ADU rules in Milpitas, CA — also called accessory dwelling unit regulations or granny flat ordinances — cover setbacks, owner-occupancy, parking, and permit requirements.
Milpitas regulates ADUs under Municipal Code Section XI-10-13.08 (Accessory Dwelling Units), implementing California's ADU law. One ADU plus one Junior ADU are permitted ministerially on a single-family lot not subdivided under SB9. The streamlined detached ADU may be up to 800 sq. ft. with four-foot side/rear setbacks and a 16-foot height limit; a JADU is capped at 500 sq. ft.
California has heavily preempted local ADU control through state law, recodified effective 2024 from Government Code Section 65852.2 into Government Code Sections 66310 through 66342 (amended again in 2025 by AB 2533 and SB 1211). Milpitas implements those mandates locally in Municipal Code Section XI-10-13.08. According to the City's Planning Department, one attached or detached ADU may be permitted on a single-family lot that has not been subdivided pursuant to SB9, and one Junior ADU may also be permitted on such a lot. Under the City's streamlined standards, the maximum floor area for a detached ADU is 800 square feet, side and rear yard setbacks must be at least four feet, and the maximum height is 16 feet. A detached ADU may reach 18 feet where the lot is within one-half mile walking distance of a major transit stop or the existing dwelling is two stories, consistent with state law. A Junior ADU must be built within the existing walls of an existing or proposed dwelling and is limited to 500 square feet. There is no owner-occupancy requirement for a standalone ADU, but a JADU requires a recorded deed restriction stating the owner shall reside in one of the units on the property. Applications are processed ministerially (no public hearing); the City reports typical permit timelines of roughly 60 days.
Building an ADU/JADU without a permit can trigger code enforcement and require legalization or removal; Milpitas runs a Safe ADU Legalization Program to help bring unpermitted units up to code. Work without permits may also delay or block financing and sale.
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