The General Plan establishes a number of overlay designations for the City. These designations are to be used along with underlying land use designations, such as residential, commercial, mixed-use, and open space designations, also established in the General Plan. Overlay districts signify that an area or site has been identified to have distinct characteristics, requiring special development standards or guidelines beyond those for the underlying zoning designation. The General Plan details the goals, objectives and policies for areas with the overlay designations, which are meant to be used along with the goals, objectives and policies for the underlying zoning designation for an area. It is the purpose of this section to implement the General Plan's vision for the overlay districts through development regulations and guidelines specific to each overlay. The goals for each of the overlay districts are provided with a description of the district, in the following sections.

(Ord. 38.780 (19) (part), 8/19/08)

A.

Purpose and Intent. The purpose of the Gateway Office Overlay District ("-OO") is to provide for higher intensity, Class A office development at gateways to the City of Milpitas. Uses other than Class A offices, shall be permitted or shall require use permit approval as applicable for the underlying zoning district.

B.

Applicability. The "-OO" overlay may be combined with the "C2" or the "CO" districts. However, if any of the regulations specified in the "-OO" overlay district differ from any corresponding regulations of any district with which the "-OO" District is combined, then the provisions of the "-OO" overlay district shall govern.

C.

Permitted and Conditionally Permitted Uses. Permitted and conditional uses within the -OO overlay are the same uses as those allowed within the underlying base zones.

D.

Development Standards. The following standards apply on to Class A offices: all other permitted or conditional uses shall conform to the development standards of the underlying zoning district.

1.

Building Height.

a.

Buildings shall not exceed six (6) stories and eighty-five (85) feet in height.

b.

A Conditional Use Permit may be approved by the Planning Commission for buildings that exceed this standard up to a total height of eight (8) stories and one hundred fifteen (115) feet in height for exceptional architecture and aesthetic merit. Refer to Section XI-10-57.04(C)(2)(b), Conditional Use Permits, of this chapter.

2.

Floor Area Ratio. The maximum Floor Area Ratio (FAR) is one hundred fifty percent (150% or 1.5).

3.

Front and Street Side Setbacks.

a.

The maximum front and street side setback shall be ten (10) feet from back of sidewalk. There is no minimum building setback.

b.

Where a public easement prevents a building from being located in at its required maximum setback, the building shall be located as close to the back of said easement as is possible.

c.

The building shall be parallel to the street and its main entrance shall face the street.

4.

Off-Street Parking Requirements. For Class A office buildings there shall be at least three and three tenths (3.3) parking stalls per one thousand (1,000) square feet of gross floor area (1 parking space per 303 square feet).

5.

Landscape and Open Space.

a.

Each Class A office building within the "-OO" overlay district shall provide an outdoor open space or plaza that is designed in accordance with the Guidelines set forth in the Midtown Specific Plan.

b.

An area no less than ten percent (10%) of the Class A office site area shall be developed as usable open space. This can include plazas, courtyards, pedestrian promenades, balconies, roof decks, and landscaped open space.

E.

Additional Development Requirements. Development within the "-OO" overlay district must incorporate the following measures to ensure an attractive, landmark quality entry image to Milpitas, and encourage the use of alternative modes of transportation.

1.

Adherence to the design guidelines of the Midtown Specific Plan (if located within said plan), which provide for an attractive street presence of the building, stepped buildings to orient the building mass to the main street frontage.

2.

Participation in the Valley Transportation Agency's EcoPass or similar programs that support mass transit.

3.

Initiation or participation in a transportation management program.

4.

Provision of secure and weather protected bicycle parking and showers for employees.

F.

Exception to Standards.

1.

Exceptions to all but the floor area ratio standards may be approved by the Planning Commission through approval of a Conditional Use Permit in accordance with the requirements of Section XI-10-57.04, Conditional Use Permits, of this chapter.

2.

In addition to the required findings under Section XI-10-57.04(F), Required Findings, of this chapter, the Planning Commission must be able to make the following two additional findings for such exceptions:

a.

The exceptions meet the design intent identified within the Specific Plan and do not detract from the overall architectural, landscaping and site planning integrity of the proposed development.

b.

The exceptions allow for a public benefit not otherwise obtainable through the strict application of the specified standard.

(Ord. 38.780 (19) (part), 8/19/08)

A.

Purpose and Intent. The High-rise Overlay District (-HR) is intended to be a special district to allow greater building height and density at strategic locations to frame major City gateways and provide unique housing, shopping and employment opportunities.

The purposes of the High-rise Overlay District (-HR) are to:

1.

Provide development standards for taller, high rise buildings at appropriate locations that act to promote and support compact, pedestrian-oriented high density mixed-use land uses including diverse employment, dynamic retail and urban residential that serve as a gateway to the City of Milpitas;

2.

Encourage the synergy and integration between vertical mixes of uses;

3.

Create a place that represents a unique, attractive destination for residents and visitors; and

4.

Enhance the community's character through the promotion of high-quality urban design.

B.

Applicability. The HR Overlay can be combined with any zoning district and applied to infill projects that are located along freeways and expressways.

C.

Permitted, Accessory and Conditionally Permitted Uses. Permitted and conditional uses within the HR Overlay are the same uses as those allowed within the underlying base zones except as noted below.

D.

Development Standards. The development standards for the underlying base zoning district shall apply, except any deviations noted below:

1.

Dwelling Units Per Acre (min-max): 60-150 per gross acre.

(Ord. 38.782 (2), 12/16/08)

A.

Purpose and Intent. The purpose of the Mobile Home Park Overlay District is to promote the expansion and diversification of the available housing opportunities within the City of Milpitas by the establishment of standards for the creation of planned mobile home parks.

These provisions will further encourage the creations of stable, attractive residential environments within the individual mobile home parks themselves and provide for a desirable transition to the surrounding conventional residential area.

B.

Applicability. The following regulations shall apply in the "R1-6," "R2," "R3-20," and "HS," which may be combined with the MHP overlay district in addition to the regulations of the underlying zoning district, provided, however, that if any of the regulations specified in this Section differ from any corresponding regulations specified in this Chapter for the underlying District which is combined with an "MHP" overlay district, then the provisions of this Section shall govern.

C.

Principal Permitted Uses. The following are the principal permitted uses in the "MHP" overlay district:

1.

Mobile Home Parks for single-family dwelling uses.

2.

Common recreational facilities and structures.

3.

Administrative offices for Mobile Home Park use.

4.

Residential quarters for use by manager or other Park employees.

5.

Accessory uses normally incidental to a mobile home park, such as but not limited to coin-operated laundry and car washing facilities which are accessible only through the internal park circulation system.

D.

Conditionally Permitted Uses. The following uses and facilities may also be permitted if a Conditional Use Permit is granted by the Planning Commission provided they are found to be subordinate to the primary mobile home residential function and which are provided for the exclusive use and convenience of residents, residents' family, and guests of the park:

1.

Mobile home and mobile home accessory equipment sales provided such area has direct access from a public street and not through the internal street system of the park.

2.

Personal service establishments such as but not limited to beauty parlors and barbershops.

3.

Other uses which are in accord with the intent of this Section.

E.

Development Standards.

1.

Site Location Criteria. Mobile Home Parks must be located abutting a major street so as to provide for direct access to and from said major street. "Major Street" shall mean a public street having a minimum of four (4) moving lanes in addition to area on both sides to accommodate on-street parking or six (6) moving lanes regardless of allowance for on-street parking.

2.

Yard Area and Dwelling Unit Density Requirements. The following minimum requirements shall be observed except where increased for Conditional Uses:

a.

Park Area. Mobile Home Park sites shall not be less than twenty-five (25) contiguous gross acres.

b.

Mobile Home Park Dwelling Unit Density Per Gross Acre. Areas zoned single-family residential 6000 square feet per dwelling unit ("R1-6") or two-family residential ("R2") shall not exceed six (6) mobile home dwelling units per gross acre. Areas zoned multiple-family residential 2000 square feet per dwelling unit ("R3-20") shall not exceed seven (7) mobile home dwelling units per gross acre. Areas zoned Highway Service ("HS") shall not exceed seven (7) mobile home dwelling units per gross acre.

Provided, however, that all of the above-listed mobile home dwelling units densities may be increased up to a maximum of one (1) additional dwelling unit per gross acre upon the finding by the Planning Commission that the proposed development will consist of a superior functional and aesthetic design which exceeds all or a portion of those standards contained within the adopted Development Standards No. 2—Mobile Home Parks.

c.

Building Setbacks from Parcel Boundaries.

i.

Abutting a public street thirty-five (35) feet.

ii.

Where the rear or side of an "MHP" zone abuts a residential district, there shall be a rear or side yard or both of twenty-five (25) feet.

iii.

Abutting all other zoning districts—fifteen (15) feet.

iv.

Mobile Home Individual Yard Regulations. Minimum yard requirements around individual mobile homes, accessory buildings, carports and awnings shall be determined by California Administrative Code, Title 25, Chapter 5. The Commission or Council may vary this requirement to accommodate innovative design arrangements (see General Development Policy: Mobile Home Parks).

d.

Height Regulation. No recreational and administrative building approved as a part of the mobile home park shall exceed those height regulations pertaining to the base District with which the "MHP" is combined.

3.

Landscaping and Open Space Requirements.

a.

A minimum of twenty-five (25) percent of the total park area (not including vehicular accessways and other nonrecreational areas plus permanent buildings) shall be landscaped for recreational open space and this shall be shown on the Site Plan in detail for Planning Commission approval.

b.

A community recreation center which possesses a floor area of twenty-five (25) square feet per mobile home unit but in no case less than a minimum of three thousand seven hundred fifty (3,750) square feet shall be provided and be centrally located within the Park. Space devoted to administrative offices, laundry or other nonrecreational uses which may be developed in conjunction with the community center shall be in addition to the above minimum recreational floor space.

c.

Whenever an entire park or portion of a park is proposed to be used as "family" occupancy the park must provide, subject to Planning Commission approval, additional play areas for children that are of a convenient size and separated from adult recreation areas.

d.

Each unit shall be provided with a contiguous and permanently surfaced patio area exclusive of the mobile home pad of not less than two hundred (200) square feet.

e.

Each mobile home shall be maintained weed free.

4.

Automobile Parking and Circulation.

a.

The main access to a Mobile Home Park shall be from an abutting major or collector street. (See Site Location Criteria for definition).

b.

The main entrance of a Mobile Home Park shall consist of two (2) ten-foot travel lanes for ingress and an additional two lanes for egress, separated by a landscaped median, a minimum of ten (10) feet in width and one hundred (100) feet in length.

c.

An illuminated directory map shall be provided at all entrances out of the main travel way to the Park in such a manner as to be read by the driver of an entering vehicle without leaving his vehicle. Size and location shall be approved by the Planning Commission.

d.

Additional access points may be allowed after review of specific location by the Planning Commission subject to minimum driveway width of thirty (30) feet at the property line.

e.

All private roadways within the Park shall provide for twenty-five (25) feet in travel lane width and an additional ten (10) feet for each parking lane located along said roadway.

f.

All private roadways shall be structurally designed for a minimum traffic index of five (5) and shall include concrete curbs and gutters.

g.

Residential off-street parking shall be provided at a minimum ratio of two and one-half (2.50) spaces per dwelling unit. One space shall be contiguous to the individual mobile home site and the additional space may be grouped into a centralized parking area if located within one hundred fifty (150) feet of the dwelling unit to be served.

The remaining portion of the parking requirement is for boats, campers, travel trailers, Park maintenance equipment and similar large items providing for centralized areas to accommodate their storage.

The location of said areas shall be to the approval of the Planning Commission through a Site Development Permit, in accordance with Section XI-10-57.03, Site Development Permits and Minor Site Development Permits.

h.

A parking space shall be a minimum of nine (9) feet in width.

i.

Parking contiguous to the mobile home site shall be so designed as to assure that a parked automobile will not encroach into an access street and in no case be closer than fifteen (15) feet from a pedestrian walkway.

j.

Parking contiguous to the community center will be provided at a ratio of one space for each fifteen (15) mobile home dwelling units within the Park in addition to the above.

F.

Other Required Conditions. The following additional conditions shall apply in an "MHP" overlay district:

1.

All permitted and conditional uses proposed shall be required to submit Site and Exterior Architectural Plans to be reviewed for approval in conjunction with Planning Commission consideration of zone change application for "MHP" Overlay District.

2.

Site and architectural approval shall be subject to consideration of those policies contained in General Policy—Mobile Home Parks.

3.

Mobile home park development within the City shall comply with applicable provisions of the California Health and Safety Code, relating to the maintenance, use and occupancy of mobile homes and the construction and operation of mobile home parks, as well as the regulations set forth in Title 25, Chapter 5 of the California Administrative Code except when provisions of this Title call for more restrictive regulations.

4.

The park operator shall be responsible for the maintenance of all park and lot landscaping.

5.

Plants, shrubs and trees which die or otherwise become deteriorated shall be replaced with units of equivalent size to the then existing vegetation.

6.

Approval of each Mobile Home Park overlay district zone change is subject to the owner entering into a Maintenance Agreement to the approval of the City Attorney prior to issuance of any City permit.

7.

Each mobile home park operator shall notify the Building department at least 48 hours prior to hauling to or storage on or placement of a mobile home on a lot in a mobile home park for the purpose of enabling the Building Department to assure compliance with Section 18404 of the California Health and Safety Code.

(Ord. 38.780 (19) (part), 8/19/08)

A.

Purpose and Intent. Site and Architectural (-S) Overlay District is intended to be a distinct district that promotes orderly, attractive and harmonious development; recognize environmental limitations on development; stabilize land values and investments; and promote the general welfare by preventing or disallowing establishment of uses or erection of structures having qualities which would not meet the specific intent clauses or performance standards of this Chapter or which are not properly related to their sites, surroundings, traffic circulation, or their environmental setting. Where the use proposed, the adjacent land uses, environmental significance or limitations, topography, or traffic circulation is found to so require, the Planning Commission may establish more stringent regulations than those otherwise specified for the District.

B.

Applicability. The provisions in this section apply to development within the -S Overlay District. These provisions do not apply to any property within the R1-6, R1-8, and R1-10 districts.

1.

Permitted and Conditionally Permitted Uses. Permitted and conditional uses within the (-S) Overlay are the same uses as those allowed within the underlying zoning districts.

C.

Development Review for the Site and Architectural (-S) Overlay District. Development in areas designated by -S are subject to Site Development Permits or Minor Site Development Permits, in accordance with Section XI-10-57.03, Site Development Permits and Minor Site Development Permits, of this chapter. Depending on the scale of development proposed, other Discretionary Permits may be required, as well. Please refer to Section XI-10-57, Applications, of this Chapter, for the requirements for other Discretionary Permits.

(Ord. 38.780 (19) (part), 8/19/08)

A.

Purpose and Intent. The purpose of the Transit Oriented Development Overlay District ("TOD") is to provide for land uses, land use densities and intensities and development standards that act to enhance and support transit and to locate such uses near rail transit stations. These provisions allow for a mix of goods and services within a convenient walk of the transit stations, encourage the creation of stable, attractive residential, commercial and industrial environments within the District and provide for a desirable transition to the surrounding conventional areas.

B.

Applicability. The "-TOD" overlay can be combined with any zoning district on lands that are generally within a 2,000 foot walk from a rail transit station. If any of the regulations specified in the "-TOD" overlay district differ from any corresponding regulations of any district with the "-TOD" Overlay district is combined, then the provisions of the "-TOD" Overlay district shall govern.

C.

Permitted, Accessory and Conditionally Permitted Uses. Permitted and conditional uses within the -TOD Overlay are the same uses as those allowed within the underlying base zones except as noted below. Refer to the use tables for Residential and Mixed Use Zones, within this chapter.

1.

Accessory Uses in R3-TOD/R4-TOD/R5-TOD Zones.

a.

Retail stores, offices, and commercial service establishments as defined in Section XI-10-2.03, Definitions, provided they are:

i.

On the ground floor level;

ii.

Located on or within three hundred (300) feet of arterials or collectors including Great Mall Parkway, Montague Expressway, Milpitas Boulevard, Trade Zone Boulevard, and Piper Drive;

iii.

Less than or equal to ten thousand (10,000) square feet in gross floor areas;

iv.

Not open past 10:00 p.m.;

v.

Conducted wholly within a building, except for approved outdoor seating areas;

vi.

Not Adult Businesses as defined in Section XI-10-13.04, Adult Businesses, of this chapter;

vii.

Not specifically noted in Section XI-10-6.04, Mixed Use Zone General Development Standards, of this chapter, as requiring Conditional Use Permit approval; and

viii.

Not specifically noted in Section XI-10-6.04, Mixed Use Zone General Development Standards, of this chapter, as a use not permitted in a mixed-use district.

If items a through d are not met, then approval of a Conditional Use Permit is required in accordance with Section XI-10-57.04, of this chapter.

b.

Restaurants, or restaurants which include internet usage for customers, provided they:

i.

Are located on or within three hundred (300) feet of arterials or collectors including Great Mall Parkway, Montague Expressway, Milpitas Boulevard, Trade Zone Boulevard, and Piper Drive;

ii.

Are located on the ground floor;

iii.

Provide no dancing or live entertainment;

iv.

Have only ancillary on-premise consumption of beer and wine associated with food sales;

v.

Conform to the performance standards as listed in Subsection XI-10-6.02-5, Restaurant Uses within Mixed Use Zones, of this chapter.

If items a through d are not met, then approval of a Conditional Use Permit is required in accordance with Section XI-10-57.04, Conditional Use Permits, of this chapter.

c.

Other accessory uses and accessory buildings customarily appurtenant to a permitted use, as provided for in Section XI-10-54.08, Accessory Buildings and Structures, of this chapter.

2.

Conditionally Permitted Uses. The following require the approval of a Conditional Use Permit in accordance with Section XI-10-57.04, Conditional Use Permits, of this chapter.

a.

Retail stores, offices and commercial service establishments, as defined in Section XI-10-2.03, Definitions, of this chapter, which do not meet the criteria in Section XI-10-12.06(C)(1)(a), Accessory Uses in R3-TOD/R4-TOD/R5-TOD Zones, of this section.

b.

Restaurants, or restaurants which include internet usage for customers, which do not meet the criteria in Section XI-10-12.06(C)(1)(b) Accessory Uses in R3-TOD/R4-TOD/R5-TOD Zones, of this chapter.

c.

The following uses may be allowed on the ground floor of a mixed use or residential building if a Conditional Use Permit is granted by the Planning Commission:

i.

Transit stations and parking.

ii.

Small-scale commercial uses to serve residents and local pedestrian traffic and to transit users, such as dry cleaners, video rentals, day care centers and cafes.

D.

Prohibited Uses.

1.

Vehicle oriented window service facilities, including drive-up or drive-in services.

2.

Adult Businesses, as defined in Section XI-10-13.04, Adult Businesses, of this chapter.

E.

Development Standards. The development standards for the underlying base zoning district shall apply, except any deviations noted below:

1.

MXD-TOD Areas.

a.

Residential developments shall be a minimum of thirty-one (31) dwelling units per gross acre and shall not exceed forty (40) dwelling units per gross acre. The minimum number of residential units may be reduced for parcels that are less than twenty thousand (20,000) square feet.

b.

Residential building height shall not exceed four (4) stories and sixty (60) feet, including special architectural elements such as towers and spires.

c.

The maximum FAR for nonresidential buildings in the "MXD" District is one hundred percent (100% or 1.0).

2.

MXD2-TOD Areas.

a.

Residential developments shall be a minimum of thirty-one (31) dwelling units per gross acre and shall not exceed fifty (50) dwelling units per gross acre. The minimum number of residential units may be reduced for parcels that are less than twenty thousand (20,000) square feet.

b.

Childcare Centers.

i.

Childcare centers are exempt from the FAR limits.

ii.

Square footage dedicated to childcare centers may be counted towards the commercial space requirement.

3.

MXD3-TOD Areas.

a.

Residential developments shall be a minimum of forty-one (41) dwelling units per gross acre and shall not exceed seventy-five (75) dwelling units per gross acre. The minimum number of residential units may be reduced for parcels that are less than twenty thousand (20,000) square feet.

b.

Building Height. Greater height up to twenty-four (24) stories may be allowed with Planning Commission review.

c.

Childcare Centers.

i.

Childcare centers are exempt from the FAR limits.

ii.

Square footage dedicated to childcare centers may be counted towards the commercial space requirement.

4.

R3-TOD Areas.

a.

Building Height. Residential building height shall not exceed four (4) stories and sixty (60) feet.

b.

Residential Density. Residential density shall be a minimum of twenty-one (21) dwelling units per gross acre and shall not exceed forty (40) dwelling units per gross acre.

c.

Nonresidential Intensity. Ground floor retail, restaurant, and commercial service uses are permitted up to a maximum Floor Area Ratio of thirty percent (0.30 or 30%).

d.

Front and Street Side Setbacks.

i.

There shall be a minimum setback of eight (8) feet and a maximum building setback of fifteen (15) feet from the property line.

iii.

Where a public easement prevents a building from being located at its required minimum or maximum setback lines, the building shall be located as close to the back of said easement as possible.

5.

R4-TOD Areas.

a.

Building Height. Residential building height shall not exceed six (6) stories and seventy-five (75) feet.

b.

Residential Density. Residential developments shall be a minimum of forty-one (41) dwelling units per gross acre and shall not exceed sixty (60) dwellings units per gross acre.

c.

Nonresidential Intensity. Ground floor retail, restaurant, and commercial service uses are permitted up to a maximum Floor Area Ratio of fifty percent (0.50 or 50%).

d.

Front and Street Side Setbacks.

i.

There shall be a minimum setback of twelve (12) feet and a maximum building setback of twenty (20) feet from the property line.

iii.

Where a public easement prevents a building from being located at its required minimum or maximum setback lines, the building shall be located as close to the back of said easement as possible.

6.

R5-TOD Areas.

a.

Residential developments shall be a minimum of forty-one (41) dwelling units per gross acre and shall not exceed seventy-five (75) dwelling units per gross acre.

b.

Ground floor retail, restaurant, and commercial service uses are permitted, up to a maximum Floor Area Ratio of fifty percent (50% or 0.50).

c.

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

i.

Ground Floor Commercial Depth. Ground floor commercial tenant spaces shall be at least sixty (60) feet deep. Exceptions may be allowed for small tenant spaces less than two thousand five hundred (2,500) square feet.

ii.

Floor to Ceiling Height.

1.

Retail: minimum eighteen (18) feet.

2.

Office: minimum fifteen (15) feet.

iii.

Windows. At least sixty (60) percent of the ground floor wall area between three (3) and eight (8) feet above the sidewalk shall be glass or other transparent material.

iv.

Blank Walls. No more than thirty (30) percent of the linear frontage per street may be blank. No more than twenty-five (25) contiguous feet in length may be blank.

v.

Building Entrances. There shall be at least one entrance per one hundred (100) feet of building frontage.

vi.

Exterior Materials. All ground floor exterior materials shall be durable, quality materials, such as tile, stone, brick or glass.

vii.

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

viii.

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

7.

C2-TOD Areas.

a.

Floor Area Ratio. The maximum FAR in the "C2-TOD" District is one hundred percent (100%, or 1.0).

8.

"MP-TOD" Areas.

a.

Side Yard Setbacks.

i.

Minimum ten (10) feet.

ii.

Minimum thirty-five (35) feet when abutting residential uses.

b.

Rear Yard Setbacks.

i.

Minimum twenty (20) feet.

ii.

Minimum one hundred (100) feet when abutting residential uses.

10.

I-TOD Areas.

a.

Floor Area Ratio. There will be no maximum FAR in the "I-TOD" district.

F.

Off-Street Parking and Bicycle Parking.

1.

Off-Street Parking. Total off-street parking required in the Parking Schedule (refer to Section XI-10-53.23) and elsewhere in this Chapter may be reduced up to twenty percent (20%) for all "-TOD" overlay districts.

2.

Development projects in the Transit Area Specific Plan area shall have maximum off-street parking requirements which are equal to the minimum off-street parking requirements of the base zoning district. Refer to the Parking Schedule in Section XI-10-53.23.

3.

For locations within the Transit Area Specific Plan, preferential parking for carpools shall be one percent of the total amount of parking spaces required and appropriately signed.

Table XI-10-12.06
Number of Parking Spaces Required for MXD-TOD Zones

G.

Bicycle Parking.

1.

Long-term bicycle parking shall be one space per every four housing units.

2.

Short-term bicycle parking shall be one space per every 20 parking spaces required.

H.

Landscape and Open Space Requirements for Residential Uses.

1.

When combined with "-TOD" there shall be no minimum on-site open space requirements other than those specified in the base zoning district; however, adequate open space shall be provided to the approval of the Planning Commission through the Site Development Permit process.

2.

All residential projects within the Transit Area Specific Plan area shall provide park land at a ratio of three and one-half (3.5) acres per one thousand (1,000) population.

a.

Two (2) of the required three and one-half (3.5) acres must be satisfied by either dedication of land to the City for public parks and open space, or payment of an in-lieu fee, as set forth in Section XI-1-9 (Park Dedication) of the Milpitas Subdivision Ordinance (Title XI, Chapter 1). Land dedication is required if a park is shown on a property on Figure 3-8 of the Transit Area Specific Plan.

b.

Up to one and one-half (1.5) of each three and one-half (3.5) total park acres required (43%) may be satisfied by the provision of private recreational areas. Private open space cannot be shared between separate developments.

I.

Additional Development Requirements.

1.

All developments within the "-TOD" Combining District shall, through the Site Development Permit review process, incorporate measures that would encourage the use of transit, foot and bicycles, including, but not limited to:

a.

Retail shops and services that residents and employees use on a frequent basis, such as restaurants, cafes, exercise facilities, dry cleaners, day care, video rental and automated teller machines.

b.

Participation in the Valley Transportation Agency's EcoPass or similar programs that support mass transit.

c.

Provision of bicycle facilities and showers in new office and employment uses larger than 50,000 square feet only.

2.

For locations within a Specific Plan, all improvements shall conform to the Midtown Specific Plan, including the Design Guidelines and Standards set forth in Chapter 8, or the Transit Area Specific Plan, including Design Guidelines and Standards set forth in Chapter 5.

J.

Exceptions to Standards.

1.

Exceptions to all but the density and floor area ratio standards may be approved by the Planning Commission through approval of a Conditional Use Permit in accordance with the requirements of Section XI-10-57.04, Conditional Use Permits, of this Chapter.

2.

In addition to the required findings under Section XI-10-57.04(F), Required Findings, of this chapter, the Planning Commission must be able to make the following three additional findings for such exceptions:

a.

The exceptions meet the design intent identified within the Zoning District and/or Specific Plan and do not detract from the overall architectural, landscaping and site planning integrity of the proposed development.

b.

The exceptions allow for a public benefit not otherwise obtainable through the strict application of the specified standard.

c.

The project design in its totality does not adversely impact adjoining properties to a greater degree than a project that complies with all development standards. (Impacts to be considered include: access to sunlight, views, shadows on parks and open space, privacy, and noise.)

K.

Conformance with Specific Plans.

1.

Midtown Specific Plan.

a.

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 or more of the following occurs:

i.

Whenever a new building is constructed, regardless of size;

ii.

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

iii.

Whenever an existing building is increased in gross floor area by 10% of the existing gross floor area or is enlarged by 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 (i) through (iii) above, such improvements shall be designed to conform to the Midtown policies, guidelines and standards applicable to the improvements, without requiring additional Midtown-related improvements to be imposed.

b.

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.

2.

Transit Area Specific Plan.

a.

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 or more of the following occurs:

i.

Whenever a new building is constructed, regardless of size;

ii.

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

iii.

Whenever an existing building is increased in gross floor area by 10% of the existing gross floor area or is enlarged by 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 (i) through (iii) 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.

b.

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.

c.

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. 38.781 (1), 12/16/08; Ord. 38.780 (19) (part), 8/19/08)

A.

Purpose and Intent. The Recreation & Entertainment Overlay District (-RE) is intended to be a special district to allow a unique mixture of indoor and outdoor recreation and entertainment uses that attract patrons from the surrounding region.

The purposes of the Recreation & Entertainment Overlay District (-RE) are to:

1.

Create a district that will be an attractive destination that draws visitors to Milpitas.

2.

Encourage the interaction of a commercial and entertainment uses to enhance retail spending opportunities

3.

Diversify the City's economic base to protect the local economy from downturns in any one economic sector.

B.

Applicability. The RE Overlay is indented to be combined with commercial and industrial districts located west of Interstate 880.

C.

Use Regulations

a.

Permitted and Conditionally Permitted Uses.

i.

Primary uses. The uses identified in Table 12.07-1 shall be the primary uses allowed to occur on a property. The primary uses identified are either permitted (P), conditionally permitted (C), or not permitted (NP) in the underlying zoning districts.

b.

Accessory uses. The following accessory uses are allowed when incidental to the primary use:

i.

Cafeterias in industrial areas may be permitted when ancillary to a primary use and associated with business or industrial uses.

c.

Other Uses. Any other uses may be considered by the Planning Commission that are similar in accordance with the procedure prescribed in Subsection 10-54.02, Other Uses Permitted by Commission, of this Chapter.

D.

Development Standards. The development standards for the underlying base zoning district shall apply.

Table XI-10-12.07-1
Recreation & Entertainment Overlay District Uses

¹  Not including stand alone off-sale alcoholic beverage outlets (such as liquor stores).

²  Refer to the definition for "Commercial services" in Section XI-10-2, Definitions, of this Chapter.

³  Refer to Subsection XI-10-47.04(C)(9), Certain Industrial Uses within Commercial Districts, of this Chapter.

⁴  Assembling, packaging, or distribution from previously prepared materials, such as cloth, plastic, paper, leather, precious or semi-precious metals or stones, electric or electronic instruments and devices such as televisions, radios, and pharmaceutical products.

⁵  Refer to Subsection XI-10-57.03, Site Development Permits and Minor Site Development Permits, of this Chapter.

⁶  Entrances to the service bays shall not be open to the street, but shall be so designed to face the rear or interior side property line.

⁷  Within MP zones, rental and repair may be considered only when ancillary to new auto dealerships.

⁸  Entrances to the service bays shall not be open to the street, but shall be so designed to face the rear or interior side property line. Service stations shall follow the "General development policy: Gasoline service stations, and automotive service centers" adopted by the City Council on December 19, 1995.

⁹  Within MP zones, boat and camper sales are prohibited. Dealerships shall be on property at least three (3) acres or greater in area.

¹⁰  Refer to Section XI-10-13.11(D), Temporary Seasonal Sales, of this Chapter.

¹¹  Massage establishments are subject to Title III, Chapter 6 of the Milpitas Municipal Code and Subsection XI-10-13.16 of this title. Refer to Subsection XI-10-13.16, of this Title, for special provisions for massage establishments.

(Ord. No. 38.839, § 9, 12/3/19; Ord. No. 38.813, § 2, 4/1/14; Ord. No. 38.795, § 30, 4/6/10)

A.

Purpose and Intent. The purpose of the Freeway Corridor Overlay (-FC) is to establish a process to consider an increase in the maximum permitted Floor Area Ratio to accommodate new and infill developments along the freeway corridor.

B.

Applicability. The (-FC) overlay may be combined with any non-residential zoned property within 300 feet of Interstate 680, Interstate 880, and State Route 237. Increase in the maximum permitted Floor Area Ratio pursuant to this Section shall require an application for the applicable discretionary permit(s) in accordance to this Chapter and completion of all required environmental analysis and documents for City review and consideration.

C.

Permitted, Accessory, and Conditionally Permitted Uses. Permitted and conditionally permitted uses within the (-FC) overlay are the same as those allowed within the underlying base zone.

D.

Development Standards. The development standards for the underlying base zoning district shall apply, except any exceptions noted below:

1.

Increase of up to twenty percent (20%) above the maximum permitted Floor Area Ratio authorized in the General Plan and this Chapter may be allowed with approval of the applicable discretionary permit provided the new or infill development meets all of the requirements of this Chapter. For example, if the General Plan and Zoning Ordinance authorize a maximum permitted Floor Area Ratio of 0.50, eligible properties within the Freeway Corridor Overlay District may submit a development application requesting an increase in floor area ratio of up to 0.60, which is a twenty percent (20%) increase from the maximum permitted Floor Area Ratio in the General Plan and Zoning Ordinance.

2.

This overlay may not be combined with any other overlay districts or any other process permitted under this Chapter allowing additional Floor Area Ratio.

(Ord. No. 38.812, § 4, 2/18/14)