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Milpitas, California: ADU Regulations

City or County:

Milpitas, California

Date Updated:

12.9.2018

Zoning:

All single-family residential zoning districts

Types of ADUs:

Attached, Detached

Stories:

Single-story

Lot Size:

No minimum

Maximum ADU Floor Area:

Attached: 150 sq.ft. min. Cannot exceed 30% of existing living area. Non-Hillside combining districts, 475 sq. ft. max; Hillside combining districts, 1,200 sq.ft.

Detached: 150 sq.ft. min., not to exceed 1,200 sq.ft.

Lot Coverage:

Must comply with regulations of the underlying zoning district.

Bedroom:

1 Bedroom max.

Storage:

No min/max.

Kitchen:

One kitchen max., require separate kitchen facilities (permanent range, counters, refrigerator, sink).

Bath:

Require separate bathroom facilities.

Note: Drainage and sewer connections should be assessed on a project by project basis.

Parking:

The second family unit shall provide one:

More off-street parking space than required for single-family dwelling. This additional parking space may be tandem and within required front yard so long as it is located on driveway serving main dwelling. Front yard coverage requirements in R1 zoning district shall apply. No parking permitted on street side yard of corner lot. Covered parking to comply with requirements in Section XI-10-54.08, Accessory Buildings and Structures, of this Chapter. Parking to measure ten (10) feet by twenty (20) feet, and be improved as provided in Section XI-10-54.03.

Setbacks:

Attached: must comply with requirements and limitations of the main dwelling.

Detached: (non-Hillside combining district) must conform to Section XI-10-54.08, Accessory Buildings and Structures.

Detached: (Hillside combining district) must conform to the setbacks of primary dwelling.

Note: Fire Department regulations should be assessed on a project by project basis.

Height:

Attached: must comply with requirements and limitations of main dwelling.

Detached: (non-Hillside combining district) 15 ft. max.

Detached: (Hillside combining district) 17 ft.

Location:

Attached: to be located within habitable area of primary dwelling including basements and attics, but not garages.

Detached: Rear half of lot, at least 6 ft. and no further than 100 ft. from primary dwelling.

Rear Yard Coverage:

Detached: (non-Hillside combining district) must conform to the same rear yard coverage regulations applicable to accessory buildings and structures, as per Section XI-10-54.08.

Detached: (Hillside combining district) cannot cover more than 30% of rear yard.

Design:

Any construction shall conform to site and architectural plan review, fees, charges and other zoning requirements applicable to residential construction in zone in which property is located. The second unit to be designed to be architecturally compatible and visually integrated with main dwelling and to employ design, materials, and colors matching those of main dwelling.

Note: Historic Neighborhoods or Districts should be assessed on a project by project basis.

Entryways:

N/A

Source Code:

Important Note: Rules and regulations are updated and changed frequently. It’s one of our jobs to be up to speed and navigate those regulations. Let us know if our website isn’t up to date or if you have any information that could help. Cheers!