These provisions are intended to prescribe the procedures for filing and processing specific applications when required or permitted by this chapter.

(Ord. No. 38.803, § 9, 4/17/12; Ord. 38.780 (26) (part), 8/19/08)

A.

Purpose and Intent. The purpose of this section is the establishment of procedures for amending the General Plan, Specific Plans and Zoning Ordinance.

1.

This section provides a method for amending the General Plan, as it may become necessary, or desirable from time to time, or as required by State law. It is intended that this section be consistent and in compliance with Section 65350 et seq. of the Government Code.

2.

This section provides a method for the adoption of specific plans. In addition, it is the purpose of this section to provide a method for amending specific plans to ensure their continued effectiveness and responsiveness to community concerns and market demands over time. It is intended that the provisions of this section shall be consistent with Section 65450 et seq. of the Government Code.

3.

Amendments to the Zoning Ordinance are necessary to maintain its effectiveness as a regulatory and informational document and to ensure its consistency with the General Plan, adopted specific plans and State law. Zoning amendments are also necessary to provide for the implementation of the City's General Plan.

B.

Authority. The City Council is the final authority on General Plan, Specific Plan and, Zoning amendments, including amendments to the Zoning Map. The Planning Commission shall provide recommendations to the City Council regarding zoning amendments.

Amendments to zone boundaries or text of this title that are not consistent with the General Plan must be accompanied by a General Plan amendment application.

C.

Applicability. A General Plan, Specific Plan and/or Zoning Amendment may be initiated for the following:

1.

In accordance with the provisions of the Government Code of the State of California, any amendment to this Chapter which changes any property from one zone to another or imposes any regulation or removes of modifies any regulation relating to land, buildings, structures, signs, billboards, lots, yards, courts, and open spaces, off-street parking and loading, building setback lines or civic districts or which prezones unincorporated land.

2.

Any other amendment to this Chapter, General Plan or Specific Plan may be adopted by the City Council as other ordinances are adopted.

3.

Nothing contained in this Chapter, however, shall be construed to be a limitation on the power of the City Council to adopt an interim zoning ordinance as an urgency measure in accordance with the procedures and relating to the subject matter set forth in the Government Code of the State of California. (Ord. 38.780 (26) (part), 8/19/08)

D.

Initiation of Amendments to the General Plan, a Specific Plan, Zoning Ordinance or Zoning Map.

An amendment to this Chapter under Subsection 57.02(C) may be initiated in any of the following ways:

1.

By a majority vote of the Planning Commission or the City Council.

2.

By a property owner who seeks to have his parcel rezoned.

3.

By the owners of fifty percent or more of the area of all the property sought to be rezoned.

E.

Submittal Requirements. Refer to the most recent submittal requirements required by the Planning Division.

F.

Review Procedures.

1.

Initiation by City Council or Planning Commission

a.

Any amendment initiated by the Planning Commission or City Council shall be first referred to the Planning Commission.

b.

The Planning Commission shall hold a public hearing on any said proposed amendment (whether initiated by Council or Planning Commission) after notice given in accordance with the provisions of Section 64, Development Review Process, of this Chapter.

c.

At the conclusion of the hearing, the Planning Commission shall make a recommendation to the City Council, including the reasons for its recommendation. A recommendation shall be made within forty days after the reference from the City Council on any said proposed amendment, unless the City Council consents to an extension of time. Failure of the Planning Commission to report to the City Council within forty days after the reference (unless the City Council shall have consented to an extension of time) shall be deemed to be an approval of the proposed amendment.

d.

On receipt of the Planning Commission recommendation, the City Council shall hold a public hearing thereon after notice (given in accordance with the provisions of Section 64, Development Review Process, of this Chapter).

i.

Provided, however, if the matter under consideration is an amendment to change property from one zone to another, and the Planning Commission has recommended against said amendment, the City Council shall not be required to hold a public hearing or take any further action unless an interested party shall request a hearing in writing filed (with the City Clerk) within ten days after the Planning Commission files its recommendation with the City Council. Such a written request for a hearing shall be in lieu of appeal rights provided for in Subsection 64.05, Appeals, of this Chapter.

e.

After the conclusion of the hearing, the City Council may approve, modify or disapprove the recommendation of the Planning Commission.

i.

Provided, however, that any modification of the proposed amendment by the City Council shall be referred back to the Planning Commission for a report and recommendation; the Planning Commission shall not hold a public hearing thereon unless requested to do so by the City Council. Failure of the Planning Commission to report to the Council within forty days after the reference shall be deemed to be an approval of the proposed modification.

2.

Initiation by property owner.

a.

The Planning Commission shall hold a public hearing on any said proposed amendment (whether initiated by Council or Planning Commission) after notice given in accordance with the provisions of Section 64, Development Review Process, of this Chapter.

b.

At the conclusion of the hearing, the Planning Commission shall make a recommendation to the City Council, including the reasons for its recommendation.

c.

On receipt of the Planning Commission recommendation, the City Council shall hold a public hearing thereon after notice (given in accordance with the provisions of Section 64, Development Review Process, of this Chapter).

G.

Required Findings.

1.

Prior to the approval of a General Plan amendment, all of the following findings shall be made:

a.

The proposed amendment is internally consistent with those portions of the General Plan which are not being amended.

b.

The proposed amendment will not adversely affect the public health, safety, and welfare.

2.

Prior to the approval of a new specific plan or a specific plan amendment, the following findings shall be made:

a.

The proposed specific plan or specific plan amendment is consistent with the goals, objectives, policies, and programs of the General Plan, and is necessary and desirable to implement the provisions of the General Plan.

b.

The uses proposed in the specific plan or specific plan amendment are compatible with adjacent uses and properties.

c.

The proposed specific plan or specific plan amendment will not adversely affect the public health, safety and welfare.

In the case of a specific plan amendment, the following additional finding shall be made prior to its adoption:

d.

The proposed specific plan amendment will not create internal inconsistencies within the specific plan.

3.

Prior to approval of a zoning amendment or amendment to the zoning maps, the following findings shall be made:

a.

The proposed amendment is consistent with the General Plan.

b.

The proposed amendment will not adversely affect the public health, safety and welfare.

In the case of a zoning amendment or amendment to the zoning maps for a Planned Development Zoning District, the following additional findings shall be made prior to its adoption:

c.

The proposed zoning amendment will provide a significant public benefit to the community.

d.

Existing and proposed utility services are adequate to serve the proposed Planned Development Zoning District.

e.

The proposed development will be in character to the surrounding neighborhood and/or adjacent lands and will have no adverse effects upon the adjacent or surrounding properties, such as shadows, view obstruction, or loss of privacy that cannot be mitigated to acceptable levels.

H.

Approval Runs with the Land. The approval of a General Plan, Specific Plan and/or Zoning amendment shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

I.

Expiration of Application and Time Extension. If an ordinance proposing to change the zoning of certain land (by amendment to the Zoning Ordinance of the City of Milpitas) is not adopted (by a second reading) within 12 months of the date of its introduction (by first reading), then the application giving rise to said ordinance shall be deemed to have expired (without notice to the applicant) and the unadopted ordinance shall not then be capable of adoption by second reading. Provided, however:

1.

Upon recommendation of the Planning Commission, the City Council may grant an extension of time for second reading and adoption not to exceed 12 months subject to the following requirements:

a.

no more than one such extension may be granted, and

b.

the extension must be granted by the Council within 12 months of the date of introduction of the ordinance, and

c.

new conditions may be imposed upon the zone change.

2.

Nothing herein contained shall be construed to prevent a subsequent application for a change of zone of the same land or the subsequent introduction of a new ordinance changing the zone of said land.

(Ord. No. 38.814, § 3, 4/15/14; Ord. No. 38.803, § 9, 4/17/12; Ord. 38.780(26) (part), 8/19/08)

A.

Purpose and Intent. Development in areas designated by the Site and Architectural Overlay District (-S) or other development that is otherwise specified in this Chapter as requiring review is subject to either Site Development Permits or Minor Site Development Permits. The (-S) Overlay District is described in Subsection XI-10-12.05, Site and Architectural Overlay District, of this Chapter. Signs are discussed in Section XI-10-24, Signs, of this Chapter. Depending on the scale of development proposed, other review may be required, as well. The purpose of architectural review shall vary, according to the following criteria:

1.

Site Development Permits. The Site Development Permit process provides for the review of physical improvements to a site which due to their scale, proximity to environmentally sensitive resource areas, or unique design features, require consideration. The Site Development Permit process is intended to encourage site and structural development which 1) respects the physical and environmental characteristics of the site, 2) ensures safe and convenient access and circulation for pedestrians and vehicles, 3) exemplifies the best professional design practices, 4) encourages individual identity for specific uses and structures, 5) encourages a distinct community or neighborhood identity, and 6) minimizes visual impacts.

2.

Minor Site Development Permits. The Minor Site Development Permit process provides for the streamlined review of certain minor classes of development projects which are large enough to require consideration, but due to their scale, nature or location do not require consideration by the Planning Commission.

B.

Authority.

1.

Site Development Permits.

a.

Review by Zoning Administrator. The Zoning Administrator has the authority to review Site Development Permits, subject to the concurrent review and appeal provisions of Section XI-10-64.04-1, Consideration of Concurrent Applications, and Section XI-10-64.05, Appeals, of this Chapter.

b.

Review by City Council. In addition to the provisions of Section XI-10-64.04-1, Consideration of Concurrent Applications, and Section XI-10-64.05, Appeals, of this Chapter, the City Council has the authority to review the following projects:

i.

Projects within the Hillside (-H) Overlay District, in accordance with Section XI-10-45, "H" Hillside Combining Districts, of this Chapter.

ii.

Any off site advertising structures adjacent to interstate freeway and state highways, and off site advertising directional signs, in accordance with Section XI-10-24.05(G) and (H), of this Chapter.

2.

Minor Site Development Permits. Either Planning staff or Zoning Administrator has the authority to review Minor Site Development Permits, subject to the concurrent review and appeal provisions listed above [Section XI-10-57.07(B)(1)] and Section XI-10-57.07(C)(2), Applicability, or when another section of this Title requires such review. When the Zoning Administrator determines that it is in the public interest for the Minor Site Development Permit application to be considered by the Planning Commission, the Zoning Administrator shall forward the application to the Planning Commission for review in the same manner as Site Development Permits, as described in subsection XI-10-57.03(E)(1), Review Procedures, Site Development Permits, below. No public hearing is necessary for a Minor Site Development Permit when heard by the Zoning Administrator.

C.

Applicability.

1.

Site Development Permits. A Site Development Permit is required for:

a.

New main buildings.

b.

New accessory buildings over 2,500 square feet.

c.

New parking lots.

d.

Roof top equipment which exceeds the height of existing roof screens, if line-of-sight drawings demonstrate that the equipment will be visible from surrounding "worst case" view points from on-site parking areas, adjacent public streets and adjacent residentially zoned property.

e.

Additions or alterations to multi-family residential, nonresidential and mixed-use buildings that include:

i.

Additions of 10,000 square feet or greater for non-residential and mixed-use buildings.

ii.

Additions of 5,000 square feet or greater or ten percent (10%) of the existing building gross floor area, whichever is less, to non-residential and mixed use buildings adjacent to residential or (-MHP) Overlay Districts or uses.

iii.

Additions 200 square feet or greater for multi-family residential buildings.

f.

Any deletion or amendment of a previously imposed condition of approval for a Site Development Permit.

g.

Any building color changes to designated cultural resources. Refer to Chapter 4, Cultural Resources Preservation Program, of this Title.

h.

Certain signs, in accordance with Section XI-10-24.04, Signs Subject to Review, of this Chapter.

i.

Sign programs, in accordance with Section XI-10-24.05(F), Sign Programs, of this Chapter.

j.

Any Off-site Advertising Displays Adjacent to Interstate Highways and State Routes, in accordance with Section XI-10-24.05(G).

k.

Any Off-Site Directional Signs adjacent to roadways other than Interstate Highways and State Routes, in accordance with Section XI-10-24.05(I).

2.

Minor Site Development Permits.

a.

Review by Zoning Administrator:

i.

Any deletion or amendment of a previously imposed condition of approval for a Minor Site Development Permit approved by the Zoning Administrator.

ii.

Review for certain alterations or additions to residential, nonresidential and mixed-use sites/buildings, as indicated in Table XI-10-57.03-1, Additions or Alterations Requiring Minor Site Development Permits. Projects that exceed the threshold for planning staff review, as indicated in Table XI-10-57.03-1, Additions or Alterations Requiring Minor Site Development Permits.

b.

Review by Planning staff:

i.

Certain signs, in accordance with Section XI-10-24.04, Signs Subject to Review, of this Chapter.

c.

Review for certain alterations or additions to residential, nonresidential and mixed-use sites/buildings, as indicated in Table XI-10-57.03-1, Additions or Alterations Requiring Minor Site Development Permits. Please refer to Section XI-10-54, General Provisions, of this Chapter, for development standards and review procedures for types of projects not listed in Table XI-10-57.03-1.

d.

Planning Division staff may require review by the Zoning Administrator at their discretion.

Table XI-10-57.03-1
Additions or Alterations Requiring Minor Site Development Permits

D.

Submittal Requirements. No building permit shall be issued for a use, and no use of any parcel shall take place, in a district which is combined with the (-S) Overlay District unless those items listed below in have been submitted to and approved by the review authority or upon appeal to the City Council. Every application for Site Development Permit shall be in proper form and shall be accompanied by plans drawn to scale indicating clearly and with full dimensions the following information if applicable:

1.

Site plan — parcel dimensions in distance.

2.

Buildings and structures — their location, size, height, colors and materials.

3.

Dimensions of yards and open spaces between buildings.

4.

Fences and walls — their architectural design, location, height, colors and materials.

5.

Parking spaces — their location, number and dimensions.

6.

Access — vehicular, pedestrian and service, with points of ingress and egress and the internal circulation pattern of the parking lot area.

7.

Street dedications and improvements — existing and proposed, if any.

8.

Signs — their location, size, type of sign, types of materials and colors, and lighting method.

9.

Loading or service areas — their location and dimensions.

10.

Lighting — its architectural design, location and light patterns.

11.

Landscaping — its location, size, quantity and type of plant material.

12.

Shadow studies — drawings showing shadows of the building or structures (taken on December 22nd, between the hours of 10:00 a.m. and 2:00 p.m.).

13.

Such other data as may be required under the circumstances of the case to permit the City Council, Planning Commission, Planning Commission Subcommittee, or Planning Division staff to make the required approvals.

E.

Review Procedures.

1.

Site Development Permit.

a.

The Zoning Administrator shall hold a public hearing on said application upon such notice as is required in Section XI-10-64, Development Review Process, of this Chapter.

b.

After conclusion of the hearing, the Zoning Administrator may approve the application, approve it subject to such conditions as the Zoning Administrator may impose, or disapprove the application.

For applications requiring City Council approval, the Planning Commission shall forward its recommendation to the City Council.

i.

The Planning Commission may impose such conditions as it deems necessary to protect the best interests of the surrounding property, of the neighborhood, and as it deems in conformity with the requirements of the General Plan.

2.

Minor Site Development Permit.

a.

Review by Zoning Administrator. The Zoning Administrator shall indicate by action minutes whether the proposed site plan for a project shall be approved, approved with modifications and/or conditions, or denied.

i.

The Zoning Administrator may require review by the Planning Commission at its discretion.

b.

Review by Planning Division. The Planning Division staff shall make investigations as necessary to determine whether or not the proposed project conforms or may be conditioned to conform fully to the intent of the Zoning and Sign Ordinances.

F.

Required Findings.

1.

General Findings (except signs). Approval may be granted by the Planning Commission or the City Council if all of the following findings are made, based on evidence in the public record:

a.

The layout of the site and design of the proposed buildings, structures and landscaping are compatible and aesthetically harmonious with adjacent and surrounding development.

b.

The project is consistent with the Milpitas Zoning Ordinance.

c.

The project is consistent with the Milpitas General Plan.

d.

In the case of a project located within a Specific Plan, the following additional finding shall be made:

i.

The project is consistent with the Specific Plan.

2.

Signs. Approval may be granted by the Planning Commission or the City Council if all of the following findings are made, based on evidence in the public record:

a.

All elements of the sign, including design, lighting, scale, length and materials, are consistent with the intent of the General Plan, the Sign Ordinance and any applicable Specific Plan;

b.

The design, scale and materials of the sign harmonize with the architectural design and details of the building or site it serves;

c.

The design and scale of the sign is appropriate to the distance from which the sign is normally viewed;

d.

The design and materials of the sign provide a contrast between the background and letters;

e.

If a freestanding sign is included in the sign application, the design, scale or location of the building dictates the use of freestanding signs, rather than building-mounted signs;

f.

For Sign Programs, in addition to the findings for signs, the following additional findings shall be made, based on evidence in the public record:

i.

The provisions of the Sign Program ensure consistency in design and style of all new signs,

ii.

The provisions of the Sign Program address compatibility of the design and style of any existing signs on the building or site, and

iii.

All new signs within the Sign Program are in compliance with the design guidelines of this Chapter.

G.

Planning Commission Subcommittee or Staff Approvals. In approving any project subject to this section, the Planning Division staff or Planning Commission Subcommittee shall find all of the following:

1.

The development recognizes and respects the nature of the neighborhood and site, development patterns, materials used, and the expectations of those who will see and use the building;

2.

The development assures that modifications satisfy functional requirements, and are screened with appropriate compatible materials; and

3.

The development assures that the modification will not interfere with the privacy, quiet enjoyment or view of the surrounding properties.

4.

For projects including signs, only the following findings shall be made:

a.

The design, including lighting, scale, length and materials, of the sign is consistent with the intent of the design elements of the General Plan, any applicable Design Guidelines, respective specific plan or Site and Architectural Overlay District in which the sign is to be located;

b.

The design, scale and materials of the sign harmonize with the architectural design and details of the building or site it serves;

c.

The design and scale of the sign is appropriate to the distance from which the sign is normally viewed;

d.

The design and materials of the sign provide a contrast between the background and letters;

e.

If a freestanding sign is included in the sign application, the design, scale or location of the building dictates the use of freestanding signs, rather than building-mounted signs;

5.

For projects including signs within sign programs, only the following finding shall be made:

a.

The sign conforms to the approved sign program.

H.

Appeals. An appeal of the decision by staff or on Site Development Permits or Minor Site Development Permits shall be reviewed in accordance with Section XI-10-64.05, Appeals, of this Chapter.

I.

Compliance With Conditions. Whenever a plan for the development of a building site has been the subject of a Site Development and Permit process as hereinabove specified and has been given final approval, the building and site thereafter shall be constructed and perpetually maintained in compliance with the plan in conformance to all details specified thereon and subject to all the conditions set forth in the action of approval, unless modified or amended pursuant to Section XI-10-57.03(I), Applications for Modification of or Amendment, of this Chapter. Lack of compliance shall constitute a violation of Chapter 10 (Zoning, Planning and Annexation) and the Site Development Permit.

J.

Applications for Modification of or Amendment. Projects shall be developed in conformity with project approvals. If the applicant wishes to modify the project, as approved, the applicant shall submit revised plans and any other applicable information to the City for review by the Planning Division. The Planning Division staff shall make one of the following determinations regarding the request:

1.

Insignificant Modifications. If the Planning Division determines that the modifications are minor, the modifications may be approved administratively.

2.

Significant Modifications Without Public Impact or Concern. If the Planning Division determines that the modifications are significant enough to warrant discretionary review but will not have public impacts or cause public concern, then the modifications shall be referred to the Planning Commission Subcommittee for consideration. If the original application for a project required a public hearing, then the Planning Commission Subcommittee review of modifications shall not require a public hearing.

3.

Significant Modifications With Public Impact or Concern. If the Planning Division determines that the modifications are significant enough to warrant discretionary review and have the potential for public impact or concern, then the modifications shall be referred to the final decision-making authority for the original project. If the original application for a project required a public hearing, then the final decision-making authority's review of modifications shall require a public hearing, in accordance with Section XI-10-64, Development Review Process, of this Chapter.

K.

Modifications, Suspensions and/or Revocations Initiated by the City. Refer to Section XI-10-63.06, Revocation, Suspension, Modification, of this Chapter.

(Ord. No. 38.840, § 7, 6/16/20; Ord. No. 38.834, §§ 11—15, 8/20/19; Ord. No. 38.833, § 7, 5/7/19; Ord. No. 38.803, § 9, 4/17/12; Ord. No. 38.788, § 8, 9/7/10; Ord. No. Ord. No. 38.795, §§ 37—39, 4/6/10; Ord. 38.780 (26) (part), 8/19/08)

A.

Purpose and Intent.

1.

The purpose and intent of the Conditional Use Permit process is to provide a review of land uses which would not otherwise be permitted as a matter of right in a zoning district because of their nature, have an impact on the surrounding environment and for the determination of whether or not the proposed use is appropriate for its proposed location.

The Conditional Use Permit process is intended to encourage uses to be located in a manner that is:

a.

Consistent with the City's zones;

b.

Sensitive to community and neighborhood identity; and

c.

Minimizes impacts to adjacent uses, including traffic flow; circulation; safety for vehicular and pedestrian traffic; imposition of noises, odors and health and safety hazards upon nearby residential area; provision of adequate light, air and reasonable access; securing safety from fire and other dangers; prevent overcrowding of land; facilitating adequate provision for transportation and in general, to promote the public health, safety, peace, morals, comfort and welfare; prevention of neighborhood deterioration and blight; the objectives of zoning and planning in the community and the effect upon the City's general welfare of this proposed use in relation to surrounding uses and the community. Review of a use may require the consideration of site plan issues related to the use, as well.

2.

It is the purpose of the Minor Conditional Use Permit process to provide for the streamlined review of uses that may have an impact on the surrounding environment and require discretionary review, but due to their nature, scale or location, do not require discretionary consideration by the full Planning Commission. Either the Zoning Administrator or Planning staff has the authority to review Minor Conditional Use Permits. The Minor Conditional Use Permit process has as its purpose the same goals for uses described for the Conditional Use Permit process above.

B.

Authority.

1.

Conditional Use Permits. The Planning Commission has the authority to approve Conditional Use Permits, subject to concurrent review and appeal provisions of Section XI-10-64, Development Review Process, of this Chapter.

2.

Minor Conditional Use Permits. Minor Conditional Use Permits may be approved either by the Zoning Administrator or administratively by Planning staff.

a.

Review by the Zoning Administrator. The Zoning Administrator has the authority to approve Minor Conditional Use Permits for those uses listed in the use tables of the Zoning Ordinance. Such approvals shall be subject to the concurrent review and appeal provisions of Section XI-10-64, Development Review Process, of this Chapter.

b.

Review by Planning staff. Planning staff has the authority to administratively approve Minor Conditional Use Permits for those uses listed in the use tables of the Zoning Ordinance. Such approvals shall be subject to concurrent review and appeal provisions of Section XI-10-64, Development Review Process, of this Chapter. Planning staff-level issued Minor Conditional Use Permits shall not require a public hearing or notice.

C.

Applicability.

1.

Conditional Use Permits. Conditional Use Permits are required as indicated by the use tables in Residential, Mixed Use, Commercial, Industrial, Institutional, Park and Open Space, and other land use districts of this Chapter. Conditional Use Permits are also required for the following requests:

Table XI-10-57.04-1

¹  Properties that are located within 500 feet of the boundary of a Single Family Residential (R1) or One and Two-Family Residential (R2) zone shall not be eligible for a request for a Conditional Use Permit to allow height exceeding the maximum standard for primary buildings as shown in Table XI-10-5.03-1 - Commercial Zone Development Standards.

²  In addition, the cumulative floor area included in all such additions or enlargements since the adoption of Ord. No. 38.760 (September 17, 2002) shall not exceed thirty (30%) percent of the floor area contained in said building or structure. Floor area, for the purposes of this Subsection, shall include all habitable space associated with a residential use and shall mean gross floor area associated with any non-residential use. These criteria are established so as not to prolong the life of the original building or structure.

a.

Other Uses. The Planning Commission may, after a public hearing, permit the following uses in districts from which they are prohibited by this Chapter where such uses are deemed essential or desirable to the public convenience or welfare and are in harmony with the various elements or objectives of the General Plan.

However, any of the following uses which are marked with an asterisk shall not be allowed in the designated Hillside Combining District.

i.

Helicopter pads for medical evacuation purposes.

ii.

Development of natural resources (excluding the drilling for or producing of oil, gas or other hydrocarbon substances) together with the necessary buildings, apparatus, or appurtenances incident thereto.

iii.

Library or museum, public.

iv.

Park, playground, or recreational or community center.

v.

Public utility and public service use or structure.

vi.

Radio or television transmitter.

vii.

Reverse vending machines or mobile recycling units except where the lot is being used for residential purposes.

2.

Minor Conditional Use Permits. Minor Conditional Use Permits are required as indicated by the use tables in Residential, Mixed Use, Commercial, Industrial, Institutional, Park and Open Space, and other land use districts of this Chapter.

D.

Submittal Requirements. Refer to the most recent submittal requirements required by the Planning Division.

E.

Review Procedures.

1.

Conditional Use Permits.

a.

The Planning Commission shall hold a public hearing on said application upon such notice as is required in Section XI-10-64, Development Review Process, of this Chapter.

b.

After the conclusion of the hearing, the Planning Commission may approve the application, approve it subject to such conditions as the Planning Commission may impose, or disapprove the application.

i.

The Planning Commission may impose such conditions as it deems necessary to protect the best interests of the surrounding property, of the neighborhood, and as it deems in conformity with the requirements of the General Plan.

2.

Minor Conditional Use Permits.

a.

Review by Planning Commission Subcommittee. The Planning Commission Subcommittee shall consider a Minor Conditional Use Permit application when authorized to do so under the use tables of the Zoning Ordinance and hold a public hearing on application upon such notice as is required in Section XI-10-64, Development Review Process, of this Chapter.

i.

After the conclusion of the hearing, the Planning Commission Subcommittee may approve the application, approve it subject to such conditions as the Planning Commission Subcommittee may impose, or disapprove the application.

a)

The Planning Commission Subcommittee may impose such conditions as it deems necessary to protect the best interests of the surrounding property, of the neighborhood, and as it deems in conformity with the requirements of the General Plan.

b)

If the Planning Commission Subcommittee members disagree on a decision for a project, then the project will be placed on the agenda for Planning Commission review, with no additional fees required.

b.

Review by Planning staff. The Planning Division shall administratively consider a Minor Conditional Use Permit when authorized to do so under the use tables of the Zoning Ordinance. Planning staff shall investigate as necessary to determine whether or not the proposed project conforms or may be conditioned to conform fully to the intent of this Chapter. No public hearing or notice shall be required for an administrative level Minor Conditional Use Permit.

If the project does not comply, a notice of correction shall be prepared and returned to the applicant. If the applicant resubmits for review and the project still does not comply with the required regulations or is not in accordance with the approved conditions of approval, the Planning Division shall deny the application.

F.

Required Findings for Conditional Use Permits and Minor Conditional Use Permits.

1.

General Findings. Approval may be granted by the appropriate decision-making body, of a Conditional Use Permit or Minor Conditional Use Permit application in accordance with this Chapter if all of the following findings are made, based on the evidence in the public record:

a.

The proposed use, at the proposed location will not be detrimental or injurious to property or improvements in the vicinity nor to the public health, safety, and general welfare;

b.

The proposed use is consistent with the Milpitas General Plan; and

c.

The proposed use is consistent with the Milpitas Zoning Ordinance.

In the case of a project located within a Specific Plan, the following additional finding shall be made:

d.

The proposed use is consistent with the Specific Plan.

2.

Specific Findings. In addition to the general findings required in Subsection (F)(1), above, specific findings shall be made prior to the approval of an application for a Conditional Use Permit for the following requests:

Table XI-10-57.04-2

G.

Consideration of Conditional Use Permit or Minor Conditional Use Permit Pending Zoning Amendment. Upon the close of a public hearing before the Planning Commission on the question of a Zoning Amendment to change property from one zone to another, and upon favorable report thereon by the Commission, the Commission may consider such matters and regulations as are set forth in Subsection XI-10-57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter.

The Commission may conditionally impose such requirements and regulations upon the subject property and use as the Commission is authorized to impose by Subsection XI-10-57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter, and may conditionally approve Conditional Use Permits; said requirements and regulations shall be imposed and said approval shall be granted upon the express condition that said property shall be rezoned in accordance with the specific recommendation of the Planning Commission relating to zoning and shall not take effect unless and until said property is rezoned in accordance with specific recommendation of the Planning Commission and until the Ordinance amending this Chapter in accordance with the specific recommendation of the Planning Commission shall take effect.

H.

Appeals. An appeal of the action on a Conditional Use Permit or Minor Conditional Use Permit shall be reviewed in accordance with Section XI-10-64, Development Review Process, of this Chapter.

I.

Modifications Requested by the Applicant. Projects shall be developed in conformity with project approvals. If the applicant wishes to modify the project, as approved, the applicant shall submit revised plans and any other applicable information to the City for review by the Planning Division. The Planning Division staff shall make one of the following determinations regarding the request:

1.

Insignificant Modifications. If the Planning Division determines that the modifications are minor, the modifications may be approved administratively.

2.

Significant Modifications With or Without Public Impact or Concern. If the Planning Division determines that the modifications are significant enough to warrant discretionary review and have the potential for public impact or concern, then the modifications shall be referred to the final decision-making authority for the original project in the case of non-staff level issued permits, or to the Planning Commission in the case of staff-level issued Minor Conditional Use Permits. If the original application for a project required a public hearing, then the final decision-making authority's review of modifications shall require a public hearing, in accordance with Section XI-10-64, Development Review Process, of this Chapter.

J.

Modifications, Suspensions and/or Revocations Initiated by the City. Refer to Section XI-10-63.06, Revocation, Suspension, Modification, of this Chapter.

K.

Approval Runs with the Land. The approval of a Conditional Use Permit or Minor Conditional Use Permit shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies, unless the decision-making authority places limits on the effective time of the approval.

(Ord. No. 38.846, § 6, 10/19/22; Ord. No. 38.834, § 16, 8/20/19; Ord. No. 38.823, § 3, 11/17/15; Ord. No. 38.815, § 3, 9/2/14; Ord. No. 38.803, § 9, 4/17/12; Ord. No. 38.795, § 40, 4/6/10; Ord. 38.780 (26) (part), 8/19/08; Ord. No. 38.792, §§ 5, 6, 8/4/09)

A.

Purpose and Intent. The purpose and intent of the density bonus process is to ensure compliance with State regulations and regulations set forth in Subsection 54.15, Density Bonus for Affordable Housing Developments, of this Chapter.

B.

Review Procedures. Refer to Subsection 54.15(C), Review Requirements, of this Chapter.

(Ord. No. 38.803, § 9, 4/17/12; Ord. 38.780 (26) (part), 8/19/08)

A.

Purpose and Intent.

1.

Zoning variances. The purpose and intent of the variance process is to provide relief from the substantive provisions of this Chapter when the strict application of these provisions deprives the property for which the Variance is sought of privileges enjoyed by other property in the vicinity and under identical zoning classification because of special circumstances applicable to the property (including, but not limited to size, shape, topography, location or surroundings).

A Variance is a permit issued by the City that sanctions deviations from the adopted Zoning Ordinance regulations related to physical standards of development, such as lot size, building setback, and height limits. A Variance may not be granted to allow a use or density not otherwise allowed within the zoning district.

2.

Sign variances. The intent of this section is to establish a procedure for granting exceptions to the strict application of the size, number, height, length and location requirements for signs within Chapter 30 (Sign Ordinance) of this title. The granting of a variance requires findings to be met based on the site's or business' unique location or orientation in order to achieve adequate sign visibility.

B.

Authority.

1.

The Planning Commission shall have approval authority of Variances relating to development within all districts other than the Hillside (-H) Overlay district.

2.

The City Council shall have approval authority, upon recommendation by the Planning Commission, of Variances relating to developments within the Hillside (-H) Overlay district.

C.

Applicability.

1.

Zoning variances. Unless indicated otherwise by this title, a variance is required to deviate from any of the standards contained within the Zoning Ordinance.

2.

Sign variances. Unless indicated otherwise by Section XI-24, Signs, of this Chapter, a sign variance is required for the following:

a.

Any sign that exceeds the maximum standards;

b.

Any sign that exceeds the individual sign area allowed;

c.

Any business or site that exceeds the maximum sign area allowed;

d.

Any sign that exceeds the permitted sign height.

D.

Submittal Requirements. Refer to the most recent submittal requirements required by the Planning Division.

E.

Review Procedures.

1.

General Procedures. The Planning Commission, or where applicable, the City Council shall be empowered to impose such conditions upon the grant of a Variance as it deems desirable and shall impose such conditions as will assure that the Variance does not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and zone in which said property is located.

2.

The Planning Commission shall hold a public hearing on each application for a Variance upon such notice as is required in Section XI-10-64, Development Review Process, of this Chapter.

3.

For Variances not involving the Hillside (-H) Overlay district, the Planning Commission shall review the application and render its decision.

4.

For Variances involving the Hillside (-H) Overlay, the Planning Commission shall make a recommendation to the City Council. The City Council shall hold a public hearing, with notice as required in Section XI-10-64, Development Review Process, of this Chapter, review the application and the Commission's recommendation, and render its decision.

F.

Required Findings.

1.

Zoning variances. Prior to the approval of an application for a variance, all of the following findings shall be made:

a.

Due to special circumstances applicable to the subject property including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity under identical zone classifications.

b.

The granting of the variance is necessary for the preservation of a substantial property right possessed by other property in the same vicinity and zone and otherwise denied the subject property.

c.

The required conditions of approval assure that the adjustment authorized will not constitute a grant of special privileges which are inconsistent with the limitations placed upon other properties in the vicinity subject to the same zoning regulations.

d.

The granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

e.

The granting of a variance is consistent with the General Plan and the intent of this title.

2.

Sign variances. Prior to the approval of an application for a sign variance, all of the following findings shall be made:

a.

Special conditions and extraordinary circumstances applicable to the property involved or its intended uses, which were not created by the owner or tenant, and which do not apply generally to other properties with the same land use exist that do not allow the site or business to achieve the goals and objectives of this Chapter for adequate business identification.

b.

Literal enforcement of the provisions of the City of Milpitas the Sign Ordinance will result in unnecessary hardship inconsistent with the spirit and intent of the Sign Ordinance.

c.

The granting of the variance is not contrary to the intent of the General Plan, Zoning or Sign Ordinance, or any applicable Specific Plan and will not be contrary to, nor materially detrimental to public interest and welfare, or injurious to conforming signs in the City.

d.

The variance to be granted is one that will require the least modification of the prescribed regulation, and the minimum variance that will accomplish that purpose.

e.

The granting of a variance is not considered a grant of special privileges inconsistent with the limitations of other similarly situated properties.

G.

Appeals. An appeal of the action on any variance shall be reviewed in accordance with Section XI-10-64, Development Review Process, of this Chapter.

H.

Modifications Requested by the Applicant. Projects shall be developed in conformity with project approvals. If the applicant wishes to modify the project, as approved, the applicant shall submit revised plans and any other applicable information to the City for review by the Planning Division. The Planning Division staff shall make one of the following determinations regarding the request:

1.

Insignificant Modifications. If the Planning Division determines that the modifications are minor, the modifications may be approved administratively.

2.

Significant Modifications with or without Public Impact or Concern. If the Planning Division determines that the modifications are significant enough to warrant discretionary review and have the potential for public impact or concern, then the modifications shall be referred to the final decision-making authority for the original project. If the original application for a project required a public hearing, then the final decision-making authority's review of modifications shall require a public hearing, in accordance with Section XI-10-64, Development Review Process, of this Chapter.

I.

Modifications and/or Revocations Initiated by the City. Refer to Section XI-10-63.06, Revocation, Suspension, Modification, of this Chapter.

J.

Other Review Requirements. For other general requirements related to the review of applications, such as time limits on approvals and requests for extensions of approvals, please refer to Section XI-10-64, Development Review Process, of this Chapter.

K.

Approval Runs with the Land. The approval of a variance shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

(Ord. No. 38.803, § 9, 4/17/12; Ord. No. 38.788, § 9, 9/7/10; Ord. 38.780 (26) (part), 8/19/08)