The purpose of this chapter is to explain the relationship between the Zoning Ordinance and any adopted Specific Plans. A specific plan is a document designed to implement the goals and policies of the General Plan. A specific plan is intended to establish the nature, character, and location of activities and development; to guide the orderly growth; to more specifically define the nature of development and the physical framework; and to provide a basis for future implantation actions within a specific geographic area.

(Ord. 38.777 (11) (part), 6/17/08)

The provisions in this section shall apply to all areas for which a specific plan has been prepared and adopted by the City Council.

(Ord. 38.777 (11) (part), 6/17/08)

Adoption and/or amendment of a specific plan shall occur in accordance with the provision for specific plans and specific plan amendments described in Section XI-10-62.

(Ord. 38.777 (11) (part), 6/17/08)

The adopted specific plan shall operate as the zoning regulations for the subject property. Where standards are not listed within the specific plan, the Zoning Ordinance shall regulate.

(Ord. 38.777 (11) (part), 6/17/08)

As of the date of the adoption of this Zoning Ordinance, the following specific plans have been adopted by the City. Complete specific plans are provided as a separate appendix to this chapter or are included herein.

Table XI-10-11.05-1
Adopted Specific Plans

(Ord. No. 38.799, § 2, 4.19.11; Ord. 38.780 (18), 8/19/08; Ord. 38.777 (11) (part), 6/17/08)

A.

Midtown Specific Plan.

1.

The Midtown Specific Plan policies, as well as the Design Guidelines and Standards set forth in Chapter 8 of the Plan, shall apply to all properties within the Midtown area if any one (1) or more of the following occurs:

a.

Whenever a new building is constructed, regardless of size;

b.

Whenever the use of an existing building is expanded or changed to a use requiring fifty (50) percent or more off-street parking spaces, as determined by the City's adopted parking standards; or

c.

Whenever an existing building is increased in gross floor area by ten (10) percent of the existing gross floor area or is enlarged by five hundred (500) or more square feet, whichever is less (all additions or enlargements completed since May 2, 2002 shall be totaled).

If exterior building or site improvements (including signage) are proposed that do not fall under Subsections (a) through (c) above, such improvements shall be designed to conform to the Transit Area policies, guidelines and standards applicable to the improvements, without requiring additional Transit Area-related improvements to be imposed.

2.

Whenever an entitlement is required for projects within the Specific Plan, in addition to all of the required findings, the following finding shall also be made:

The proposed use complies and is consistent with the Specific Plan.

B.

Transit Area Specific Plan.

1.

The Transit Area Specific Plan policies, including policies for specific subdistricts in Chapter 4 and the Development Standards and Design Guidelines set forth in Chapter 5 of the Plan, shall apply to all properties within the Transit Area if any one (1) or more of the following occurs:

a.

Whenever a new building is constructed, regardless of size;

b.

Whenever the use of an existing building is expanded or changed to a use requiring fifty (50) percent or more off-street parking spaces, as determined by the City's adopted parking standards; or

c.

Whenever an existing building is increased in gross floor area by ten (10) percent of the existing gross floor area or is enlarged by five hundred (500) or more square feet, whichever is less (all additions or enlargements completed since the adoption of the Specific Plan June 3, 2008 shall be totaled).

If exterior building or site improvements (including signage) are proposed that do not fall under Subsections (a) through (c) above, such improvements shall be designed to conform to the Transit Area policies, guidelines and standards applicable to the improvements, without requiring additional Transit Area-related improvements to be imposed.

2.

The policies and standards of the Transit Area Specific Plan will supersede the Midtown Specific Plan and the General Plan in the transit area. Should a conflict between the existing plans and codes arise within the Transit Area, the policies and standards of the Transit Area Specific Plan shall govern.

3.

Whenever an entitlement is required for projects within the Specific Plan, in addition to all of the required findings, the following finding shall also be made:

The proposed use complies and is consistent with the Specific Plan.

(Ord. No. 38.795, § 29, 4/6/10)

A.

Introduction.

1.

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 (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.

2.

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.

3.

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

a.

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

b.

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

c.

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

d.

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

e.

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

f.

Create additional employment opportunities for local area residents.

g.

Expand and upgrade an existing retail facility to provide the City of Milpitas and surrounding communities with a modern and energy efficient facility that provides daytime and nighttime shopping opportunities in a safe and secure environment.

h.

Minimize travel lengths and utilize existing infrastructure to the maximum extent possible by expanding and revitalizing an existing retail store.

4.

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 document 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.

5.

General Requirements.

a.

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 Plan 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:

i.

Encouraging development within the incorporated limits to fill in the urban fabric rather than providing costly expansion of urban services into outlying areas.

ii.

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.

iii.

Providing opportunities to expand employment, participate in partnerships with local business to facilitate communication, and promote business retention.

iv.

Fostering community pride and growth through beautification of existing and future development.

v.

Utilizing the City's adopted Level of Service standards in evaluating development proposals and capital improvements.

vi.

Paying its share of street and other traffic improvements based on its impacts.

vii.

Promoting measures that increase transit use, walking, and bicycling and that lead to improved utilization of the existing transportation system.

viii.

Providing adequate circulation and off-street parking and loading facilities for trucks and restricting trucks to designated truck routes.

ix.

Protecting and enhancing the quality of water resources and promoting conservation and efficiency in the use of water.

x.

Implementing the National Pollutant Discharge Elimination System (NPDES) requirements of the Regional Water Quality Control Board.

xi.

Enhancing the visual impact of the gateways to Milpitas.

xii.

Undertaking efforts to reduce the generation of waste, increase recycling and slow the filling of local and regional landfills.

xiii.

Minimizing threats to life and property from seismic hazards, geologic hazards, flooding, and dam inundation.

xiv.

Minimizing unnecessary, annoying, or injurious noise.

xv.

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.

xvi.

Improving the viability of transit, pedestrian and bicycle systems by promoting measures that increases use of those systems.

xvii.

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.

xviii.

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.

b.

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 City of Milpitas Municipal Code, design guidelines and engineering standards and other applicable regulations, in addition to all applicable local, state 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 requirements 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 XI-10-11.07(E), Administration.

c.

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.

d.

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 XI-10-11.07-6, 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 Building Official, which pursuant to Section XI-10-11.07(E), Administration, of this Specific Plan, shall be ministerial, final and not subject to appeal and without the need to amend this Specific Plan.

e.

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.

f.

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 responsible for the entire cost to implement the environmental performance standards in accordance with Section XI-10-11.07(F), Environmental Performance Standards, of this Specific Plan.

g.

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 governmental 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 instrumentality thereof, or any of its officers, officials, employees, or agents.

B.

Existing Setting.

1.

Site Conditions And Existing Land Uses.

a.

Historical and Existing Land Uses.

i.

Existing Land Use. The Specific Plan area is currently developed with a 131,725-square-foot retail store and associated parking.

ii.

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 Figures XI-10-11.07-3 and -4.

b.

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, Macaroni 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 Figure 5.

2.

Existing Circulation.

a.

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

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 major 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.

b.

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.

c.

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.

d.

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 Section 11.07(D)(2), Project Access, of this Specific Plan.

3.

Existing Physical Conditions.

a.

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.

b.

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.

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.

c.

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.

d.

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.

e.

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") 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 susceptible to exposure of hazardous materials from surrounding land uses.

f.

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 rows 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 and 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.

g.

Climate. Temperatures in the Specific Plan area range from an average monthly high of 81.9 degrees Fahrenheit (ºF) in July to an average monthly low of 40.8ºF in January. Average annual rainfall is 14.70 inches.

4.

Existing Utilities.

a.

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 purchases 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.

b.

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, Saratoga, 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 Control 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 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.

c.

Water Quality. The existing drainage within the Specific Plan area is discussed above in Section XI-10-11.07(B)(3)(b), 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.

d.

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 Boulevard. 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.

e.

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.

f.

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

g.

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

h.

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

C.

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 Section 11.07(E), 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 Figures XI-10-11.07-6 through -9, of this Specific Plan and the conditions and requirements set forth in 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 Figures XI-10-11.07-6 through -9, of this Specific Plan, and the conditions and requirements set forth in 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.

1.

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.

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

a.

Uses Allowed By Right. Table XI-10-11.07-1, 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 11.07(E), Administration, of this Specific Plan. All uses shall be fully enclosed unless otherwise indicated.

Table XI-10-11.07-1. Permitted Uses

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.

⁴ Any temporary seasonal sales shall comply with the requirements of Section XI-10-11.07(C)(2)(e).

2.

Site Development Standards.

a.

Land and Structure Regulations. Table XI-10-11.07-2, Land and Structure Regulations, below establishes the land and structure regulations for the Milpitas Commercial Specific Plan area:

Table XI-10-11.07-2
Land and Structure Regulations

b.

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 Specific 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:

i.

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. Figures XI-10-11.07-7 and -8 included in this Specific Plan comply with these requirements.

ii.

The Planning Director shall review and approve all final building plans and elevations to ensure substantial conformance with Figures XI-10-11.07-6, -7 and -8, of this Specific Plan. Substantial conformance shall be determined as set forth in Section XI-10-11.07(E), Administration, of this Specific Plan.

iii.

Development within the Specific Plan area shall comply with the environmental performance standards set forth in Section XI-10-11.07(F), Environmental Performance Standards, of this Specific Plan. Developer shall bear all costs of implementing such environmental performance standards.

iv.

Shipping containers shall be removed from the Specific Plan area or screened in accordance with Municipal Code Title XI, Chapter 10, Section 5.04(A)(2) 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.

v.

No trees shall be removed until the City has approved a detailed landscape plan as set forth in Section XI-10-11.07(C)(2)(c) below.

vi.

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.

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 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 XI-10-11.07(E), Administration, of this Specific Plan.

c.

Site Development Standards. Within the Milpitas Commercial Specific Plan area the following standards shall apply to certain types of development or uses.

i.

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 ensuring 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.

ii.

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.

d.

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 XI-10-11.07(E), 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:

i.

The location and screening of all transformers and utility devices including backflow preventers.

ii.

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.

iii.

Plan details for all fence and wall structures. These shall be compatible in style and material with the proposed buildings.

iv.

All planter areas shall be serviced by a sprinkler head or drip system.

v.

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.

vi.

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.

Figure XI-10-11.07-9 illustrates the preliminary planting plan for the Specific Plan area. 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 Figure XI-10-11.07-9 shall be processed as a ministerial building permit and/or construction plan review as set forth in Section XI-10-11.07(E), Administration, of this Specific Plan.

e.

On-Site Circulation, Parking, and Loading.

i.

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:

(1)

All ingress and egress routes shall be maintained clear of storage, delivery trucks or other obstructions at all times.

(2)

The circulation system shall include adequate directional signs for entrances, exits, parking areas, loading areas, and other uses.

(3)

On-site driveways shall be permitted to provide common access between the Specific Plan area and adjacent properties.

(4)

Site lines required for safe automobile movement shall be kept clear.

(5)

On-site pedestrian walkways should provide direct, safe, and adequate movement paths between parking areas and building entrances.

(6)

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.

ii.

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 XI-10-11.07(E), 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 XI-10-11.07-3, 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 XI-10-11.07-3
Number of Parking Spaces Required

¹ Commercial services shall have the same definition as that set forth in Table XI-10-11.07-1.

Off-street parking configurations within the Specific Plan area shall adhere to the following requirements:

(1)

Shared Parking within the Specific Plan area shall be as set forth in the City of Milpitas Zoning Code section XI-10-53.11.

(2)

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.

(3)

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.

(4)

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.

(5)

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 XI-10-11.07(C)(2)(e), of this Specific Plan.

(6)

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.

(7)

All parking areas and access driveways shall have a smoothly graded, stabilized and dustless surface with adequate drainage so that injury will not be caused to adjacent properties. Bumper guards or curbs shall be provided in order to define parking spaces or limits of paved areas.

(8)

Parking stalls and drive aisle dimensions shall comply with Table XI-10-53.13-1 of the City of Milpitas Zoning Code.

(9)

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 landscaped 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.

(10)

Lighting shall be provided in the parking area pursuant to Section 11.07(C)(2)(h), 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.

(11)

Directional signs are permitted in parking areas pursuant to Section 11.07(C)(2)(f), of this Specific Plan.

(12)

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.

iii.

Loading.

(1)

Each loading berth shall have vehicular access to the street, without passing over other parking stalls.

(2)

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.

(3)

Loading bays shall be sealed with rubber gaskets to reduce noise impacts to adjacent areas.

f.

Outdoor Storage/Sales. Outdoor storage and sales shall be permitted in the Milpitas Commercial Specific Plan area, pursuant to the requirements set forth below.

i.

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.

ii.

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 XI-10-11.07(E), 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.

iii.

Outdoor sales, including temporary tent sales and periodic temporary RV sales, shall be allowed as pursuant to the provisions and requirements set forth in Figure 10 and this Section.

iv.

Ingress and egress for emergency vehicles shall be maintained at all times within the sales and storage area.

g.

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 XI-10-11.07(E), 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:

i.

Definitions. The definitions stated in Milpitas Municipal Code Title XI, Chapter 10, Section 2.03 are incorporated herein.

ii.

Maximum Sign Area. The maximum permissible sign area in the Specific Plan area shall conform to the following area:

(1)

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 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.

iii.

General Sign Requirements.

(1)

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.

(2)

Signs should be an integral part of the design of the storefronts of mixed-use buildings.

(3)

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.

(4)

Signage shall not obstruct pedestrian circulation.

(5)

While bilingual signs are allowed, the size of English lettering should be at least equal to the size of letters of another language.

(6)

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.

(7)

All signs shall be erected only upon the site occupied by the persons or business sought to be identified or advertised by such signs.

(8)

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.

(9)

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.

(10)

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 internally illuminated signs utilizing plastic sign faces. Whenever a plastic internally illuminated sign face, advertising copy or message becomes damaged and is to be replaced, said sign face shall be replaced with a sign face constructed of impact resistive plastic.

iv.

Standards for Specific Types of Permanent Signs.

(1)

Ancillary Service Signs must be affixed to building, wall or window, and shall be smaller in scale to the tenant signs.

(2)

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.

(3)

Area Identification Signs shall not require extensive maintenance or upkeep.

(4)

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.

(5)

City Identification Signs erected on private property do not count toward the maximum number of freestanding signs allowed on site.

(6)

Freestanding Signs greater than six (6) shall be part of an approved sign program as set forth in Section XI-10-11.07(C)(2)(f), 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) feet 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.

(7)

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.

(8)

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.

(9)

Menu Board Signs for drive-thru and speakers shall be oriented away from the public right-of-way.

(10)

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, shall determine the precise location and sign design based on good traffic engineering practice and shall provide for erection of the signs.

(11)

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.

(12)

Wall Signs shall have a maximum area as set forth in Table XI-10-11.07-4, 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 XI-10-11.07-4, Matrix of Permanent Sign Types.

Table XI-10-11.07-4
Matrix of Permanent Sign Types

v.

Standards for Specific Types of Temporary Signs.

(1)

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 identify 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.

(2)

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.

(3)

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.

(4)

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 XI-10-11.07-5, Matrix of Temporary Sign Types.

Table XI-10-11.07-5
Matrix of Temporary Sign Types

vi.

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:

(1)

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.

(2)

A-Frame Signs and Portable Signs with the exception of public services signs and open house directional signs.

(3)

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.

(4)

Temporary Signs except construction signs, grand-opening signs, and temporary promotional signs.

(5)

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.

(6)

Portable Signs

h.

Noise.

i.

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.

ii.

Operational Noise. Development in the Specific Plan area shall comply with the noise standards contained in the Noise Element of the Milpitas General Plan.

i.

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 Planning Director as set forth in Section XI-10-11.07(E), 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.

j.

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 Department for review and approval. As set forth in Section XI-10-11.07(E), 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 review 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:

i.

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;

ii.

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 during the day and nighttime hours, and a plainclothes patrol inside the retail building to ensure safety and security;

iii.

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;

iv.

A burglar, robbery and/or panic alarm;

v.

Clearly marked and lighted parking areas to allow for safe circulation; and,

vi.

On-site security twenty-four (24) hours a day during construction to prevent theft or vandalism of construction materials.

3.

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.

D.

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 XI-10-11.07(E), Administration, of this Specific Plan.

1.

Infrastructure.

a.

General Provisions. Any development in the Specific Plan area shall comply with the following:

i.

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.

ii.

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.

iii.

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.

iv.

Before building permit issuance, developer shall obtain design approval from the City Engineer pursuant to Section XI-10-11.07(F), 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 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 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.

v.

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.

b.

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 Plan 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.

c.

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 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.

d.

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 XI-10-11.07(E), Administration, of this Specific Plan. Developer shall incorporate the conclusions and recommendations of the approved Drainage Study prior to building permit issuance.

e.

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 show 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.

f.

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.

g.

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.

h.

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.

i.

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.

j.

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.

2.

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 between 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 twenty-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.

3.

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 for 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.

4.

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

a.

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;

b.

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

c.

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;

d.

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

e.

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

f.

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

g.

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;

h.

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;

i.

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,

j.

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.

5.

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:

a.

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 contributions and other payments to public agencies and/or b) reimbursed from any public source.

b.

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

E.

Administration.

1.

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 Figures XI-10-11-07-6 through -9, and the conditions and requirements set forth in 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 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 XI-10-11.07(D)(1)(b) and XI-10-11.07(D)(1)(c). 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.

2.

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.

3.

Substantial Conformance Determination.

a.

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 (Figures XI-10-11.07-6 through-9); inclusion of land uses not listed in Section XI-10-11.07(C)(1) 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.

b.

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.

i.

Permitted Land Uses. Land uses not listed as permitted in Section XI-10-11.07(C)(1) of this Specific Plan may be permitted, with a Substantial Conformance Determination, provided that:

(1)

The proposed use is compatible with the uses permitted described in Section XI-10-11.07(C)(1) of this Specific Plan; and

(2)

The proposed use is similar to and will not cause environmental impacts substantially greater than the other permitted uses set forth within Section XI-10-11.07(C)(1) of this Specific Plan.

ii.

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.

iii.

Environmental Performance Standards. The Planning Director or designee may approve minor variations from the environmental performance standards set forth in Section XI-10-11.07(F), 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.

iv.

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 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.

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 review. Any subsequent sign permit applications that 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 Commercial Specific Plan shall require a Substantial Conformance Determination.

4.

Substantial Conformance Determination Procedure.

a.

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.

b.

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

c.

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.

d.

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:

i.

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.

ii.

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.

iii.

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.

iv.

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 the Milpitas Municipal Code Section XI-10-57.02.

b.

Process.

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.

F.

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 XI-10-11.07-6, Milpitas Commercial Specific Plan Environmental Performance Standards. The developer of the Specific Plan area shall bear all costs of implementing the environmental performance standards.

Table XI-10-11.07-6 - Milpitas Commercial Specific Plan Environmental Performance Standards

(Ord. No. 315, § 2, 1/7/25; Ord. No. 301, § 20, 8/20/19; Ord. No. 38.799, § 2, 4/19/11)