Milpitas ADUs: How to Get Your Project Approved

Accessory Dwelling Units (ADUs) are becoming increasingly popular across the United States, especially in urban areas like Milpitas, California, where the housing market has been tight for years. As home prices continue to rise and the demand for affordable housing increases, ADUs offer a viable solution for homeowners who want to increase their living space, generate rental income, or provide housing for family members. However, before you start building an ADU on your property, you must navigate the process of getting your project approved. This article will guide you through the steps required to get your Milpitas ADU project approved, covering everything from permits to design considerations.

What is an ADU?

An Accessory Dwelling Unit (ADU), sometimes called a granny flat, in-law unit, or secondary dwelling unit, is a self-contained residential unit located on the same lot as an existing single-family home. It typically includes all the necessary amenities for independent living, such as a kitchen, bathroom, living area, and sleeping space.

In Milpitas, ADUs have become an important part of the city’s strategy to address housing shortages. They can take various forms, from detached units in the backyard to conversions of existing structures like garages or basements. Whether you’re looking to build a detached ADU, convert your garage into an ADU, or add a unit above your garage, understanding the local rules and regulations is essential to ensuring your project meets the necessary requirements for approval.

Why Build an ADU in Milpitas?

Before diving into the approval process, it’s helpful to understand why ADUs are such a desirable option in Milpitas:

1. Affordable Housing: With the rising cost of real estate in Milpitas, building an ADU can provide a more affordable housing option. You could rent out the ADU to help pay your mortgage or offer it as a space for family members.
2. Increased Property Value: A well-built ADU can increase the overall value of your property. Many buyers are looking for homes with additional units, whether for rental income or as a space for aging parents or adult children.
3. Utilize Unused Space: If you have a large backyard or an underutilized garage, an ADU allows you to make use of this space while providing additional living quarters.
4. Sustainable Living: Building an ADU can reduce urban sprawl by making better use of existing residential areas. It also provides an opportunity to create an energy-efficient, smaller living space that’s more sustainable than traditional homes.
5. Flexibility: ADUs provide flexibility, whether for personal use, rental income, or housing guests. They can serve as a private home office, an extra bedroom, or a place for relatives to live independently but nearby.

Understanding the ADU Approval Process in Milpitas

The process of getting an ADU approved in Milpitas can vary based on the type of ADU you want to build. However, certain steps are generally required for all ADU projects.

Step 1: Determine Zoning Requirements

Before you begin planning your ADU, it’s essential to check the zoning regulations for your property. Milpitas, like other cities in California, has specific zoning requirements that dictate where ADUs can be built. The zoning code will tell you:

• Setback Requirements: The minimum distance between your ADU and property lines.
• Height Limits: How tall your ADU can be.
• Lot Size Requirements: The minimum lot size for constructing an ADU.
• Parking Requirements: Whether you need to provide additional parking for the ADU or if the existing parking spaces suffice.
• Maximum Size of ADUs: How large your ADU can be, depending on the size of your lot.

You can typically find zoning information on the city of Milpitas’s planning department website or by contacting city officials directly.

Step 2: Hire a Professional Architect or Designer

Once you’ve determined the zoning requirements, the next step is to hire a professional architect or designer. While there are pre-approved ADU plans available, working with a professional can help you design an ADU that maximizes your space and meets all building codes and safety regulations.

Your architect or designer will help you:

• Plan the layout of the ADU to make the best use of available space.
• Ensure the design complies with local zoning regulations and building codes.
• Help you prepare the necessary paperwork for permits and approvals.
• Assist with the design of the plumbing, electrical, and structural systems of the ADU.

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Step 3: Submit Your ADU Permit Application

In Milpitas, as in other California cities, you must apply for permits before you can begin construction. The permit process typically includes:

1. Building Permit: The primary permit required for construction. It covers structural and safety codes, plumbing, electrical, and mechanical systems.
2. Planning Permit: If your project requires a variance or modification to the zoning code, you may need to apply for a planning permit. This permit ensures that your ADU complies with zoning requirements and city planning policies.
3. Grading Permit: If your ADU requires excavation or grading work, you will need a grading permit.
4. Utility Permits: Depending on the type of ADU, you may need permits for utility connections, including water, sewer, electricity, and gas.

When submitting your permit application, make sure to include:

• Detailed construction plans (including floor plans and elevations).
• A site plan showing the location of the ADU on your property.
• A description of the materials and finishes you plan to use.
• Any required environmental studies or assessments, such as a stormwater management plan.

The city’s planning and building department will review your application. If your plans meet all the necessary codes and regulations, you will be issued a permit to proceed with construction.

Step 4: Public Review and Notification

In some cases, ADU applications in Milpitas may be subject to public review. This process is particularly important if your project requires a variance or modification of zoning rules. Public review allows neighbors and other stakeholders to provide feedback on your project. If there are objections to your ADU, the city will review them and may require you to make changes to your plans.

You may be required to post a public notice on your property, notifying neighbors of the proposed project. The city will typically hold a public hearing if there are significant concerns raised. However, if your project complies with standard zoning regulations and doesn’t require any exceptions, the public review process may not be necessary.

Step 5: Construction and Inspections

Once your permit is approved, you can begin construction on your ADU. Milpitas requires inspections at various stages of the construction process, including:

• Foundation Inspection: To ensure the foundation is correctly installed.
• Framing Inspection: To check that the framing complies with safety standards.
• Plumbing and Electrical Inspections: To ensure that plumbing and electrical systems are installed correctly.
• Final Inspection: After construction is completed, a final inspection will be conducted to ensure everything complies with building codes and safety regulations.

You must pass each inspection before moving to the next phase of construction. Once all inspections are passed, you will receive a Certificate of Occupancy, allowing you to use the ADU as a livable space.

Step 6: Additional Considerations

While the steps above cover the general process for getting an ADU approved in Milpitas, there are a few additional considerations that can impact the approval process.

1. Affordable Housing Incentives: In California, including Milpitas, there are certain incentives available for building affordable ADUs, such as relaxed zoning restrictions and reduced fees. Be sure to inquire about any affordable housing incentives that may apply to your project.
2. Environmental Impact: If your ADU project is near environmentally sensitive areas, such as wetlands or protected wildlife habitats, you may need to conduct an environmental review and take additional steps to minimize any potential impact on the environment.
3. Homeowner Association (HOA) Rules: If your property is part of a homeowner association (HOA), be sure to check the rules regarding ADU construction. Some HOAs have additional restrictions that may impact your ability to build an ADU.

In Closing

Building an ADU in Milpitas is an excellent way to add extra space to your property, create additional income, or provide housing for family members. While the process of getting your ADU approved may seem complex, it is manageable with careful planning, professional assistance, and a thorough understanding of the local regulations. By following the steps outlined in this guide, you’ll be well on your way to successfully obtaining the necessary permits and approvals for your ADU project. Whether you’re building a garage conversion, adding a second story, or creating a detached unit, taking the time to follow the approval process will ensure that your project is completed smoothly and legally.

For more detailed information on ADU permits in Milpitas, be sure to contact the city’s planning and building departments or consult with local professionals who specialize in ADU construction.

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