For the first time in nearly two decades, Milpitas will consider a sweeping rehaul of its zoning laws — a move that would allow more housing to be added and streamline the permit process.

The Comprehensive Zoning Ordinance Update, which the Milpitas City Council will consider Aug. 12, aims to clarify and modernize a zoning code that has not been significantly updated since 2008, according to the city. Many of changes have been spurred by changes in state laws and by the city’s general plan — the planning document adopted in 2021 that outlines the city’s long-term vision for its growth and development.

“There’s constantly more development pressure coming in and we just want to make sure that as more land is developed, as the city develops and grows, that our zoning ordinance also evolves with the times,” Jay Lee, the city’s planning director, said.

Milpitas’s zoning ordinance was first written and adopted in 1955 with individual changes on a case-by-case basis, but this is the first significant update in years. The zoning ordinance’s comprehensive update, which is part of the city’s Capital Improvement Program, began in early 2023 and has undergone public outreach for community input.

The pending City Council vote follows the 2024 creation of certain new zoning districts in the city, including a Business Park Research and Development Zone and seven Metro Area Zones with higher-density, mixed-use and transit-oriented development. The creation of these districts, in addition to new zoning regulations and definitions, comprised the first phase of the zoning code update.

Changes in the proposed update that appear to promote greater housing production include increases to the minimum and maximum density requirements for certain residential, mixed use, and mobile home zones, according to the draft ordinance update that the Planning Commission voted in June to recommend to the City Council. The update also increases the maximum floor-area ratio — the amount of building floor area in relation to the total lot size — for certain commercial and industrial zones.

Parking and transportation comprise another area of changes. The ordinance update reduces the amount of parking construction required of developers — a move the city said also follows its general plan and state laws such as Assembly Bill 2097, which bars cities from requiring parking for projects within a half mile of a major transit stop. The update also adds bicycle parking requirements and expands acceptable alternative parking methods to include shared parking, off-site parking and car-share parking.

In addition to changes pertaining to the state density bonus law, the update adds incentives to promote affordable and higher-density housing by reducing requirements for setbacks — the distance between a building and its property line — common open space and guest parking.

The update also reduces permitting review. While most complex projects previously had to receive approval from the city’s seven-person Planning Commission, some would be approved by the zoning administrator and city staff.

“I think sometimes the permitting process can be challenging and confusing and complicated, but we’re hoping that this will encourage our residents to stay in Milpitas and maintain and expand their homes in Milpitas rather than going elsewhere,” Lee said.

Projects reviewed by the zoning administrator will still involve public hearings that allow community members to give input. Projects that stay at the city staff level for approval will not be required to give public notice.

Such projects eligible for approval by city staff include additions to existing commercial and mixed-use buildings with new gross floor area up to 15,000 square feet, as well as additions to existing industrial buildings with new gross floor area up to 50,000 square feet.