Milpitas, CA Accessory Structures: ADU Rental Restrictions (2026)

Milpitas' zoning ordinance treats ADUs and JADUs as accessory to the primary residence, and Subsection C.10.030.E (General ADU and JADU Requirements) locks down how owners can use them once built. Section E.1 (No Separate Conveyance) lets an owner rent the unit but forbids selling or otherwise conveying the ADU or JADU apart from the primary dwelling, and bars subdividing the lot to separate them, unless the property was built by a qualified nonprofit corporation under Government Code Section 66341. Section E.2 (Short-Term Rental Use Prohibited) sets the operative limit for landlords: no ADU or JADU may be rented for a term shorter than 30 days, closing off Airbnb-style nightly or weekly bookings even though the city separately licenses short-term rentals of primary homes under Section C.10.200.

The restriction attaches to the unit itself, not the owner's intent, so it survives a change of tenant or owner. Before the city will issue a certificate of occupancy for either unit, Subsection E.9 requires the owner to record a deed restriction with the Santa Clara County Recorder stating the ADU or JADU must comply with this section, including that it cannot be transferred or sold separately from the primary dwelling; the city supplies the deed restriction form. Owners are also asked, under Subsection E.8, to participate in the city's rental-data monitoring program so Milpitas can report ADU rent levels for its Regional Housing Needs Allocation.

If an ADU or JADU is later removed or converted to another use, Subsection E.10 requires any development-standard deviations or fee exemptions granted for it, such as reduced setbacks or waived impact fees, to be brought into compliance with current standards before the deed restriction is rescinded.