The General Plan details the goals, objectives and policies for the City's commercial zones, including provisions for a range of retail and office uses necessary to support the daily needs of residents of and visitors to Milpitas. It is the purpose of this section to implement the General Plan's vision for the commercial zones through development of regulations that allow for a variety of retail and office uses, while creating distinct commercial areas that are compatible with their surrounding environment.

A.

Administrative and Professional Office (CO) Zone. The purpose and intent of this zone is to provide a district for medical, business, and professional offices, and medical and dental clinics.

B.

Neighborhood Commercial (C1) Zone. The purpose and intent of this zone is to provide for general commercial needs of neighborhood areas of the City and to promote stable, attractive commercial development which will afford a pleasant shopping environment and will complement the essential residential character of the neighborhood. The Neighborhood Commercial District shall contain, as permitted uses, those activities which primarily provide for the day-to-day shopping needs of the residential neighborhood it is located in. It shall not include uses which generate loud noises or unpleasant odors. It shall not include retail stores, offices or service establishments which are not open to minors or which are designed to attract customers and traffic from areas other than the neighborhood area in which they are located.

C.

General Commercial (C2) Zone. The purpose and intent of this zone is to provide for the wide range of retail sales and personal and business services primarily oriented to the automobile customer to provide for general commercial needs of the City and to promote stable, attractive commercial development which will afford a pleasant shopping environment. It is intended to include those commercial uses in which shopping may be conducted by people walking to several stores as in a center and may include uses customarily of a single-purpose character served from an immediately parked automobile. Special development standards are incorporated in the district regulations in order to provide for orderly development and to minimize potential traffic hazards. The C2 District, when appropriate, will be located along major thoroughfares and in accordance with the adopted City of Milpitas General Plan.

D.

Highway Services (HS) Zone. The purpose and intent of this zone is to provide for the wide range of personal and business services primarily oriented to the automobile customer and transient residential uses such as motels or mobile home parks. It is intended to include those commercial uses which customarily located outside of the Central Business District area and tend to require lots with well-maintained grounds. The highway service uses listed are of a relatively low customer volume. Special development standards are incorporated in the district regulations in order to provide for orderly development and to minimize potential traffic hazards. The HS District, when appropriate, will be located along State highways and major City thoroughfares and in accordance with the adopted City of Milpitas General Plan.

E.

Town Center (TC) Zone. The purpose and intent of this zone is to provide for an area that supports a wide range of administrative, business, entertainment, dining, and cultural activities in the geographic center of the City to suit the varying lifestyles of residents and visitors alike. The area is easily accessible via the City's transportation network.

(Ord. No. 38.820, § 3, 4/7/15; Ord. No. 38.803, § 6, 4/17/12; Ord. No. 38.797, § 2, 10/5/10; Ord. No. 38.789, § 8, 4/21/09)

A.

Permitted and Conditionally Permitted Uses.

1.

Primary uses. The uses identified in Table 5.02-1, Commercial Zone Uses, shall be the primary uses allowed to occur on a property. All uses except for those noted shall be conducted within enclosed structures. The primary uses identified in Table 5.02-1 shall be permitted or conditionally permitted, as indicated:

B.

Prohibited Uses. The following uses are prohibited:

1.

Uses where the symbol "NP" appears within Table 5.02-1.

2.

Uses that have been excluded from Table 5.02-1, unless they are found by the City to be similar to permitted or conditionally permitted uses in accordance with C below.

3.

Any residential uses in the Town Center Zone shall strictly be prohibited provided residential uses constructed on or before February 17, 2015 or any project securing an approved tentative map or site development permit for construction of residential uses on or before February 17, 2015 shall be exempt from this prohibition and Milpitas Zoning Code Section 56, Nonconforming Buildings and Uses.

C.

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

Table XI-10-5.02-1
Commercial Zone Uses

When intended to serve the occupants and patrons of the permitted use (office, etc.) and conducted and entered from within the building and provided there is no exterior display of advertising.

²  Copy/quick-printing shops and mailbox rental facilities shall be permitted in the CO, C1, and TC zones. All other uses classified as Business Support Services shall not be permitted in these zones.

³  Provided that all incidental equipment and supplies, including fertilizer and empty cans, are kept within a building.

⁴  When located on the ground floor, retail sales of products related to the Personal Services provided shall be offered at the front of the premises near the pedestrian entrance and shall comprise at least 10 percent of the floor area of the business establishment.

⁵  Refer to XI-10-5.04, Commercial Zone Special Development Standards, of this Chapter.

⁶  In accordance with the Title III, Chapter 4, Adult Business Ordinance, and Subsection 13.04, Adult Businesses, of this Chapter.

⁷  Massage establishments are subject to Title III, Chapter 6 of the Milpitas Municipal Code and Subsection XI-10-13.16 of this title. Refer to Subsection XI-10-13.16, of this Title, for special provisions for massage establishments.

⁸  For conditionally permitted uses, refer to Subsection 57.04(C) (9), Certain Industrial Uses within Commercial Districts, of this Chapter.

⁹  Refer to Subsection 57.03, Site Development Permits and Minor Site Development Permits, of this Chapter.

¹⁰  Indoor or outdoor music is permitted as an accessory use on the same parcel in conjunction with a restaurant or bar that is a principal permitted use or approved conditional use in the C1, C2, and TC zones. See also Subsection XI-10-5.04(E) for additional regulations.

¹¹  Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter.

¹²  Refer to XI-10-13.14, Special Uses, Emergency Shelters, of this Chapter.

¹³  Refer to XI-10-13.13, Special Uses, Single Room Occupancy Residences, of this Chapter.

¹⁴  Refer to Subsection XI-10-6.02-2, Special Uses, of this Chapter, for standards. Service stations shall follow the "General development policy: Gasoline service stations, and automotive service centers" adopted by the City Council on December 19, 1995.

¹⁵  Not including warehouses on the same site as the permitted use.

¹⁶  No tract sign shall be permitted within 600 feet of a Santa Clara County Expressway.

¹⁷  Refer to Section 13.11, Temporary Uses and Structures, of this Chapter.

(Ord. No. 38.848, § 6, 11/15/22; Ord. No. 38.847, § 6, 8/16/22; Ord. No. 38.845, § 6, 6/21/22; Ord. No. 38.839, § 6, 12/3/19; Ord. No. 38.837, § 6, 11/5/19; Ord. No. 38.820, § 3, 4/7/15; Ord. No. 38.816, § 3, 9/2/14; Ord. No. 38.813, § 2, 4/1/14; Ord. No. 38.810, § 5, 12/3/13; Ord. No. 38.808, § 3, 5/21/13; Ord. No. 38.803, § 6, 4/17/12; Ord. No. 38.797, § 3, 10/5/10; Ord. No. 38.795, § 20, 4/6/10; Ord. No. 38.792, § 3, 8/4/09; Ord. No. 38.789, § 8, 4/21/09)

The following minimum requirements shall be observed, except where increased for conditional uses. The minimum requirement shall be one of the following for the district classification as designated on the zoning map.

Table XI-10-5.03-1
Commercial Zone Development Standards

¹ Refer to Subsections XI-10-5.04(D) and XI-10-57.04(C)(1) of this Chapter for additional requirements.

² For properties that are located within 500 feet of the boundary of a Single Family Residential (R1) or One and Two-Family Residential (R2) zone, the maximum height of a primary building shall be limited to 30 feet or 2.5 stories.

³ The Planning Commission shall determine the size of the planters through site and architectural review.

(Ord. No. 38.846, § 5, 10/19/22; Ord. No. 38.803, § 6, 4/17/12; Ord. No. 38.797, § 4, 10/5/10; Ord. No. 38.792, § 4, 8/4/09; Ord. No. 38.789, § 8, 4/21/09)

A.

All Zones.

1.

Areas for Collecting and Loading Recyclable Materials. There shall be provided areas for collecting materials in accordance with Subsection 54.12, Areas for collecting and loading recyclable materials, of this Chapter.

2.

All outdoor storage areas of such things as trash and materials shall be within a completely enclosed building or behind a visually obscure solid wall or tight board fence a minimum six (6) feet in height and shall not be located within any front or street side yard setback area.

3.

Such uses, operations or products shall not be objectionable due to odor, dust, smoke, noise, vibration or other similar causes.

B.

TC Zone.

1.

Setbacks for Residential Projects. Except for the Calaveras Boulevard setback, all other setbacks shall be determined through a Site Development Permit.

C.

Neighborhood Commercial (C1) Zone. Thrift stores shall comply with each of the following standards:

1.

Signage prohibiting dumping of merchandise during non-business hours shall be installed in conspicuous locations to the satisfaction of the Planning Director indicating penalties and fines for such activity. Signage shall include daytime collection hours for donated goods.

2.

A designated area inside the building shall be established for the receipt, sorting and processing of goods. Donated goods shall be accepted only inside the building and during regular business hours; no donated goods shall be left outside. Loading and unloading must take place in a designated area that shall be cleared, cleaned and maintained before closing of business each day.

3.

The storefront windows shall be permanently maintained as displays of merchandise in a professional and attractive manner (i.e., unsightly clothing racks and displays shall not be placed adjacent to the windows).

4.

Any goods or materials left outside of the store overnight shall be removed immediately upon the thrift store opening the next business day.

5.

Outdoor storage or display of donated goods or merchandise shall not be permitted.

6.

The subject property shall be maintained free of trash, debris, any all other goods at all times.

7.

Thrift stores shall not be located closer than one thousand (1000) feet from another thrift store.

D.

General Commercial (C2) and Town Center (TC) Zones.

1.

In deciding whether to grant a request for additional building height through the Conditional Use Permit process pursuant to Section XI-10-57.04(C)(1), the Planning Commission shall consider site conditions, design elements, and other factors including but not limited to (a) width of right-of-way of principal street; (b) proximity of the site to low- or medium-density residential districts (R1, R2, and R3); (c) building setbacks in relation to proposed building height in excess of 35 feet; and (d) upper story step-backs.

E.

Outdoor Music.

1.

Outdoor music as an accessory use in conjunction with a restaurant or bar in the C1, C2, or TC zone shall be permitted for the entertainment and enjoyment of customers at the restaurant or bar during regular operating hours. Outdoor music as an accessory use shall be limited to the hours of 9:00 am to 11:00 pm.

2.

Recorded background music may be permitted outdoors on public sidewalks and in other public areas subject to the standards of this Chapter and Title V - Public Health, Safety and Welfare, Chapter 213 - Noise Abatement.

3.

Noise levels for outdoor music, when permitted as an accessory use to a restaurant or bar, shall not exceed a maximum range of 70 to 90 decibels (dB). See also Title V - Public Health, Safety and Welfare, Subsections V-213-2 and V-213-3, for additional regulations.

4.

Larger outdoor music events, both live and recorded music, which are intended for the entertainment and enjoyment of the general public shall require a Special Event Permit pursuant to Section 15, Special Events and Activities, of this Chapter.

5.

Minor outdoor music events, both live and recorded music, which are hosted onsite by a business with nine or fewer employees shall be exempt from applicable permit and fee requirements.

(Ord. No. 38.846, § 5, 10/19/22; Ord. No. 38.847, § 6, 8/16/22; Ord. No. 38.816, § 3, 9/2/14; Ord. No. 38.803, § 6, 4/17/12; Ord. No. 38.797, § 4, 10/5/10; Ord. No. 38.789, § 8, 4/21/09)

Properties located within Specific Plans shall conform to the underlying Specific Plan in accordance with Section XI-10-11.06, Conformance with Specific Plans, of this Chapter.

(Ord. No. 38.803, § 6, 4/17/12; Ord. No. 38.795, § 21, 4/6/10; Ord. No. 38.789, § 8, 4/21/2009)