Milpitas ADU Regulations & Building Guide

Known for its vibrant culture and diverse community, Milpitas is a prominent city in California, featuring beautiful landscapes, innovative industries, and rich history.

California State ADU Laws

California has some of the most progressive ADU legislation in the country. Recent laws including AB 68, SB 13, and AB 881 have significantly streamlined the ADU approval process and reduced barriers for homeowners.

Key California ADU Regulations:

• Size Limits: Detached ADUs can be up to 1,200 sq ft. Attached ADUs can be up to 50% of the primary dwelling or 1,200 sq ft, whichever is less.
• Setbacks: Minimum 4-foot side and rear setbacks for detached ADUs.
• Height: Generally up to 16 feet, with some exceptions for two-story ADUs (up to 25 feet in certain zones).
• Parking: No additional parking required in most cases, especially near transit.
• Owner Occupancy: No owner-occupancy requirement until 2025 for most ADUs.

Milpitas Local Requirements

While California state law provides baseline regulations, Milpitas may have additional local requirements. GatherADU's team stays current with Milpitas's specific zoning codes, architectural guidelines, and permit processes to ensure your ADU project meets all requirements.

Common local considerations in Milpitas include:

• Design review requirements and architectural standards
• Utility connection fees and impact fees
• Fire department access requirements
• Neighborhood-specific overlay zones

California law (AB 68, AB 881, SB 9, and subsequent legislation) guarantees your right to build ADUs. Cities cannot:

• Require owner-occupancy for ADUs permitted after 2020
• Require additional parking for ADUs near transit
• Charge impact fees for ADUs under 750 sq ft
• Deny ADUs that meet state minimum standards
• Impose lot coverage limits that prevent a 800 sq ft ADU

If you believe your ADU application is being unfairly denied, California HCD can intervene on your behalf.

California ADU Legislation Overview

California leads the nation in ADU-friendly legislation. The state has passed numerous laws to encourage ADU construction as a solution to the housing crisis.

Key California ADU Laws:

• AB 68 (2020): Reduced local government review time and expanded ADU construction options.
• SB 13 (2020): Limited impact fees and reduced owner-occupancy requirements.
• AB 881 (2020): Prohibited minimum lot size requirements and allowed JADUs in all zones.
• AB 2221 (2022): Further streamlined the ADU approval process.
• SB 897 (2022): Increased height limits for ADUs in certain zones.

California ADU Benefits:

• Property value increase of 20-30% on average
• Rental income potential of $1,500-$3,500+ monthly
• Housing flexibility for family members
• No owner-occupancy requirements (until 2025)

Milpitas, California, with a population of approximately 84,196, is a city in Santa Clara County, situated in the heart of Silicon Valley. Known for its strong technology sector, diverse community, and proximity to major tech hubs, Milpitas is actively addressing housing needs through Accessory Dwelling Units (ADUs).

Geography and History

Milpitas is located at the southern end of San Francisco Bay and is bordered by San Jose and Fremont. The city has evolved from a small agricultural community into a bustling suburban area with a strong focus on technology and innovation. Key historical sites include the Milpitas Historical Society Museum and the historic Milpitas Library.

Local Economy

Milpitas has a dynamic economy supported by various sectors:

• Technology: As part of Silicon Valley, it hosts numerous tech companies and startups.
• Retail: The city features major shopping centers like the Great Mall of the Bay Area.
• Education: Home to several schools and institutions, including the Milpitas Unified School District.
• Healthcare: Several local medical facilities contribute to the economy.

Popular Neighborhoods

Milpitas offers a range of neighborhoods, each with its own character:

• The North Milpitas Area: Features a mix of residential and commercial properties, close to major tech companies.
• Midtown Milpitas: Known for its established homes and proximity to schools and parks.
• South Milpitas: Offers newer developments and is close to the Great Mall and other retail centers.
• East Milpitas: Includes residential areas with scenic views and access to outdoor recreational areas.

Real Estate Market

Milpitas's real estate market is competitive, reflecting its location in Silicon Valley. The demand for ADUs is increasing as property owners seek to add rental units and maximize property value.

ADU Regulations in Milpitas

Milpitas has specific regulations for ADUs to balance development with community aesthetics and functionality:

• Zoning: ADUs are permitted in residential zones, including single-family and multi-family areas.
• Types of ADUs: Both attached and detached ADUs are allowed, as well as conversions of existing structures.
• Size Limits:
  • Detached ADUs: Up to 1,200 sqft.
  • Attached ADUs: Up to 50% of the primary dwelling’s living area or 1,200 sqft, whichever is less.
• Height Restrictions: Detached ADUs are generally limited to 16 feet in height, with potential exceptions.
• Parking: One additional off-street parking space is generally required, though exceptions are made if the property is near public transit.
• Owner Occupancy: As of recent updates, there is no owner-occupancy requirement for ADUs.
• Approval Process: ADUs meeting zoning and design standards may qualify for ministerial approval, which speeds up the process.
• Design Standards: ADUs must be designed to be compatible with the primary dwelling and neighborhood character.
• Multiple ADUs: One ADU and one Junior ADU (JADU) are allowed per residential lot.

Cultural Landmarks and Unique Aspects

Milpitas offers several notable features:

• Great Mall of the Bay Area: A large shopping center with a wide variety of stores and entertainment options.
• Milpitas Sports Center: Provides recreational facilities and programs for residents.
• Ed R. Levin County Park: A nearby park offering hiking trails, picnicking areas, and scenic views.

Milpitas's ADU regulations are designed to support the city's growth while maintaining its character and meeting housing demands. By streamlining the approval process and providing clear guidelines, Milpitas encourages the development of ADUs, enhancing housing options in this vibrant Silicon Valley community.

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