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's short-term rental ordinance (Zoning Code Section 13, XI-10-13.17) is built around a strict primary-residence rule. Hosts may operate a short-term rental only in eligible homes where the host also lives at least 275 nights per year. The City states plainly that you must live in the actual dwelling unit (apartment, suite, condominium, or house) that you wish to offer as a short-term rental; you cannot rent out a separate property you do not occupy. A host is defined as either the property owner or the resident of the property where the STR is located. For new residents, the City requires that the applicant have resided in that specific dwelling for at least 60 consecutive days prior to the application, to confirm genuine residency before a permit is granted. Because the host must live in the unit at least 275 nights per year, the home necessarily remains the host's primary residence, and unhosted rentals (renting the entire home with no resident present) are prohibited. This framework effectively bars pure investor or non-owner-occupied STRs in Milpitas and ties every permit to a real, occupied home. For live/work units, hosts may rent only the residential 'live' portion in which they permanently reside, not the 'work' area.
Operating a short-term rental in a property that is not the host's primary residence, failing to meet the 275-nights-per-year residency requirement, applying as a new resident without the required 60 consecutive days of prior residence, or running an unhosted entire-home rental are violations of the City's short-term rental ordinance. The City imposes penalties of at least $1,000 per day for each dwelling unit in violation, accruing from the issuance of a Notice of Violation by Code Enforcement until the violation is abated. Misrepresenting residency on an application can also lead to permit denial or revocation.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
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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 g...
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Milpitas does not ban artificial turf, and California Civil Code 4735 prevents HOAs from prohibiting synthetic grass. However, the City's zoning code treats ...
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Milpitas has adopted a Water Efficient Landscape ordinance (Title VIII, Chapter 5; Ordinance 238) implementing California's state MWELO. Permitted new and re...
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Milpitas does not prohibit residential rainwater harvesting. California law lets homeowners capture rooftop rainwater for outdoor use without a water right, ...
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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. a...
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Milpitas runs an annual Weed Abatement Program treating accumulated weeds, dry grass, and combustible vegetation as a fire and safety nuisance. Owners must c...
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