Milpitas, CA Building Setbacks & Zoning: Structure Height Limits (2026)
Key Facts
- R1/R2 max height
- 30 ft primary building
- R3 max height
- 35 ft, 3.5 stories
- R4 max height
- 60 ft, 4 stories
- MHP max height
- 35 ft, 3 stories
- Accessory structure cap (R1-R3)
- 15 ft maximum
- R4 waiver route
- Planned Unit Development above 30 du/acre
Summary
Table B.4.030-A caps primary building height at 30 feet in the R1 and R2 zones, rising to 35 feet (3.5 stories) in R3, 60 feet (4 stories) in R4, and 35 feet (3 stories) in the Mobile Home Park zone. Accessory structures are capped lower, at 15 feet in R1 through R3 and up to 25 feet in the denser zones.
Standard R1 R2 R3 R4 MHP R1-10 R1-6 R1-5 R1-4 R1-3 R1-2.5 ... Primary Building Height, max. 30 ft 30 ft 30 ft 30 ft 30 ft 30 ft 30 ft; 2.5 stories 9 35 ft; 3.5 stories 9, 10 60 ft; 4 stories 9 35 ft; 3 stories 9 Accessory Building Height, max. 15 ft 15 ft 15 ft 15 ft 15 ft 15 ft 15 ft; 1.5 stories 9 25 ft; 2.5 stories 9 25 ft; 2.5 stories 9 25 ft; 2.5 stories 9
Full Breakdown
Milpitas Municipal Code Table B.4.030-A (Residential Zones Development Standards) sets a maximum Primary Building Height of 30 feet across every R1 density subzone (R1-10 through R1-2.5), and 30 feet with a 2.5-story cap in R2. The limit climbs to 35 feet and 3.5 stories in R3, 60 feet and 4 stories in R4, and 35 feet and 3 stories in the Mobile Home Park (MHP) zone. Table Note 9 makes clear that a project must meet both the foot limit and the story limit at the same time, so a design that fits under the foot cap but adds an extra story beyond what the table allows for its zone still fails.
Table Note 10 allows the R4 height cap to be waived where the City Council has approved a Planned Unit Development at a density above 30 dwelling units per gross acre under Chapter D.12. Accessory structures are held to lower limits under the same table: 15 feet in R1, R2, and R3, rising to 25 feet and 2.5 stories in R4, MHP, and the R3 multi-family tier that shares that column. Because R1 covers six separate density subzones (R1-10 down to R1-2.5) under one column, the 30-foot primary height and 15-foot accessory height figures apply uniformly across all of them, unlike the setback and lot-area standards in the same table, which vary subzone by subzone.
Violations & Fines
A structure that exceeds the Table B.4.030-A height maximum for its zone, or that meets the foot limit but adds an extra story beyond the cap Table Note 9 sets for both measures, is a zoning violation subject to Chapter D.18 (Enforcement and Penalty); the Director may withhold or void a building permit issued for a design that conflicts with the table under § D.18.020, and the R4 waiver process is only available with an approved Planned Unit Development, not by right.
Frequently Asked Questions
How tall can a house be built in an R1 zone in Milpitas?
What's the tallest building allowed in Milpitas multi-family zones?
Can the R4 height limit ever be exceeded in Milpitas?
Do height limits count stories, feet, or both in Milpitas?
Sources & Official References
Other rules in Milpitas
California rules heatmap·Compare Milpitas to another location·View the California building setbacks & zoning overview
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Structure Height Limits in Nearby Cities
How other cities in Santa Clara County handle structure height limits.