Milpitas City Zoning Code

The purpose of this Chapter is to identify the assignment of authority and review procedures for zoning decisions related to land use and development applications as defined in this Title.

(Ord. No. 38.858, § 4, 9/2/25)

Review Authorities are authorized to administer this Title as follows.

A.

Director. The Director shall have the duties assigned by this Title as may be required to fulfill the purposes of this Title. These duties include environmental determinations on any approval that is exempt from environmental review under the California Environmental Quality Act and where the final approval for the project is made by the Director. These duties shall be in addition to those contained in California Government Code section 65900 et seq.

B.

Zoning Administrator. The Zoning Administrator shall have the duties assigned by this Title as may be required to fulfill the purposes of this Title. These duties include environmental determinations on any approval that is exempt from environmental review under the California Environmental Quality Act and where the final approval for the project is made by the Zoning Administrator.

C.

Planning Commission. The Planning Commission is established by Milpitas Municipal Code Chapter I-500 (Planning Commission) with duties and powers outlined in Section I-500-1.12. The authority and responsibilities of the Planning Commission shall also include, but are not limited to the following:

1.

Authority to hear and decide:

a.

Applications identified in Table D.2.030-A (Review Authorities); and

b.

Environmental determinations on any approval that is subject to environmental review, and not exempt, under the California Environmental Quality Act.

2.

Authority to review and make recommendations to the Council on:

a.

Applications for Zoning Amendments;

b.

Applications for General Plan Amendments;

c.

Applications for Specific Plans;

d.

Development Agreements;

e.

Environmental determinations on any approval that is subject to environmental review under the California Environmental Quality Act and where the final approval for the project is made by the Council; and

f.

Any other action that state law requires the Planning Commission to consider and recommend before Council consideration.

3.

Authority to hear an appeal from any determination made by an administrative or appointed official, such as the Director or Zoning Administrator, in the administration or enforcement of this Title. See also Table D.2.030-A (Review Authorities) and Section D.2.040.N (Appeals).

4.

Other powers and responsibilities assigned by this Title or directed by the Council.

D.

City Council. The Council is established through the incorporation of the City and has final review and decision-making authority on matters relating to planning and zoning, subject to delegation of this authority as provided in this Title. These duties shall be in addition to those contained in California Government Code section 65900 et seq.

(Ord. No. 38.858, § 4, 9/2/25)

Table D.2.030-A (Review Authorities) identifies the types of applications authorized by this Title and the Review Authority responsible for recommending and making decisions on each type of application.

Table D.2.030-A: Review Authorities ¹

Table Notes:

¹  For projects that require multiple applications, see Subsection D.2.040.B.3 (Multiple Applications).

²  See Subsection D.4.020.B (Applicability) for when the Director or the Zoning Administrator is the decision-making body.

³  Minor Deviation refers to modifications or adjustments to zoning standards, not a modification to an approved permit or project. See Subsection D.4.050 (Minor Deviation).

⁴  The Council is the decision-making body for Sign Permits and Sign Programs in the "H" Hillside Combining District.

⁵  See Subsection D.4.070.D (Authority) for when the Director or the Zoning Administrator is the decision-making body.

(Ord. No. 38.858, § 4, 9/2/25)

A.

Purpose. The purpose of this Section is to establish common procedures and requirements for the preparation, filing, and processing of development applications required by this Title. These common procedures and the development review processes established in this Part XIII-D (Procedures and Administration) are intended to provide a consistent and efficient method for the City to implement the General Plan and other adopted goals, policies, and standards. For procedures specific to individual permit types, refer to Chapter D.4 (Permits and Approvals).

B.

Application Process and Fees.

1.

Applicant. Only the following persons or entities may apply for a permit or other approval:

a.

The owner of the property;

b.

An authorized agent or representative of the owner; or

c.

A person acting in accordance with a purchase contract or exclusive option to purchase the property.

2.

Applications.

a.

The Director shall specify the form and content of all applications for permits or approvals required by this Title.

b.

Applications for development approvals and amendments shall be submitted to the Director on a prescribed City application form and shall include all the information that is necessary for review of the application, such as plans, elevations, facts, and information deemed by the Director to be necessary to show details of the proposed use or development as specified in the application checklist attached to the application form.

c.

Applications shall be accompanied by applicable fees as identified in the City's Master Fee Schedule, deposits, and other materials required by this Title and Department handouts.

d.

Applications shall include the property owner's written authorization for any permit, permit amendment, permit extension, or other approval required by this Title.

e.

Unless precluded by law, the Director may require the submission of supplemental materials and information as part of an application submittal, including statements, photographs, plans, drawings, renderings, models, material samples, special studies, and other information necessary to describe existing conditions and the proposed project, and to determine the level of environmental review in accordance with Subsection D.2.040.E (Environmental Review).

f.

The Director may waive the submission of specific material or information upon a finding that it is not needed to reach a decision on the application.

g.

It is the responsibility of the applicant to provide the necessary information in support of the findings required for approval as identified in Chapter D.4 (Permits and Approvals).

h.

The Director may adopt regulations or guidelines for the form, content, and processing of all applications for permits or approvals required by this Title.

3.

Multiple Applications. A project that includes more than one application may be combined and processed concurrently provided all applicable processing requirements are satisfied. The purpose for 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 provisions apply to concurrently processed applications:

a.

If a project requires more than one discretionary permit or other approval, all permits or other approvals shall be processed concurrently.

b.

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.

c.

When more than one discretionary permit or other approval is required and the Review Authority is both the Planning Commission and Council, the final action on all discretionary permits or other approvals shall be taken by the Council. In these cases, the Planning Commission's actions shall consist of a recommendation to the Council.

d.

When the Planning Commission is the highest Review Authority for a project, the review by all other Review Authorities shall be in the form of a recommendation to the Planning Commission.

e.

When concurrently processed applications are needed for a project, and both a review by the Planning Commission and Zoning Administrator are required, the Zoning Administrator review shall be omitted and the Planning Commission review substituted.

f.

When a subdivision is proposed, the provisions of Milpitas Municipal Code Chapter XI-1 (Subdivisions) and this Title shall apply. Review Authorities may combine review and decisions in a single action, provided the required procedures of Milpitas Municipal Code Chapter XI-1 and this Title are followed; the single approval shall have the same effect as though each action were taken individually, provided each separate approval required is appropriately entered in the record.

4.

Withdrawn and Denied Applications.

a.

Withdrawn applications. An application may be withdrawn by the applicant prior to the opening of the public hearing or thereafter with the consent of the Review Authority. A request to withdraw an application must be submitted by the applicant in writing. Withdrawal of an application shall terminate all further action on the application.

b.

Effect of withdrawn or denied applications. Where an application has been withdrawn by the applicant or denied by the Review Authority, an application for the same or substantially similar project may not be filed within one year from the date of withdrawal or denial. Any subsequent application shall be considered a new application and shall be processed accordingly.

5.

Fees. A schedule of fees shall be maintained by the Director and made available to the public. All applications required by this Title shall be accompanied by the required fees set by resolution of the Council. Applications shall not be accepted without payment of all required fees. If an application is erroneously accepted without payment of all required fees, or if an applicant fails to promptly pay further fees as they become due, an application may be deemed withdrawn if the applicant fails to pay all required fees within 30 days of being mailed notice by the Department or such other time as may be agreed to in writing by the Director.

C.

Pre-Application Review.

1.

Pre-Application Review.

a.

A Pre-Application Review is an optional process that occurs prior to the submittal of any new development application.

b.

The purpose of a Pre-Application Review is generally to:

(i)

Familiarize the Director and other City staff, as may be applicable, with the development proposal;

(ii)

Discuss application requirements and familiarize the applicant with the review process and procedures;

(iii)

Identify any potential problems as early in the process as possible; and

(iv)

Identify land use and development policies which may apply to or affect the development proposal.

c.

Failure by the Director or other City staff to identify all required studies or all applicable requirements in the Pre-Application Review shall not constitute a waiver of those studies or requirements. A Pre-Application Review is meant to be informative but is not a substitute for the applicant's responsibility to know and comply with the law.

2.

Application Requirements. An application for a Pre-Application Review shall be submitted on a form prescribed by the City in accordance with Section D.2.040.B (Application Process and Fees).

3.

Pre-Application Review Meeting. After reviewing the application, the Director shall meet with the applicant or representative. Neither the Pre-Application Review nor the provision of information by the Director and the discussion of City policies shall be construed as either a recommendation for approval or denial of the application or development. No formal action is taken by the Director at a Pre-Application Review meeting. Following the meeting, the Director may provide the applicant with a written summary of comments.

D.

Review of Planning Applications.

1.

Initial Completeness Review. The Director shall determine whether an application is complete within 30 days of the date the application is filed and the required fee is received in accordance with California Government Code section 65943 et seq.

2.

Incomplete Application.

a.

Incomplete application. If an application is deemed incomplete, the Director shall provide a written notification to the applicant listing information necessary to complete the application.

b.

Submittal of additional information. The applicant shall provide the additional information within 180 days from the date the application is deemed to be incomplete. The Director may grant one extension of up to 90 days.

c.

Expiration of application. If an applicant fails to correct the identified deficiencies within the specified time limit, the application shall expire and be deemed withdrawn, unless the Director grants an extension. After the expiration of an application, a new complete application, together with all required fees, shall be submitted for review.

3.

Complete Application. When a planning application is deemed complete, the Director shall make a record of that date and proceed with processing the application. If an application requires a public hearing, the Director shall schedule a hearing when the project is ready and notify the applicant of the date and time, in accordance with Section D.2.040.F (Public Hearing Notice).

4.

Referral of Application.

a.

When the Director or Zoning Administrator is the Review Authority, the Director may determine that based on a unique or special circumstance, it is in the public interest for an application to be considered by the Planning Commission. In this case, the Director shall forward the application to the Planning Commission for review at a public hearing.

b.

At the discretion of the Director, or where otherwise required by this Title, state or federal law, any application filed in compliance with this Title may be referred to any City department, public agency, or interest group that may be affected by, or have an interest in, the proposed project for review and comment on the application.

5.

Extensions for Review of Application. The Director may, upon written request, grant extensions of any time limit for review of applications imposed by this Title unless precluded by state or federal law.

E.

Environmental Review. The City has the responsibility to comply with the California Environmental Quality Act (California Public Resources Code section 21000 et seq.) and California Environmental Quality Act Guidelines (California Code of Regulations, Title 14), collectively referred to as California Environmental Quality Act. The City shall evaluate each project according to California Environmental Quality Act before any recommendation or decision on a project is made.

F.

Public Hearing Notice.

1.

Applicability.

a.

Notice for public hearings is required as part of the approval process for all applications subject to a public hearing.

b.

Any changes to state law notice requirements, in accordance with California Government Code section 65090 et seq., shall control over the requirements in this Section regarding the manner for providing notice.

2.

Public Hearing Notice Requirements. Unless otherwise required by law, whenever notice of hearing is required by this Title, notice shall be mailed and community meetings shall be held as provided in Table D.2.040-A (Public Hearing Notice Requirements).

Table D.2.040-A: Public Hearing Notice Requirements

Table Notes:

¹  For revisions to an approved project, see Subsection D.2.040.M (Revisions to an Approved Project).

²  The Director may expand the notification area based on the location and context of the subject property if it is determined that the potential impact of the project extends beyond the required notification boundary or if the proposed project is deemed to be potentially controversial.

³  A community meeting shall be held a minimum of 30 days prior to the public hearing.

⁴  A public hearing is only required when subject to Zoning Administrator approval. See Subsection D.4.020 (Site Development Permits).

⁵  A public hearing is only required when subject to Zoning Administrator approval. See Subsection D.4.030 (Use Permits).

3.

Contents. Every posted, published, or mailed notice for a public hearing shall be consistent with the requirements of Milpitas Municipal Code Subsection I-310-2.40 (Public Notice Requirements) and include:

a.

The date, time, location, and purpose of the hearing;

b.

The name of the Review Authority conducting the hearing;

c.

Contact information to receive additional information;

d.

A brief description of the matter to be considered and the approval(s) requested;

e.

The address or location of the subject property;

f.

A statement that any interested person or authorized agent may appear and be heard; and

g.

A statement describing how and when to submit written comments.

4.

Noticing Procedures. The following noticing procedures shall be observed when a public hearing is required by this Title.

a.

Timing. All forms of notice shall be given not less than 10 days prior to the public hearing, except that for a Zoning Amendment that would affect the permitted uses of real property, all forms of notice shall be given not less than 20 days prior to the public hearing.

b.

Mailed notice. Mailed notice in accordance with Milpitas Municipal Code Subsection I-20.2.02 (Notice by Mail) shall be given to the following:

(i)

All property owners as specified in Table D.2.040-A (Public Hearing Notice Requirements);

(ii)

Any person or group who has filed a written request for notice regarding the specific application;

(iii)

The owner of the property that is the subject of the application;

(iv)

The applicant; and

(v)

Any other person or entity the Director deems necessary or desirable, including any other local agency expected to provide essential facilities and services to the project and whose ability to provide those facilities and services may be significantly affected.

c.

Newspaper notice. A notice shall be published in at least one newspaper of general circulation in the city, or, if no such newspaper is available, by posting in at least three public places within the city.

d.

Posted notice. A notice sign shall be posted in a format approved by the Department, in a prominent place on or near the subject property. At minimum, this shall include the posting of one sign per 1,000 lineal feet of the subject property's street frontage that is visible from the public right-of-way. If the subject property has no street frontage, no less than one sign shall be posted.

e.

Additional notice. In additional to the types of notice required above, the Director may require or provide additional notice using alternative methods including, but not limited to the following:

(i)

Posting on the City's website;

(ii)

Electronic mail to persons that have signed up or subscribed for electronic mail notifications;

(iii)

Placing an insert with any generalized mailing sent by the City to property owners or residents in the area affected by the proposed application;

(iv)

Posting through City accounts on social media platforms; or

(v)

Messaging on City electronic message signs.

5.

Failure to Receive Notice. The validity of the proceedings shall not be affected by the failure of any property owner, resident, or organization to receive notice.

G.

Public Hearings.

1.

Requirements. When a public hearing is required by this Title, public notice shall be given consistent with Subsection D.2.040.F (Public Hearing Notice), and the public hearing shall be conducted as provided by this Subsection and Milpitas Municipal Code Section I-20-3 (Hearings).

2.

Scheduling of Hearing. After an application is deemed complete, any environmental document required by California Environmental Quality Act has been prepared, and a Department staff report has been prepared, a matter requiring a public hearing shall be scheduled at the Director's discretion on an agenda reserved for public hearings.

3.

Decision. When the public hearing is closed, the Review Authority shall approve (with or without conditions) or deny the application in compliance with the required findings provided in Chapter D.4 (Permits and Approvals) and this Title.

4.

Continuance. The Review Authority, by motion, may continue a public hearing. No additional notice shall be required for the continuance of a noticed public hearing to a specific date and time. At their own discretion, applicants may request the Review Authority to act upon their project rather than be continued.

5.

Recommendation by Planning Commission. At the conclusion of any public hearing on a project that requires Council approval, the Planning Commission shall forward a written recommendation, including all required findings, to the Council for final action. The Planning Commission's recommendation could be to approve, approve in modified form, or deny the application.

6.

Council Hearings. Upon receiving the Planning Commission's recommendation on a project that requires Council approval, the Council shall hold a public hearing. When the public hearing is closed, the Council shall make a final decision, which could be to approve, approve in modified form, or deny the application.

H.

Findings and Decision.

1.

When making a decision to approve, approve with modifications and/or conditions, or deny any application, the Review Authority shall make findings as required by this Title to support their decision. Findings shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record. Findings may be stated, including in any resolution or record of the action, or may be implied from the administrative record and the record of proceedings taken as a whole.

2.

If the Review Authority imposes conditions of approval, the conditions shall be consistent with Subsection D.2.040.I (Conditions of Approval).

I.

Conditions of Approval.

1.

In considering an application authorized by this Title, a Review Authority may require changes and impose conditions of approval in order to implement the policies of the General Plan and this Title. Conditions of approval, which may include dedication of land; installation of specific improvements; limitations on the size, design and placement of buildings or structures; landscaping; or limitations on use and hours of operation; or other similar requirements, shall be reasonably related to the type of impacts caused by the use of the property for which the application is requested. Conditions of approval may be necessary to ensure the proposed use or project satisfies the required findings for approval and complies with any applicable environmental mitigation measures. See Section D.2.040.E (Environmental Review).

2.

All conditions of approval shall be binding upon the applicant, their successors, and assigns; shall run with the land; shall limit and control the issuance and validity of Certificates of Occupancy; and shall restrict and limit the construction, location, use, and maintenance of all land and structures within the project.

J.

Effect of Decisions.

1.

Issuance of Approval. The issuance of a permit or approval described in this Title authorizes the holder to proceed in compliance with the terms of the permit or approval. The applicant must follow all City requirements and procedures for any additional applicable permits or approvals in order to complete the development project and to meet the occupancy requirements for the subject property.

2.

Effective Date of Decision.

a.

The effective date of a decision is the date the Review Authority approves or denies the permit or approval, except as otherwise provided in this Chapter for a specific approval or type of permit.

b.

If the decision by the Review Authority is appealed in accordance with Section D.2.040.N (Appeals), the date of decision shall be the date the Review Authority makes a final determination on the Appeal.

3.

Ownership and Transferability of Permits and Approvals. An approved permit or other approval applies to the subject property and runs with the land, except as specifically provided in this Title. Once approved, a permit or approval remains effective unless terminated, abandoned, revoked, or modified. An approved permit or other approval is transferable to any future owner of the subject property.

4.

Inspections. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring, or assessments, it shall be the responsibility of the permit holder, the property owner, or successor property owners to comply with the conditions.

K.

Expiration of Permits.

1.

Lapse of Permit. Unless otherwise specified in the permit or approval, all permits and approvals for projects not subject to the Subdivision Map Act shall be implemented within two years following the effective date, or they shall expire and be deemed void unless a Time Extension is approved consistent with Subsection D.2.040.L (Extension of Time).

2.

Time Limits.

a.

A Review Authority may establish a time limit that differs from the time limit contained in Subsection D.2.040.K.1 (Lapse of Permit); however, the time limit shall be based upon the size and nature of the proposed project as described in the written findings for project approval.

b.

For concurrent applications, the longest time limit associated with any one permit or approval shall apply to all of the other concurrent permits. All permits associated with the approval of a tentative map shall have the same expiration date as the tentative map.

3.

Implementation.

a.

A permit or approval shall not be deemed implemented until the applicant has obtained a grading permit and/or building permit and commenced construction, or where no grading or building permit is required, has commenced the allowed use on the subject site in compliance with the approval.

b.

Construction shall be diligently pursued towards completion. If after construction commencement, work is discontinued for a minimum period of two years, the permit or approval shall expire and be deemed void.

c.

If a project is phased, each phase shall be subject to a time limit during which construction must commence. Each subsequent phase shall have the same length of time allowed for the previous phase. The time limit for a subsequent phase shall begin when the previous phase commences construction, unless otherwise specified in the permit of approval.

d.

"Commence construction" shall mean any of the following, whichever occurs soonest:

(i)

Completes a foundation associated with the project;

(ii)

Dedicates any land or easement as required from the approval; or

(iii)

Complies with all legal requirements necessary to commence the use or obtains a Certificate of Occupancy permit.

4.

Lapse of Approved Use. A permit or approval for a use or activity shall be deemed to have lapsed if the following applies:

a.

When the use or activity ceases operation and/or the business closes at the permitted location for a period of at least one year; or

b.

In compliance with Section C.18.030 (Nonconforming Uses) regarding nonconforming uses.

5.

Renewal of an Expired Application. An approved permit or approval which has been allowed to expire shall require the filing of a new application in accordance with the procedures in Section D.2.040.B (Application Process and Fees).

L.

Extension of Time.

1.

Initiation. An application for a Time Extension of a previously approved permit or other approval may be initiated by the applicant who filed the original application or their successor.

2.

Suspension of Expiration. The filing of a Time Extension request shall suspend the actual expiration of the permit or approval until the Time Extension has been acted upon by the Review Authority. No construction permits (e.g., grading or building permits) for the project shall be issued during the period of suspension.

3.

Application Requirements. A Time Extension request shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Section.

4.

Authority. The Director shall make the decision on a Time Extension.

5.

Approval Procedures. After a Time Extension application has been filed with the Department, the Director shall review the application to determine whether it conforms with the provisions of this Section in accordance with Section D.2.040.D (Review of Planning Applications).

6.

Findings. A Time Extension may be granted, with or without conditions, only after the following findings are made:

a.

There have been no changes in circumstances, law, General Plan, or this Title that would preclude the Review Authority from making the findings upon which the original approval was based; or

b.

The original conditions of approval have been modified or new conditions of approval have been imposed as deemed reasonable and necessary to ensure that the permit or approval will remain in compliance with the findings required by this Title; and

c.

The applicant has made a good faith effort to implement the permit or approval and comply with any applicable conditions of approval in a timely manner.

7.

Length of Time Extension. The Review Authority may grant a Time Extension for a period or periods not exceeding two years beyond the expiration date of the original permit or approval, or for as long as any subdivision concurrently approved is extended, whichever is longer.

M.

Revisions to an Approved Project. If an applicant would like to revise or modify an approved permit for a use, structure, or other project, the Director shall determine the level of revision based on criteria, as follows:

1.

Minor Revisions. Minor revisions to approved plans and permits may be approved by the Director if the revisions:

a.

Are consistent with the original findings and conditions of approval;

b.

Do not substantially expand the approved floor area, alter the number or type of dwelling unit(s), or height of a building; and

c.

Would not result in any new or intensified detrimental effects, unless waived by the Director.

2.

Major Revisions. Major revisions to approved plans and permits are any revisions not considered to be minor revisions. Major revisions shall be decided by the same Review Authority as the original approval, and a public hearing shall be required if a public hearing was required for the original approval.

N.

Appeals. Any action by the Director, Zoning Administrator, or Planning Commission in the administration or enforcement of the provisions of this Title may be appealed in accordance with this Section. Failure to meet the deadlines and follow this procedure for appeal shall constitute a failure to exhaust administrative remedies and be sufficient grounds to reject the appeal.

1.

Appeal Bodies.

a.

Decisions of the Director. The Planning Commission is the appeal body for decisions of the Director unless the Zoning Administrator is specifically designated in this Title.

b.

Decisions of the Zoning Administrator. The Planning Commission is the appeal body for decisions of the Zoning Administrator.

c.

Decisions of the Planning Commission. The Council is the appeal body for decisions of the Planning Commission.

2.

Who May File an Appeal. Any interested party may appeal a Review Authority's decision during the appeal period.

3.

Time Limits. Unless otherwise specified by law, the appeal and all documents submitted in support of the appeal, shall be filed in writing within 14 days of the date which the action was taken.

4.

Procedures for Filing an Appeal.

a.

Filing. An application for an appeal shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Section.

b.

Required Information. At minimum, the appeal shall include the following:

(i)

The specific action being appealed and the reason for the appeal;

(ii)

A written description of the specific grounds for the appeal, including why the appellant contends the action is not in accordance with this Title, where there was an error or abuse of discretion, where the record includes inaccurate information, or how a decision is not supported by evidence in the record;

(iii)

A description of how the appellant requests the action be reversed or modified; and

(iv)

The name, address, and telephone number of the appellant or contact person if there are multiple appellants.

5.

Appeal Review. Within three working days of receipt of the appeal, the City Clerk shall examine the appeal, and if it is found to be incomplete, return it by certified mail to the appellant for revision. The appellant shall have five working days to file an amended appeal. Upon failure to file an amended appeal within the five-day period, the appeal shall be deemed withdrawn.

6.

Appeal Hearing and Standards of Review.

a.

The Director, upon the City Clerk finding the application for an appeal to be complete, shall schedule the appeal, together with City staff's report on the appeal, for a public hearing before the appeal body in compliance with Section D.2.040.G (Public Hearings).

b.

When reviewing any decision on appeal, the appeal body shall use the same standards for decision-making required for the original decision. The appeal body shall render an independent judgment but may consider the decision being appealed and the grounds stated for the appeal. The appeal body shall consider all evidence submitted in support of the decision being appealed and, at its discretion, may also hear and consider new evidence, including testimony, that could not with reasonable diligence have been presented to the original Review Authority.

7.

Decision on Appeal. The appeal body may affirm wholly or partly, reverse, or modify the prior decision.

(Ord. No. 38.858, § 4, 9/2/25)

This Chapter provides the procedures for the preparation, filing, and processing of applications for planning permits and other entitlements required by this Title.

(Ord. No. 38.858, § 4, 9/2/25)

A.

Purpose. The purpose of a Site Development Permit (Site Development Permit and Minor Site Development Permit) is to provide a process for the review and approval or denial of development applications for physical improvements to a site based on their scale, proximity to environmentally sensitive resource areas, or unique design features. See Chapter B.22 ("H" Hillside Combining District) for requirements and review procedures for projects within the "H" Hillside Combining District. 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 site planning and design practices;

4.

Encourages individual identity for specific uses and structures;

5.

Encourages a distinct community or neighborhood identity; and

6.

Minimizes adverse visual impacts.

B.

Applicability.

1.

Site Development Permit. A Site Development Permit is required for the projects identified in Table D.4.020-A (Projects Requiring a Site Development Permit).

Table D.4.020-A: Projects Requiring a Site Development Permit

Table Notes:

¹  The Review Authority (decision-making body) is indicated by the column in which the project type is described.

²  See C.2.040.D (Standards for Fences and Walls within the "H" Hillside Combining District) for the Review Authority for fences and walls in the "H" Hillside Combining District.

2.

Minor Site Development Permit. A Minor Site Development Permit is required for the projects identified in Table D.4.020-B (Projects Requiring a Minor Site Development Permit).

Table D.4.020-B: Projects Requiring a Minor Site Development Permit

Table Notes:

¹  The Review Authority (decision-making body) is indicated by the column in which the project type is described.

²  Not located in the "H" Hillside Combining District.

³  See C.2.040.D (Standards for Fences and Walls within the "H" Hillside Combining District) for the Review Authority for fences and walls in the "H" Hillside Combining District.

3.

Exemptions from Site Development Permit. The following projects are exempt from the requirements for Site Development Permit and are only reviewed with an application for a Building Permit, if required:

a.

Multi-family and mixed-use projects that comply with the Milpitas Residential and Mixed-Use Objective Design Standards and are eligible for ministerial review consistent with state law.

b.

Construction, reconstruction, alterations, improvements, and landscaping for a project developed in compliance with a previously issued Site Development Permit.

c.

Any form of repair or maintenance work where the work solely involves the replacement of materials in like kind and form (e.g., re-roof, window replacement, etc.), or to any repair or maintenance work in areas not visible to the public from the public right-of-way or areas accessible to the public.

d.

Routine maintenance that does not result in a change in color, materials, or design.

e.

Installation of landscaping no more than 2,500 square feet in an area where no other construction activity is planned.

f.

Construction of fences and walls that are consistent with Section C.2.040 (Fences, Walls, and Hedges) and this Title.

g.

Alterations and improvements required in whole or part to meet federal or state requirements to accommodate persons with disabilities.

h.

New accessory structures that are exempt from obtaining a Building Permit.

i.

Accessory dwelling units that comply with the standards in Section C.10.030 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

j.

Electric vehicle charging stations within existing parking lots provided they comply with all applicable Building Code standards and Section C.6.090 (Electric Vehicle Charging Spaces). This exemption includes the removal of landscaping to accommodate new electric vehicle charging station ground equipment and new lighting for the safety and security of the charging station.

C.

Application Requirements. A Site Development Permit application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Section.

D.

Authority. The Review Authorities for Site Development Permits and Minor Site Development Permits are identified in Table D.2.030-A (Review Authorities) and Section D.4.020.B (Applicability), subject to Subsection D.2.040.B.3 (Multiple Applications) and Subsection D.2.040.N (Appeals).

E.

Approval Procedures.

1.

Director evaluation. After a proposed Site Development Permit application has been deemed complete, the Director shall review the Site Development Permit application to determine whether it conforms with the provisions of this Title in accordance with Chapter D.2 (Procedures).

2.

Site Development Permits hearing(s). The Review Authority shall conduct a public hearing on a Site Development Permit consistent with Section D.2.040.G (Public Hearings).

3.

Minor Site Development Permits.

a.

Zoning Administrator hearing. The Zoning Administrator shall conduct a public hearing on a Minor Site Development Permit consistent with Section D.2.040.G (Public Hearings).

b.

Director decision. The Director shall approve or deny a Minor Site Development Permit in compliance with the findings provided in Subsection D.4.020.F (Findings).

F.

Findings. The Review Authority may approve a Site Development Permit, with or without conditions of approval, only after making the following findings as applicable:

1.

Findings for All Site Development Permits:

a.

The proposed project is consistent with this Title;

b.

The proposed use and project are consistent with the goals and policies of the General Plan;

c.

The project will not be detrimental to public health, safety, and general welfare; and

d.

The proposed project is in compliance with the provisions of California Environmental Quality Act.

2.

Findings for Specific Projects:

a.

The proposed use and project are consistent with the goals and policies of any Specific Plan, if applicable.

b.

The proposed siting, form, architectural style, materials, and other elements of multi-family residential and mixed-use developments are consistent with City Objective Design Standards.

c.

The proposed siting, form, and architectural style of single-family residential, commercial, and industrial developments are appropriate for the project site and surroundings and create a visually cohesive design, and are consistent with all applicable design standards in this Title.

G.

Decision; Appeals; Expiration, Extensions, and Revisions.

1.

Decision. The Review Authority's decision shall be in compliance with Subsection D.2.040.H (Findings and Decision).

2.

Appeals. The Review Authority's decision may be appealed as provided in Section D.2.040.N (Appeals).

3.

Expiration, Extensions, and Revisions. Site Development Permits are subject to expiration as provided in Subsection D.2.040.K (Expiration of Permits) and may only be extended or revised as provided in Subsection D.2.040.L (Extension of Time) and Subsection D.2.040.M (Revisions to an Approved Project).

(Ord. No. 38.858, § 4, 9/2/25)

A.

Purpose. The purpose of a Use Permit (i.e., Conditional Use Permit (CUP) and a Minor Conditional Use Permit (MC)) is to allow the proper integration into the city of essential or desirable uses which nevertheless may have an impact on the surrounding environment while ensuring that the uses are, and will continue to be, appropriate for their proposed location and compatible with surrounding existing and planned uses. Use Permits are intended to facilitate uses and projects that are sensitive to the community and neighborhoods and minimize impacts on adjacent uses.

B.

Applicability. The use tables in Part B (Zone Regulations) identify the land uses and activities that require a Use Permit.

C.

Application Requirements. A Use Permit application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Section.

D.

Authority. As identified in Table D.2.030-A (Review Authorities), the following are the Review Authorities for Use Permits subject to Subsection D.2.040.B.3 (Multiple Applications) and Subsection D.2.040.N (Appeals).

1.

Conditional Use Permits. The Planning Commission is the Review Authority for Conditional Use Permits.

2.

Minor Conditional Use Permits. Either the Director or the Zoning Administrator is the Review Authority for Minor Conditional Use Permits, as indicated by the notation ("MC" for Zoning Administrator review or "MCS" for Director review) in the use regulations tables in Part B of this Title (Tables B.4.020-A: Residential Zones Use Regulations, B.6.020-A: Commercial Zones Use Regulations, B.8.020-A: Mixed Use Zones Use Regulations, B.10.020-A: Industrial Zones Use Regulations, B.12.020-A: Metro Specific Plan Zones Use Regulations, and B.18.020-A: Other Zones Use Regulations).

E.

Approval Procedures.

1.

Director Evaluation. After a proposed Use Permit application has been deemed complete, the Director shall review the Conditional Use Permit application to determine whether it conforms with the provisions of this Title in accordance with Chapter D.2 (Procedures).

2.

Conditional Use Permits Hearing. The Planning Commission shall conduct a public hearing on a Conditional Use Permit consistent with Section D.2.040.G (Public Hearings).

3.

Minor Conditional Use Permits.

a.

Zoning Administrator hearing. The Zoning Administrator shall conduct a public hearing on a Minor Conditional Use Permit consistent with Section D.2.040.G (Public Hearings).

b.

Director decision. The Director shall approve or deny a Minor Conditional Use Permit in compliance with the findings provided in Subsection D.4.030.F (Findings).

F.

Findings. The Review Authority may approve the Use Permit, with or without conditions of approval, only after making the following findings:

1.

The proposed use is consistent with the goals and policies of the General Plan;

2.

The proposed use is consistent with the goals and policies of any Specific Plan if applicable;

3.

The proposed use is appropriate for the zone in which it is located, is compatible with uses allowed in the zone, and complies with all other applicable provisions of this Title;

4.

The proposed use will not be materially detrimental to the health, safety, and welfare of the public or the property and residents in the vicinity;

5.

The subject site is physically suitable for the use being proposed, including access and utilities;

6.

The design, location, size, and operating characteristics of the proposed use are compatible with existing and reasonably foreseeable future land use and circulation in the vicinity; and

7.

The proposed project is in compliance with the provisions of California Environmental Quality Act.

G.

Decision; Appeals; Expiration, Extensions, and Revisions.

1.

Decision. The Review Authority's decision shall be in compliance with Subsection D.2.040.H (Findings and Decision).

2.

Appeals. The Review Authority's decision may be appealed as provided in Section D.2.040.N (Appeals).

3.

Expiration, Extensions, and Revisions. Use Permits are subject to expiration as provided in Subsection D.2.040.K (Expiration of Permits) and may only be extended or revised as provided in Subsection D.2.040.L (Extension of Time) and Subsection D.2.040.M (Revisions to an Approved Project).

(Ord. No. 38.858, § 4, 9/2/25)

A.

Purpose. This Subsection establishes the procedures for the granting of Temporary Use Permits for short-term activities and uses on privately or publicly owned property with appropriate regulations to ensure that the temporary activities will be compatible with surrounding areas.

B.

Applicability. A Temporary Use Permit allows for the short-term activities described in Section C.10.230 (Temporary Uses and Structures), that may not comply with the normal development or use standards of the applicable zone but would otherwise be acceptable because of their temporary nature.

C.

Application Requirements. A Temporary Use Permit application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Section.

D.

Authority. As identified in Table D.2.030-A (Review Authorities), the Director is the Review Authority for Temporary Use Permits subject to Subsection D.2.040.B.3 (Multiple Applications) and Subsection D.2.040.N (Appeals).

E.

Approval Procedure.

1.

Director Review. After a proposed Temporary Use Permit application has been deemed complete, the Director shall review the Temporary Use Permit application to determine whether it conforms with the provisions of this Title in accordance with Chapter D.2 (Procedures).

2.

Director Decision. The Director shall approve or deny the application in compliance with the findings provided in Subsection D.4.040.G (Findings).

F.

Considerations. In the review of a Temporary Use Permit application, the Director shall consider:

1.

The type and duration of the proposed temporary activity;

2.

Input from other City departments, such as Police, Fire, Public Works, etc.;

3.

The requirements and development standards of the applicable zone in which the temporary use is proposed;

4.

Any applicable standards for the proposed temporary use established in Section C.10.230 (Temporary Uses and Structures) including the length of time the temporary use will be authorized.

G.

Findings. The Director may approve the Temporary Use Permit, with or without conditions of approval, only after finding that:

1.

The temporary activity complies with applicable standards identified in Section C.10.230 (Temporary Uses and Structures); and

2.

Maintenance or operation of the temporary activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the vicinity of the proposed temporary activity.

H.

Decision and Appeals.

1.

Decision. The Review Authority's decision shall be in compliance with Subsection D.2.040.H (Findings and Decision).

2.

Appeals. The Review Authority's decision may be appealed as provided in Section D.2.040.N (Appeals).

3.

Expiration and Revisions. Temporary Use Permits are subject to expiration as provided in Subsection D.2.040.K (Expiration of Permits) and may only be revised as provided in Subsection D.2.040.M (Revisions to an Approved Project).

I.

Post Approval Procedures. Procedures specific to Temporary Use Permits include the following:

1.

Extensions of Temporary Use Permits Prohibited. The term of a Temporary Use Permit may not be extended. Applicants for activities that would exceed the allowed terms identified in Section C.10.230 (Temporary Uses and Structures), shall file for a Conditional Use Permit, rather than a Temporary Use Permit, in compliance with Section D.4.030 (Use Permits), and all other applicable zoning standards.

2.

Required Lapse of Time for Temporary Use Permits. Except for seasonal sales lots, a minimum of 30 days shall pass between the expiration of a Temporary Use Permit and the issuance of a new and similar Temporary Use Permit for the same property, or the actual removal of the materials and structures associated with the former activity, whichever last occurs.

(Ord. No. 38.858, § 4, 9/2/25)

A.

Purpose. The purpose of this Subsection is to enable Minor Deviations from the standards in this Title when these requests constitute a reasonable use of property but are not otherwise permissible under the strict application of this Title. An authorization to approve a Minor Deviation does not extend to making any changes in the uses permitted in any zone.

B.

Applicability. The Zoning Administrator may grant a Minor Deviation from the requirements of this Zoning Ordinance for the following types of modifications:

Table D.4.050-A: Types of Minor Deviations

C.

Application Requirements. A Minor Deviation application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Section.

D.

Authority. As identified in Table D.2.030-A (Review Authorities), the Zoning Administrator is the Review Authority for Minor Deviations subject to Subsection D.2.040.B.3 (Multiple Applications) and Subsection D.2.040.N (Appeals).

E.

Approval Procedures.

1.

Director Evaluation. After a proposed Minor Deviation application has been deemed complete, the Director shall review the Minor Deviation application to determine whether it conforms with the provisions of this Title in accordance with Chapter D.2 (Procedures).

2.

Precedents. A previous Minor Deviation shall not be considered to have set a precedent for the granting of any further Minor Deviations; each case must be considered on its individual merits.

3.

Zoning Administrator Hearing. The Zoning Administrator shall conduct a public hearing on the Minor Deviation consistent with Section D.2.040.G (Public Hearings).

F.

Findings. The Zoning Administrator may approve, with or without conditions, a Minor Deviation application, only after all the following findings are made:

1.

There are special circumstances applicable to the property (e.g., size, shape, topography, location, surroundings, etc.) such that the strict application of this Title could deprive the property of privileges enjoyed by other property in the vicinity and within the same zone;

2.

The Minor Deviation is the minimum departure from the requirements of this Title necessary to grant relief to the applicant;

3.

The Minor Deviation will not be detrimental to the public welfare or injurious to the property or improvements in the vicinity or the zone in which the subject property is located;

4.

Granting the requested Minor Deviation will not detract from the overall appearance of the neighborhood or immediate vicinity and will not impair the provision of adequate light, air, or circulation;

5.

The Minor Deviation, as proposed and conditioned, will achieve the general purposes of this Title or the specific purposes of the zone in which the project is located; and

6.

The Minor Deviation, as proposed and conditioned, is consistent with the General Plan and any Specific Plan, if applicable.

G.

Decision; Appeals; Expiration, Extensions, and Revisions.

1.

Decision. The Review Authority's decision shall be in compliance with Subsection D.2.040.H (Findings and Decision).

2.

Appeals. The Review Authority's decision may be appealed as provided in Section D.2.040.N (Appeals).

3.

Expiration, Extensions, and Revisions. Minor Deviations are subject to expiration as provided in Subsection D.2.040.K (Expiration of Permits) and may only be extended or revised as provided in Subsection D.2.040.L (Extension of Time) and Subsection D.2.040.M (Revisions to an Approved Project).

(Ord. No. 38.858, § 4, 9/2/25)

A.

Purpose. In compliance with California Government Code section 65900 et seq., this Subsection allows for Variances from the development standards of this Title, other than those that may be allowed through the Minor Deviations process, see Section D.4.050 (Minor Deviations), only when, because of special circumstances applicable to the property, the strict application of this Title deprives such property of privileges enjoyed by other property in the vicinity and located in the same zone.

B.

Application Requirements. A Variance application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Section.

C.

Authority. As identified in Table D.2.030-A (Review Authorities), the Planning Commission is the Review Authority for Variances subject to Subsection D.2.040.B.3 (Multiple Applications) and Subsection D.2.040.N (Appeals), except the Council is the Review Authority within the "H" Hillside Combining District in compliance with Chapter B.22 ("H" Hillside Combining District).

D.

Approval Procedures.

1.

Director Evaluation. After a proposed Variance application has been deemed complete, the Director shall review the Variance application to determine whether it conforms with the provisions of this Title in accordance with Chapter D.2 (Procedures).

2.

Precedents. A previous Variance shall not be considered to have set a precedent for the granting of any further Variances; each case must be considered on its individual merits. Nonconforming uses or developments on adjacent properties shall not be considered as grounds for the granting of a Variance.

3.

Planning Commission Hearing. The Planning Commission shall conduct a public hearing on the Variance consistent with Section D.2.040.G (Public Hearings).

E.

Findings. The Planning Commission may approve a Variance, with or without conditions of approval, only after making the following findings:

1.

There are special circumstances applicable to the property, including but not limited to size, shape, topography, location, or surroundings, such that the strict application of this Title deprives the property of privileges enjoyed by other property in the vicinity and under the identical zone;

2.

The Variance does not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and the zone in which the property is located;

3.

The special circumstances applicable to the property were not created by an act of the property owner (e.g., a Variance shall not be granted for a self-imposed hardship);

4.

Granting the Variance would not authorize a use or activity that is not otherwise expressly authorized by the zone governing the property;

5.

Granting the Variance will not be materially detrimental to the public health, safety, or welfare and will not impair an adequate supply of light and air to adjacent properties;

6.

Granting the Variance is consistent with the General Plan and the intent of this Title; and

7.

Granting the Variance is consistent with any Specific Plan, if applicable.

F.

Decision; Appeals; Expiration, Extensions, and Revisions.

1.

Decision. The Review Authority's decision shall be in compliance with Subsection D.2.040.H (Findings and Decision).

2.

Appeals. The Review Authority's decision may be appealed as provided in Section D.2.040.N (Appeals).

3.

Expiration, Extensions, and Revisions. Variances are subject to expiration as provided in Subsection D.2.040.K (Expiration of Permits) and may only be extended or revised as provided in Subsection D.2.040.L (Extension of Time) and Subsection D.2.040.M (Revisions to an Approved Project).

(Ord. No. 38.858, § 4, 9/2/25)

A.

Purpose. This Subsection establishes the permitting process for permanent signs (Major Sign Permit and Minor Sign Permits).

B.

Applicability.

1.

A Major Sign Permit is required for the following permanent signs:

a.

Freestanding signs exceeding 10 feet in height;

b.

Signs within the "H" Hillside Combining District; and

c.

Signs located on a building or site that has been designated as a historical or cultural resource consistent with Milpitas Municipal Code Chapter XI-4 (Cultural Resources Preservation Program).

2.

A Minor Sign Permit is required for any other permanent sign that is not subject to a Major Sign Permit and is not exempt by Subsection C.8.020.G (Exempt Signs).

C.

Application Requirements. A Sign Permit application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Section.

D.

Authority. As identified in Table D.2.030-A (Review Authorities), the following are the Review Authorities for Sign Permits subject to Subsection D.2.040.B.3 (Multiple Applications) and Subsection D.2.040.N (Appeals).

1.

The Planning Commission is the Review Authority for Major Sign Permits, except the Council is the Review Authority for the following:

a.

Signs within the "H" Hillside Combining District in compliance with Chapter B.22 ("H" Hillside Combining District); and

b.

Billboard signs in compliance with Subsection C.8.050.D.2 (Billboard Signs).

2.

The Director is the Review Authority for Minor Sign Permits, except that the Zoning Administrator is the Review Authority for freestanding signs that are greater than six feet in height but do not exceed 10 feet in height.

E.

Approval Procedures.

1.

Director Evaluation. After a proposed Sign Permit application has been deemed complete, the Director shall review the Sign Permit application to determine whether it conforms with the provisions of this Title in accordance with Chapter D.2 (Procedures).

2.

Major Sign Permit Hearing(s). The Review Authority shall conduct a public hearing on the Major Sign Permit application consistent with Section D.2.040.G (Public Hearings).

3.

Minor Sign Permits Decision. The Review Authority shall approve or deny a Minor Sign Permit in compliance with the findings provided in Subsection D.4.070.F (Findings).

F.

Findings. The Review Authority may approve a Sign Permit, with or without conditions of approval, only after making the following findings, based on evidence in the public record:

1.

Findings for all Sign Permits.

a.

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

b.

The sign is consistent with Chapter C.8 (Signs) and this Title;

c.

The sign is consistent with any applicable Master Sign Program;

d.

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

e.

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

f.

The design and materials of the sign provide a contrast between the background and letters, logos, and/or graphics; and

g.

If a freestanding sign is included in the application, the site and building design, scale, or location is appropriate for the use of a freestanding sign, rather than a building-mounted sign.

2.

Additional Findings For Billboards.

a.

The billboard will not create a hazard to vehicular or pedestrian traffic;

b.

All advertising on the billboard will conform to the Outdoor Advertising Act in the California Business and Professions Code section 5200-5486, as applicable, and other applicable state and federal rules and regulations;

c.

The billboard will result in a net positive public benefit to the City; and

d.

The billboard will promote economic development in the City.

G.

Decision; Appeals; Expiration, Extensions, and Revisions.

1.

Decision. The Review Authority's decision shall be in compliance with Subsection D.2.040.H (Findings and Decision).

2.

Appeals. The Review Authority's decision may be appealed as provided in Section D.2.040.N (Appeals).

3.

Expiration, Extensions, and Revisions. Sign Permits are subject to expiration as provided in Subsection D.2.040.K (Expiration of Permits) and may only be extended or revised as provided in Subsection D.2.040.L (Extension of Time) and Subsection D.2.040.M (Revisions to an Approved Project).

(Ord. No. 38.858, § 4, 9/2/25)

A.

Purpose. The purpose of a Sign Program is to establish a method for an applicant to integrate the design and placement of signs within the overall design of a new development project or an existing multi-tenant or mixed-use project. The intent is to ensure design consistency and/or compatibility among individual signs within a multi-tenant property and ensure signs are compatible with the architecture and overall aesthetics of the site and surrounding area. A Sign Program provides a clear prescription of the standards for new and existing signs on the project site and enables consistent and streamlined review, approval, and administration of existing and new signs. Approval of a Sign Program may result in the application of alternative sign standards that supersede the requirements of Chapter C.8 (Signs), except for matters of public safety.

B.

Applicability. A Sign Program is required for the following:

1.

Any new retail, mixed-use, office, or industrial complex that:

a.

Is located on four or more acres;

b.

Has a gross floor area of 40,000 square feet or larger;

c.

Includes a multi-tenant building; or

d.

Has a building more than two stories high.

2.

A new automobile dealership.

3.

At the owner's request, a Sign Program may be requested for the following:

a.

Any existing retail, mixed-use, office, or industrial complex;

b.

An existing multi-family residential building;

c.

An existing automobile dealership; or

d.

An existing building more than two stories high.

C.

Application Requirements. A Sign Program application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Section.

D.

Authority. As identified in Table D.2.030-A (Review Authorities), the Planning Commission is the Review Authority for Sign Programs subject to Subsection D.2.040.B.3 (Multiple Applications) and Subsection D.2.040.N (Appeals), except the Council is the Review Authority within the "H" Hillside Combining District in compliance with Chapter B.22 ("H" Hillside Combining District).

E.

Approval Procedures.

1.

Discretionary Review. While the application for a Sign Program may be reviewed concurrently with another application that is subject to discretionary review, discretionary review must be limited to the review of non-communicative aspects (i.e., time, place, manner, location, size, height, illumination, spacing, and orientation) of the signs proposed in the Sign Program.

2.

Director Evaluation. After a proposed Sign Program application has been deemed complete, the Director shall review the Sign Program application to determine whether it conforms with the provisions of this Title in accordance with Chapter D.2 (Procedures).

3.

Public Hearing(s). The Review Authority shall conduct a public hearing on the Sign Program consistent with Section D.2.040.G (Public Hearings).

F.

Findings. The Review Authority may approve a Sign Program, with or without conditions of approval, only after making the following findings, based on evidence in the public record:

1.

The provisions of the Sign Program are consistent with the intent of the General Plan, Chapter C.8 (Signs) of this Title, and any Specific Plan, if applicable;

2.

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

3.

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

4.

The provisions of the Sign Program address compatibility of the design and style of new signs with the site layout, building configuration, and design and architectural style of building(s).

G.

Decision; Appeals; Expiration, Extensions, and Revisions.

1.

Decision. The Review Authority's decision shall be in compliance with Subsection D.2.040.H (Findings and Decision).

2.

Appeals. The Review Authority's decision may be appealed as provided in Subsection D.2.040.N (Appeals).

3.

Expiration and Extensions. Approved Sign Programs shall not expire.

4.

Revisions or Amendments. Sign Programs may only be revised or amended as provided in Subsection D.2.040.M (Revisions to an Approved Project); however, major revisions or amendments to a Sign Program may be approved by the Zoning Administrator unless the Sign Program is within the "H" Hillside Combining District.

(Ord. No. 38.858, § 4, 9/2/25)

A.

Purpose. This Subsection establishes the permitting process for Temporary Sign Permits consistent with Chapter C.8 (Signs).

B.

Applicability. A Temporary Sign Permit is required for temporary signs allowed consistent with Section C.8.070 (Standards for Portable Signs and Temporary Signs).

C.

Application Requirements. A Temporary Sign Permit application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Section.

D.

Authority. As identified in Table D.2.030-A (Review Authorities), the Director is the Review Authority for Temporary Sign Permits subject to Subsection D.2.040.B.3 (Multiple Applications) and Subsection D.2.040.N (Appeals).

E.

Approval Procedures.

1.

Director Review. After a proposed Temporary Sign Permit application has been deemed complete, the Director shall review the Temporary Sign Permit application to determine whether it conforms with the provisions of this Title in accordance with Chapter D.2 (Procedures).

2.

Director Decision. The Director shall approve or deny the application in compliance with the findings provided in Subsection D.4.090.F (Findings).

F.

Findings. The Director may approve a Temporary Sign Permit, with or without conditions of approval, only after finding the Temporary Sign Permit to be consistent with Chapter C.8 (Signs), this Title, and any Specific Plan, if applicable.

G.

Decision; Appeals; Expiration, Extensions, and Revisions.

1.

Decision. The Review Authority's decision shall be in compliance with Subsection D.2.040.H (Findings and Decision).

2.

Appeals. The Review Authority's decision may be appealed as provided in Section D.2.040.N (Appeals).

3.

Duration and Revisions. Temporary Sign Permits may be displayed for the length of time provided in Section C.8.070 (Standards for Portable Signs and Temporary Signs). and may only be revised as provided in Subsection D.2.040.M (Revisions to an Approved Project).

(Ord. No. 38.858, § 4, 9/2/25)

A.

Purpose. The purpose of the Home Occupation Permit is to allow for the conduct of businesses within places of residence and to prescribe the conditions under which limited nonresidential activities may be conducted when incidental to residential activities.

B.

Applicability. Section C.10.120 (Home Occupations) identifies requirements for uses and activities that are allowed and require a Home Occupation Permit.

C.

Application Requirements. A Home Occupation Permit application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Section.

D.

Authority. As identified in Table D.2.030-A (Review Authorities), the Director is the Review Authority for Home Occupation Permits subject to Subsection D.2.040.B.3 (Multiple Applications) and Subsection D.2.040.N (Appeals).

E.

Approval Procedures.

1.

Director Review. After a proposed Home Occupation Permit application has been deemed complete, the Director shall review the Home Occupation Permit application to determine whether it conforms with the provisions of this Title in accordance with Chapter D.2 (Procedures).

2.

Director Decision. The Director shall approve or deny the application in compliance with the findings provided in Subsection D.4.100.F (Findings).

F.

Findings. The Director shall approve a Home Occupation Permit, with or without conditions of approval, if it is determined that the proposed home occupation would:

1.

Be consistent with the General Plan and any Specific Plan, if applicable;

2.

Be consistent with the standards of this Title for the subject zone;

3.

Be consistent with the home occupation criteria and standards of Section C.10.120 (Home Occupations); and

4.

Be consistent with all other applicable provisions of the Milpitas Municipal Code and applicable laws.

G.

Decision; Appeals; Expiration, Extensions, and Revisions.

1.

Decision. The Review Authority's decision shall be in compliance with Subsection D.2.040.H (Findings and Decision).

2.

Appeals. The Review Authority's decision may be appealed as provided in Section D.2.040.N (Appeals).

3.

Expiration, Extensions, and Revisions. Home Occupation Permits are subject to expiration as provided in Subsection D.2.040.K (Expiration of Permits) and may only be extended or revised as provided in Subsection D.2.040.L (Extension of Time) and Subsection D.2.040.M (Revisions to an Approved Project).

(Ord. No. 38.858, § 4, 9/2/25)

A.

Purpose. This Subsection establishes the procedures to request Reasonable Accommodation for persons with disabilities seeking equal access to housing under the California Fair Employment and Housing Act, the Federal Fair Housing Act, and the Americans with Disabilities Act ("the Acts") in the application of zoning law and other land use regulations, policies, procedures, and conditions of approval. A Reasonable Accommodation is typically an adjustment to physical design standards to accommodate the placement of wheelchair ramps or other exterior modifications to a dwelling in response to the needs of a disabled resident.

B.

Applicability.

1.

Eligible Applicants. A request for Reasonable Accommodation may be made by any person with a disability, their representative, or any other entity, when the application of this Title or other land use regulations, policy, or procedure acts as a barrier to fair housing opportunities.

2.

Definitions. A person with a disability is a person who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment as further defined under 42 U.S.C. section 12102, commonly known as the Americans with Disabilities Act, and under applicable state law.

3.

Eligible Request. A request for Reasonable Accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

C.

Application Requirements. A Reasonable Accommodation application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Section.

D.

Authority. As identified in Table D.2.030-A (Review Authorities), the Director is the Review Authority for Reasonable Accommodation applications subject to Subsection D.2.040.B.3 (Multiple Applications) and Subsection D.2.040.N (Appeals).

E.

Approval Procedures.

1.

Director Review. After a proposed Reasonable Accommodation application has been deemed complete, the Director shall review the Reasonable Accommodation application to determine whether it conforms with the provisions of this Title in accordance with Chapter D.2 (Procedures).

2.

Director Decision. The Director shall make a written determination within 45 days of the application being deemed complete and either approve, modify, or deny a request for Reasonable Accommodation in compliance with Subsection D.4.110.F (Findings).

F.

Findings. The Review Authority may approve, approve with conditions, or deny the request for Reasonable Accommodation based on the following findings:

1.

The housing, which is the subject of the request, will be used by an individual defined as disabled under the Acts;

2.

The Reasonable Accommodation is necessary to make specific housing available to an individual with a disability;

3.

The Reasonable Accommodation would not impose an undue financial or administrative burden on the City;

4.

The Reasonable Accommodation would not require a fundamental alteration in the nature of a City program or law; and

5.

There are no alternatives to the requested waiver or exception that could provide an equivalent level of benefits to the applicant without the requested accommodation or with a lesser deviation from standards.

G.

Decision; Appeals; Expiration, Extensions, and Revisions.

1.

Decision. The Review Authority's decision shall be in compliance with Subsection D.2.040.H (Findings and Decision).

2.

Appeals. The Review Authority's decision may be appealed as provided in Section D.2.040.N (Appeals).

3.

Expiration, Extensions, and Revisions.

a.

Reasonable Accommodations are subject to expiration as provided in Subsection D.2.040.K (Expiration of Permits); however, a Reasonable Accommodation granted shall terminate if the recipient of the accommodation requested no longer resides on the property.

b.

Reasonable Accommodations may only be extended or revised as provided in Subsection D.2.040.L (Extension of Time) and Subsection D.2.040.M (Revisions to an Approved Project).

(Ord. No. 38.858, § 4, 9/2/25)

A.

Purpose. This Subsection establishes the procedures for the granting of Special Event Permits for special events with appropriate regulations to ensure that special events will not cause any detrimental effects to surrounding properties and the community.

B.

Definitions. Terms used in this Section are defined Chapter E.2 (Definitions of Terms).

C.

Applicability.

1.

General. A Special Event Permit is required for special events on private property and public streets, sidewalks, alleys, and ways; City parks; public places; and public rights-of-way consistent with this Subsection. No special event may be conducted without a Special Event Permit or other authorization from the City (e.g., lease or contract terms) unless otherwise allowed by this Title or exempt from a Special Event Permit. Certain recurring events require a Conditional Use Permit consistent with Subsection D.4.120.F.1.a (Recurring special events).

2.

Special Event Permit Thresholds. Special events shall be identified in accordance with the following thresholds:

a.

Minor events.

(i)

Fewer than 250 participants or attendees;

(ii)

Takes place on a single day; and

(iii)

No street closures or amplified sound.

b.

Regular events.

(i)

Between 250 and 1,000 participants or attendees;

(ii)

Between one and four consecutive days (including set up and tear down);

(iii)

With or without amplified sound; and

(iv)

Block parties on a residential street (see Milpitas Municipal Code V-100-13.05).

c.

Major events.

(i)

More than 1,000 participants or attendees anticipated;

(ii)

Between four and seven consecutive days, including set up and tear down (permits for events exceeding seven days may be granted at the Director's discretion);

(iii)

With or without amplified sound; and

(iv)

Requires street closures (other than block parties on a residential street).

d.

Recurring events.

(i)

Recurring special events (up to four events per calendar year). Applicant may request a one-time review and issuance of a Special Event Permit for events which occur up to four times per calendar year for a permissible duration of four consecutive days for each recurring event; and

(ii)

Annual events. Applicant may request a Special Event Permit good for up to three years for special events that will be held annually, for up to three consecutive years in the same location. The applicant must demonstrate that the same event location, layout, date and times are adhered to for each event.

3.

Exemptions from Special Event Permit. The following activities are exempt from obtaining a Special Event Permit:

a.

Activities on a street conducted by a governmental agency acting within the scope of its authorized functions.

b.

A simple assembly gathering of people at a park, plaza, or paseo that is open to the public, provided that it meets the following requirements:

(i)

The gathering does not meet the definition of a Minor, Regular, or Major special event as described in Subsection D.4.120.C.2 (Special Event Permit Thresholds;

(ii)

It involves fewer than 150 participants;

(iii)

It does not involve the placement or use of equipment or temporary structures;

(iv)

No Fire, Engineering, or Building permits are required;

(v)

It does not include amplified sound; and

(vi)

It remains in compliance with all applicable regulations, including but not limited to the capacity limits of the applicable area of the park, plaza, or paseo.

(vii)

Park rental for the purpose of a private party that is not open to the general public.

(viii)

Private gatherings and parties typically held at a private residence or Community Assembly facility that do not involve amplified sound, are not incompatible with the generally intended use of the property, and have little to no impact on the neighborhood or community.

(ix)

First Amendment events located in public spaces, including public parks, plazas, and sidewalks.

(x)

The annual National Night Out event sponsored by the Milpitas Police Department.

D.

Application Requirements.

1.

General. A Special Event Permit application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Section.

2.

Filing Times.

a.

A complete application shall be filed not less than 70 business days before the proposed date of the special event except as provided below:

(i)

For an event that requires a street closure on more than one public street, requires significant detouring which affects significant number or businesses or residences, or requires an encroachment permit from Caltrans, a Special Event Permit shall be filed not less than 180 business days before the proposed date of the special event.

(ii)

For non-exempt First Amendment events, processions, or parades (i.e., that are not exempt under Subsection D.4.120.C.3 (Exemptions from Special Event Permit)) that do not involve street closures, vehicles, floats, or use of equipment other than hand-held equipment, an application for a Special Event Permit shall be filed not less than 14 business days before the proposed date of the special event.

b.

Permit applications that do not comply with the filing times in this Subsection may be subject to additional fees arising as a direct result of the late submission. The Director shall have the authority to consider, approve, or deny any application for a Special Event Permit which is not filed according to the filing times in this Subsection.

3.

Fees. The City may, at the City Manager's discretion, waive the Special Event Permit fee when a non-exempt First Amendment event is proposed, and the applicant cannot afford to pay the Special Event Permit fee as documented by the applicant at the time of the Special Event Permit application.

4.

Other Required Permits. An applicant for a Special Event Permit is responsible for obtaining all other City and County permits required for the proposed event.

E.

Authority. As identified in Table D.2.030-A (Review Authorities), the Director is the Review Authority for Special Events Permits subject to Subsection D.2.040.B.3 (Multiple Applications) and Subsection D.2.040.N (Appeals).

F.

Approval Procedure.

1.

Director Review. After a proposed Special Event Permit application has been deemed complete, the Director shall review the Special Event Permit application to determine whether it conforms with the provisions of this Title in accordance with Chapter D.2 (Procedures).

a.

Recurring special events. A one-time review Special Event Permit may be issued for recurring special events provided there would be no more than four events per calendar year and each event is no more than four consecutive days. Events occurring more than four times in the same location may be allowed subject to a Conditional Use Permit.

b.

Annual events. A Special Event Permit may be issued for up to three years for special events that will be held annually for up to three consecutive years in the same location.

2.

Review and Decision. Special Event Permits that are deemed complete shall be issued on a first-come, first-served basis. The Director shall approve, conditionally approve, or deny a Special Event Permit.

3.

Director Decision.

a.

The Director shall approve or deny the application in compliance with the findings provided in Subsection D.4.120.J (Findings) and this Subsection.

b.

In determining whether to approve a Special Event Permit application, no consideration may be given to the message of the event, the content of the speech, the identity or associational relationships of the applicant or its members or affiliates, or to any assumptions or predictions as to the amount of support or hostility which may be aroused in the public by the content of the speech or the message conveyed during the event.

G.

Standards and Requirements for Special Events.

1.

Duration. The maximum duration of a single special event is seven consecutive calendar days (including set up and tear down), with a minimum of 14 calendar days between different events held at the same site).

2.

Noise and Amplified Sound. Special events shall be conducted in compliance with the City's Noise Ordinance (Milpitas Municipal Code Chapter V-213 (Noise Abatement)) and the terms of an Amplified Sound Permit issued by the Police Department, if applicable.

H.

Conditions.

1.

Any conditions of approval must be reasonable requirements concerning the time, place, or manner of holding the special event as is necessary to coordinate multiple uses of public property; assure preservation of public property and public spaces; prevent dangerous, unlawful, or prohibited uses; prevent excessive noise or other nuisances, especially in residential areas; ensure the availability of sufficient City personnel as needed; protect the safety of persons and property; and to control vehicular and pedestrian traffic in and around the venue; provided that such requirements shall not be imposed in a manner that will unreasonably restrict expressive or other activity protected by the California or United States Constitutions.

2.

As a condition of the Special Event Permit, the permittee shall provide the Director with proof of insurance no later than 15 days prior to the special event, and the insurance shall remain in full force and effect throughout the term of the special event; however, this is not required for the following:

a.

Any special event where the requirement for insurance is prohibited by law; or

b.

Non-exempt First Amendment events that do not present any objective, substantial risk, hazard, or danger to the public health and safety, as identified by the City Manager, who shall consider the reasonably foreseeable consequences of the event. Applicants seeking approval of non-exempt First Amendment events which, due to their design or schedule, do present an objective, substantial risk, hazard, or danger to the public health or safety, must comply with the insurance requirements and enter into a hold harmless agreement consistent with Subsection D.4.120.I (Indemnification and Hold Harmless).

I.

Indemnification and Hold Harmless. The Special Event Permit permittee must agree in writing to indemnify and hold the City, its officers, agents and employees, harmless from and against any and all liability and losses incurred from the conduct of permittee or its officers, employees, and agents, except this shall not apply to First Amendment events unless the non-exempt First Amendment event permittee has elected to provide the indemnification in lieu of providing the insurance required by Subsection D.4.120.H (Conditions).

J.

Findings. The Director may approve the Special Event Permit, with or without conditions of approval consistent with Subsection D.4.120.H (Conditions), only after finding that:

1.

The proposed use of the property is not governed by or subject to any other permit procedures provided elsewhere in this Title or other applicable laws, rules, or regulations which have not been completed at the time the Special Event Permit application is submitted;

2.

With sufficient traffic controls and conditions, the special event will not create a threat to public safety;

3.

In order to protect the health and safety of the public, the special event will not conflict with construction in the public right-of-way or at a public facility;

4.

The special event will not require the diversion of public safety or other City employees from their normal duties so as to unreasonably reduce adequate levels of service to any other portion of the City;

5.

The concentration of persons, animals or vehicles will not unreasonably interfere with the movement of police, fire, ambulance, and other public safety or emergency vehicles on the streets;

6.

The special event will not unreasonably interfere with any other special event for which a permit has already been granted or with the provision of City services in support of other scheduled events or scheduled government functions;

7.

The proposed use, event or activity will not have a significant adverse environmental impact;

8.

The proposed use, event or activity does not present a substantial or unwarranted safety, noise, or traffic hazard;

9.

The proposed special event will be consistent with the regulations established for each potential venue with regard to size, type of activity, available time period, and frequency of events; and

10.

For parades, the parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays enroute in order to limit the impacts on the flow of traffic through the City.

K.

Decision and Appeals.

1.

Decision. The Director's decision shall be in compliance with this Subsection and Subsection D.2.040.H (Findings and Decision).

2.

Appeals. The Director's decision may be appealed as provided in Section D.2.040.N (Appeals), with the following exceptions:

a.

A written request for a hearing to appeal the Director's decision on a Special Event Permit must be received no later than 10 calendar days after the date of the decision.

b.

If the decision to deny, revoke, or impose conditions on a Special Event Permit is issued five or fewer business days prior to the proposed event, notice of the decision provided to the applicant or permittee must include the time, date, and location of the appeal hearing.

c.

Notwithstanding the above provisions, if a decision to deny or revoke a Special Event Permit issued for a non-exempt First Amendment event is less than 30 calendar days from the date of the proposed event, any appeal shall proceed immediately to a court of competent jurisdiction. The decision shall become final unless a written request for hearing is received within the time limits set forth in this Subsection.

L.

Denial and Revocation.

1.

Denial and General Revocation. The Director shall deny or revoke a Special Event Permit if the Director finds any of the following:

a.

Fraud, misrepresentation or any false statement contained in the application for a Special Event Permit, including without limitation, in carrying out the special event in a way not consistent with the application;

b.

Failure to comply with the provisions of this Subsection D.4.120 (Special Event Permits), including applicable permit filing time;

c.

Failure to comply with the conditions of the Special Event Permit, including without limitation, failure to timely pay applicable fees and City charges, provide indemnification or insurance certificate or security deposit within the times required, or failure to comply with all other permit requirements, licensing requirements, or regulations required to conduct the activities described as part of the special event in the permit application or any amendment to the application;

d.

The special event venue or any substantial portion of the venue is not available due to fire, casualty, act of God, emergency maintenance activity or public emergency;

e.

The proposed event will conflict with a previously scheduled event organized by the City for use of the special event venue, or with a special event or other permitted use previously approved to be held at the special event venue;

f.

The proposed event, as designed, will unreasonably impede, obstruct, impair, or interfere with reasonable access to adjacent properties and the applicant will not agree to redesign the proposed event so as to allow reasonable access to the adjacent properties;

g.

The special event venue, including but not limited to the proposed areas for assembly or disbanding of parades, cannot physically accommodate the number of participants expected to participate and/or the items necessary or proposed to support the event;

h.

The proposed activity or event will violate a federal, state, or local law or regulation; or

i.

One or more of the findings specified in Subsection D.4.120.J (Findings) is not met.

2.

Immediate Revocation.

a.

Any Special Event Permit may be revoked on the day of the special event without prior written notice and without a hearing, if the Council, the City Manager, the Director, the Fire Marshal, or the Chief of Police determines that:

(i)

Revocation is in the interest of the immediate public health or safety because of fire, casualty, act of God, or a public emergency; or

(ii)

The permittee is in violation of the provisions of this Subsection or the terms of the Special Event Permit.

b.

The grounds for revocation shall be communicated at the time notice is provided. The permittee, immediately upon receipt of the notification that the Special Event Permit has been revoked, shall cease the activity and shall commence restoring the special event venue to its condition prior to the activity.

M.

Other Post Approval Procedures.

1.

Final Special Event Permit Approval.

a.

If the Director has issued a Conditional Special Event Permit, the permittee shall submit the final event plans and demonstrate all permit conditions have been satisfied at least 10 business days prior to the event. If the permittee does not submit verification that the permit conditions have been met within the applicable deadline specified in this Subsection, the Special Event Permit will be deemed revoked.

b.

At the discretion of the Director an extension of the deadline for submission of final event plans or verification of permit conditions may be granted.

2.

Amendment of an Approved Special Event Permit.

a.

If a permittee desires to change the location, time, or duration or other significant aspect of the description of an event subject to a Special Event Permit, the permittee shall apply for an amendment to the Special Event Permit.

b.

A Special Event Permit amendment application must be filed with the Director no later than 15 business days in advance of the special event.

c.

The Director shall grant, deny, or approve with conditions, the Special Event Permit amendment no later than seven business days of receipt of the amendment application.

d.

The provisions in Subsection D.4.150.K (Decision and Appeals) apply to all applications for Special Event Permit amendments.

3.

A copy of the Special Event Permit shall be presented to any City official upon request.

4.

It shall be unlawful for a person to place any booth, table, chair, stool, structure, vehicle, or piece of equipment in any area for which a Special Event Permit has been issued, without the consent of the permittee, unless the person is acting under the direction and control of the City.

5.

Upon conclusion of a special event, the City shall send an invoice to the permittee for all fees and charges still due to the City, for the cost of services provided by City departments and for the cost to the City of any cleaning and/or repairs to the special event venue made necessary by the permittee's use. The permittee shall be responsible for the actual costs of cleaning and repairs made necessary by the permittee's use of the special event venue.

(Ord. No. 38.858, § 4, 9/2/25)

The procedures for Short-Term Rental Permits are described in Section C.10.200 (Short-Term Rentals).

(Ord. No. 38.858, § 4, 9/2/25)

This Chapter establishes procedures to amend the Zoning Map, commonly referred to as a "rezone" or "rezoning", and to amend the text of this Title in accordance with California Government Code section 65853 et seq.

(Ord. No. 38.858, § 4, 9/2/25)

A.

Initiation. A Zoning Map amendment or Zoning Ordinance text amendment (Zoning Amendment) may be initiated by at least one of the following:

1.

Council. A majority vote of the Council;

2.

Planning Commission. A majority vote of the Planning Commission;

3.

Property Owner. An application from the property owner or authorized agent of the property who seeks to have their parcel rezoned. If the property is under more than one ownership, all owners or the authorized agents shall join in filing the application; or

4.

Majority of Owners of Area. The owners of 50 percent or more of the area of all the property sought to be rezoned.

B.

General Plan Amendment Required. Amendments to zone boundaries or the text of this Title that are not consistent with the General Plan must be accompanied by a General Plan Amendment application in accordance with Chapter D.8 (General Plan Amendments).

C.

Urgency Measure. Without following the procedures otherwise required prior to the adoption of new zoning regulations, the Council may adopt an Interim Zoning Ordinance as an urgency measure in compliance with California Government Code section 65858, in which case the standards of this Chapter shall not apply. The Interim Zoning Ordinance shall require a four-fifths vote of the Council for adoption.

(Ord. No. 38.858, § 4, 9/2/25)

A.

Filing. A Zoning Amendment application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures), and this Chapter.

B.

Responsibility. It is the responsibility of the applicant to provide the necessary information in support of the findings required by Section D.6.050 (Findings).

(Ord. No. 38.858, § 4, 9/2/25)

A.

Director Evaluation. After a proposed Zoning Amendment has been filed with the Department, the Director shall review the Zoning Amendment to determine whether it conforms with the provisions of this Chapter in accordance with Subsection D.2.040.D (Review of Planning Applications).

B.

Public Hearings.

1.

Planning Commission Hearing. The Planning Commission shall conduct a public hearing on the Zoning Amendment consistent with Subsection D.2.040.G (Public Hearings) and shall forward a recommendation to the Council.

2.

Council Hearing.

a.

Council shall conduct a public hearing on the Zoning Amendment consistent with Subsection D.2.040.G (Public Hearings).

b.

The Council's action to approve the Zoning Amendment shall be by ordinance.

(Ord. No. 38.858, § 4, 9/2/25)

A Zoning Amendment may be approved only after all of the following findings are made, as applicable to the type of Zoning Amendment:

A.

Findings for All Zoning Amendments.

1.

The proposed Zoning Amendment is consistent with and conforms to the goals and policies of the General Plan;

2.

The proposed Zoning Amendment is consistent with and conforms to the goals and policies of any Specific Plan, if applicable;

3.

The proposed Zoning Amendment will not be detrimental to the public interest, health, safety, convenience, and general welfare;

4.

The proposed Zoning Amendment is in compliance with the provisions of California Environmental Quality Act;

5.

When considering a reduction of residential density, ensure compliance with California Government Code section 65863 by either finding that the remaining sites identified in the Housing Element are adequate to accommodate the City's share of the regional housing need or by identifying sufficient additional, adequate, and available sites with an equal or greater density so that there is no net loss in residential density; and

6.

The proposed Zoning Amendment would not result in a net loss of potential housing units.

B.

Additional Findings.

1.

Zoning Ordinance Text Amendments. The proposed Zoning Amendment is internally consistent with other applicable provisions of this Title.

2.

Zoning Map Amendments.

a.

The affected site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire, medical, etc.) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, etc.), to accommodate the uses and development densities or intensities allowed in the proposed new zone; and

b.

If located within or adjacent to residential areas, the requested zone change is compatible with the character of the residential neighborhood.

(Ord. No. 38.858, § 4, 9/2/25)

If an ordinance intended to change the zoning designation of land through a Zoning Amendment as provided in this Chapter is not adopted by a second reading within one year of the date of its introduction by a first reading, then the Zoning Amendment application shall be deemed to have expired (without notice to the applicant). The unadopted ordinance shall not then be capable of adoption by a second reading except as follows:

A.

Upon recommendation of the Planning Commission, the Council may grant an extension of time for the second reading and adoption not to exceed one year subject to all of the following:

1.

No more than one extension for the Zoning Amendment may be granted;

2.

The extension must be granted by the Council within one year of the date of introduction of the original ordinance; and

3.

The Council may impose new conditions of approval upon the Zoning Amendment.

B.

The provisions of this Section shall not be construed to prevent a subsequent application for a Zoning Amendment on the same land or the subsequent introduction of a new ordinance for a Zoning Amendment to change the zone designation of the land.

(Ord. No. 38.858, § 4, 9/2/25)

A Zoning Amendment shall become effective 30 days following the date the Council adopts the ordinance.

(Ord. No. 38.858, § 4, 9/2/25)

The purpose of this Chapter is to establish the procedures required for the adoption or amendment of the General Plan, including the General Plan land use map.

(Ord. No. 38.858, § 4, 9/2/25)

A General Plan Amendment may be initiated in the same manner as a Zoning Amendment, see Section D.6.020 (Applicability).

(Ord. No. 38.858, § 4, 9/2/25)

A General Plan Amendment application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures), and the requirements of this Chapter.

(Ord. No. 38.858, § 4, 9/2/25)

A.

Director Evaluation. After a proposed General Plan Amendment has been filed with the Department, the Director shall review the General Plan Amendment to determine whether it conforms with the provisions of this Chapter in accordance with Section D.2.040.D (Review of Planning Applications).

B.

Public Hearings.

1.

Planning Commission Hearing. The Planning Commission shall conduct a public hearing on the General Plan Amendment consistent with Section D.2.040.G (Public Hearings) and shall forward a recommendation to the Council.

2.

Council Hearing.

a.

Council shall conduct a public hearing on the General Plan Amendment consistent with Section D.2.040.G (Public Hearings).

b.

Modifications by Council.

(i)

The Council may modify any General Plan Amendment recommended by the Planning Commission by making non-substantive changes without first referring the matter to the Planning Commission for a report and recommendation. However, any substantive change proposed by the Council that was not discussed by the Planning Commission shall be referred back to the Commission recommendation consistent with California Government Code section 65356 for a report and recommendation.

(ii)

When the Council has referred a matter back to the Planning Commission, it shall report back to the Council within 45 days after the date of the Council referral unless the Council specifically allows for a longer period of time for the Planning Commission report and recommendation. Where action cannot be taken within 45 days by the Planning Commission, a longer period of time may be requested and the Council may at its discretion grant the request. Although no additional public hearing shall be required, the Planning Commission may at its discretion hold a public hearing prior to a report and recommendation on any matter referred to it by the Council.

c.

The Council's action to approve the General Plan Amendment shall be by resolution.

(Ord. No. 38.858, § 4, 9/2/25)

A General Plan Amendment may be approved only after all of the following findings are made:

A.

The proposed General Plan Amendment is internally consistent with all other provisions of the General Plan;

B.

Approval of the proposed General Plan Amendment would not result in the General Plan being amended more frequently than four times per calendar year consistent with California Government Code section 65358.

C.

The proposed General Plan Amendment serves the public necessity, convenience, and general welfare;

D.

The proposed General Plan Amendment is in compliance with California Environmental Quality Act requirements;

E.

When considering a reduction of residential density, the proposed General Plan Amendment is in compliance with California Government Code section 65863 either based on a finding that the remaining sites identified in the Housing Element are adequate to accommodate the City's share of the regional housing need or based on identifying sufficient additional, adequate, and available sites with an equal or greater density so that there is no net loss in residential density; and

F.

The proposed General Plan Amendment would not result in a net loss of potential housing units.

A.

A General Plan Amendment shall be adopted by resolution of the Council, in compliance with California Government Code section 65453, only after all of the findings contained in Section D.8.050 (Findings) are made. A General Plan Amendment shall be adopted by an affirmative vote of a majority of the total membership of the Council.

B.

The Council's action to amend the General Plan shall become effective on the actual date the Council renders the decision.

(Ord. No. 38.858, § 4, 9/2/25)

This Chapter establishes the procedures for the preparation, processing, and adoption of Specific Plans in accordance with California Government Code section 65450 et seq.

(Ord. No. 38.858, § 4, 9/2/25)

A.

When Required. When required by the Council, the General Plan, or this Title to systematically implement the General Plan for any part of the city, a Specific Plan shall be prepared, processed, approved, and implemented in compliance with this Chapter.

B.

Initiation. An application for a Specific Plan may be initiated in the same manner as a Zoning Amendment, see Section D.6.020 (Applicability).

C.

Effect of Specific Plan. The regulations provided by an adopted Specific Plan shall replace those of the current or underlying zone or zones, and the development standards and/or design standards or guidelines identified in the Specific Plan shall take precedence over the general standards included in this Title and any adopted design standards or guidelines.

(Ord. No. 38.858, § 4, 9/2/25)

A.

Filing. A Specific Plan application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Chapter.

B.

Required Information. An application for a Specific Plan shall be accompanied by the information and materials required in the City's application form. At a minimum, a Specific Plan application shall include:

1.

Proposed Land Uses. The distribution, location, and extent of land uses proposed within the area covered by the Specific Plan, including open space areas;

2.

Infrastructure. The proposed distribution, location, extent, and intensity of major components of public and private circulation/transportation, sewage, water, drainage, solid waste disposal, energy, utilities, and other essential facilities to be located within the Specific Plan area and needed to support the proposed land uses;

3.

Land Use and Development Standards. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable;

4.

Implementation Measures. A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the proposed land uses, infrastructure, and development and conservation standards and criteria; and

5.

Relationship to General Plan. A statement of the relationship of the Specific Plan to the General Plan.

(Ord. No. 38.858, § 4, 9/2/25)

A.

General. A Specific Plan application shall be processed in the same manner as required for General Plans by Government Code section 65350 et seq., and consistent with this Chapter.

B.

Director Evaluation. After a proposed Specific Plan application has been filed with the Department, the Director shall review the Specific Plan to determine whether it conforms with the provisions of this Chapter in accordance with Subsection D.2.040.D (Review of Planning Applications).

C.

Public Hearings.

1.

Planning Commission Hearing. The Planning Commission shall conduct a public hearing on the Specific Plan consistent with Section D.2.040.G (Public Hearings) and shall forward a recommendation to the Council.

2.

Council Hearing. Council shall conduct a public hearing on the Specific Plan consistent with Section D.2.040.G (Public Hearings).

(Ord. No. 38.858, § 4, 9/2/25)

The Council may adopt a Specific Plan, with or without conditions, only after all of the following findings are made:

A.

That the Specific Plan is consistent with the General Plan and other adopted goals and policies of the City;

B.

The proposed Specific Plan is in compliance with California Environmental Quality Act requirements;

C.

When considering a reduction of residential density, ensure compliance with California Government Code section 65863 by either finding that the remaining sites identified in the Housing Element are adequate to accommodate the City's share of the regional housing need or by identifying sufficient additional, adequate, and available sites with an equal or greater density so that there is no net loss in residential density; and

D.

The proposed Specific Plan would not result in a net loss of potential housing units.

(Ord. No. 38.858, § 4, 9/2/25)

A Specific Plan shall be adopted by resolution of the Council, in compliance with California Government Code section 65453, only after all of the findings contained in Section D.10.050 (Findings) are made. A Specific Plan shall be adopted by an affirmative vote of a majority of the total membership of the Council.

(Ord. No. 38.858, § 4, 9/2/25)

A.

Development within a Specific Plan Area. After the adoption of a Specific Plan, subsequent projects to implement the Specific Plan may be approved or adopted within an area covered by the Specific Plan only if first found to be consistent with the Specific Plan, including public works projects or development approvals (e.g., Tentative Map, Conditional Use Permit, Site Development Permit, etc.).

B.

Specific Plan Fee. The Council may impose a Specific Plan fee surcharge on development permits within the Specific Plan area, in compliance with California Government Code section 65456.

C.

Amendments.

1.

An adopted Specific Plan may be amended through the same procedure specified by this Chapter for the adoption of a Specific Plan.

2.

An adopted Specific Plan may be amended as often as deemed necessary by the Council, in compliance with California Government Code section 65453.

(Ord. No. 38.858, § 4, 9/2/25)

The purpose of Planned Unit Developments is to provide for one or more properties to be developed under a plan that provides for better coordinated development and incorporates development standards crafted to respond to site conditions to:

A.

Provide flexibility by allowing diversification in regulations such as building relationships, setbacks, height limitations, lot sizes, parking, and the amount and location of open space;

B.

Ensure substantial compliance with and implement the land use and density policies of the General Plan and any applicable Specific Plan; and

C.

Allow for creative development projects that incorporate design features that are more sensitive to site conditions and provide greater amenities than would likely result from conventionally-planned development.

This Chapter establishes the procedures for the review and processing of an application for a Planned Unit Development.

(Ord. No. 38.858, § 4, 9/2/25)

A.

A minimum area of a Planned Unit Development shall be one acre; however, a Planned Unit Development may be adopted for an area of less than one contiguous acre upon a finding that the property is suitable as a Planned Unit Development by virtue of its relationship to adjacent parcels and their development plans (existing or proposed) or unique characteristics of the site.

B.

Planned Unit Developments shall not be allowed within the Milpitas Metro Specific Plan or Midtown Specific Plan areas.

C.

Development standards that are proposed to deviate from the conventional zone regulations shall be prescribed in the Planned Unit Development. Where a Planned Unit Development is silent regarding particular development standards, the development standards of the applicable base zone shall apply.

(Ord. No. 38.858, § 4, 9/2/25)

A.

Filing. A Planned Unit Development application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures), and this Chapter.

B.

Required Information. An application for a Planned Unit Development shall be accompanied by the information and materials required in the City's application form. At a minimum, a Planned Unit Development application shall include:

1.

Proposed land uses, building locations and square footage, density, and floor area ratios;

2.

Proposed parks, open spaces, landscape areas, and public art;

3.

Proposed pedestrian, bicycle, and vehicular circulation;

4.

General Plan and zoning consistency analysis;

5.

An identification of deviations requested from applicable base zone development standards and requirements;

6.

An explanation or demonstration of why the requested deviation(s) would result in a more desirable development than would otherwise be permitted under the applicable base zone standards; and

7.

Any significant public benefit(s) the project would provide to the community.

(Ord. No. 38.858, § 4, 9/2/25)

A.

Director Evaluation. After a proposed Planned Unit Development has been filed with the Department, the Director shall review the Planned Unit Development to determine whether it conforms with the provisions of this Chapter in accordance with Section D.2.040.D (Review of Planning Applications).

B.

Public Hearings.

1.

Planning Commission Hearing. The Planning Commission shall conduct a public hearing on the Planned Unit Development consistent with Section D.2.040.G (Public Hearings) and shall forward a recommendation to the Council.

2.

Council Hearing. Council shall conduct a public hearing on the Planned Unit Development consistent with Section D.2.040.G (Public Hearings).

(Ord. No. 38.858, § 4, 9/2/25)

An application for a Planned Unit Development may be approved, with or without conditions, only after all the following findings are made:

A.

The proposed Planned Unit Development is consistent with and conforms to the goals and policies of the General Plan;

B.

The proposed Planned Unit Development will not be detrimental to the public interest, health, safety, convenience, and general welfare;

C.

The proposed Planned Unit Development is in compliance with the provisions of California Environmental Quality Act;

D.

When considering a reduction of residential density, ensure compliance with California Government Code section 65863 by either finding that the remaining sites identified in the Housing Element are adequate to accommodate the City's share of the regional housing need or by identifying sufficient additional, adequate, and available sites with an equal or greater density so that there is no net loss in residential density;

E.

The proposed Planned Unit Development would not result in a net loss of potential housing units;

F.

The affected site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire, medical, etc.) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, etc.) to accommodate the type, scale, and intensity of proposed development;

G.

If located within or adjacent to residential areas, the requested changes to base zone regulations are compatible with the character of the residential neighborhood;

H.

All new development standards for the proposed project that deviate from the base zoning standards are warranted by the design and amenities incorporated into the project; and

I.

The proposed project is demonstratively superior to the development that could occur under the standards applicable to the underlying base zone(s) and will provide superior community design, environmental preservation, and/or substantial public benefit to the community.

(Ord. No. 38.858, § 4, 9/2/25)

A.

After a Planned Unit Development has been adopted by the Council, the Planned Unit Development shall be noted on the Zoning Map.

B.

Plans for a project in a Planned Unit Development must be consistent with the approved Planned Unit Development plan and any conditions of approval.

(Ord. No. 38.858, § 4, 9/2/25)

This Chapter establishes procedures for the review of Development Agreements, in compliance with California Government Code section 65864 et seq. A Development Agreement is a mutually agreed upon contract between an applicant and the City that provides benefit to both parties. Through a Development Agreement, the City can receive greater community benefits that it could otherwise achieve under this Title, the Milpitas Municipal Code, and state law.

(Ord. No. 38.858, § 4, 9/2/25)

Only an applicant who has a legal or equitable interest in the real property which is the subject of the Development Agreement, as determined in the sole discretion of the Director, may file an application to enter into a Development Agreement with the City.

(Ord. No. 38.858, § 4, 9/2/25)

A.

Filing. A Development Agreement application shall be prepared, filed, and processed in compliance with Chapter D.2 (Procedures) and this Chapter.

B.

Required Information.

1.

All lawfully required documents, information, and materials shall accompany the application. The Director may require an applicant to submit additional information and supporting data as is necessary to evaluate and process the application.

2.

An application for a Development Agreement shall be accompanied by maps, plans, reports, development and performance standards, schematic drawings, or other documents deemed necessary by the Director to sufficiently detail or illustrate intended or permitted uses and their location on the property, the density or intensity of use, and the maximum size and height of structures as appropriate to evaluate the application request. This information may be included in a Specific Plan or other type of application.

C.

Form of Agreement. Each application shall be accompanied by the form of Development Agreement acceptable to the City Attorney. All documents required, including the agreement and any attachments and exhibits, shall be suitable for recordation as determined by the City.

(Ord. No. 38.858, § 4, 9/2/25)

A.

Director Evaluation. After a proposed Development Agreement has been filed with the Department, the Director shall review the Development Agreement to determine whether it conforms with the provisions of this Chapter.

B.

Public Hearings.

1.

Planning Commission Hearing. The Planning Commission shall conduct a public hearing on the Development Agreement consistent with Section D.2.040.G (Public Hearings) and shall make a recommendation to the Council.

2.

Council Hearing.

a.

Council shall conduct a public hearing on the Development Agreement consistent with Section D.2.040.G (Public Hearings).

b.

If the Council approves a Development Agreement, the approval shall be implemented through the adoption of an ordinance containing the findings required by Section D.14.050 (Findings).

(Ord. No. 38.858, § 4, 9/2/25)

The Council may approve a Development Agreement, with or without conditions, only after the following findings are made:

A.

The Development Agreement is consistent with the goals, policies, general land uses, and programs specified in the General Plan;

B.

The Development Agreement is consistent with any Specific Plan, if applicable;

C.

The Development Agreement and accompanying development maps, plans, and other supporting information are compatible with the uses authorized in, and the performance and development standards prescribed for, the zone in which the subject parcel or site is located;

D.

The Development Agreement is in conformity with and will promote public convenience, general welfare, and good land use and development practices;

E.

The Development Agreement shall be shown to be of greater benefit to the community than development absent the Development Agreement;

F.

The term or duration of the Development Agreement has a commensurate relationship to the benefit(s) provided;

G.

The Development Agreement contains the mandatory provisions specified in California Government Code section 65865.2 and any other terms required by Council; and

H.

The Development Agreement complies with all other applicable requirements of California Government Code section 65864 et seq.

(Ord. No. 38.858, § 4, 9/2/25)

No later than 10 days after the ordinance approving a Development Agreement takes effect, the City Manager shall execute the Development Agreement, and the City Clerk shall record the Development Agreement with the County Recorder in compliance with California Government Code section 65868.5.

(Ord. No. 38.858, § 4, 9/2/25)

A.

Requirement for Annual Review. Every Development Agreement approved and executed in compliance with this Chapter shall be subject to periodic review every 12 months or less by the City during the full term of the agreement. The burden of proof shall be on the applicant, contracting party, or successor in interest to demonstrate compliance in good faith to the terms and conditions of the agreement to the full satisfaction of, and in a manner prescribed by, the City.

B.

Initiation of Review. The applicant, contracting party, or successor in interest shall initiate annual review by submitting a written statement to the Director describing their good faith substantial compliance with the terms and conditions of the agreement for the prior year.

C.

Fees. Appropriate fees to cover the City's cost to conduct the annual reviews shall be collected from the applicant, contracting party, or successor in interest prior to completion of each annual review. These fees may be established in the Development Agreement or by the City consistent with Milpitas Municipal Code Chapter IV-3 (Fee and Service Charge Revenue/Cost Comparison System).

D.

Determination upon Review. The Director shall review the materials furnished by the applicant, contracting party, or successor in interest to determine upon the basis of substantial evidence whether or not the applicant has, for the period under review, complied in good faith with the terms and conditions of the Development Agreement.

1.

Finding of Compliance. If the Director, based on substantial evidence, determines that the applicant is in compliance with the provisions of the Development Agreement, the Director shall deliver a report of the determination to the Council and then no further action is required.

2.

Finding of Noncompliance. If the Director finds the applicant has not complied with the provisions of the Development Agreement, the Director shall issue a finding of noncompliance. The Director shall specify in writing to the applicant the respects in which the applicant has failed to comply with the Development Agreement and shall set forth terms of compliance and specify a reasonable time for the applicant to meet the terms of compliance. If the applicant does not comply with any terms of compliance within the prescribed time limits, the Development Agreement shall be subject to termination or modification in accordance with this Chapter.

3.

Appeal of Determination. Within 10 days after issuance of a finding of noncompliance, any interested person may file a written appeal of the finding with the Council as described in Section D.2.040.N (Appeals). The appellant shall specify the reasons for the appeal. The issuance of a finding of compliance or finding of noncompliance by the Director and the expiration of the appeal period without appeal, or the confirmation by the Council of the issuance of the finding on the appeal, shall conclude the review for the applicable period. The determination shall be final.

(Ord. No. 38.858, § 4, 9/2/25)

A.

A Development Agreement may be amended or canceled, in whole or in part, by mutual consent of the parties to the agreement or their successors in interest in compliance with California Government Code section 65868. The City shall have notice of the amendment, modification or termination recorded with the County Recorder's office.

B.

If, upon a finding under Subsection D.14.070.D.2 (Finding of Noncompliance), the City determines to proceed with modification or termination of a Development Agreement, the City shall give notice to the applicant of its intention to do so. The procedure for modifying or terminating a Development Agreement is the same as the procedure for entering into a Development Agreement as specified in this Chapter. If the City modifies or terminates a Development Agreement in compliance with this Chapter, the City shall have notice of the noncompliance recorded with the County Recorder's office.

(Ord. No. 38.858, § 4, 9/2/25)

A.

Unless otherwise provided by the Development Agreement, the rules, regulations, and official policies governing permitted uses of the land, density, design, improvement, and construction standards and specifications, applicable to development of the property subject to a Development Agreement, are the rules, regulations, and official policies in force at the time of execution of the Development Agreement.

B.

Unless specifically provided in the Development Agreement, the Development Agreement does not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property under the Development Agreement, nor does a Development Agreement prevent the City from conditionally approving or denying any subsequent development project application on the basis of existing or new rules, regulations, and policies.

(Ord. No. 38.858, § 4, 9/2/25)

This Chapter establishes provisions for enforcement of this Title and any conditions of a permit or approval, to promote the City's planning efforts, and for the protection of the public health, safety, and welfare. This Chapter puts all persons on notice of the proceedings and penalties involved if any provision of this Title is violated.

(Ord. No. 38.858, § 4, 9/2/25)

All departments, officials and public employees of the City are vested with the duty or authority to issue permits shall conform to the provisions of this Chapter and shall not issue a permit or license for uses, buildings, or purposes in conflict with the provisions of this Title. Any permit or license issued in conflict with the provisions of this Title shall be null and void.

(Ord. No. 38.858, § 4, 9/2/25)

A.

It shall be the duty of the Director to enforce the provisions of this Title on any use of land or structures, and the addition, alteration, moving, construction, erection, or reconstruction of or to any structure.

B.

The Director, in consultation as needed with the Fire Chief, Building Official, Police Department, or other Code Enforcement Officials may conduct any investigation necessary to determine whether persons are complying with this Title, including the terms, conditions, mitigation measures, or project descriptions incorporated into any permit, approval, or clearance issued in accordance with this Title.

(Ord. No. 38.858, § 4, 9/2/25)

A.

It shall be unlawful for any person to violate any of the provisions of this Title. Any person convicted of violating any of the provisions of this Title shall, upon conviction, be punished by a fine not-to-exceed the sum of $1,000 or by imprisonment in the County Jail not to exceed six months or by both a fine and imprisonment.

B.

Each day that a violation of this Title continues shall be considered a separate offense.

C.

Any use of a premises or a building which deviates from or violates any of the provisions of this Title shall be termed an illegal occupancy and the person or persons responsible shall be subject to the penalties as provided in this Section.

(Ord. No. 38.858, § 4, 9/2/25)

The following is unlawful and shall be declared a public nuisance:

A.

Violation of, or noncompliance with, any term, condition, mitigation measure, or project description incorporated into any permit, approval, or clearance granted in accordance with this Title.

B.

Any building or structure, set up, erected, altered, built, converted, moved, reconstructed, or demolished, and any use of property contrary to the provisions of this Title.

C.

Any sign or sign structure erected, constructed, maintained, marked, posted, pasted, painted, printed, altered, or repaired in violation of the provisions of this Title.

D.

Any sign or sign structure after a permit or Variance has been revoked or expired and which is determined to be unsafe and so as to constitute an immediate peril to persons or property, or has been placed upon public property without written permission of the Director.

(Ord. No. 38.858, § 4, 9/2/25)

A.

Issuance of Stop Work Order. The Building Official may issue an order to stop work to prohibit further construction activity on any development, excavation, building, or structure on any land on which there is an uncorrected violation of a provision of this Title or of a permit or other form of authorization issued in accordance with this Title. The Building Official may also order work to be stopped in the event the activity is being conducted without having obtained a required permit or approval.

B.

Serving of Stop Work Order. The Stop Work Order shall be served by posting a copy on the premises where the violation is located, or which is the subject of the permit or approval issued by the City. In addition, a copy of the Stop Work Order shall be personally served on the owner or responsible person or mailed to the owner or responsible person at the address shown on the current Department records or records pertaining to the permit or other approval issued by the City. The Stop Work Order shall become effective immediately upon posting.

C.

Correction of Violation. After posting of a Stop Work Order, no person shall perform any act in violation of the terms of the Stop Work Order, except the actions as are determined by the Director, Fire Chief, Building Official, or other Code Enforcement Official to be necessary to correct the violation or to render the premises safe and secure, until the violation has been corrected to the satisfaction of the person serving the Stop Work Order.

(Ord. No. 38.858, § 4, 9/2/25)

A.

Modifications, Revocation, and Suspension. The Council, Planning Commission, or Director may initiate the review of a permit or approval (including, but not limited to, a Conditional Use Permit, Variance, or Site Development Permit) for the purpose of deciding whether modification, revocation, or suspension of the permit or approval is needed, only after written notice of a violation or public nuisance is mailed to the holder of the permit or approval.

1.

Planning Commission Action.

a.

After initiation, a public hearing before the Planning Commission shall be noticed and held in compliance with Section D.2.040.F (Public Hearing Notice) and Section D.2.040.G (Public Hearings).

b.

After the public hearing has been closed, the Planning Commission may modify, revoke, or suspend the permit or approval unless City Council action is required by law. See Subsection D.18.070.A.2 (Council Action) below.

2.

Council Action.

a.

If Council action is required by law, after the Planning Commission public hearing has been closed, the Planning Commission shall recommend to the Council, by resolution, whether the permit or approval shall be modified, revoked, or suspended.

b.

Following receipt of a recommendation on the permit or approval from the Planning Commission, a public hearing before the Council shall be noticed and held in compliance with Section D.2.040.F (Public Hearing Notice) and Section D.2.040.G (Public Hearings).

c.

After the public hearing has been closed, the Council may modify, revoke, or suspend the permit or approval.

B.

General Findings for Modifications/Revocation/Suspension. A permit or approval may be modified, revoked, or suspended if any of the following conditions exist:

1.

Conditions of approval of the permit or approval are being violated or are not being satisfied;

2.

The application contained incorrect, false, or misleading information;

3.

The permit or approval is being exercised in a manner that constitutes a public nuisance; or

4.

The permit or approval is being exercised in a manner which is contrary to the public health, safety, and welfare.

(Ord. No. 38.858, § 4, 9/2/25)

A.

Notification of Nuisance. Whenever the Director determines that any property within the city is being maintained contrary to one or more of the provisions of this Chapter, written notice ("Notice to Abate") shall be given to the owner/occupant(s) of the property stating the section(s) being violated. The notice shall set forth a reasonable time limit, in no event less than or equal to 30 days, for correcting the violation(s) of this Title. The Director may also set forth suggested methods of correcting the violation(s) unless he or she determines that the condition constitutes a threat to the health and safety of any person, in which event, the Director may designate a shorter time limit for correcting the violation(s). The notice shall be served upon the owner/occupant in accordance with provisions of Section D.18.080.D (Notice of Hearing), covering service in person or by mail.

B.

Exception for Undue Hardship. The notice shall also inform the owner/occupant (excluding an owner acting in a capacity of landlord of rental property) that, upon written request of the owner/occupant submitted within seven days of the "Notice to Abate," the City Manager, in their sole discretion, may allow for a time limit in excess of 30 days for correcting the violation in cases where strict enforcement of the time limit would result in an undue hardship on the owner/occupant. In the written request, the owner/occupant shall state the reasons why strict enforcement of the time limit would result in an undue hardship.

C.

Administrative Hearing to Abate Nuisance. In the event the owner/occupant fails, neglects, or refuses to comply with the "Notice to Abate," the City Manager shall conduct an administrative hearing to ascertain whether the violation constitutes a public nuisance.

D.

Notice of Hearing. Notice of the administrative hearing shall be served upon the owner/occupant not less than seven days before the time fixed for the hearing. Notice of the hearing shall be served in person or by certified mail to the owner/occupant's last known address. Service shall be deemed complete at the time notice is personally served or deposited in the mail. Failure of any person to receive notice shall not affect the validity of any proceedings hereunder. The notice shall identify the date of the hearing, the conditions in violation, and the proposed method of abatement. Notice that substantially complies with the format provided below shall be deemed sufficient:

FIGURE D.18.080-1: NOTICE OF ADMINISTRATIVE HEARING ON ABATEMENT OF NUISANCE FORMAT

E.

Administrative Hearing by City Manager.

1.

At the time stated in the notice, the City Manager shall hear and consider all relevant evidence, objections, or protests, and shall receive testimony relative to the alleged public nuisance and to proposed rehabilitation, repair, removal, or abatement of the property. The hearing may be continued from time to time.

2.

If the City Manager finds that a public nuisance exists and that there is sufficient cause to rehabilitate, abate, remove, or repair the public nuisance, the City Manager shall prepare findings and an order, which shall specify the nature of the nuisance, the method(s) of abatement, and the time within which the work shall be commenced and completed. A copy of the findings and order shall be served on all owner/occupants of the subject property in accordance with the provisions of Section D.18.080.D (Notice of Hearing). In addition, a copy of the findings and order shall be conspicuously posted on the property. The order shall include the time within which the owner/occupant shall complete the work, in no event less than 15 days.

3.

In the event the owner/occupant fails to abate the nuisance as ordered, the City Manager shall cause the nuisance to be abated by City employees or private contract. The costs shall be billed to the owner/occupant, as specified in Section D.18.090 (Cost Recovery). In appropriate circumstances, the City Manager shall request the City Attorney to obtain all necessary judicial approval for entry onto the subject premises for abatement purposes.

F.

Hearing Procedure Before City Manager. All hearings shall be recorded.

1.

Hearings need not be conducted according to the technical rules of evidence.

2.

Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in California. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions in courts of competent jurisdiction in this state.

3.

Irrelevant and unduly repetitious evidence shall be excluded.

G.

Appeal of Decision by City Manager. The decision of the City Manager may be appealed to the Council in conformance with the provisions of Milpitas Municipal Code Section I-20-5 (Appeals to Council).

H.

Limitation on Filing Judicial Action. Any judicial action appealing the Council's decision and order shall be commenced within 30 days of the date of service of the decision.

I.

Summary Abatement of Immediate Hazard or Obstruction. The City Manager may, without notice, abate the nuisance and recover the cost of abatement as provided in Section D.18.090 (Cost Recovery) in the event of:

1.

A nuisance defined by statute, ordinance, or resolution as a public nuisance which constitutes an immediate danger to persons or property;

2.

A nuisance defined by statute, ordinance, or resolution as a public nuisance which is located or maintained on public property including, but not limited to, any public right-of-way, highway, sidewalk, easement, park, or building; or

3.

Any obstruction or encroachment to free passage upon any public property (which is declared to be a public nuisance) including, but not limited to, any public right-of-way, highway, easement, sidewalk, park or building.

Summary abatement may include the temporary removal to a safe location of persons placed in immediate danger from a public nuisance. In this event, the City shall be entitled to recover all costs related to the removal, including, but not limited to, storage of possessions and rental of living accommodations, as well as any other recoverable cost provided in Section D.18.090 (Cost Recovery).

(Ord. No. 38.858, § 4, 9/2/25)

A.

Recovery of Costs. This Section establishes procedures for the recovery of administrative costs, as well as attorneys' fees and costs, incurred by the City in the enforcement process, for the abatement of conditions defined as a nuisance or violation by Milpitas Municipal Code Chapter XI-21 (Administrative Citations).

B.

Definition of Costs. For the purposes of this Chapter, "costs" shall mean administrative costs, including City staff time expended and reasonably related to nuisance abatement cases, for items including, but not limited to, investigation, site inspection and monitoring, testing, reports, telephone contacts, correspondence and meetings with affected parties, as well as all attorneys' fees incurred in accordance with any action, administrative proceeding, or special proceeding to abate the nuisance including, but not limited to, filing fees and fees for witnesses. In accordance with California Government Code section 38773.5(a), where the City seeks to recover attorneys' fees at the initiation of any action or proceeding, a prevailing opposing party may recover its reasonable attorneys' fees to the extent that the amount of the fees does not exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding.

C.

Cost Accounting and Recovery Required. The City shall maintain records of all costs incurred by responsible City departments associated with the enforcement process in accordance with this Chapter and shall recover the costs from the property owner/occupant as provided by this Section.

D.

Notice of Cost Recovery Requirements. The City Manager shall include in the "Notice to Abate" a statement of the intent of the City to charge the property owner/occupant for all costs incurred by the City if the violation is not corrected as required. The notice shall state that the property owner/occupant will receive at the conclusion of the enforcement case a summary of enforcement costs associated with the processing of the case.

E.

Collection of Charges. Costs of recovery shall be recoverable as provided in this Chapter.

(Ord. No. 38.858, § 4, 9/2/25)

A.

Record of Cost of Abatement. The City Manager shall keep an account of the costs, as defined in Subsection D.18.090.B (Definition of Costs), for abating the nuisance on each separate lot or parcel of land where the work is done by the City and shall render an itemized report in writing showing the cost of abatement, including the rehabilitation or repair of the property, including any related salvage value. A copy of the report shall be posted for at least five days upon the property, together with a notice of the right to appeal to the City Manager. A copy of the report and notice shall be served upon the owner/occupants of the property, based on the last equalized assessment roll or the supplemental roll, whichever is more current. If the owner/occupant of record, after diligent search, cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of 10 days and publication published in a newspaper of general circulation in the county in which the property is located. Proof of the posting and service shall be made by affidavit filed with the City Clerk. The owner/occupant shall have 30 days from the date upon which the notice is served to reimburse the City for its costs or to otherwise make arrangements for repayment, to which the City, in its sole discretion, may agree.

B.

Assessment and Lien.

1.

The total cost for abating the nuisance, as so confirmed by the City Manager, shall, upon failure to pay the costs as specified in Subsection D.18.100.A (Record of Cost Abatement) constitute a lien or special assessment in accordance with California Government Code section 38773.1, 38773.2, 38773.5, or 38773.6 against the respective lot or parcel of land to which it relates. After confirmation and recordation of a Notice of Special Assessment, a certified copy of the City Manager's decision shall be filed with the Santa Clara County Assessor's Office on or before August 1 of each year, whereupon it shall be the duty of the County Assessor to add the amounts of the respective assessments to the next regular tax bills levied against the respective lots and parcels of land for municipal purposes and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided of ordinary municipal taxes. All laws applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to the special assessments. Upon recordation in the Office of the County Recorder, a Notice of Lien, as so made and confirmed, shall constitute a lien on the property and from the date of recording shall have the force, effect, and priority of a judgment lien.

2.

In the alternative, after recordation, the lien may be foreclosed by an action brought by the City for a money judgment or by any other means provided by law. A Notice of Lien for recordation shall be in form substantially as follows:

FIGURE D.18.100-1: NOTICE OF LIEN FORMAT

In the event that the lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the amount of the lien, the name of the agency on whose behalf the lien was imposed, the date of the abatement order, the public right-of-way address, legal description, and the name and address of the recorded owner/occupant of the property shall be recorded by the governmental agency. A nuisance abatement and the release of the lien shall be indexed in the grantor-grantee index.

(Ord. No. 38.858, § 4, 9/2/25)

A.

Amount of Interest on City Liens and Assessments-Findings. The Council finds and declares that the establishment of an interest accrual requirement as to unpaid City liens and assessments upon real property which are of record with the Santa Clara County Recorder is a necessary and appropriate exercise of the Council's police power.

B.

Accrual of Interest on Liens and Assessments. Unless otherwise prohibited by law or regulation, all liens and assessments which are imposed by the City against any real property located in the City that are recorded on and after the effective date of this regulation shall accrue interest at the rate of eight percent annually until the lien or assessment, including any accrued interest, is paid in full.

(Ord. No. 38.858, § 4, 9/2/25)

A.

Alternative Actions Available; Violation and Infraction. Nothing in this Chapter shall be deemed to prevent the Council from ordering the commencement of a civil proceeding to abate a public nuisance in accordance with applicable law or from pursuing any other remedy available under applicable law. Violation of the provisions of this Chapter constitutes an infraction, as set forth in Milpitas Municipal Code Subsection I-1-4.09 (Penalty Provisions). The City Manager is designated as the enforcement authority.

B.

Additional Costs of Abatement. The Council provides that a court may order the owner/occupant of property responsible for a condition that may be abated in accordance with this Chapter to pay three times the costs of abatement in accordance with California Government Code section 38773.7 upon the entry of a second civil court judgment for violation of this Chapter within a two-year period.

C.

Residential Rental Housing. The notice sent to the owner/occupant of residential rental housing in accordance with Subsection D.18.080.A (Notification of Nuisance) shall contain the statement required by California Health and Safety Code section 17980 regarding the application of California Revenue and Taxation Code section 17274 and section 24436.5, which allow the Franchise Tax Board to deny state income tax deductions to taxpayers who fail to bring substandard residential rental property into compliance with this Chapter.

(Ord. No. 38.858, § 4, 9/2/25)

The remedies provided in this Chapter shall be cumulative and not exclusive and are in addition to any other remedies as provided by law. The City's use or exercise of one remedy shall not preclude the City from using or exercising any other remedy as may be allowed by law.

(Ord. No. 38.858, § 4, 9/2/25)