Milpitas, CA Home Business: Home Occupation Permits (2026)

Under the City of Milpitas Comprehensive Zoning Ordinance, Section C.10.130.B requires that all persons operating a home occupation obtain a Home Occupation Permit prior to commencing any business. The permit procedure (Section D.4.100) allows limited nonresidential activities incidental to residential use. The Director is the review authority: after an application is deemed complete, the Director reviews it for conformance with the Zoning Ordinance and approves or denies it. The Director must approve a Home Occupation Permit, with or without conditions, if the proposed home occupation would be consistent with the General Plan and any applicable Specific Plan, consistent with the standards for the subject zone, consistent with the home occupation criteria and standards of the Home Occupations section, and consistent with all other applicable provisions of the Milpitas Municipal Code and applicable laws. The Director's decision may be appealed under the procedures chapter, and permits are subject to expiration, extension, and revision rules. Operating a home occupation also requires a business license. A home occupation must comply with the general standards (residents only, no on-site employees, conducted within the dwelling, no signs, nuisance limits, vehicle limits) to retain the permit.