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Council adopts comprehensive zoning ordinance changes; phase 2 maps and overlays incorporated
Summary
Milpitas City Council approved amendments to the zoning ordinance that incorporate earlier map changes, add the freeway‑corridor overlay to the zoning map, and remove obsolete overlays; councilmembers were told the action does not tie the council from future rezoning decisions.
The Milpitas City Council on Sept. 2 waived a second reading and adopted an ordinance to incorporate Phase 2 of the comprehensive zoning ordinance update, including mapping a previously adopted Freeway Corridor Overlay and removing obsolete overlay zones.
Planning staff explained Phase 1, approved earlier, created new zones and adjusted the zoning map for general‑plan consistency. Phase 2, the item before council, focuses on clarifications and limited map edits: it maps the existing freeway corridor overlay (parcels within 300 feet of I‑880 and I‑680 that are nonresidential) and removes outdated overlay zones that have been replaced by base‑zone standards. Principal planner Lillian Van Hoa said, “Other than the changes to the overlay zones, we aren't proposing to rezone any parcels in the city with this phase of the zoning update.”
Project manager Holly Pearson explained the freeway corridor overlay lets a project applicant request up to a 20% increase in floor‑area ratio above the base zone’s maximum, subject to the reviewing authority’s discretion. Councilmember Lam and others asked whether the council remains able to deny individual development proposals; staff confirmed that the council retains the authority to review and, where applicable, approve or deny entitlements following planning commission and appeal processes.
Several councilmembers asked for maps and clarifications; staff pointed to the ordinance exhibits and noted the zoning map in the adoptive ordinance shows the mapped overlays. After public comment, Mayor Carmen Montano moved to adopt the ordinance; Councilmember Chua seconded. The vote was unanimous: Vice Mayor Barbadillo, Councilmember Chua, Councilmember Lam, Councilmember Lianne and Mayor Montano voted aye.
The ordinance incorporates the Phase 2 text and map changes into Milpitas’s zoning code; staff said council may revisit zoning designations at any future time should the council choose to do so.
