Accessory Structures in Milpitas, CA (2026)
6 verified accessory structures rules for Milpitas, California, sourced directly from the municipal code and official government pages.
Verified from official government sources
ADU Rules
In the City of Milpitas, an accessory dwelling unit built under Municipal Code § XIII-C.10.030.F is capped at 1,200 square feet if detached, or 50 percent of the primary home's floor area if attached, though an attached ADU may still reach 800 square feet. Front setbacks must be at least eight feet, side and rear setbacks four feet, and height tops out at 16 feet, rising to 18 feet near major transit or 25 feet if attached to the house.
Milpitas ADU Size, Setback and Height Rules
Some RestrictionsMilpitas Municipal Code § XIII-C.10.030.F
F.Additional ADU Standards.1.Maximum Size.a.Detached ADUs. The total floor area of a detached ADU shall not exceed 1,200 square feet.b.Attached ADUs. The total floor area of an attached ADU shall not exceed 50 percent of the existing primary dwelling; however, this standard shall not prevent an attached ADU from being less than 800 square feet. ... 2.Setbacks.a.Front setbacks shall be a minimum...
ADU Impact Fees
In the City of Milpitas, no impact fee may be charged for a junior accessory dwelling unit or for an accessory dwelling unit under 750 square feet, under Municipal Code § XIII-C.10.030.D.3. Larger ADUs pay a fee prorated to the ADU's share of the primary home's floor area, and an ADU or JADU built alongside a new single-family home still needs its own separate utility connection and standard connection and capacity charges.
Milpitas ADU Impact and Utility Fees
Light RestrictionsMilpitas Municipal Code § XIII-C.10.030.D.3
3.Impact and Utility Fees. Prior to issuance of a Building Permit for an ADU or JADU, the applicant shall pay all applicable fees.a.No impact fees shall be imposed on a JADU or an ADU less than 750 square feet in size.b.Impact fees charged for ADUs greater than or equal to 750 square feet shall be charged proportionately in relation to the square footage of the primary unit (e.g., the floor are...
ADU Owner Occupancy
In the City of Milpitas, an accessory dwelling unit carries no owner-occupancy requirement at all under Municipal Code § XIII-C.10.030.E.7, so the owner may rent out both the main house and the ADU. A junior ADU is different: § XIII-C.10.030.G.1 requires the property owner to live in either the primary home or the JADU as a permanent residence, unless the property belongs to a government agency, land trust, or housing organization.
Milpitas ADU and JADU Owner-Occupancy Rules
Light RestrictionsMilpitas Municipal Code § XIII-C.10.030.E.7, G.1
7.Owner Occupancy. ADUs shall not be subject to owner occupancy requirements. ... G.Additional JADU Standards.1.JADUs shall be subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property shall reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, this owner-occupancy requirem...
ADU Rental Restrictions
In the City of Milpitas, an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) can be rented out, but only for stays of 30 days or longer under Milpitas Municipal Code Section XIII-C.10.030.E. The unit also cannot be sold, conveyed, or subdivided away from the primary house except through a narrow nonprofit-housing exception.
Milpitas Bars Short-Term ADU and JADU Rentals
Some RestrictionsMilpitas Municipal Code § XIII-C.10.030.E.1-2
1.No Separate Conveyance. An ADU or JADU may be rented, but no ADU and JADU may be sold or otherwise conveyed separately from the primary dwelling unit, nor shall the lot containing the ADU or JADU be subdivided, unless the property was built or developed by a qualified nonprofit corporation and all provisions of California Government Code section 66341 are met.2.Short-Term Rental Use Prohibite...
Shed & Carport Rules
In the City of Milpitas, a backyard shed is regulated as an accessory structure: it must sit on the rear half of the lot, stay at least three feet from a rear or side lot line abutting the rear half of a neighboring lot (seven feet if it abuts the front half), and, together with other accessory buildings in the required rear setback, cannot cover more than 30 percent of that rear setback area.
Milpitas Shed Setback and Coverage Rules
Some RestrictionsMilpitas Municipal Code § XIII-C.2.020
The provisions of this Section apply to roofed structures, including but not limited to garages, carports, sheds, workshops, gazebos, greenhouses, pool houses, and covered patios which are detached from and accessory to the main building on the site. ... Maximum coverage. All accessory buildings and structures in the required rear setback area, as well as building additions as described in Subs...
Garage Conversions
When a Milpitas homeowner converts a garage into an accessory dwelling unit, the city's zoning ordinance requires the garage door to be removed and replaced with windows or a door matching the primary house's size, proportion, and spacing, and bars a street-facing door on an attached unit.
Milpitas Garage-to-ADU Conversion Design Rules
Some RestrictionsMilpitas Municipal Code § XIII-C.10.030.F.5.b
5.Design. The following standards may only apply to the extent allowed by state law. ... b.Garage conversions. When a garage is converted to an ADU, the garage door shall be removed and replaced with either windows or a door, provided the door does not face the street if it is an attached ADU. Windows and doors shall be of the same size, proportion, and spacing as the primary dwelling unit.
Looking for Santa Clara County county-wide rules?
County ordinances apply to unincorporated areas and may supplement Milpitas city rules.
Accessory Structures in Santa Clara County →