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Milpitas, CA Parking Rules: EV Charging (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Municipal Code § XIII-C.6.090
EV spaces count toward parking
Yes, per Chapter C.6
Exceptions allowed for
Insufficient power or ADU/JADU project
Public station postings required
Voltage, hours, fee, safety, contact
Bonus parking credit
Up to 10 spaces for extra EV stalls
Max penalty for violation
$1,000 fine and/or 6 months jail

Summary

In the City of Milpitas, electric vehicle charging stations and EV-capable parking spaces count toward a project's required parking under Municipal Code § XIII-C.6.090. The number required tracks the California Green Building Code, but the Director and Building Official may grant a case-by-case exception for insufficient electrical supply or for an ADU or JADU project. Public charging stations must post specific operating information.

Electric vehicle (EV) charging stations and EV-capable parking spaces may be provided in any area designated for the parking or loading of vehicles. All such spaces shall count toward the number of parking spaces required by this Chapter. A.Required EV Charging Stations. The total number of required EV charging spaces shall be provided in compliance with the California Green Building Code.B.Exceptions. Exceptions to the total number of EV charging spaces may be made on a case-by-case basis where the Director and the Building Official determine that EV charging infrastructure is not feasible based upon one or more of the following conditions:1.There is insufficient electrical supply; or2.The project is for an accessory dwelling unit or junior accessory dwelling unit. ... 4.EV Stations for Public Use. EV charging stations for public use must comply with the following standards.a.The public EV charging station shall be visible from the right-of-way and illuminated during nighttime business hours. ... b.The EV charging station may be on a timer that limits the use of the station to the normal business hours of the use(s) that it serves to preclude unauthorized use after business hours.

Full Breakdown

Under § XIII-C.6.090, EV charging stations and EV-capable spaces may be installed in any area designated for vehicle parking or loading, and every such space still counts toward the parking Chapter C.6 requires. The California Green Building Code sets how many are required; the Director and Building Official can waive that count only where there is insufficient electrical supply or the project is an accessory dwelling unit or junior accessory dwelling unit. Charging equipment must be sized to the same dimensions as regular stalls under § XIII-C.6.080.D, and EV supply equipment cannot shrink a space below the minimum.

Stations are allowed in every zone but must be protected from vehicle damage, must not create pedestrian or traffic hazards, and must carry posted instructions and warnings. A publicly available station must be visible from the right-of-way and lit at night under the City's general lighting standard, may run on a timer limiting use to the business hours of the use it serves, and must post voltage and amperage, hours of operation if tow-away rules apply, the usage fee, safety information, and contact details for reporting outages.

Existing parking spaces removed to make room for required EV spaces do not have to be replaced elsewhere. Separately, § XIII-C.6.060.D rewards extra charging capacity: each EV space provided beyond the code minimum counts as two ordinary parking spaces, up to five additional EV spaces for a maximum 10-space reduction in required parking.

Violations & Fines

Installing or operating EV charging infrastructure that does not meet § XIII-C.6.090 is a violation of Title XIII (Zoning). Under § XIII-D.18.040, any person convicted of violating a Title XIII provision faces a fine of up to $1,000, up to six months in the Santa Clara County jail, or both, and each day the violation continues counts as a separate offense. The Building Official can also issue a Stop Work Order under § XIII-D.18.060 until noncompliant equipment is corrected or removed.

Frequently Asked Questions

Do EV charging spaces count against my required parking total in Milpitas?
Yes. Under § XIII-C.6.090, EV charging stations and EV-capable spaces count toward the parking required by Chapter C.6, and § XIII-C.6.060.D lets each EV space added beyond the minimum count as two spaces, up to five extra spaces for a 10-space credit.
Can Milpitas waive EV charging requirements for my project?
The Director and the Building Official may grant a case-by-case exception if there is insufficient electrical supply or if the project is an accessory dwelling unit or junior accessory dwelling unit, per § XIII-C.6.090.B.
What must a public EV charging station in Milpitas display?
Voltage and amperage levels, hours of operation if time limits or tow-away rules apply, the usage fee, safety information, and contact information for reporting problems must all be posted, and the station must be visible from the right-of-way and illuminated at night, per § XIII-C.6.090.D.4.
What happens if a charging station is installed without meeting Milpitas standards?
It is a Title XIII zoning violation, punishable under § XIII-D.18.040 by a fine of up to $1,000 and/or up to six months in county jail, with each day of continued violation treated as a separate offense.

Sources & Official References

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