Global Announcement Text

Milpitas, California: ADU Regulations

City or County:

Milpitas, California

Date Updated:

11.25.2020

Zoning:

An ADU may be established on any lot in any district that allows single-family or multi-family dwelling residential uses. A JADU may be established on any lot in any district that allows single-family residential use

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

Types of ADUs:

Attached, Detached

Stories:

Two stories, except on west side of Hillside crestline, which is one 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:

2 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:

For each ADU, one (1) off-street parking space is required. If a parking space is required for an ADU, the space may be located within any setback area, in a tandem configuration, or on a mechanical lift. Each unenclosed parking space shall be at least 8½ feet wide and 18 feet long. Each parking space that is provided in an enclosed garage shall be at least 10 feet wide and 20 feet long.

State parking exceptions apply (public transit, historic district, no permits for ADU occupants, car share, attached/conversion/junior), as well as when a garage, carport, or covered parking structure is demolished to build ADU.

Setbacks:

No minimum setback requirement applies to newly constructed ADUs built in the same location and with the same dimensions as a previously existing structure. For all other ADUs a minimum setback of 4’ from side and rear lot lines is required.

Limited Detached on Single-family Lot: 4’ side- and rear-yard setbacks
Limited Detached on Multi-family Lot: 4’ side- and rear-yard setbacks

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

Height:

Single-story attached or detached ADU: 16’ above grade. 

Two-story attached or detached ADU: 28’ above grade. .
ii.
For properties located Hillside Combining District, an attached or detached ADU on the west side of the crestline may not exceed a height of 17 feet in height and one story from the lowest finished grade to the highest ridgeline of the building. On the east side of the crestline, a detached or attached ADU may not exceed a height of 27 feet and two stories from the lowest finished grade to the highest ridgeline of the building.

Rear Yard Coverage:

N/A

Design:

The architectural style, exterior materials, and color palette of an ADU or JADU shall match the appearance of the existing or proposed primary dwelling.

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

Entryways:

The entrance to an attached ADU or JADU shall be located on a side or rear building façade, not facing a public right-of-way.
The ADU and primary dwelling must use the same driveway to access the street, unless otherwise required for fire-apparatus access, as determined by the fire authority.

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!