specific Plan area may contain polychlorinated biphenyls and mercury. The existing refrigeration units and rooftop HVAC units may also contain chlorofluorocarbons. The existing automobile service area utilizes several above-ground storage tanks (AST) that store petroleum hydrocarbons and a hazardous waste storage area. The existing building also has a hazardous waste storage area inside for spent absorbent material used to soak up spills of hazardous retail products and store maintenance products.

The Specific Plan area is located one and one -tenth (1.1) miles east of the San Jose/Santa Clara Water Pollution Control Plant which uses nineteen (19) percent aqueous ammonia, a hazardous material. Worst- case offsite release for aqueous ammonia is one-one hundredth (0.01) mile from the release point or only forty-five (45) feet from the plant's fence line. The Calpine Los Esteros Critical Energy Facility, a 180 - megawatt natural gas power plant served by two (2) PG&E natural gas pipelines, is located six-tenths (0.6) miles southwest of the Specific Plan area. The plant began operation in 2003. Because of the localized nature of any releases of aqueous ammonia, and the recent age and clean -burning attributes of natural gas, the Specific Plan area is not susce ptible to exposure of hazardous materials from surrounding land uses.

6. Biological Resources. Most of the Specific Plan area is covered with impervious surfaces.

Mature ornamental trees and landscaping are located throughout the parking lot and along frontages with Ranch Drive and North McCarthy Boulevard. Horticultural low growing shrubs, tree ro ws and single planter trees are located in the parking areas and along the periphery of the existing building. The ornamental trees include species up to approximately twenty (20) feet in height and non -native shrubs of five (5) feet or less in height. There are no special-status plants or wildlife species with potential to occur within the Specific Plan area.

Based on the developed and disturbed condition of the Specific Plan area, only commonly observed wildlife species would be expected to occur in the area such as house sparrows, starlings, crows, opossums and small squirrels. Based on the lack of trees, shrubs, and aquatic resources, there is no indication of a wildlife community in the area. The area also does not contain features suitable for use as a wildlife movement corridor (e.g., open drainages). The Specific Plan area does support ornamental trees an d shrubs trees that could potentially provide nesting habitat for small migratory songbirds. No open channels, natural drainage features, wetlands or waters of state or the United States exist within the Specific Plan area.

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7. Climate. Temperatures in the Specific Plan area range from an average monthly high of

81.9 degrees Fahrenheit ( °F) in July to an average monthly low of 40.8 °F in January.

Average annual rainfall is 14.70 inches.

D. Existing Utilities.

1. Water. The Specific Plan area will receive water service from the City of Milpitas, which provides potable water supply and distribution to an approximately fifteen (15) square mile service area. Milpitas's water distribution systems includes two hundred three (203) miles of water main, one thousand seven hundred fifty-five (1,755) fire hydrants, five (5) water tanks totaling 15.64 million gallons of capacity, five (5) pump stations, sixteen (16) pressure regulator valves, and one (1) well. Milpitas purchas es treated water from the San Francisco Public Utilities Commission and the Santa Clara Valley Water District, and receives recycled water from the San Jose/Santa Clara Water Pollution Control Plant. The City also maintains an emergency well system. The City's emergency well meets all drinking water standards and is permitted for unlimited use. A second emergency well is under design.

The San Francisco Public Utilities Commission receives approximately eighty -five percent (85%) of its water from the Hetch Hetchy Reservoir with the remaining fifteen (15%) percent coming from Alameda and Peninsula watershed. The Santa Clara Valley Water District receives its water from local groundwater aquifers, the Sierra Nevada Mountains via pumping stations in the Sacramento -San Joaquin River Delta, and a small amount from local surface water and recycled water. The annual yield from the Santa Clara Valley Water District is four hundred forty thousand eight hundred (440,800) acre -feet during a year during average weather conditions.

In 2010, the estimated water demand for Milpitas based on the City's Urban Water Management Plan was

14.06 million gallons per day. By 2030, the projected demand would be 17.10 million gallons per day with the estimated supply also at 17.10 million gallons per day. Based on these projections, demand would exceed supply under both single dry year and multiple dry year scenarios. The Urban Water Management Plan identifies various water shortage contingency strategies including voluntary and mandatory rationing and supplemental groundwater pumping. Development in the Specific Plan area will be required to install indoor water conservation measures such as low -flow or ultra-low-flow toilets and urinals, and sensor- activated faucets in restrooms prior to final certificate of occupancy issuance.

2. Wastewater. The San Jose/Santa Clara Water Pollution Control Plant provides wastewater treatment and disposal services to a three hundred (300) square-mile service area encompassing the cities of San Jose, Santa Clara, Milpitas, Campbell, Cupertino, Los Gatos, Sarato ga, and Monte Sereno. The plant, which is located in San Jose, west of Milpitas, has capacity to treat 167 million gallons of wastewater per day. The plant receives 116.6 million gallons per day, on average.

The City of Milpitas collects wastewater from approximately six thousand (6,000) acres within the City planning area, including the Specific Plan area. Effluent is transmitted though 172.5 miles of sewer main to the San Jose/Santa Clara Water Pollution Con trol Plant. Wastewater treatment services are governed by an agreement between the cities of San Jose and Santa Clara (as joint owners of the plant) and the City of Milpitas. The City of Milpitas pays a capital share in proportion to the City's capacity rights and the total plant capacity. In 2009, the City of Milpitas increased its capacity allocation from 13.5 million gallons per

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day to 14.25 million gallons per day. Any development in the Specific Plan area will be required to pay a Treatment Plant Fee.

Existing development in the Specific Plan area is served by a lateral tie into a wastewater trunk line located in North McCarthy Boulevard from SR -237 to the Milpitas Pump Station located at Dixon Landing Road.

The trunk line ranges in diameter from thirty-six (36) to forty-eight (48) inches.

3. Water Quality. The existing drainage within the Specific Plan area is discussed above in Subsection B.16.020.C.2 (Hydrology).

Coyote Creek and South San Francisco Bay are listed on the United State Environmental Protection Agency (EPA) 303(d) list of impaired water bodies. During construction, all work would be required to meet the National Pollution Discharge Elimination System (NPDES) requirements for stormwater quality. The contractor would also be required to implement Best Management Practices (BMPs) for erosion control.

These requirements will be implemented through the preparation and approval of a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP would ensure that construction would not violate any water quality standards.

During operations, all activities must comply with a City -approved stormwater management plan.

Compliance with the stormwater management plan would ensure that operational activities within the Specific Plan area would not violate any water quality standards.

4. Stormwater. The City of Milpitas collects and disposes its stormwater via a storm drainage network consisting of catch basins, conveyance piping, pump stations, and outfalls to creeks. Storm drainage infrastructure within the City includes one hundred twenty-three (123) miles of piping, three thousand four hundred ninety (3,490) catch basins, approximately four and one-half (4.5) miles of drainage ditches and creeks, and thirteen (13) stormwater pump stations. The Santa Clara Valley Water District has jurisdiction over creeks, including Coyote Creek.

The Specific Plan area is served by existing storm drainage infrastructure (inlets and piping) that discharges runoff into the City's municipal storm drain system. The City's storm drain system includes lines located within Ranch Drive and North McCarthy B oulevard. The storm drain main within North McCarthy Boulevard ranges from twenty-four (24) to forty-eight (48) inches in diameter and discharges stormwater into Coyote Creek northwest of the Specific Plan area.

5. Solid Waste Disposal. Solid waste collection and recycling services are provided by Republic Services under contract with the City of Milpitas Public Works department. Solid waste from the City of Milpitas is landfilled at the Newby Island Landfill on Dixon Landing Road in San Jose, which has approximately 10.7 million cubic yards of remaining capacity.

The Newby Island Landfill operator has applied to the City of San Jose to increase disposal capacity by 15 million cubic yards. Newby Island Landfill is permitted to accept up to four thousand (4,000) tons of Municipal Solid Waste (MSW) per day. The anticipated closure date of the Newby Island Landfill is 2025. The annual waste diversion rate in the City of Milpitas is steadily increasing and was sixty (60) percent in 2006.

Development on site shall be required to retain a qualified contractor to perform construction and demolition debris recycling and developer must document to the satisfaction of the City of Milpitas, that construction and demolition debris was recycled. Development on the Specific Plan area will be required to provide on-site recycling facilities prior to obtaining certificate of occupancy permits.

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6. Natural Gas. Natural gas service to the Specific Plan area will provided by Pacific Gas and Electric Company (PG&E).

7. Electricity. Electricity service to the Specific Plan area will be provided by PG&E.

8. Telephone. Telephone service to the Specific Plan area will be provided by American Telephone & Telegraph (AT&T).

B.16.030 Land Use Plan
Any and all approvals, decisions, reviews or actions required under this section and required for development within the Milpitas Commercial Specific Plan area shall be ministerial, final, and not subject to appeal, and shall be processed pursuant to Secti on B.16.050 ( Administration) of this Specific Plan, provided the proposed development is consistent with the conceptual site plan, elevations, colors and materials, and landscaping as depicted in Ordinance 38 -799, Figures XI-10-11.07-6 through -9, of this Specific Plan and the conditions and requirements set forth in Ordinance 38 -799, Figure XI-10-11.07-10, of this Specific Plan.

Development that is not consistent with the development standards set forth in the Milpitas Commercial Specific Plan and Ordinance 38 -799, Figures XI-10-11.07-6 through -9 , of this Specific Plan, and the conditions and requirements set forth in Ordinance 38 -799, Figure XI-10-11.07-10, of this Specific Plan shall either require a Substantial Conformance Determination, as discussed below, or shall be processed under the procedures set forth for development in the General Commercial (C2) zone as set forth in the City of Milpitas Zoning Code. Development that has not commenced, which is defined as building permit issuance or completion of a foundation, within eighteen (18) months of approval of the Milpitas Specific Plan, shall be processed under the procedures set forth for development in the C2 zone as set forth in the City of Milpitas Zoning Code. The development standards shall be the same as those specified herein, but the process shall be consistent with the zoning code.

A. Land Use Concept. The overall land use concept for the Milpitas Commercial Specific Plan is to revitalize, update and expand an existing retail facility to take advantage of the site's excellent regional access and visibility. It will improve the aesthetic and commercial landscape and provide for development of a full-service retail use to complement existing uses in the surrounding area.

The land use concept will incorporate design elements that complement and are compatible with the architectural theme of the existing commercial landscape by creating an attractive and productive blend of retail uses. Access and parking within the Specific Plan area is intended to be designed with convenient vehicular, non-motorized vehicle and pedestrian access that blends and interconnects with the surrounding commercial area.

Ordinance 38-799, Figure XI-10-11.07-6, illustrates the Conceptual Site Plan for the Milpitas Commercial Specific Plan.

1. Uses Allowed By Right. Table B.16.030-A ( Permitted Uses ) below establishes the permitted uses for the Milpitas Commercial Specific Plan area. Ancillary and accessory uses, if proposed, will be reviewed concurrently with any application for development submitted. Ancillary and accessory uses that are not specifically listed as permitted may be approved subject to determination of substantial conformance as set forth in Section B.16.050 ( Administration) of this Specific Plan. All uses shall be fully enclosed unless otherwise indicated.

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Table B.16.030-A: Permitted Uses

1. Commercial Uses
Alcoholic beverage sales for offsite consumption (type 20 or 21 license) Art/photography studio or gallery
Bookstore
Commercial services (i.e., establishments which provide non-medical services of a retail character to patrons which may involve the sale of goods associated with the service being provided, including, but not limited to, establishments such as:
accountants, architects, dry-cleaners, floral shops, barber and beauty shops, interior decorators; Laundromats (self-service laundries), locksmiths, mailbox rentals, photocopy shops, shoe repair shops, tailors, and tuxedo rental shops) Furniture sales
Grocery store (supermarkets) regardless of distance from residential zone(s) Home improvement (hardware, blinds, interior decorating, etc.) Household appliance store
Janitorial services
Newsstand (indoor and outdoor)
Nursery (flower or plant) provided all incidental equipment and supplies, including fertilizer and empty cans, are kept within a building or garden center.

Office supply sales (stationary, equipment)
Paint and wallpaper stores
Pet stores
Printing (newspaper, publishing)
Rentals (medical supplies, costumes, party equipment, office equipment) Retail stores, general merchandise (i.e., retail trade establishments selling lines of merchandise, including, but not limited to:
art supplies, antiques, bakeries (retail only), bicycles, candy stores, clothing and accessories, collectables, fabrics and sewing supplies, gifts (novelties and souvenirs), hobby materials, jewelry, luggage and leather goods, music stores, sporting goods and equipment, toys and games, variety stores; video rentals and sales) Superstore-type uses including general merchandise, grocery, pharmacy and other uses permitted independently in the Specific Plan area 1
Tanning salon
Thrift store

2. Entertainment and Recreation
Bowling alleys
Commercial athletic facilities - Indoor

3. Health and Veterinarian Uses
Animal grooming (no boarding)
Medical and dental office 2
Medical support laboratories
Optician and optometrist shop
Pharmacy or drug store

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Table B.16.030-A: Permitted Uses
Veterinary clinic

4. Professional Offices, Financial Institutions and Related Uses Automatic Teller Machines (freestanding)
Financial institutions (banks, savings and loans, check cashing, etc.) General offices (administrative and business services, real estate, travel agencies, etc.)

5. Public, Quasi-Public and Assembly Uses
Trade and vocational school
Instruction - Private
Parking Facility - Storage Garage

6. Restaurants or Food Service
Catering establishment
Restaurants 3

7. Vehicle Related Uses
Auto repair (tire, oil change, smog check, etc.)
Temporary Recreational Vehicles (RV) sales
Vehicle-oriented window service facility

8. Unclassified Uses
24-hour operations
Accessory structures (not including warehouses on the same site as a permitted use) Temporary seasonal sales
Table Notes:
1 24-hour operations permitted as-of-right.
2 Medical and dental office is defined as a building or place where (a) member(s) of the medical profession, dentists, chiropractors, osteopaths, acupuncturists, and physicians or occupational therapists provide diagnosis and treatment to the general public without overnight accommodation and shall include such uses as reception areas, offices, consultation rooms, pharmacy and x-ray providing that all such uses have access only from the interior of the building or structure. 3 Does not include live entertainment, dancing, drive-thru or drive-in restaurants.

B. Site Development Standards.

1. Land and Structure Regulations. Table B.16.030-B ( Land and Structure Regulations ) below establishes the land and structure regulations for the Milpitas Commercial Specific Plan area:

Table B.16.030-B: Land and Structure Regulations
Lot Area, minimum 10,000 square feet
Lot Width, minimum 100 feet
Maximum Floor Area Ratio 0.50
Minimum Yard Setbacks Front: 0 feet
Side Yard (interior): 0 feet; 15 feet when abutting R District

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Table B.16.030-B: Land and Structure Regulations
Street Side Yard: 0 feet
Rear Yard: 0 feet; 15 feet when abutting R District
Maximum Building Height None
Maximum Building Square Footage 150,725 square feet

2. General Design Concepts. Within the Milpitas Commercial Specific Plan, general design concepts address the nature and function of the use, building, or feature being considered. Architectural design and details are to be integrated throughout the Specific Plan area and oriented to areas within public view. Design within the Milpitas Commercial Specific Plan shall meld function and form, not one to the exclusion of the other, and promote the harmonious appearance of structures in other commercial areas adjacent to the Spec ific Plan area, including the McCarthy Ranch Marketplace which is a commercial/retail development south of the Specific Plan area.

To facilitate design integrity between the uses within the Milpitas Commercial Specific Plan and other commercial uses surrounding the Specific Plan area, the following standards shall be adhered to:
a. Design shall reflect the "California ranch" design theme of the McCarthy Ranch Marketplace, including "salt box" style metal roofs and canopies, faux wood siding, corrugated metal cladding, and the use of colors such as Colonnade Gray, Cool Old Zinc Gray and Countryland Red. Ordinance 38-799, Figures XI-10-11.07- 7 and -8 included in this Specific Plan comply with these requirements. b. The Planning Director shall review and approve all final building plans and elevations to ensure substantial conformance with Ordinance 38-799, Figures XI- 10-11.07-6, -7 and -8 , of this Specific Plan. Substantial conformance shall be determined as set forth in Section B.16.050 (Administration) of this Specific Plan. c. Development within the Specific Plan area shall comply with the environmental performance standards set forth in Section B.16.050.D.7 ( Environmental Performance Standards) of this Specific Plan. Developer shall bear all costs of implementing such environmental performance standards.
d. Shipping containers shall be removed from the Specific Plan area or screened in accordance with Section C.2.140 (Screening Standards) to be completely enclosed within a building or behind a visually obscure solid wall or tight board fence a minimum six (6) feet in height and not located within any front or street side yard setbacks.
e. No trees shall be removed until the City has approved a detailed landscape plan as set forth in Section B.16.030.B.3 (Site Development Standards) below. f. All development within the Specific Plan area shall comply with all applicable building codes and the requirements of the City, County, State and other responsible agencies.

Ordinance 38 -799, Figures XI-10-11.07-7 and -8 illustrate the conceptual exterior elevations and conceptual colors and materials for the Specific Plan area. Development proposed that is consistent with Ordinance 38-799, Figures XI-10-11.07-7 and -8 shall be processed as a ministerial building permit and construction plan review as set forth in Section B.16.050 (Administration) of this Specific Plan.

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3. Site Development Standards. Within the Milpitas Commercial Specific Plan area the following standards shall apply to certain types of development or uses. a. Alcoholic Beverage Sales. Any business conducting alcohol sales in the Specific Plan area shall comply will all Department of Alcoholic Beverage Control licensing requirements pertaining to the sale of beer, wine and distilled spirits. Business operators shall be responsible for e nsuring that all employees receive "Responsible Alcoholic Beverage Service" training as offered through programs established by the Alcoholic Beverage Control of the State of California. Evidence of such training and the training records of all employees shall be maintained on- site during business hours, and made available for inspection upon request. b. Food Preparation and Sales. The owner of any establishment involved in the preparation or sale of food shall hold training sessions to instruct their employees on the proper procedures in the handling and disposal of food items; the general maintenance and use of the compactor; and any other procedures that would assist the business in complying with all state and local health and sanitation standards.

Prior to issuance of a certificate of occupancy, the owner of any establishment involved in the preparation or sale of food shall post signs (in English, Vietnamese, Chinese, Filipino and Spanish) inside the premises for all employees, which identify procedures for the food delivery and disposing of garbage.

The preparation and storage of food is not permitted outside of the establishment.

The owner of any establishment involved in the preparation or sale of food shall comply with best management practices for the handling and disposal of solid and food wastes, as permitted by and in compliance with local and state solid waste disposal regulations.

4. Landscaping. The quality environment envisioned for the Milpitas Commercial Specific Plan site will be established, in large part, by its landscape treatment. Landscaping is to be designed to highlight positive visual features, to screen negative ones, and to provide a cool, pleasant outdoor environment.

Landscaping currently exists along the existing building frontage with North McCarthy Boulevard and Ranch Drive and within the parking area. The existing retail building and Specific Plan area is almost entirely screened from view by this landscaping. New planter areas shall be installed along the south side of the existing retail building, but all other landscaping shall remain unchanged.

Prior to issuance of a building permit, a detailed landscape plan shall be submitted to the Planning Director for review, approval and implementation.

Prior to the issuance of grading or building permits, whichever comes first, the developer shall obtain a tree removal permit from the City of Milpitas for any trees to be removed with a trunk circumference of 37 inches or more measured at 4.5 feet above ground level. As set forth in Section B.16.050 (Administration) of this Specific Plan, landscape plan review and approval, and tree removal permit issuance, shall be non-discretionary, final actions that cannot be appealed.

The detailed landscape plan shall include and/or provide for the following:

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a. The location and screening of all transformers and utility devices including backflow preventers.
b. The location and type of trees, shrubs and ground cover, including sizes and quantities. The legend shall also show tree canopy diameter at planting, five (5) years and ten (10) years.
c. Plan details for all fence and wall structures. These shall be compatible in style and material with the proposed buildings.
d. All planter areas shall be serviced by a sprinkler head or drip system. e. All trees removed with a trunk circumference of more than thirty -seven (37) inches or more measured at four and one-half (4.5) feet above ground level shall be replaced in accordance with the requirements of the City of Milpitas Tree Maintenance Protection Ordinance and as set forth in the required tree removal permit. All trees removed with a trunk circumference of less than thirty -seven (37) inches or more measured at four and one-half (4.5) feet above ground level, shall be replaced on-site with a similar tree species at no less than a 1:1 ratio. All replacement trees shall be planted within thirty (30) days of issuance of the final certificate of occupancy.
f. All approved landscaping shall be permanently maintained and replaced in kind as necessary to provide a permanent, attractive and effective appearance.

The approved detailed landscape plan shall be incorporated into the development proposed. All required landscaping shall be planted and in place prior to issuance of a certificate of occupancy.

Ordinance 38-799, Figure XI-10-11.07-9 illustrates the preliminary planting plan for the Specific Plan area.

Ordinance 38-799, Figure XI-10-11.07-11 is a colored conceptual site plan that shows all the existing and preliminary planting pursuant to the preliminary planting plan for the Specific Plan area.

Any detailed land use plan or tree removal permit submitted as part of a development proposed that is consistent with Ordinance 38-799, Figure XI-10-11.07-9 shall be processed as a ministerial building permit and/or construction plan review as set forth in Section B.16.050 (Administration) of this Specific Plan.

5. On-Site Circulation, Parking, and Loading.
a. On-Site Circulation. The on -site circulation standards within the Milpitas Commercial Specific Plan will ensure the efficient and safe passage of vehicles and pedestrians to and from the various commercial uses within the Specific Plan area.

On-site circulation within the Specific Plan area shall adhere to the following requirements:
(i) All ingress and egress routes shall be maintained clear of storage, delivery trucks or other obstructions at all times.
(ii) The circulation system shall include adequate directional signs for entrances, exits, parking areas, loading areas, and other uses. (iii) On-site driveways shall be permitted to provide common access between the Specific Plan area and adjacent properties.
(iv) Site lines required for safe automobile movement shall be kept clear.

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(v) On-site pedestrian walkways should provide direct, safe, and adequate movement paths between parking areas and building entrances. (vi) Truck deliveries shall enter via the northern driveway along Ranch Drive and immediately turn right and travel westbound towards the loading dock. Trucks exiting the site would retrace their path to the northern Ranch Drive driveway.
b. Parking. Prior to issuance of a building permit, the developer shall prepare and submit a site plan to the City of Milpitas that demonstrates that off-street parking provided on-site complies with the parking provisions of the Milpitas Commercial Specific Plan. As set forth in Section B.16.050 ( Administration) of this Specific Plan, review and approval of the site plan shall be a non-discretionary, final action that cannot be appealed. The intent of this action is to ensure compliance with the provision of the Milpitas Commercial Specific Plan.

The number of required parking spaces in the Specific Plan area is set forth in Table B.16.030-C (Number of Parking Spaces Required ) below. Gross floor area, as used in this Specific Plan, means the total 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 retail purposes.

Table B.16.030-C: Number of Parking Spaces Required
Use Minimum Parking Spaces Required

1. Commercial Uses
Commercial services 1 1 per 200 square feet
Furniture and appliance stores and other bulky item retail 1 per 350 square feet General Retail and Convenience Stores, including grocery stores 1 per 200 square feet
Plant nursery 1 per 200 square feet
Superstore-type uses including general merchandise,
grocery, pharmacy and other uses permitted independently in the Specific Plan area
1 per 200 square feet

2. Entertainment and Recreation
Arcade and Amusement 1 per 200 square feet
Bowling Alleys 6 per alley or lane
Indoor Commercial Athletic Facilities 1 per 150 square feet

3. Health and Veterinarian Uses
Medical and dental office 1 per 225 square feet
Veterinary clinic and Animal Grooming 1 per 250 square feet

4. Professional Offices, Financial Institutions and Related Uses Automatic Teller Machines (freestanding) 2 per machine Financial institutions (banks, savings and loans, check cashing, etc.) 1 per 180 square feet
Offices, administrative and business services 1 per 240 square feet

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Table B.16.030-C: Number of Parking Spaces Required
Use Minimum Parking Spaces Required

5. Public, Quasi-Public and Assembly Uses
Trade and vocational school 1 per 200 square feet
Instruction - Private 1 per instructional area or classroom, whichever is greater.

No fewer than 3 spaces

6. Restaurants or Food Service
Restaurant - Sit Down 1 per 39 square feet of dining area Restaurant - Take Out 1 per 2.5 seats (indoor/outdoor) plus 1 per 60 square feet GFA for the ordering or take-out area

7. Vehicle Related Uses
Auto repair (tire, oil change, smog check, etc.) 3 per service bay Table Notes:
1 Commercial services shall have the same definition as that set forth in Table B.16.030-A (Permitted Uses).

Off-street parking configurations within the Specific Plan area shall adhere to the following requirements:
(i) Shared Parking within the Specific Plan area shall be as set forth in the City of Milpitas Zoning Code Section C.6.060.A (Shared Parking). (ii) Up to forty (40) percent of the required parking stalls may be designed as compact stalls to accommodate compact cars. Compact parking stalls shall be dispersed throughout the parking lot and not concentrated to discourage oversized vehicles from using the stalls. Each stall shall be legibly marked "compact stall" or "small car" on the stall surface. (iii) Parking spaces for the disabled shall comply in all respects with the requirements of the California Code of Regulations (State Building Code) or Federal law, where such prevails over State law.
(iv) Parking spaces shall be unobstructed in operation, shall not be used for vehicle repair work of any kind unless within a building, and shall not be reduced below the required size as long as the primary use remains, unless an equivalent number of spaces is provided for said use in another approved location.
(v) The sale or storage of merchandise in parking areas may be allowed pursuant to the provisions and requirements set forth in Figure 10 and as set forth in Section B.16.030.B.5 ( On-Site Circulation, Parking, and Loading) of this Specific Plan.
(vi) All parking areas shall be kept clean and free of dirt, oil, mud or trash; pavement and striping shall be maintained in a continuous state of good repair.
(vii) All parking areas and access driveways shall have a smoothly graded, stabilized and dustless surface with adequate drainage so that injury will

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not be caused to adjacent properties. Bumper guards or curbs shall be provided in order to define parking spaces or limits of paved areas. (viii) Parking stalls and drive aisle dimensions shall comply with Table C.6.080- A (Parking Space Minimum Dimensions ) of the City of Milpitas Zoning Code.
(ix) All open automobile parking areas which abut upon a public street right- of-way shall provide landscaping to a depth of at least ten (10) feet of said street right-of-way and of any adopted plan line, with openings for walkway or drive purposes. Each landsc aped planter in said parking facility shall be contained with a six (6) inch raised concrete curb (extruding curbing not permitted). Installation of an irrigation system shall be provided for in each planter area.
(x) Lighting shall be provided in the parking area pursuant to Section B.16.030.B.9 (Lighting) of this Specific Plan and shall be designed, located and arranged so as to reflect the light away from any street and any adjacent premises.
(xi) Directional signs are permitted in parking areas pursuant to Section B.16.030.B.7 (Signage) of this Specific Plan.
(xii) Vehicles may overhang two (2) feet into any landscape area or private walkway if the walkway is a minimum six (6) feet in width, but in no event shall the overhang be permitted within any public right-of-way. c. Loading.
(i) Each loading berth shall have vehicular access to the street, without passing over other parking stalls.
(ii) Loading areas shall be designed to provide for backing and maneuvering on site and not from or within a public street. Direct loading from a public street shall not be permitted.
(iii) Loading bays shall be sealed with rubber gaskets to reduce noise impacts to adjacent areas.

6. Outdoor Storage/Sales. Outdoor storage and sales shall be permitted in the Milpitas Commercial Specific Plan area, pursuant to the requirements set forth below. a. Outdoor storage of material shall be completely enclosed within a building or behind a visually obscure solid wall or tight board fence a minimum six (6) feet in height and not located within any front or street side yard setbacks. b. Temporary seasonal sales such as Christmas tree or pumpkin sales lots may be permitted provided they do not reduce available parking to below the required parking ratio for the primary use on the site. Temporary seasonal sales shall not engage in the sale of any merchandise not directly associated with the holidays with which the seasonal sales are associated. Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use. Temporary seasonal sales shall be approved by Planning Department staff pursuant to Section B.16.050

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(Administration) of this Specific Plan, provided the above requirements are met, and shall be limited to forty-five (45) days of operation per calendar year. c. Outdoor sales, including temporary tent sales and periodic temporary RV sales, shall be allowed as pursuant to the provisions and requirements set forth in Ordinance 38-799, Figure 10 and this Section.
d. Ingress and egress for emergency vehicles shall be maintained at all times within the sales and storage area.

7. Signage. Signage and graphics will be an important element within the Milpitas Commercial Specific Plan area. The intent of the sign program is to provide for maximum sign exposure for uses within the Specific Plan area in a manner that will complement the overall image of the area while preserving and enhancing the aesthetic, vehicle and pedestrian traffic safety and convenience, and environmental values of the surrounding area.

Developer shall be required to prepare and submit a sign program to the City of Milpitas for review and approval before building permit issuance. Developer shall implement the approved sign program into any proposed development in the Specific Plan area. As set forth in Section B.16.050 (Administration) of this Specific Plan, any review and approval of a sign program shall be a non -discretionary, final action that cannot be appealed. The intent of the review is to ensure compliance with the signage requirements of the Milpitas Commercial Specific Plan. Changes in existing sign copy and relocation of existing signs that do not change the existing sign area shall be deemed to be consistent with the signage requirements of the Specific Plan and shall not require any additional approvals.

The following sets forth the requirements for signs in the Milpitas Commercial Specific Plan area:
a. Definitions. The definitions stated in Part XIII-E are incorporated herein. b. Maximum Sign Area. The maximum permissible sign area in the Specific Plan area shall conform to the following area:
(i) The total aggregate area of all signs permitted on any building site or property shall not exceed one (1) square foot of sign for each two (2) lineal feet of building perimeter on the subject parcel or not exceed two (2) square feet of sign for each one (1) lineal foot of public street frontage, at the developer's discretion.
(a) For buildings or uses containing more than one (1) business, the allowable sign area as defined in Section (1) above shall be distributed to each business proportionately to the floor area of the subject business to the total floor area for all leasable structures on the parcel or site; or, distributed to each business proportionately to the building façade of the subject business by one (1) square feet of sign area per one (1) lineal feet of adjacent building façade oriented towards a property line of a site or common parking area.
(b) Public street frontage with non -access rights or no immediate direct access, such as flood control channels, but excluding

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landscaped planter areas, shall not be included in computing public street frontage for purposes of sign area calculations. (c) Any square footage of a sign shall be deducted from the total maximum permissible sign area allowed for the site, unless otherwise specified or exempted in this Specific Plan.

The following signs shall not count towards the maximum sign area allocations: Ancillary Service Signs; Blade Signs; City Identification Signs; Flag Signs; Menu Board Sign for Drive Through; one "open/closed" Window Sign; and Temporary Signs. Based on public street frontage the maximum allowable sign area is 2,806 square feet in the Specific Plan area.
c. General Sign Requirements.
(i) The sign shall relate to the architectural design of the building. An attractive scale between the sign, the building and the immediate surrounding buildings and signs shall be maintained.
(ii) Signs should be an integral part of the design of the storefronts of mixed- use buildings.
(iii) To the extent feasible, a sign shall be graphic with design emphasis on simplicity, style, trademark, business identification and symbol. Wording shall be an integral part of the overall design.
(iv) Signage shall not obstruct pedestrian circulation. (v) While bilingual signs are allowed, the size of English lettering should be at least equal to the size of letters of another language. (vi) The business name and address shall be displayed on the tenant space if located in a multi- tenant building or on the building or property for a single occupant building.
(vii) All signs shall be erected only upon the site occupied by the persons or business sought to be identified or advertised by such signs. (viii) Lighting - All lighting sources shall be adequately diffused or shielded; bare lighting sources, such as neon, bare fluorescent tubes, incandescent bulbs, light emitting diodes (LED) and similar devices are not permitted. (ix) Construction - The sign's supporting structure shall be as small in density and as simple as is structurally safe; sign letters and materials should be professionally designed and fabricated; multiple signing on a single-faced building shall be reviewed for coordination of all signs architecturally and aesthetically; exposed transformers are prohibited; exposed conduit and tubing must be mitigated so that they are inconspicuous. (x) Materials - Sign faces should be constructed of non-brittle, non-yellowing Polycarbonate material or superior; signs should be constructed using high-quality materials such as metal, plastic, stone and wood; impact resistive plastic shall be used on all in ternally illuminated signs utilizing plastic sign faces. Whenever a plastic internally illuminated sign face, advertising copy or message becomes damaged and is to be replaced,

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said sign face shall be replaced with a sign face constructed of impact resistive plastic.
d. Standards for Specific Types of Permanent Signs.
(i) Ancillary Service Signs must be affixed to building, wall or window, and shall be smaller in scale to the tenant signs.
(ii) Architectural Signs shall constitute an integral part of a roof or marquee and must have a minimum clearance of ten (10) feet from the ground. (iii) Area Identification Signs shall not require extensive maintenance or upkeep.
(iv) Blade Signs shall provide a minimum of eight (8) feet of clearance above the walkway surface below, be pedestrian oriented only, project a maximum of four (4) feet from the wall of a building, and not be internally illuminated.
(v) City Identification Signs erected on private property do not count toward the maximum number of freestanding signs allowed on site. (vi) Freestanding Signs greater than six (6) shall be part of an approved sign program as set forth in Section B.16.030.B. 7 (Signage) of this Specific Plan. Freestanding signs shall be erected in on -site landscaped planter areas and maintained in a neat and healthy manner in perpetuity with vegetation that is appropriate to the site. The planter area shall extend a minimum of three (3) f eet from the base of the sign. The height of free standing signs shall be measured from grade level of the closest public sidewalk, curb or public street. A freestanding sign may consist of more than one (1) sign panel provided that all such sign panels are consolidated into one (1) common integrated sign structure.
(vii) Graphic Panel Signs shall be located within five (5) feet of the main building wall. They do not count as freestanding signs, but the display area on graphic panels counts towards overall sign area. (viii) Joint Use Signs shall be approved as part of a Sign Program and only for a commercial district under multiple ownerships where freestanding signs for each parcel for which signage is desired is infeasible. The commercial district shall be characterized by close proximity of the businesses and small parcel size. A common parking field and common vehicular circulation are strongly encouraged.
(ix) Menu Board Signs for drive -thru and speakers shall be oriented away from the public right-of-way.
(x) Off-Site Public Information Signs for a quasi-public use may request up to two (2) signs to be located by the City within the public right -of-way.

These signs shall only include the name of the use in letters not exceeding four (4) inches in height and an arrow specifying the appropriate direction. Requests for such signs shall be made in writing by an authorized representative of the use and shall include the general location desired for said signs. The City Manager, or his or her designee,

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shall determine the precise location and sign design based on good traffic engineering practice and shall provide for erection of the signs. (xi) Projecting Signs shall have a clearance of eight (8) feet above the ground and fourteen (14) feet above a driveway, alley, or other vehicular access way. Unless modified by an approved sign program, projecting signs shall only be located on the middle one-third of the front wall of a building and shall not extend from the front wall to which they are attached more than five (5) feet. Projecting signs shall not project into a public right-of-way. (xii) Wall Signs shall have a maximum area as set forth in Table B.16.030 -D (Matrix of Permanent Sign Types) below. The exposed face of a wall sign shall be installed in a plane parallel to the plane of the wall.

The maximum number, size and height of permanent signs, as defined and discussed above, is set forth in Table B.16.030-D (Matrix of Permanent Sign Types).

Table B.16.030-D: Matrix of Permanent Sign Types
Sign Type Maximum Number of
Signs Permitted Maximum Size per Sign Maximum Height per Sign
Ancillary Service Signs n/a n/a None
Architectural Sign n/a n/a n/a
Area Identification Sign n/a 60 square feet n/a
Blade Sign One per elevation of each
tenant space n/a 15 feet above walkway
surface
City Identification Sign n/a n/a n/a
Flag Signs 1 per site or building 40 square feet per flag sign n/a Freestanding Sign
1 per each parcel's public
street frontage, 1 additional
sign for sites with more than
300 feet of public street
frontage
n/a
25 feet max.; 1 foot of
height for every 8 lineal feet
of public street frontage. For
any second sign, only the
lineal feet in excess of 300
shall be used to determine
height.

Graphic Panel Sign n/a n/a n/a
Joint Use Sign See Freestanding Sign
Menu Board Sign for Drive
Through 2 per site n/a 6 feet
Off-site Public Information
Sign n/a n/a n/a
Projecting Sign One per business
Sixteen (16) square feet per
side unless increased
pursuant to approve Sign
Program.
n/a
Wall Sign n/a n/a n/a

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Table B.16.030-D: Matrix of Permanent Sign Types
Sign Type Maximum Number of
Signs Permitted Maximum Size per Sign Maximum Height per Sign
Window Sign n/a
Shall not exceed twenty-five
(25) percent of the
contiguous window area.
n/a

e. Standards for Specific Types of Temporary Signs.
(i) Balloon Signs shall be allowed for grand openings (when first opened or after significant remodeling) for a business, promotional events for individual businesses or group of businesses on a parcel. Only one (1) sign may be attached to the balloon to ident ify the name of the shopping center, business, activity or event. No other smaller balloons shall be attached to the balloon or its supporting or secure lines. The balloon shall be securely mounted to the ground or a room and shall not move by any other means than normal wind current.
(ii) Banner Signs shall be securely attached flush to a building and located on the premise of the business or use it advertises. The banner sign may be wrapped around a permitted permanent freestanding sign or wall sign when used to announce a change of business name. This banner would be allowed in addition to any other banner for the business. (iii) Construction Signs may indicate the opening date, architect, engineer, contractor, future business or lending agency and shall only be placed on the site of work under construction with a valid building permit. (iv) Grand Opening Signs are permitted when used for bona -fide grand opening functions after a business' initial occupancy, new ownership, name change or the reopening of a business that completely closed for remodeling for at least two week and shall only be displayed at the business for which the grand opening will occur.

The maximum number, size and height of temporary signs, as defined and discussed above, is set forth in Table B.16.030-E (Matrix of Temporary Sign Types).

Table B.16.030-E: Matrix of Temporary Sign Types
Sign Type Maximum Number
of Signs Permitted
Maximum Size per
Sign
Maximum Height
per Sign Duration
Balloon Sign 1 per event 50 feet above grade
Up to four (4) times
per calendar year.

Maximum 30 days per
event, 15 days for
subsequent displays
during year. Minimum
30 days between
display occurrences
Banner Sign 1 per elevation 60 square feet Maximum 30 consecutive days for

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Table B.16.030-E: Matrix of Temporary Sign Types
Sign Type Maximum Number
of Signs Permitted
Maximum Size per
Sign
Maximum Height
per Sign Duration
1st event; maximum
15 consecutive days
for subsequent event.

Displays shall be
interrupted by 30
days. Maximum four
(4) banner signs
permitted per
calendar year. If
associated with a
remodel, the
interruption period
may be waved.

Construction Sign
2 per street frontage
For tenant
improvements: 2
maximum
32 square feet 6 feet when
freestanding
After issuance of
building permit and
removed upon
approval of final
occupancy
Grand Opening Sign 1 per elevation 60 square feet 30 days Temporary Use Sign 1 per street frontage 32 square feet 8 feet To be erected only
during the temporary
use and taken down
upon completion of
temporary use

f. Prohibited Signs and Elements of Signs. The following types of signs are prohibited in the Specific Plan Area: Off- Site Advertising Displays; Privately -Owned Signs Resembling Traffic Signs; Reflective Signs; Rotating or Moving Signs; Roof Sign or Signs Extending Above Roof Ridge; Signs That Are A Traffic Hazard; Sound or Odor Emitting Signs; Other Advertising Structure; and Statuary Signs.

The following types of signs are prohibited subject to the exceptions noted below:
(i) Abandoned Signs shall be removed within ninety (90) days after the business the sign advertised has ceased and shall include elimination of all sign copy and if the sign was mounted on a building, the building façade shall be restored to its original state to the best extent possible. (ii) A-Frame Signs and Portable Signs with the exception of public services signs and open house directional signs.
(iii) Blinking, Flashing Lights or any sign having fluttering lights or other illuminating device which has changing light intensity, brightness or color unless approved pursuant to an approved sign program.
(iv) Temporary Signs except construction signs, grand -opening signs, and temporary promotional signs.

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(v) Vehicle-Mounted Signs where the vehicle is not legally registered, not operable, not parking within the confines of a striped parking space approved by the City of Milpitas or parked within the confines of a striped parking space approved by the City of Milpitas or a city street for more than seventy-two (72) hours.
(vi) Portable Signs

8. Noise.
a. Construction Noise. Hours of exterior construction shall be limited to between the hours of 7 a.m. and 7 p.m. daily except holidays. All construction equipment shall be acoustically muffled to reduce noise in accordance with Caltrans Standard Specifications.
b. Operational Noise. Development in the Specific Plan area shall comply with the noise standards contained in the Noise Element of the Milpitas General Plan.

9. Lighting. The following section addresses illumination of on -site areas for purposes of safety, security, and nighttime ambience, including lighting for parking areas, pedestrian walkways, graphics and signage, architectural and landscape features, shipping and loading areas, and any additional exterior areas.

Prior to issuance of building permits, the developer shall ensure that all exterior lighting fixtures (building- mounted and freestanding) are shielded, recessed, or directed downward to prevent unwanted illumination of neighboring properties. Fixtures shall be appropriate in terms of height, style, design, scale and wattage to the use of the property. Fixtures shall be spaced appropriately to maximize pedestrian safety. This may be accomplished by submitting a Lighting Plan for review and approval by the Pl anning Director as set forth in Section B.16.050 (Administration) of the Milpitas Commercial Specific Plan. Any review of a Lighting Plan shall be a non-discretionary, final action that cannot be appealed. The intent of the review is to ensure compliance with the provisions of the Milpitas Commercial Specific Plan. The approved Lighting Plan shall be incorporated into the development proposed.

10. Police Protection. Developer shall conduct a crime survey of the area to evaluate the security needs for development in the Specific Plan area and shall implement a security plan based on this analysis. Any security plan shall be submitted to the City of Milpitas Police Dep artment for review and approval. As set forth in Section B.16.050 (Administration) of this Specific Plan, any review and approval of a security plan shall be a non-discretionary, final action that cannot be appealed. The intent of the rev iew is to ensure compliance with the police protection requirements of the Milpitas Commercial Specific Plan.

The following security measures shall be incorporated into any development in the Specific Plan area and may be part of the developer's security plan:
a. A closed-circuit camera surveillance system for inside and outside of any retail building. These cameras should monitor the store entrance, cash registers and safe;
b. A parking lot patrol that assists customers, ensures safety, and takes action to identify and prevent any suspicious activity (such as loitering and vandalism) both

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

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

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

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

A. Infrastructure.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

C. Substantial Conformance Determination.

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

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

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

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

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

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

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

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

D. Substantial Conformance Determination Procedure.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

City of Milpitas
Planning
Department and
Building Safety
and Housing
Department

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

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

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

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

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

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

Page 235 of 711 ends

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Page 237 of 711 ends

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

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

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

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

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

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

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

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

Page 238 of 711 ends

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

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

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

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

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

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

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

Page 239 of 711 ends

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

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

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

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

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

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

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

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

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

Page 240 of 711 ends

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

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

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

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

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

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

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

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

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

Page 241 of 711 ends

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

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

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

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

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

Page 242 of 711 ends

Chapter B.18 Other Zones and Standards
Sections:

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

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

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

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

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

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

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

Page 243 of 711 ends

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

Page 244 of 711 ends

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

Page 245 of 711 ends

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

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

Page 246 of 711 ends

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

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

B.18.040 Other Zones Supplemental Standards
Reserved.

Page 247 of 711 ends

Chapter B.20 Overlay Zones and Standards
Sections:

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

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

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

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

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

D. Process.

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

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

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

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

Page 249 of 711 ends

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

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

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

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

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

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

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

Page 250 of 711 ends

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

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

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

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

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

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

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

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

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

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

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

𝑆𝑆 = 100 𝐼𝐼 𝐿𝐿
𝐴𝐴

Page 251 of 711 ends

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Page 252 of 711 ends

Milpitas City CouncilSeptember 2, 2025

Milpitas City Council
September 2, 2025