This Chapter is intended to describe the general procedures for filing applications when required or permitted by this title.

(Ord. No. 38.803, § 10, 4/17/12; Ord. No. 38.795, § 42, 4/6/10; Ord. 38.776 (31) (part), 3/18/08)

Table XI-10-64.02-1 (Decision-Making Body and Role) identifies the city official or body responsible for reviewing and making decisions on each type of application, land use permit, and other entitlements required by this Zoning Ordinance.

Table XI-10-64.02-1
Decision-Making Body and Role¹

₁  "Recommend" means that the decision-making body makes a recommendation to a higher decision-making body; "issuance" means that the permit is a ministerial action that is issued by the decision-making body; "decision" means that the decision-making body makes the final decision on the matter; "appeal" means that the decision-making body may consider and decide upon appeals to the decision of an earlier decision-making body. Any decision by the Zoning Administrator may be appealed to the Planning Commission and any decision by the Planning Commission may be appealed to the City Council as specified in Section XI-10-64.05, Appeals and Title I, Chapter 20, of the City's Municipal Code.

²  Includes Home Occupation Permits (Section XI-10-13.05), Minor Site Development Permits (Section XI-10-57.03) reviews requiring building permits and other reviews by Planning Division staff not requiring a building permit or review by other decision-making bodies. Any appeal shall first be to the Planning Commission. The Planning Commission's decision, in turn, may be appealed to the City Council, whose decision shall be final.

³  Refer to Section XI-10-45.09 regarding the process for projects within the "H" Hillside Overlay District.

(Ord. No. 38.834, § 17, 8/20/19; Ord. No. 38.823, § 3, 11/17/15; Ord. No. 38.803, § 10, 4/17/12; Ord. No. 38.788, § 11, 9/7/10; Ord. No. 38.795, § 42, 4/6/10; Ord. No. 38.790, § 2, 6/2/09; Ord. 38.780 (29), 8/19/08; Ord. 38.776 (31) (part), 3/18/08)

A project that includes more than one application may be combined and processed concurrently, as long as all applicable processing requirements are satisfied. The purpose of allowing concurrent review is to consolidate final action on the project with the highest review authority responsible for making a decision on the applications for a project. The following shall apply to concurrently processed applications:

A.

Public Hearing and Nonpublic Hearing Applications. When an application requiring a public hearing is combined with an application that does not require a public hearing, the combined applications shall require a public hearing.

B.

City Council and/or Planning Commission as Highest Review Authority. When City Council and/or Planning Commission review is required for at least one (1) of the applications for a project, the final decision on all applications shall be made by the highest review authority.

When the City Council is the highest review authority for a project, all review by other bodies with approval authority over the applications shall be in the form of a recommendation to the City Council.

When the Planning Commission is the highest review authority for a project, all review by other bodies with approval authority over the applications shall be in the form of a recommendation to the Planning Commission.

C.

Omitting Zoning Administrator Review. In order to eliminate redundant review and an unnecessary lengthening of the discretionary review process, it is appropriate to eliminate Zoning Administrator review of some applications. When combined applications are being processed for a project, and both Planning Commission and Zoning Administrator review are required, Zoning Administrator review shall be omitted and Planning Commission review substituted.

(Ord. No. 38.834, § 18, 8/20/19; Ord. No. 38.803, § 10, 4/17/12; Ord. No. 38.795, § 42, 4/6/10; Ord. No. 38.790, § 2, 6/2/09; Ord. 38.776 (31) (part), 3/18/08)

A.

Time. Time of Giving Notice. Whenever notice of hearing is required by this Chapter, it shall be given at least ten (10) calendar days before the hearing.

B.

Manner. Manner of giving notice. Whenever notice of hearing is required by this Chapter for any of the following matters, unless otherwise provided by law:

Table XI-10-64.04-1
Public Hearing Requirements

¹  Amendments to Conditional Use Permits, Development Agreements, Site Development Permits and Variances shall have the same requirements, unless otherwise noted.

²  A community meeting shall be held prior to the public hearing.

³  Follow the requirements of the California Environmental Quality Act.

⁴  Only for Minor Conditional Use Permits issued by the Zoning Administrator.

1.

For projects requiring a public hearing and/or a community meeting identified within Table XI-10-64.04-1, or for revocation, suspension or modification of the same, or an appeal from the action taken thereon, notice shall be given as per State of California Government Code Section 65091 and by the following:

a.

Publishing the notice in a newspaper of general circulation within the City. In addition, for General Plan amendments, Zoning amendments, Conditional Use Permits and Variances, a second notice being a quarter (¼) page advertisement shall be published in a newspaper of general circulation.

b.

Posting one (1) sign notice per 1,000 lineal feet of property street frontage in a conspicuous place on the affected property visible from the street frontage. If the affected property has no street frontage, no less than one (1) sign notice shall be required to be posted.

c.

Mailing the notice. It shall be the responsibility of the applicant to furnish the labor and materials regarding copies, postage, envelopes and labels for mailing of the notice.

i.

Mailing the notice, in accordance with Section I-20-2.02 of the Milpitas Municipal Code to all property owners and residential renters as specified in Table 10-64.04-1. The Planning Division staff shall have the discretion to require a 1,000 feet notification requirement for public hearings, if the project is deemed to be potentially controversial.

ii.

Mailing the notice, in accordance with Section I-20-2.02 of the Milpitas Municipal Code, to the owner of the subject real estate property and the applicant, respondent or appellant.

iii.

Mailing the notice, in accordance with Section I-20-2.02 of the Milpitas Municipal Code to the Milpitas Unified School District and, in addition, to any other local agency expected to provide essential facilities and services to the project and whose ability to provide said facilities and services may be significantly affected.

(Ord. No. 38.834, § 19, 8/20/19; Ord. No. 38.803, § 10, 4/17/12; Ord. No. 38.795, § 42, 4/6/10; Ord. No. 38.790, § 2, 6/2/09; Ord. 38.776 (31) (part), 3/18/08)

Unless there is an appeal the date of approval is the date on which the decision-making body votes on the motion of approval. When there is an appeal, the date of approval is the date of the administrative vote on the motion finally determining the appeal.

(Ord. No. 38.803, § 10, 4/17/12; Ord. No. 38.795, § 42, 4/6/10; Ord. No. 38.790, § 2, 6/2/09; Ord. 38.780 (30), 8/19/08; Ord. 38.776 (31) (part), 3/18/08)

A.

Expiration of an Approved Application. An application approved in accordance with this Chapter shall be deemed to have expired, when either of the following occurs:

1.

When the activity permitted by the approved application is not commenced, as defined in Subsection B of this Section, Commencement of a Permitted Activity, within two (2) years, or for projects submitted with tentative maps, within the time limits of the tentative map. The time period during which a project must be commenced starts on the effective date of a decision approving a project, as defined in Section XI-10-64.05, Effective Date of Approval, of this Chapter.

2.

When the activity permitted by the approved application has lapsed, as defined in Subsection C of this Section, Lapse of a Permitted Activity.

B.

Commencement of a Permitted Activity. An activity permitted by an approved application shall be deemed to have commenced when the project:

1.

Completes a foundation associated with the project, or

2.

Dedicates any land or easement as required from the zoning action, or

3.

Complies with all legal requirements necessary to commence the use, or obtains an occupancy permit, whichever is sooner.

C.

Lapse of a Permitted Activity. An activity permitted by an approved application shall be deemed to have lapsed at the following times:

1.

In accordance with Section XI-10-56.03(A)(3), Continuation, expansion and change of use, of this Chapter, regarding nonconforming uses.

2.

When that activity ceases operation and/or the business closes at such location for a period of at least one (1) year.

D.

Renewal of an Expired Application. Any approved application which has been allowed to expire shall be subject to the filing of a new application pursuant to Section XI-10-57, Applications, of this Chapter.

(Ord. No. 38.803, § 10, 4/17/12; Ord. No. 38.795, § 42, 4/6/10; Ord. No. 38.790, § 2, 6/2/09; Ord. 38.780 (31), 8/19/08: Ord. 38.776 (31) (part), 3/18/08)

A.

Authority. An extension of time may be issued for approved applications by the Planning Commission.

B.

Submittal of Extension Requests.

1.

Time Limits on Submitting Extension Requests. Unless otherwise provided by State law, extension requests for approved applications described in Section XI-10-57, Applications, of this Chapter shall only be considered if the written request for the extension is filed with the Planning Division prior to the approved application's expiration date.

2.

Method of Request. Requests for extensions shall be made in writing and shall state the reasons why an extension is needed.

C.

Processing Extension Requests. Extension requests for approved applications described in Section XI-10-57, Applications, of this Chapter shall be processed in the same manner as a new application, except that the extension request shall only be reviewed by the Planning Commission or Zoning Administrator for Minor Conditional Use Permits, as the decision-making authority. A request for an extension of time may be approved, conditionally approved or denied. If approved, conditions may be added to the approved application.

D.

Circumstances Under Which Extensions May Be Granted. An extension of the approval of a project may be granted if the current findings for the specific type of permit be made by the decision-making authority.

E.

Length of extension. The Planning Commission or Zoning Administrator shall only grant a single time extension within the time period specified in the approval or for eighteen (18) months if no time is specified.

(Ord. No. 38.834, § 20, 8/20/19; Ord. No. 38.803, § 10, 4/17/12; Ord. No. 38.795, § 42, 4/6/10)