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Milpitas, CA Short-Term Rentals: Short-Term Rental Parking Rules (2026)

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

Key Facts

Parking required
One off-street space per STR
Standard
Must meet Chapter C.6 parking rules
Enforcing official
Director, Planning and Neighborhood Services
Cap
One STR permitted per dwelling unit
Penalty
Permit revocation after notice and hearing

Summary

Milpitas requires every short-term rental to provide one off-street parking space under Municipal Code Section XIII-C.10.200.C.4. The space must meet Chapter C.6 parking and loading standards, and only parking beyond what the primary dwelling already needs may be assigned to the STR. Operators without a compliant space cannot receive a Short-Term Rental Permit from Planning and Neighborhood Services.

4.Off-Street Parking Requirement. One off-street parking space must be provided for the STR. Any parking space in excess of the required number of parking spaces for the primary dwelling unit in accordance with Chapter C.6 (Parking and Loading) may be used for the STR. The parking space must comply with all development standards set forth in Chapter C.6 (Parking and Loading).

Full Breakdown

The City of Milpitas regulates short-term rentals (STRs) under Municipal Code Chapter C.10.200, which requires a Short-Term Rental Permit before any dwelling unit is rented for a short term. Subsection C.4 sets the parking condition: the operator must provide one off-street parking space dedicated to the STR. That space cannot simply be a driveway apron or on-street spot; it must satisfy every development standard in Chapter C.6 (Parking and Loading), covering dimensions, surfacing, and access. The code allows flexibility for owners whose home already has more parking than the primary dwelling unit needs: any space in excess of the primary unit's required minimum may be reassigned to the STR rather than built new.

Because Milpitas limits STRs to hosted stays in primary dwelling units only (accessory structures, ADUs, and RVs are excluded under Subsection B.3), the parking condition applies to a single space per property, matching the cap of one STR per dwelling unit set in Subsection C.3. The Director of Planning and Neighborhood Services reviews parking compliance when processing the Short-Term Rental Permit application, which must include the location and dimensions of the designated space. A property that cannot demonstrate a code-compliant off-street space will not receive or keep its permit; Subsection G authorizes the City to revoke a Short-Term Rental Permit for any violation of Title XIII standards, including this parking requirement, after notice and a hearing under Section D.18.070.

Violations & Fines

Operating an STR without the required off-street parking space violates Municipal Code Section XIII-C.10.200.C.4. The Director can deny or revoke the Short-Term Rental Permit under Subsection G after notice and an opportunity for a hearing under Section D.18.070 (Modification, Revocation, and Suspension). Because the STR Permit is tied to the property's Business License under Chapter III-1, a parking violation can also block Business License renewal until the space complies with Chapter C.6.

Frequently Asked Questions

Can I use my driveway for the required STR parking space in Milpitas?
Only if the driveway meets the dimensional and surfacing standards of Municipal Code Chapter C.6 (Parking and Loading). Section XIII-C.10.200.C.4 requires one off-street space dedicated to the short-term rental, and it must comply with every Chapter C.6 development standard, not just be an open paved area.
What if my house already has extra parking?
Milpitas lets you use it. Any parking space beyond what Chapter C.6 requires for the primary dwelling unit may be assigned to the STR instead of adding a new space, under Section XIII-C.10.200.C.4.
What happens if my Milpitas STR doesn't have compliant parking?
The Director can deny your Short-Term Rental Permit application or revoke an existing permit under Subsection G, following notice and a hearing under Section D.18.070. You cannot legally operate the STR until the parking space meets Chapter C.6 standards.

Sources & Official References

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