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Milpitas, California: ADU Regulations

City or County:

Milpitas, California

Date Updated:

07.02.2019

Zoning:

All single-family residential zoning districts.

Regulations depend on whether ADU is located within Hillside Combining District or non-Hillside Combining District

Types of ADUs:

Attached, Detached

Stories:

Single-story

Lot Size:

No minimum

Maximum ADU Floor Area:

Attached: No min. Cannot exceed 50% of existing living area. Non-Hillside combining districts, 500 sq. ft. max; Hillside combining districts, 1,200 sq.ft.

Detached: No min. In non-Hillside, depends on whether sharing lot with single or two family dwelling. Single-family, cannot exceed 50% of existing living area or 800 sq.ft., whichever is smaller. Two-family, cannot exceed 50% of existing living area of the smaller of the two units.

Junior: Max 500 sq. ft.

Lot Coverage:

Must comply with regulations of underlying zoning district.

Bedroom:

1 Bedroom max.

Storage:

No min/max.

Kitchen:

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

Junior: Efficiency kitchen included

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.

Detached: (ALL) if ADU is constructed above a garage, setback is no more than 5’ from side and rear lot lines.

Converted: rear and side-yard setbacks “that are sufficient for fire safety

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) 28 ft. or two stories

Detached: (Hillside combining district) 27 ft. or two stories from the finished grade to the highest ridgeline of the building

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.

Converted: must be within existing space of a single-family residence or accessory structure.

Junior: Entirely within existing single-family structure, incorporate existing bedroom.

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 for attached/detached standard
Converted and junior, must be separate exterio

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!