Milpitas, CA Accessory Structures: ADU Owner Occupancy (2026)

Section XIII-C.10.030.E.7 flatly states that ADUs are not subject to owner-occupancy requirements, meaning an owner can lease the primary dwelling to one tenant and the ADU to another without living on site. JADUs are treated differently under § XIII-C.10.030.G.1: a natural person holding legal or equitable title must reside on the property, in either the primary dwelling or the JADU, as that person's legal domicile and permanent residence, though the requirement drops away if the property is owned entirely by a governmental agency, land trust, or housing organization.

Both unit types share other restrictions regardless of who lives there. Under § XIII-C.10.030.E.1, neither an ADU nor a JADU may be sold or conveyed separately from the primary dwelling, and the lot cannot be subdivided to separate them, except where a qualified nonprofit corporation develops the property under Government Code section 66341. Under § XIII-C.10.030.E.2, rentals of either unit type cannot run shorter than 30 days, ruling out short-term rental use. A deed restriction recorded with the Santa Clara County Recorder's office before occupancy memorializes these restrictions, including the no-separate-sale rule, and applies whether or not the underlying unit is subject to an owner-occupancy requirement.