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Milpitas Municipal Code Chapter 213 (Noise Abatement) sets a nighttime quiet period of 10:00 p.m. to 7:00 a.m. in residential zones. During those hours, a disturbing noise audible 50 feet from a property line (100 feet for a moving source) is a prima facie violation.
Milpitas Municipal Code V-213-3.05 limits construction to 7:00 a.m. to 7:00 p.m. on weekdays and weekends, and bans construction entirely on six listed holidays. Emergency, utility, and owner-performed work on a single-family or duplex home is exempt.
Milpitas's noise chapter does not single out barking dogs, but the city's animal regulations (Chapter 210) address animal nuisances. Persistent barking that disturbs the peace can also be cited as a 'Disturbing Noise' under the general noise rules in Chapter 213.
Milpitas has no leaf-blower-specific ordinance and no gas-blower ban. Leaf blowers are treated as 'any machinery or tool' under Chapter 213's Disturbing Noise definition, so they are subject to the residential noise limits and the construction-style 7 a.m.-7 p.m. expectation, plus California's statewide CARB sales phase-out.
Outdoor music in Milpitas is governed by Chapter 213's Disturbing Noise rules: loudspeakers and amplifiers are named examples (V-213-2.04), residential zones carry a 65 dB cap, and a 10:00 p.m.-7:00 a.m. quiet period applies. Special outdoor events are coordinated with the city.
Milpitas Municipal Code V-213-2.04 lists radios, stereos, loudspeakers, and sound amplifiers as examples of 'Disturbing Noise.' Amplified sound louder than necessary for voluntary listeners, or that crosses the residential noise limits, is a Chapter 213 violation, with a 65 dB residential cap and a 10 p.m.-7 a.m. quiet period.
Milpitas Municipal Code V-213-2.04 lists engine 'revving' and improper horn/siren use as examples of 'Disturbing Noise.' On the road, in-use vehicle noise (loud exhaust, car stereos, horns) is primarily governed by the California Vehicle Code, including the 95 dBA exhaust limit and the 50-foot car-stereo rule.
Milpitas Municipal Code V-213-3.01/3.02 sets the city's numeric noise standard for residential zones: a disturbing noise may not increase the noise exposure level by 3 dB over local ambient, or exceed 65 dB measured at the property line, whichever is more restrictive.
Milpitas Municipal Code Chapter 213's residential property-line standard governs noise that leaves a commercial or industrial site and reaches homes: a disturbing noise may not exceed 65 dB or +3 dB over ambient at a residential property line. The chapter's declared intent is to protect residential areas.
Milpitas does not regulate aircraft noise - aircraft operations and flight noise are preempted by federal law (FAA). Milpitas Municipal Code Chapter 213 governs ground noise only. Aircraft noise near Milpitas comes mainly from nearby San Jose Mineta International Airport, addressed at the state/federal level.
Milpitas requires every short-term rental to hold both a Home Occupation Business License and a Planning Department STR permit, authorized by the STR ordinance the City Council adopted March 3, 2020 and codified in the Zoning Code (Section XI-10-13.17). Rentals were illegal before July 2020, when registration first opened.
Milpitas hosts register as a business (type 'Short-Term Rental,' SIC 6519001) before applying for a Planning STR permit. The City-issued STR registration number must appear on every listing, and the permit renews annually, expiring each December 31. No exterior signage is allowed.
Anyone in Milpitas receiving rent for a stay under 31 days must collect a 14% Transient Occupancy Tax (TOT) and remit it monthly to the City. Hosts also pay annual Home Occupation Business License and STR permit fees per the Planning Fee Schedule. Airbnb collects TOT under a City agreement.
Milpitas caps short-term rental occupancy at two persons per bedroom plus one additional person. The maximum number of occupants must be clearly posted inside the unit. Unhosted rentals are prohibited, and rentals are limited to stays of up to 30 consecutive days.
Milpitas requires short-term rental hosts to post the unit's parking capacity, the location of parking spaces, and any parking rules inside the unit so guests know where they may park. STR parking is governed within the City's broader off-street parking regulations.
Milpitas short-term rentals must control guest noise, and the STR ordinance specifically bans use of outdoor pools, spas, and hot tubs between 10 p.m. and 7 a.m. Hosts must maintain a 24-hour local contact who can respond to complaints within one hour, on top of the City's general noise regulations.
Milpitas allows short-term rentals only in a host's primary residence: the host must live at least 275 nights per year in the actual dwelling unit offered. New residents must have lived there 60 consecutive days before applying. Unhosted, investor-only rentals are prohibited.
Milpitas prohibits unhosted short-term rentals. The host must live in the dwelling at least 275 nights per year, and either the host or a designated local contact must be available 24 hours a day to respond to complaints within one hour. Pure absentee, whole-home rentals are not allowed.
Milpitas does not publish a fixed annual cap on rented nights. Instead, it limits each stay to 30 consecutive days and requires the host to live in the home at least 275 nights per year, which functionally limits how many nights the home can be rented unhosted to outside guests.
Milpitas requires every short-term rental host to carry property liability insurance of no less than $500,000, or to prove that equal-or-higher liability coverage is provided by every hosting platform through which the unit is rented. Proof of coverage is part of the permit application.
Santa Clara County zoning enforcement under Title A escalates penalties for repeated STR violations. Cities use formal strike systems suspending or revoking permits after multiple substantiated complaints.
Santa Clara County does not operate an extended home-share program for stays beyond standard short-term rental periods. State law treats stays of 30+ days as tenancies under California landlord-tenant rules.
California state law and city ordinances impose joint liability on STR hosts and platforms like Airbnb. Platforms must collect TOT, verify permits, and remove unpermitted listings on jurisdiction request.
All fireworks are banned in Milpitas, including state-approved 'Safe and Sane' fireworks. The city adopts California Fire Code Section 5601.1.3 prohibiting the possession, sale, storage, and use of fireworks citywide, with only permitted professional pyrotechnic displays allowed.
Backyard fire pits and portable outdoor fireplaces are governed by the California Fire Code adopted by Milpitas (Section 307). Recreational fires must keep required clearances from structures and combustibles, be attended, and have extinguishing equipment ready. Use is banned on Spare the Air alert days.
Smoke alarms and carbon monoxide alarms are required in Milpitas homes under the adopted California Fire Code and California state law. Alarms must be placed in each bedroom, outside each sleeping area, and on every level; CO alarms are required where there are fuel-burning appliances, fireplaces, or an attached garage.
Open outdoor burning of yard waste, trash, and other materials is effectively banned in the Milpitas area. The Bay Area Air Quality Management District (BAAQMD) prohibits open burning except for narrowly defined permitted categories, and any allowed burn requires advance notification and a designated burn day.
Milpitas runs an annual Weed Abatement Program requiring property owners to clear hazardous weeds, brush, and combustible vegetation, especially during the April-October high fire season. Non-compliant parcels are declared a public nuisance and abated by a city contractor at the owner's expense.
Small backyard recreational fires (campfire-style or in a fire pit) are allowed in Milpitas under the adopted California Fire Code with required clearances, constant attendance, and extinguishing equipment on hand. They are prohibited on Spare the Air alert days, and burning trash or yard waste is never allowed.
Propane (LP-gas) storage in Milpitas follows the California Fire Code adopted by the city (Chapter 61). Small portable cylinders for grills and patio heaters are allowed outdoors with clearances from combustibles; larger quantities and tanks trigger permit, separation-distance, and installation requirements.
Most of urban Milpitas is in a Local Responsibility Area, but the city sits at the base of the eastern foothills where wildfire hazard rises. CAL FIRE/OSFM Fire Hazard Severity Zone maps and Santa Clara County's Wildland Urban Interface map identify hillside and edge areas with elevated risk.
Milpitas has no blanket ban on parking RVs, boats, or trailers on residential streets, but the citywide 72-hour limit applies and they may not be left as stored vehicles. Non-commercial recreational vehicles and boat/utility trailers are expressly exempt from posted weight-limited street restrictions when entering to park, load, or unload.
Milpitas regulates on-street parking through Chapter 100 of its Municipal Code. Vehicles may not be parked over 72 hours, must park within 18 inches of the curb, and must obey posted time limits, curb colors, narrow-street signs, and angle-parking markings. Most violations are civil penalties rather than crimes.
Milpitas does not impose a citywide overnight street-parking ban; the old all-night prohibition was repealed in 1975. Overnight parking is allowed subject to the 72-hour limit and any posted signs. Commercial vehicles, however, are barred overnight (9 p.m.-6 a.m.) on streets where signs are posted.
Milpitas restricts commercial vehicle parking under Chapter 100. Where signs are posted, commercial vehicles cannot park overnight (9 p.m.-6 a.m.) or at all hours on certain streets, except briefly to load or unload. The City also designates truck routes and bans vehicles over set weight limits from posted streets.
Milpitas abates abandoned and 72-hour-parked vehicles under California Vehicle Code authority. Police mark suspected vehicles with chalk, give at least 24 hours' notice, and tow vehicles left over 72 hours. Abandoned vehicles on public or private property are removed under the state Abandoned Vehicle Abatement framework.
Milpitas prohibits parking on private driveways or property without the owner's consent, and bars stopping in a parkway. Property owners may have unauthorized vehicles towed after posting required signs under California Vehicle Code Section 22658. Standard state rules against blocking a driveway also apply.
Milpitas limits oversized and tall vehicles by sign-posting. Vehicles six feet or taller may not park within 100 feet of an intersection or on posted streets. Vehicles over 20 feet are barred from City-owned lots, and gross-weight limits of three and four tons govern certain truck routes and streets.
Milpitas has no street-level EV-charging parking ordinance; the rules are set by California Vehicle Code Section 22511. Only vehicles connected for charging may park in a designated charging stall, and unauthorized vehicles can be towed where required signs are posted. New construction must provide EV-ready spaces under the City's green building reach code.
Milpitas authorizes loading and passenger zones marked by curb color. Yellow curbs allow loading materials up to 20 minutes and passengers up to 3 minutes during business hours; white curbs are for quick passenger/mail drop-offs. Material loading is limited to commercial vehicles, and no more than half a block may be a loading zone.
Only the City may paint and mark curbs in Milpitas. Section V-100-11.02 defines the standard colors: red means no stopping anytime, yellow and white are short loading windows during business hours, green is 20-minute parking, and blue is disabled-only. Parking contrary to a legible curb marking is prohibited.
On the valley floor, Milpitas Zoning Ordinance Section C.2.040 caps fences and walls at 42 inches within a required front setback, 42 inches within 10 feet of a street side property line (six feet beyond 10 feet), and six feet within interior side and rear setbacks. Corner-lot visibility-triangle fences may not exceed three feet.
Milpitas Building and Safety follows the California Building and Residential Codes: fences not over seven feet high are exempt from a building permit. Fences taller than seven feet, and retaining walls over four feet measured from the bottom of the footing, do require a permit. A separate zoning review still applies to height and placement under Section C.2.040.
Milpitas has no special shared-fence cost ordinance, so California's Good Neighbor Fence Law, Civil Code Section 841, controls: adjoining owners are presumed to share equally in the cost of a boundary fence, and a 30-day written notice is required before incurring costs. Locally, raising a rear or side fence to eight feet requires written consent of adjoining owners.
In Milpitas, a retaining wall not over four feet measured from the bottom of the footing to the top of the wall is exempt from a building permit, unless it supports a surcharge or impounds liquids; taller or loaded walls require a permit. Combined wall-plus-fence height counts toward the zoning fence limits in Section C.2.040.
Milpitas Zoning Ordinance Section C.2.040 requires fences and walls in all zones to meet design and safety standards: concrete block must be stucco-finished or decorative split-faced and capped, plain block is barred, corner-lot fences in the visibility triangle are capped at three feet, and all fences must be built and maintained so they do not create a hazard.
Milpitas Zoning Ordinance Section C.2.040 prohibits barbed wire within four feet of a public sidewalk, electrically charged or hazardous fences (unless required by law), and chain-link fencing except for sports courts or certain screened commercial/industrial uses. Plain concrete block is also banned. Hillside fences must be openwork wood.
Milpitas Zoning Ordinance Section C.2.040 favors finished, neighborhood-appropriate materials. Concrete block must be stucco-finished or decorative split-faced and capped (plain block barred), while barbed wire near sidewalks, electric fences, and most chain link are prohibited. Hillside-district fences must use wood posts and framework and be openwork.
California Health and Safety Code 115920 requires swimming pool barriers at least 60 inches tall with self-closing self-latching gates, plus a second drowning prevention feature in Santa Clara County.
Milpitas requires all dogs to be physically restrained on a leash whenever they are off their owner's property. The Municipal Code does not specify a leash length. Off-leash dogs are allowed only in designated off-leash areas, such as the City's dog park at Ed Levin Park. Field enforcement is handled by San Jose Animal Care and Services.
Milpitas requires a dangerous animal permit to keep any animal that, by its size or disposition, would endanger humans. California state law independently bars keeping most wild and exotic species as pets - including many large cats, primates, and venomous or restricted reptiles - without a state restricted species permit, which is not issued for personal pet ownership.
Milpitas does not allow farm fowl to be kept freely on residential lots. Buildings or enclosures holding animals or fowl (other than household pets) are barred within 200 feet of any residential, mixed-use, or commercial property, which effectively confines poultry keeping to the agricultural zone. Caged birds kept indoors are limited to 20 under the animal-number rules.
Milpitas does not ban any dog breed. Its animal code regulates individual dogs by behavior, classifying dogs as 'potentially dangerous' on a five-level scale and as a 'dangerous animal' requiring a permit. California state law also bars cities from declaring a dog dangerous based solely on breed.
Milpitas has no municipal beekeeping ordinance, so the city sets no hive limit or beekeeping permit. Beekeepers are governed by California state law, which requires registering each apiary annually with the Santa Clara County Agricultural Commissioner. General nuisance rules still apply if bees disturb neighbors.
Milpitas confines livestock keeping to its agricultural zone, where buildings or enclosures holding animals or fowl (other than household pets) must sit at least 200 feet from any residential, mixed-use, commercial, school, or care property. Stables and riding academies are agricultural-zone uses, and keeping three or more horses for hire or boarding is a regulated 'horse establishment.'
Milpitas limits households to a combined total of four dogs and/or cats over four months old, with no more than one unspayed female. Caged indoor birds are capped at 20 and small caged animals at 10. Authorized adoption-organization volunteers may keep up to seven dogs and/or cats. A permit can be sought for animals otherwise above the limit.
Milpitas requires cats over four months old to be licensed and vaccinated against rabies, the same as dogs, with licensing administered by San Jose Animal Care and Services. Cats count toward the four-pet household limit. The code defines and addresses both owned cats and feral cats but does not impose a cat leash requirement.
Milpitas does not publish a specific ordinance prohibiting the feeding of wildlife or feral animals. Feeding that draws nuisance animals, odors, or pests can be addressed by Milpitas Code Enforcement under general nuisance rules, and California restricts feeding of certain big-game wildlife. There is no dedicated city wildlife-feeding citation.
Milpitas does not publish a dedicated hoarding ordinance, but its four-pet household limit and humane-treatment rules constrain animal accumulation. California's animal cruelty statute, Penal Code 597, is the primary tool against hoarding, making it a crime to deprive animals of necessary food, water, or shelter or to subject them to neglect.
Santa Clara County Title 4 zoning permits veterinary clinics in commercial zones with conditions on overnight boarding, outdoor runs, noise, and odor. Larger animal hospitals, kennels, or large-animal practices typically require a use permit from county Planning.
California Fish & Game Code §3503 to §3516 protect native birds, nests, and eggs, with raptors and migratory species getting enhanced safeguards. Santa Clara County Title C reinforces wildlife protection by banning intentional harm and feeding in unincorporated areas.
Santa Clara County Code Title C requires sterilization of dogs and cats released from county shelters, mirroring California Food & Agricultural Code §30503. Cities such as San Jose and Sunnyvale extend a broader spay-neuter mandate to all owned dogs and cats over four months.
Santa Clara County Animal Services microchips every dog and cat adopted, redeemed, or released from its shelter and registers the chip to the new owner. San Jose and other cities now require microchips at licensing, expanding the mandate beyond shelter exits.
Santa Clara County and partner cities follow a coexistence model led by SCC Vector Control and CDFW: hazing, attractant removal, and lethal control only for sick or aggressive animals. Title C and city codes ban intentional feeding of coyotes and other wildlife.
California Health & Safety Code §122354.5 (AB-485, 2019) bars retail pet stores statewide, including throughout Santa Clara County, from selling dogs, cats, or rabbits unless sourced from public shelters or registered nonprofit rescues. SCC and city counsel handle enforcement.
Pet groomers in unincorporated Santa Clara County need a county business license, zoning compliance under SCC Title 4, and sanitation standards under SCC DEH. Mobile groomers add vehicle and wastewater discharge requirements. California has no state grooming license.
Removing a heritage, protected, or street tree in Milpitas requires a City permit. A protected-tree permit is triggered at 56 inches of trunk circumference on residential lots and 37 inches on commercial, industrial, vacant, and subdivision properties, per Ordinance 201.5, Section 7.
Milpitas does not publish a single grass-height number, but its Weed Abatement Program requires owners to keep weeds, grasses, and dry vegetation cut during fire season. Overgrown lots are treated as a fire and safety nuisance and abated by a City contractor at the owner's expense.
In Milpitas, residents may trim branches under 2 inches in diameter on their own trees without a permit, but pruning heritage, protected, or street trees requires written City permission. Street trees in the public right-of-way are maintained by the City and may not be pruned by residents.
Milpitas runs an annual Weed Abatement Program treating accumulated weeds, dry grass, and combustible vegetation as a fire and safety nuisance. Owners must clear hazardous vegetation, especially April through October; non-compliant properties are abated by a City contractor and billed to the owner.
Under the Milpitas Water Conservation Ordinance (Title VIII, Chapter 6), outdoor irrigation is limited to four designated days per week, only before 9 a.m. and after 6 p.m. Watering within 48 hours of rain, runoff onto pavement, and potable irrigation of non-functional turf are prohibited.
Milpitas does not prohibit residential rainwater harvesting. California law lets homeowners capture rooftop rainwater for outdoor use without a water right, and barrels under 360 gallons used outdoors generally need no plumbing permit. The City actively encourages on-site capture to conserve water.
Milpitas has adopted a Water Efficient Landscape ordinance (Title VIII, Chapter 5; Ordinance 238) implementing California's state MWELO. Permitted new and rehabilitated landscapes must use climate-appropriate, low-water plants. State law also bars HOAs from banning low-water-using plants.
Milpitas does not ban artificial turf, and California Civil Code 4735 prevents HOAs from prohibiting synthetic grass. However, the City's zoning code treats 'turf stones' and similar surfaces as impervious and caps site impervious coverage, which can affect how much artificial turf a lot may use.
Under California SB 1383, Milpitas residents must keep food scraps and yard trimmings out of the landfill. The City and Milpitas Sanitation provide a split gray cart and kitchen pail so single-family homes can divert organics for composting; backyard composting is allowed and encouraged.
Milpitas requires a building permit to construct, remodel, or alter any swimming pool, spa, or hot tub, per the city's Office of Building Safety residential pool handout. A pool is any structure holding water over 24 inches deep. Above-ground pools and spas may only require plumbing and/or electrical permits plus a barrier inspection.
Milpitas implements California's Swimming Pool Safety Act through its Pool/Spa Safety Requirements Certificate. A qualifying pool enclosure must be at least 60 inches high with self-closing, self-latching gates that open away from the pool and have a latch placed no lower than 60 inches above the ground.
Milpitas requires every new or remodeled residential pool or spa to install at least two of seven drowning-prevention safety features under its Pool/Spa Safety Requirements Certificate (CBC 3109 / Swimming Pool Safety Act). Options include enclosures, mesh fencing, ASTM safety covers, door and pool alarms, and self-latching door devices.
In Milpitas, above-ground pools and spas may only require plumbing and/or electrical permits plus inspection of the barrier, per the Office of Building Safety. Manufacturer installation specifications must be submitted, and the same drowning-prevention barrier requirements apply as for in-ground pools.
Milpitas treats hot tubs and spas as pools when they hold water over 24 inches deep, requiring permits and drowning-prevention safety features. Hot tubs and spas may use a locking safety cover meeting ASTM F1346 instead of the other safety devices. Portable outdoor spas still must meet in-ground pool setbacks.
Milpitas allows home occupations as a permitted accessory use in residential zones, subject to standards that keep the business incidental to residential use. Only residents may operate the business, no employees may report to the premises, and the activity must be conducted entirely within the dwelling.
Milpitas prohibits all signs in connection with a home occupation, both on and off the premises. This includes signs affixed to or painted on vehicles associated with the business and stored at the home, and products or equipment may not be displayed in a way visible from outside the dwelling.
All persons operating a home occupation in Milpitas must obtain a Home Occupation Permit before commencing business. The Planning Director reviews and approves the permit if the business is consistent with the General Plan, the zoning standards, and the home occupation criteria of the Zoning Ordinance.
Milpitas allows cottage food operations as a home occupation, consistent with the California Homemade Food Act (Health & Safety Code 114365 et seq.) and Government Code 51035. Operators must also obtain a cottage food permit from Santa Clara County Environmental Health and a city business license.
Milpitas permits both small and large family child care homes in residential zones. Small family child care homes are a permitted use treated like a residence with no zoning permit. Large family child care homes are permitted with standards: spacing at least 300 feet apart and operating hours limited to 6:30 a.m. to 7:30 p.m.
Santa Clara County home occupations must generate no more traffic, parking, or deliveries than normal residential use. Appointment-only visits and residential-scale deliveries only.
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.
Sheds and other detached accessory buildings are governed by Milpitas Municipal Code Section XI-10-54.08 (Accessory Buildings and Structures). In residential (R) districts a detached accessory building must sit on the rear half of the lot, at least six feet from any dwelling on the same lot, and no closer than three feet to a rear lot line. Cumulative rear-yard accessory coverage is capped at 30% of the required rear yard.
Converting a garage in Milpitas requires a building permit and a Garage Conversion plan submittal; the City advises contacting Planning and Engineering first to confirm feasibility. Converting a garage to an ADU or JADU is allowed under Section XI-10-13.08 and the Safe ADU Legalization Program, but the conversion must meet specific California Building/Residential Code separation, vapor-retarder, and heating requirements.
Milpitas treats carports as covered off-street parking. A carport is a 'type of parking allowed' under Off-Street Parking Regulations (Municipal Code Section XI-10-53), and as a roofed structure it is also subject to the accessory-building placement rules in Section XI-10-54.08. Residential parking layouts must provide at least 25 feet of unobstructed backing/maneuvering distance measured from the garage or carport opening.
Milpitas has no separate tiny-home ordinance. A tiny house on a permanent foundation is regulated as a dwelling/ADU under Municipal Code Section XI-10-13.08 and must meet the same building code as any home. A movable tiny house on wheels is a vehicle under California law (it must be registered and plated) and is not a permitted permanent dwelling on a residential lot; some California cities allow movable tiny houses as ADUs, but Milpitas's code does not establish that pathway.
Backyard barbecuing with propane or charcoal grills is allowed in Milpitas and is even permitted on Spare the Air days, unlike wood fires. Grills must be used outdoors with safe clearance from structures, and propane cylinders follow the adopted California Fire Code's storage rules.
Backyard smokers and barbecues are allowed in Milpitas. Like grilling, smoking is treated as outdoor cooking and is not banned on Spare the Air days. Wood/charcoal smokers must be used safely outdoors with clearance from structures; nuisance smoke complaints can still arise.
Milpitas setbacks are set by Zoning Ordinance Table B.4.030-A. In the single-family R1 zone, the minimum front setback is 25 feet for R1-10 lots and 20 feet for smaller R1 lots, the street side minimum is 10 feet, and interior side and rear minimums vary by lot size and number of stories. Exact requirements depend on your zoning district.
Milpitas Zoning Ordinance Table B.4.030-A caps single-family R1 primary buildings at 30 feet and accessory buildings at 15 feet. Multi-family zones allow more: R2 up to 30 ft / 2.5 stories, R3 up to 35 ft / 3.5 stories, and R4 up to 60 ft / 4 stories. Height is measured to the roof midpoint for sloped roofs.
Milpitas single-family R1 zones do not use a single maximum lot-coverage percentage; instead, building bulk is controlled by setbacks, the 30-foot height limit, and front-yard paving limits in Table B.4.030-A and Section B.4.040. Denser zones use per-site open-space requirements (for example, 20% in R3 and 25% in R4). Verify your district before building.
Milpitas does not have a dedicated dark-sky ordinance with numeric lumen or color-temperature limits. Instead, its lighting controls appear in the Off-Street Parking Regulations (Municipal Code Section XI-10-53): all lights used to illuminate a parking area must be designed, located, and arranged to reflect light away from any street and any adjacent premises. Project-level lighting is reviewed through site-development permits.
Milpitas's codified light-trespass control is in the Off-Street Parking Regulations (Municipal Code Section XI-10-53): all lights used to illuminate a parking area must be designed, located, and arranged so as to reflect light away from any street and any adjacent premises. For other exterior lighting, the City applies glare-prevention conditions through its design-review and site-development-permit process rather than a numeric foot-candle limit at the property line.
Outdoor advertising in Santa Clara County must follow Caltrans brightness rules adopted from the federal Highway Beautification Act. Digital displays cannot exceed 0.3 footcandles over ambient at the regulated measurement distance and must dim automatically at night.
Decorative holiday and seasonal lighting is broadly exempt from Santa Clara County outdoor-lighting standards from November through early January. Permanent year-round string lighting still must meet shielding, color-temperature, and light-trespass rules under Title C zoning.
Santa Clara County Title C outdoor-lighting standards require full-cutoff shielding on security and area lights to prevent glare and light trespass. The rules align with International Dark-Sky Association practice and limit upward and lateral light beyond property lines.
Milpitas requires a tree removal permit for heritage trees, protected trees, and all street trees. For protected trees, the permit triggers at 56 inches trunk circumference on residential lots and 37 inches on commercial, industrial, vacant, and subdivision properties, per Ordinance 201.5, Section 7.
Planting any tree in a Santa Clara County parkway, the strip between sidewalk and curb on county-maintained roads, requires an encroachment permit and approved species selection from the County Roads and Airports approved street tree list.
Santa Clara County Ordinance NS-300.847 protects heritage oaks, native sycamores, redwoods, buckeyes, and other native species in unincorporated areas. Removal requires permits, mitigation planting, and arborist reports. Cities including Palo Alto, Los Altos, and Saratoga add comparable protected lists.
The OneSCC Sustainability Master Plan and county Climate Roadmap 2030 set urban forest equity goals tied to heat-vulnerable neighborhoods. Targets include doubling canopy cover in low-income areas through partnerships with cities, Valley Water, and Our City Forest.
California provides statewide protections for native oak woodlands and heritage trees through CEQA review, Public Resources Code, and Forest Practice Rules that apply uniformly.
Milpitas requires a minimum level of property upkeep under its Neighborhood Beautification Ordinance. City Code Enforcement responds to service requests covering blight, graffiti, abandoned vehicles, and stray shopping carts on residential, commercial, and industrial properties.
Milpitas Sanitation provides every household three carts: a gray garbage/food-scraps split cart, a blue recyclables split cart, and a green yard-trimmings cart. Carts must be at the curb by 6:00 a.m. on the collection day and not blocked by vehicles.
Milpitas administers its own Weed Abatement Program under Municipal Code Chapter 202 to address fire and safety hazards. Owners of vacant lots must clear weeds and combustible vegetation; non-compliant parcels are abated by a City contractor at the owner's expense.
Under Milpitas's Weed Abatement Program (MMC Chapter 202), property owners must control weeds and tall grass that create fire or safety hazards. The Santa Clara County program standard for the region is to keep grass and weeds from exceeding about six inches.
Milpitas does not publish a dedicated garage-sale or yard-sale permit ordinance. Occasional household garage sales are generally treated as residential activity, but the Home Occupation rules bar ongoing on-site retail from a home, and signs and curb-strip upkeep are still regulated.
Snow is extremely rare in Santa Clara County's valley floor and Santa Clara County has no snow clearing ordinance; mountain properties should clear for safety.
Milpitas Sanitation provides weekly curbside collection of garbage, recycling, and yard trimmings. Carts must be set out by 6:00 a.m. on the scheduled collection day, sorted into the correct cart and compartment.
Residential carts must be at the curb by 6:00 a.m. on collection day and kept clear of parked vehicles and obstacles. Commercial containers must be accessible by 4:00 a.m., with a gate key or code provided where bins sit behind locked enclosures.
Single-family customers get four free bulky-item/cleanup pickups in a rolling 12 months, scheduled at least 8 weeks apart through Milpitas Sanitation. Each event allows up to three large items or two company-provided bags, set out by 6:00 a.m.
Milpitas requires source-separated recycling using the blue split cart: bottles, cans, and plastics #1-7 on one side, and paper, cardboard, and fibers on the other. Recycling is part of the City's Chapter 200 program and its SB 1383 compliance.
California SB 1383, effective January 1, 2022, requires all Milpitas residents and businesses to separate organic waste (food scraps and yard trimmings). Milpitas implements it through Municipal Code Chapter 200, with edible-food-recovery duties and penalties of $50 to $500 per violation.
Milpitas regulates political signs in Municipal Code Section XI-10-24 (Signs). Table XI-10-24.04-2 (Matrix of Temporary Sign Types) lists political signs with a maximum size of 32 square feet and a maximum height of 6 feet from grade. The City also directs residents to California's rules: under the State Outdoor Advertising Act, temporary political signs may be posted up to 90 days before an election and must be removed within 10 days after.
Milpitas allows temporary garage-sale signs under Table XI-10-24.04-2 of the sign code. A garage-sale sign is limited to 2 signs per garage sale per intersection at 6 square feet per side, displayed on Saturdays, Sundays, and holidays only, with no permit required. Open-house directional signs follow the same 2-per-intersection, 6-square-foot, weekend/holiday rule.
Santa Clara County Title C zoning prohibits new off-premises digital billboards in unincorporated areas. The California Outdoor Advertising Act sets statewide controls along Interstate and primary highways and requires Caltrans permits for any roadside display.
Santa Clara County Title C zoning limits window signs in unincorporated commercial districts to roughly 25 percent of the window area. Larger temporary banners and obstructive signage trigger sign-permit review by the Planning Department.
Signs visible to motorists on US-101, I-280, I-680, I-880, SR-85, and SR-87 require both Caltrans Outdoor Advertising approval and County zoning sign permits. The Outdoor Advertising Act preempts inconsistent local rules along these routes.
Milpitas park hours are set under Municipal Code Title V, Chapter 9 (Parks). Section V-9-6.01 lets the City Council establish and change opening and closing hours for any park by minute action or resolution, and Section V-9-4.04 (Remaining in the Park After Closing) makes it unlawful to be in a park while it is closed where signs conspicuously give notice of closing hours. The City's Parks page states parks are generally open from dawn until dusk.
Unincorporated Santa Clara County has no general countywide juvenile curfew ordinance, relying on state law for truancy and parental responsibility.
Santa Clara County grading follows Division C12 and CBC Appendix J. Sites must slope runoff away from foundations at 5 percent for 10 feet. Redirecting drainage onto neighbors is barred.
Santa Clara County declared a climate emergency in 2020 and adopted the OneSCC 2030 Sustainability Master Plan setting county-operations carbon neutrality and aggressive countywide reduction targets. The Office of Sustainability coordinates implementation across departments serving 1.9 million residents.
Properties in CalFire State Responsibility Area and Very High Fire Hazard Severity Zones must maintain 100 feet of defensible space under California PRC §4291. Santa Clara County FireSafe Council and CalFire enforce in foothill unincorporated communities like Saratoga Hills, Los Altos Hills, and Mount Hamilton.
California Code of Regulations Title 13 §2485 caps heavy-duty diesel idling at five minutes statewide, enforced across Santa Clara County by CARB and the Bay Area Air Quality Management District. The county fleet idle-reduction policy mirrors the limit for county-owned trucks and buses.
Santa Clara County's Sustainable Procurement Policy directs all departments to prioritize recycled-content, energy-efficient, low-toxicity, and locally sourced products. Procurement leads the county's transition to a zero-emission light-duty fleet under the OneSCC Sustainability Plan.
Santa Clara County Roads and Airports runs limited cool pavement pilots in heat-vulnerable unincorporated communities like East San Jose foothill fringes. Reflective coatings reduce surface temperatures by roughly 10 to 15 degrees Fahrenheit on summer afternoons aligned with OneSCC heat equity goals.
Santa Clara County Title B Building Code adopts CALGreen Title 24 Part 11 baseline plus reach-code amendments requiring cool roofing on new construction and major reroofs in unincorporated areas. Reflective materials must meet minimum solar reflectance and thermal emittance ratings under Title 24 Part 6.
The OneSCC 2030 Sustainability Master Plan and county tree canopy goals guide heat island mitigation through cool roofs, cool pavement, urban forestry, and cooling-center activations when National Weather Service forecasts highs at or above 95 degrees Fahrenheit for two consecutive days in unincorporated areas.
Santa Clara County Division C12 requires a grading permit over 50 cubic yards or 5000 sq ft disturbance. Hillside grading is barred Oct 15 to Apr 15 without winterization. Sites over 1 acre need state CGP.
Santa Clara County stormwater follows SCVURPPP and Municipal Regional Permit MRP 3.0. Projects over 10000 sq ft impervious need Low Impact Development treatment. Non-rain discharges are prohibited.
Santa Clara County enforces FEMA NFIP rules via Division B17. Zone A and AE areas along Coyote Creek and Guadalupe River require construction 1 foot above Base Flood Elevation. Federal loans need insurance.
California AB-1346 banned the sale of new gas-powered leaf blowers and other small off-road engines under 25 horsepower starting 2024, applying across Santa Clara County. Several cities including Palo Alto, Los Altos, and Los Gatos enforce stricter operating bans, while unincorporated areas follow the state floor.
The California Coastal Act, Public Resources Code sections 30000 through 30900, requires Coastal Development Permits for nearly all work in the coastal zone and gives the Coastal Commission appeal jurisdiction over local decisions.
Santa Clara County has adopted strong sanctuary policies since 2011, refusing to honor ICE civil detainers without a judicial warrant. Board resolutions in 2011, 2017, and 2023 reaffirmed the policy. California SB-54 reinforces the limits statewide.
California AB-1236 (Labor Code §2814) prohibits Santa Clara County and any city from requiring private employers to use E-Verify. Federal mandates apply only to federal contractors. SCC and its 15 cities impose no E-Verify requirement.
California Penal Code section 53071 preempts almost all local firearm regulation, so Santa Clara County cannot register or restrict gun ownership beyond state law. Narrow zoning and ammunition vendor rules survive in unincorporated areas under SCC Ord. NS-509.99.
California Penal Code section 26350 bans open carry of unloaded handguns in incorporated areas, and section 26400 bans openly carried unloaded long guns. All fifteen Santa Clara County cities are incorporated; loaded open carry is barred everywhere countywide.
California Penal Code section 25400 prohibits carrying a concealed firearm without a CCW. The Santa Clara County Sheriff issues permits to county residents under shall-issue rules following Bruen and SB-2, with sensitive-place limits applied countywide.
California Penal Code sections 25400 and 25610 require firearms transported by vehicle in Santa Clara County to be unloaded, with handguns inside a locked container or trunk. Long guns must be unloaded but may ride in the passenger compartment if encased.
Santa Clara County requires every vape and tobacco retailer in unincorporated areas to hold a Tobacco Retail License under Ordinance NS-300.789 plus a state CDTFA license. Sales of flavored vape products are barred under earlier county Ordinance NS-300.913 and California SB-793.
Santa Clara County Ordinance NS-300.913, adopted in 2010 and predating the LA County and statewide bans, prohibits sale of all flavored tobacco products including menthol cigarettes and flavored e-liquids in unincorporated areas. California SB-793 imposes the same ban statewide as of December 2022.
Federal Tobacco 21 (Public Law 116-94) and California Business and Professions Code section 22963 bar Santa Clara County retailers from selling cigarettes, cigars, vapes, or any tobacco product to anyone under twenty-one. SCC Public Health enforces in unincorporated areas with photo-ID checks.
Santa Clara County has no county-specific minimum wage above the California state floor for unincorporated areas. Workers in unincorporated SCC follow the state rate set by SB-3, while San Jose and other cities maintain higher local minimums.
Santa Clara County has no county paid-leave ordinance. Workers in unincorporated areas follow California SB-616's five-day statewide floor. San Jose and a few other cities have not enacted higher local rules, so SB-616 governs across the county.
California SB-525, signed October 2023, establishes tiered minimum wages for covered healthcare workers ranging from $18 to $25 per hour. Santa Clara County hospitals and clinics follow state schedules; the county adds no additional local healthcare wage floor.
Santa Clara County has no predictive-scheduling ordinance. California AB-1228 governs fast-food workers via the statewide Fast Food Council. Outside fast food, no local or state predictable-schedule mandate applies in SCC unincorporated areas or its 15 cities.
Santa Clara County Ordinance NS-1100, adopted in 2008 as the first county-level bag ban in the nation, prohibits single-use plastic carryout bags in unincorporated areas and requires a paper-bag charge. California SB-270 and AB-1162 (2024) now mirror the rule statewide.
Santa Clara County Ordinance NS-300.881 bars food vendors and county facilities in unincorporated areas from using expanded polystyrene foam containers, cups, plates, and trays. California AB-1276 (Public Resources Code section 42273) and SB-54 extend parallel statewide standards to all cities.
California AB-1276 (Health and Safety Code §42270 et seq.) prohibits full-service and takeout food facilities from providing single-use utensils, straws, or condiment packets unless requested by the customer. Santa Clara County DEH enforces locally.
California AB-1884 (Public Resources Code section 42270) and AB-1276 make Santa Clara County a straws-on-request jurisdiction. Restaurants countywide cannot auto-distribute single-use plastic straws; disability requests must be accommodated without burden under state and federal law.
California Civil Code §1954.603 requires every Santa Clara County landlord to give new tenants a written bed-bug information notice and disclose known infestations. SCC DEH and city code enforcement respond to habitability complaints; treatment cost normally falls on the landlord.
Santa Clara County Department of Environmental Health inspects every restaurant, market, and mobile food facility countywide and posts a numerical inspection score and report online. Unlike LA, SCC uses risk-based scoring rather than letter grades; sub-standard facilities may face closure.
Santa Clara County Vector Control District handles outdoor rodent surveillance and resident complaints countywide, while SCC DEH addresses food-facility infestations. California AB-1788 bans second-generation anticoagulant rodenticides for non-licensed users to protect raptors and other wildlife.
California Health & Safety Code §118286 bans home-generated sharps in trash or recycling. Santa Clara County Public Health distributes free SHARP containers and operates syringe exchange and drop-off sites countywide. Mail-back kits are also available through the program.
Santa Clara County Public Health's Healthy Stores program partners with corner stores and small markets to stock fresh produce, low-sugar beverages, and whole-grain items. Participation is voluntary, with technical assistance, signage, and refrigeration grants offered to qualifying retailers.
FDA menu labeling under 21 CFR §101.11 requires chain restaurants of 20 or more locations to post calorie counts on menus and menu boards. Santa Clara County Department of Environmental Health enforces compliance during routine food facility inspections.
Under California Health and Safety Code §113948, every food handler in Santa Clara County must obtain an ANSI-accredited food handler card within 30 days of hire. Cards are valid for three years. SCC DEH inspectors verify compliance during routine retail food inspections countywide.
Santa Clara County Code Title C Zoning establishes A (Exclusive Agriculture) and AR (Agricultural Ranchlands) districts for unincorporated areas. Williamson Act contracts further restrict prime farmland in Coyote Valley, San Martin, and the Gilroy growing belt to agricultural use.
California Civil Code §3482.5 protects established agricultural operations from nuisance suits after three years of consistent activity. SCC layers this with the Williamson Act and agricultural preserves in Coyote Valley and the Gilroy-Morgan Hill area.
Santa Clara County imposes no countywide buyout disclosure rule. Cash-for-keys agreements in unincorporated areas follow only baseline California contract and Civil Code rules, unlike San Jose and Mountain View, which require formal disclosures.
Unincorporated Santa Clara County applies California's AB-1482 no-fault grounds: owner move-in, substantial remodel, demolition, government order, and Ellis Act withdrawal. Each path requires written notice, statutory relocation, and good-faith intent.
Santa Clara County has not adopted a countywide tenant anti-harassment ordinance for unincorporated areas. Tenants rely on California Civil Code §1940.2 against forcible exclusion plus tort remedies for retaliation or harassment.
The Santa Clara County Housing Authority (SCCHA) administers federal Section 8 Housing Choice Vouchers across the county. Landlords accepting vouchers must pass an HQS inspection and cannot refuse applicants based on voucher status.
Unincorporated Santa Clara County does not require rental property registration, though business licenses may apply to multi-unit and short-term rental operators.
Santa Clara County landlords must follow California AB 1482 just cause eviction rules, requiring specified reasons and relocation assistance for no-fault terminations.
Santa Clara County has no countywide rent stabilization, so pass-through charges in unincorporated areas follow state law. AB-1482 caps annual rent increases at 5% plus CPI, capped at 10%, including any operating cost passthroughs.
Santa Clara County has no countywide relocation ordinance for unincorporated areas. State law controls: AB-1482 requires one month of rent for no-fault terminations and the Ellis Act adds extra pay for elderly or disabled tenants.
Unincorporated Santa Clara County follows California AB 1482 statewide rent cap (5 percent plus CPI, max 10 percent) with no local rent control ordinance.
California Government Code §12955, expanded by SB-329 in 2020, prohibits housing discrimination based on lawful source of income, including Section 8 vouchers. Santa Clara County enforces statewide rules through state CRD; no separate county code exists.
California Civil Code §1950.5, amended by AB-12 effective July 2024, caps residential security deposits at one month's rent statewide. Santa Clara County adds no local cap, so the state rule governs unincorporated and incorporated rentals alike.
California permits state-licensed retailer cannabis delivery into any jurisdiction under DCC regulations. Santa Clara County does not host retail storefronts in unincorporated areas but cannot ban delivery into homes.
California's MAUCRSA framework lets local jurisdictions adopt social equity programs. Santa Clara County has limited unincorporated cannabis licensing, with state Bureau of Cannabis Control administering equity outreach grants.
California Business and Professions Code §26054 prohibits cannabis licensees within 600 feet of schools, daycares, and youth centers. Santa Clara County Title C zoning may impose larger buffers in unincorporated areas.
California Proposition 64 and Health and Safety Code §11362.1 allow adults 21+ to grow up to six cannabis plants per residence for personal use. Santa Clara County follows the state baseline.
Santa Clara County Title C zoning sharply limits commercial cannabis in unincorporated areas. Most cultivation, manufacturing, and retail must locate in incorporated cities with permissive ordinances like San Jose.
Health and Safety Code section 11362.2 grants every adult 21 or older the statewide right to cultivate up to six cannabis plants indoors, and bars local governments from completely prohibiting indoor personal cultivation.
Santa Clara County has no countywide mansionization ordinance, but Title C zoning sets floor area ratio caps, lot coverage limits, and tiered setbacks in residential and rural districts of unincorporated areas, including hillside, scenic, and AP-Agricultural Preserve overlays.
Santa Clara County Code Title B adopts the California Residential Code R313, requiring NFPA 13D fire sprinklers in all new one- and two-family dwellings and townhomes in unincorporated areas, with County Fire reviewing plans.
Santa Clara County Title B classifies childcare centers as Group E or I-4 occupancies with specific egress, fire-protection, and lead clearance requirements. CCR Title 22 licensing through CDSS adds operational rules on staffing, square footage, and outdoor space.
Santa Clara County Title B and the California Fire Code adopt CFC Section 1010, restricting locks and latches on required egress doors. Single-action hardware, no double-cylinder deadbolts on exits, and panic hardware in assembly occupancies are mandatory.
Santa Clara County Title B adopts the California Green Building Standards Code (CALGreen, Title 24 Part 11) plus reach-code amendments requiring all-electric new construction, EV-ready parking, and heat-pump water heating in unincorporated areas effective 2023.
Santa Clara County pest control follows CA DPR and County Ag Commissioner rules under Food and Ag Code 11701. Licensees register yearly and notify neighbors before fumigation. Tenants get 24 hour notice.
Santa Clara County scaffolding follows CA Labor Code 7150 through 7157 and Title 8 CCR 1635 to 1662. Scaffolds over 36 feet need engineered plans. All must have guardrails, toeboards, and pre-shift inspection.
Santa Clara County elevators are regulated by Cal/OSHA under Labor Code 7300 to 7324. Every conveyance needs annual inspection and a current permit. HOA and condo elevators follow commercial rules.
Santa Clara County pre-1978 home renovation follows EPA RRP rules and CA Health and Safety Code 17920.10. Contractors disturbing more than 6 sq ft interior or 20 sq ft exterior painted surfaces must be lead-certified.
Santa Clara County has no mandatory retrofit ordinance for non-ductile concrete buildings in unincorporated areas. The County Office of Emergency Services maintains a voluntary inventory and supports ASCE 41-17 evaluation, while no countywide mandate parallels San Francisco or Berkeley.
California SB-721 (apartments) and SB-326 (HOA condos) require periodic inspection of exterior elevated elements like balconies, decks, and walkways. Santa Clara County Planning and Development enforces in unincorporated areas; first inspections were due January 1, 2025.
California Vehicle Code Section 22658 governs private-property towing; tow operators serving Santa Clara County Sheriff calls must qualify for the Official Police Garage rotation, meeting equipment, response time, storage, and rate-posting standards.
Unincorporated Santa Clara County restricts adult businesses to specific commercial zones under Title C, requiring buffers from schools, churches, parks, residences, and other adult uses, plus county business licensing and operator permits.
California Business and Professions Code Section 4600 et seq. preempts most local massage licensing through the CAMTC; Santa Clara County still requires a business license, zoning compliance, and adds local sanitation and inspection rules for unincorporated establishments.
Tattoo, piercing, branding, and permanent cosmetics in Santa Clara County require Department of Environmental Health Body Art permits; California Penal Code Section 653 prohibits tattooing anyone under 18 statewide.
Santa Clara County's Tobacco Retail License ordinance NS-300.789, among California's strongest, requires every tobacco and vape retailer in unincorporated areas to hold an annual license, caps density, and bans new tobacco retail near schools.
Smoke shops in unincorporated Santa Clara County must hold a Tobacco Retail License and comply with Ordinance NS-300.913, which bans the sale of all flavored tobacco and vape products including menthol, predating California's statewide ban.
California Business and Professions Code Section 21626 requires secondhand dealers to register with local law enforcement, hold tangible items 30 days, and report acquisitions daily; the Santa Clara County Sheriff administers registration for unincorporated areas.
Pawnbrokers in California operate under Financial Code Section 21000 et seq., requiring state licensing through the Department of Justice plus local law enforcement registration; Santa Clara County Sheriff handles reporting for unincorporated areas.
Santa Clara County Title C zoning prohibits commercial auto repair as a home occupation in residential zones; mechanics may service their own vehicles inside an enclosed garage but cannot operate a paid auto repair business from a home.
Santa Clara County Code Title B and California Penal Code Section 647 prohibit aggressive solicitation in unincorporated areas, including blocking pedestrians, threatening conduct, touching, or soliciting near ATMs, bus stops, and outdoor dining. Passive panhandling remains protected speech, but aggressive conduct is enforced by the Sheriff.
Santa Clara County Code Title D public-health provisions and California Penal Code Section 647(c) prohibit urinating or defecating in any public place or on private property visible from a public way. Violations are infractions starting around $250, enforced by the Sheriff and the County Public Health Department.
Skateboarding in unincorporated Santa Clara County is restricted to designated park facilities under Title M, while California Vehicle Code Section 21212 requires riders under eighteen to wear a helmet on any street, bikeway, or trail. San Jose, Sunnyvale, and other cities add downtown and plaza-specific bans.
Santa Clara County Code Title B and California Penal Code Section 415 treat loud or unruly gatherings as a public nuisance. Several cities, including San Jose and Sunnyvale, layer second-response cost-recovery ordinances that bill hosts, owners, and adult residents for repeat law-enforcement responses after a written warning.
Santa Clara County does not prohibit loitering itself because vague loitering bans violate the First and Fourth Amendments. Only narrow loitering-with-intent conduct is reachable under California Penal Code Sections 647(b) and 647(h), consistent with Papachristou v. Jacksonville and City of Chicago v. Morales.
Santa Clara County Smoke-Free Air Ordinance NS-300.821, codified in Title D, is among California's strongest county-level smoke-free rules. It bans tobacco, vaping, and cannabis smoking in unincorporated multi-unit housing, outdoor dining, public events, parks, and within thirty feet of doorways and air intakes.
California Assembly Bill 2147, the Freedom to Walk Act, amended Vehicle Code Section 21955 effective January 2023. Crossing midblock outside a marked crosswalk is now an infraction only when an immediate hazard of collision exists. The Santa Clara County Sheriff applies the statewide standard in unincorporated areas.
California Health and Safety Code Section 11362.3 prohibits smoking, vaping, or consuming cannabis in any public place, anywhere tobacco smoking is banned, and within one thousand feet of a school, daycare, or youth center while children are present. The Sheriff enforces a $100 infraction in unincorporated areas.
California Business and Professions Code Section 25620 makes possessing an open container of alcohol in any public place an infraction. Santa Clara County Code Title B separately bans drinking in unincorporated parks, beaches at Vasona and Calero reservoirs, and public rights-of-way without a permit. The Sheriff and park rangers enforce.
Santa Clara County Planning operates under the Comprehensive General Plan with mandatory state elements plus area-specific plans for South County, Rural Unincorporated Areas, and the Stanford Community Plan. These overlay Title C base zoning across all unincorporated land.
Projects setting aside affordable units in unincorporated Santa Clara County qualify for state-mandated density bonuses, parking reductions, and concessions under California Government Code Section 65915, implemented locally through Title C zoning provisions, with bonuses now up to 80 percent.
Valley Water (Santa Clara Valley Water District) sets countywide conservation rules requiring outdoor irrigation only on assigned days, banning watering during daytime hours, and tightening cuts during declared droughts. Retailers like San Jose Water enforce locally with surcharges.
Valley Water and partner retailers operate recycled water programs distributing tertiary-treated water through purple-pipe systems for irrigation and industrial use. South Bay Water Recycling and the SVAWPC supply Santa Clara County under California Code Title 22 standards.
Santa Clara County imposes a business license tax on businesses operating in unincorporated areas. Each SCC city operates an independent business tax with varying rate structures; San Jose's Business Tax Ordinance is largest, generating millions annually.
Santa Clara County has not adopted a Measure ULA-style mansion tax on high-value real estate transfers. The California Documentary Transfer Tax under Revenue and Taxation Code §11911 sets the baseline rate for SCC property conveyances.
Santa Clara County has not adopted a vacant-property tax on long-empty residential or commercial units. No SCC city has enacted a vacancy tax, leaving owners unaffected by Oakland-style or San Francisco-style penalties on prolonged vacancy.
Santa Clara County imposes limited inclusionary housing requirements in unincorporated areas. Major SCC cities including San Jose, Mountain View, Cupertino, and Palo Alto adopted their own commercial linkage fees and inclusionary ordinances at varying rates.
Santa Clara County has no countywide parking tax in unincorporated areas. San Jose imposes a 10% parking-tax on commercial parking facilities. Other SCC cities have not enacted similar taxes, making San Jose the primary venue for parking taxation.
Santa Clara County Title B noise standards measure complaints in dBA, which underweights low-frequency bass. Code enforcement may use dBC slow-response measurements when bass complaints persist, especially from car stereos, nightclub subwoofers, and residential parties.
Helicopter noise over Santa Clara County is regulated by the FAA, not by county ordinance. SCC Title B noise rules cannot bind aircraft in flight; complaints route to the FAA Western-Pacific Region or the operator's voluntary noise hotline.
Santa Clara County Title B limits construction equipment noise in unincorporated areas to weekday daytime hours and caps levels at the property line. Cities like San Jose, Sunnyvale, and Cupertino adopt their own stricter or comparable construction noise ordinances.
Truck noise on Santa Clara County roads is governed by California Vehicle Code sections 23130 and 27007, capping engine and stereo noise. SCC unincorporated commercial zones add early-morning loading restrictions enforced by Title B.
Helicopter routes across Santa Clara County are set by FAA NorCal TRACON, not by county or city ordinance. San Jose Mineta International publishes voluntary noise abatement procedures, and Reid-Hillview maintains preferred corridors over commercial zones.
San Jose Mineta International and Reid-Hillview Airport restrict aircraft engine run-ups during nighttime hours under voluntary noise abatement procedures. Pilots must use designated run-up pads, and ground operations are governed by airport rules under FAA Part 150 noise compatibility plans.
Hospital helipads in Santa Clara County operate under California Department of Public Health licensing and FAA flight rules. SCC Title B governs ground noise but cannot restrict emergency arrivals. Stanford, Valley Medical, and Good Samaritan operate active helipads.
Bars and nightclubs in unincorporated Santa Clara County must operate under a Conditional Use Permit with noise conditions. ABC licensing and 45 dBA night limits at residential apply.
HVAC noise in Santa Clara County must comply with 55/45 dBA residential limits at neighbor property lines. New installations often need acoustic screening and setback compliance.
Generators in Santa Clara County are allowed for emergency use during PSPS and outages, but routine testing must meet 55/45 dBA limits. Permanent standby units need building permits.
Santa Clara County imposes a Transient Occupancy Tax under Title B on hotel stays in unincorporated areas. Cities collect their own TOT at higher rates: San Jose 10%, Sunnyvale 12.5%, Mountain View 10%, with funds supporting general operations and tourism.
Santa Clara County and its cities have not enacted hotel worker retention ordinances similar to Los Angeles or Long Beach. Hotel workers in SCC rely on California Labor Code protections and union contracts rather than mandatory retention rules during ownership transitions.
Santa Clara County's Living Wage Policy requires county service contractors to pay minimum living wages and provide health benefits. The policy covers contractors providing services to the county, not hotels broadly, which fall under city wage rules.
Santa Clara County has no equivalent to Los Angeles Municipal Code 41.18 anti-camping ordinance. SCC cities vary: San Jose enforces narrow obstruction rules, Sunnyvale prohibits public camping, while unincorporated SCC relies on Sheriff's discretion under state public-nuisance law.
Santa Clara County unincorporated has no sit-lie ordinance. SCC cities maintain limited rules subject to Martin v. Boise and Grants Pass v. Johnson constitutional limits, blocking enforcement when shelter capacity is unavailable.
Santa Clara County operates the CA-501 Continuum of Care coordinating encampment response across cities. Major operations including Vallco and Coyote Creek follow phased outreach, sanitation, and rehousing protocols rather than immediate sweeps.
Santa Clara County's Continuum of Care operates bridge housing through Project Homekey hotel conversions, navigation centers, and tiny-home villages. SB-9 and AB-2011 streamlining accelerate affordable conversions in commercial corridors with reduced CEQA review.
Filming on Santa Clara County roads or property requires a county film permit through the Office of the County Executive. Cities including San Jose, Mountain View, Palo Alto, and Sunnyvale operate independent film offices with separate fees and insurance requirements.
Santa Clara County and most cities offer reduced or waived filming fees for verified student productions from accredited institutions. San Jose, Palo Alto, Mountain View, and Stanford-area filming follows streamlined student permit processes with faster turnaround.
Parades on Santa Clara County roads require permits from Roads and Airports plus Sheriff coordination for traffic control. Cities including San Jose, Palo Alto, and Sunnyvale issue parade permits independently under their own municipal codes.
Santa Clara County's permanent outdoor dining programs vary by city. San Jose Al Fresco transitioned pandemic parklets to a permanent program in 2024, while Palo Alto, Mountain View, and Sunnyvale operate parallel programs with separate design and permit standards.
Santa Clara County does not classify any palm species as heritage or protected by default. Palms only gain protection when individually designated as a heritage tree, located in a public right-of-way, or sited in a riparian protection zone managed by Valley Water.
Ailanthus altissima, the host plant of the spotted lanternfly, is a Cal-IPC high-rated invasive that Santa Clara County's Agricultural Commissioner monitors. Property owners are urged to remove seedlings promptly to slow spread along creeks and roadsides.
Santa Clara County does not have specific bamboo restriction ordinances. California does not regulate bamboo statewide. Bamboo that encroaches on neighboring properties may be addressed as a nuisance under California Civil Code.
Santa Clara County follows CDFA and Cal-IPC invasive plant lists. Notable invasive species in the area include yellow starthistle, French broom, pampas grass, and English ivy. The Santa Clara Valley Open Space Authority actively manages invasive species on public lands.
California AB 2561 (2022) protects front-yard vegetable gardens. Santa Clara County residents can grow food in front yards. The county and many cities encourage drought-tolerant landscaping, including edible gardens, through the MWELO and water district rebate programs.
Santa Clara County Parks and Recreation prohibits drone takeoff, landing, and operation in nearly all county parks. Limited exceptions exist for designated model-aircraft areas and for permitted commercial filming with advance Parks Department approval.
Major events at Levi's Stadium, SAP Center, and PayPal Park trigger FAA temporary flight restrictions banning drones within three nautical miles up to 3,000 feet. Violations carry federal criminal penalties in addition to civil fines.
Recreational drones in Santa Clara County are governed by FAA 14 CFR Part 107 and recreational rules, with restrictions near airports, parks, and the Lick Observatory.
Federal law preempts local airspace control. Drones near San Jose Mineta and Reid-Hillview airports must obtain LAANC authorization through the Federal Aviation Administration, follow controlled airspace altitude limits, and avoid temporary flight restrictions issued for emergencies.
Commercial drone operations in California follow uniform federal rules under 14 CFR Part 107 plus statewide California provisions in Civil Code 1708.8 and Public Utilities Code 21401, with local rules limited to ground-based regulation.
California AB-2188 and SB-379 require expedited permitting for residential rooftop solar and battery storage. Santa Clara County uses the federal SolarAPP+ platform under Title B for instant online plan-check approval of code-compliant systems.
California SB-43 enables Pacific Gas and Electric customers to subscribe to community solar projects without rooftop panels. Santa Clara County renters and condo owners can join the Green Tariff Shared Renewables and Community Solar Green Tariff programs.
Santa Clara County issues expedited residential solar permits within 3 business days under AB 2188 and AB 1414. Title 24 mandates solar on new homes. PG and E interconnection runs under Rule 21 and NEM 3.0 net billing.
Santa Clara County HOAs cannot ban solar under Civil Code 714 and 4753. Aesthetic rules adding over 1000 dollars or losing 10 percent efficiency are void. Complete applications deem approved after 45 days.
California Penal Code §632 requires two-party consent for confidential audio recording. Santa Clara County doorbell-camera owners may legally record video of visitors but must avoid recording private audio conversations without disclosure or consent.
California Civil Code §1798.90 (SB-34) sets minimum privacy rules for automated license plate reader systems. The Santa Clara County Sheriff's Office posts an ALPR usage and retention policy and limits sharing of plate data with outside agencies.
Residential security cameras are legal in Santa Clara County without a permit. California's all-party consent law applies to audio recording. Video recording in public and on your own property is legal, but cameras must not target private areas.
California is an all-party consent state. All parties to a confidential conversation must consent to audio recording under Penal Code §632. Video recording in public is legal. Violations are misdemeanors with civil damages of $5,000 per violation.
Santa Clara County allows fences up to 6 feet in side and rear yards. Front-yard fences are limited to 3 feet (solid) or 4 feet (open). Fences under 7 feet do not require a building permit. Retaining walls over 4 feet require permits and engineering.
Santa Clara County has no countywide HPOZ. A handful of cities run their own heritage districts, including Mountain View's Whisman and Old Mountain View, plus Palo Alto's Professorville, where overlay design review applies to exterior changes.
Santa Clara County maintains a Heritage Resource Inventory under SCC Ordinance NS-1200.27. Landmarked properties receive county Historical Heritage Commission review before alteration, demolition, or relocation, and qualify for state Mills Act tax relief.
California Government Code §50280 lets local governments grant property tax reductions to owners of designated historic properties who sign ten-year preservation contracts. Santa Clara County and several cities offer Mills Act programs, with savings averaging 40 to 60 percent.
Demolition of a designated Santa Clara County heritage resource triggers full CEQA review and a Heritage Commission stay of up to 180 days. Loss of historic fabric is treated as a significant environmental impact requiring mitigation or mandatory findings of override.
Santa Clara County operates no countywide systematic rental inspection program. San Jose runs the Multiple Housing Program inspecting buildings of three or more units. Other cities and unincorporated areas rely on complaint-driven enforcement.
California Code of Regulations Title 17 §17920.10 defines lead hazards as substandard housing. Santa Clara County Public Health's Childhood Lead Poisoning Prevention Program coordinates blood-lead screening, source identification, and abatement orders for lead-impacted homes.
Santa Clara County prohibits blocking public sidewalks with vehicles, overgrown vegetation, merchandise, or debris under county ordinances and CVC 22500(f).
California Streets and Highways Code 5610 makes abutting property owners responsible for sidewalk repair in unincorporated Santa Clara County, with county-issued repair notices.
Santa Clara County HOA dues follow Civil Code 5600 to 5740. Regular dues cannot rise over 20 percent yearly, special assessments over 5 percent need a member vote, and delinquencies accrue 12 percent.
Santa Clara County HOAs follow Davis-Stirling at Civil Code 4000 to 6150. Boards must hold open meetings with 4 day notice, post agendas, and allow member comment. Executive sessions are narrow.
Santa Clara County HOA architectural review runs under Civil Code 4765. Owners submit written applications and receive written decisions, and associations must apply fair and consistent standards.
Santa Clara County HOAs must offer free Internal Dispute Resolution under Civil Code 5900 and Alternative Dispute Resolution under 5925 before filing enforcement lawsuits. ADR typically involves mediation before court.
Santa Clara County HOAs enforce CC and Rs under Civil Code 5850 to 5895. Fines require 10 day written notice and a board hearing, and cannot become a lien unless tied to assessments. Selective enforcement is a defense.
In Santa Clara County, one-story detached accessory structures (sheds) not exceeding 120 square feet do not require a building permit if they have no utilities. Larger sheds require permits. All sheds must comply with zoning setbacks.
Decks under 200 square feet, under 30 inches above grade, not attached to a dwelling, and not serving a required exit door do not require a permit. Larger or elevated decks require building permits in Santa Clara County.
Fences under 7 feet do not require a building permit in Santa Clara County. Retaining walls over 4 feet require permits. Front-yard fences are limited to 3-4 feet depending on whether solid or open.
Renovation work involving structural changes, electrical, plumbing, or mechanical modifications requires a building permit in Santa Clara County. Cosmetic work does not. ADU conversions follow streamlined state permitting requirements.
Santa Clara County Code Enforcement handles violations in unincorporated areas through the Department of Planning and Development. Reports can be filed online or by calling (408) 299-5770. Within cities, each municipality has its own enforcement division.
Santa Clara County prioritizes code enforcement complaints by severity. Health and safety hazards receive expedited response within 1-3 days. Standard violations are investigated within 5-15 business days with compliance periods of 30-90 days.
Common violations in Santa Clara County include building or occupying structures without permits, unpermitted grading, illegal accessory dwelling units, cannabis cultivation violations, and improper land use in agricultural and hillside zones.
California Retail Food Code (Health and Safety Code 113700-114437) sets uniform mobile food facility permit, equipment, and food safety standards enforced by counties statewide.
California's Safe Sidewalk Vending Act (SB 946) preempts most local bans on sidewalk vending, allowing only objective health, safety, and welfare regulations.