Wondering if your community has pre-approved ADU plans? See more details here

Wondering if your community has pre-approved ADU plans? See more details here

A project of the Santa Clara County Planning Collaborative

Local ADU Rules

City of Milpitas

Last Updated September 30, 2025
General Information
Details
ADU resources
Pre-Approved Plans
Planning
Building
School District

Milpitas Unified School District
https://www.musd.org/developer-fees.html

For Accessory Dwelling Units (ADU), if the square footage is 750 sq. ft. or more of assessable space, fees are charged on the entire amount of assessable space.

Utilities
County Departments

Santa Clara County Office of the Clerk-Recorder
https://clerkrecorder.sccgov.org/home

ADU Ordinance
Standards and Rules
Details
Process Overview

ADUs and JADUs require either a Building Permit only, or a Minor Site Development Permit and Building Permit

Zones allowed

All Residential Districts (R1-R5) and Mixed Use Districts (MXD, MXD2, MXD3) Zones

Minimum ADU Size

150 square feet

Maximum ADU Size

Attached ADU or Detached ADU:

  • 850 square feet for a studio or one bedroom and 1000 square feet for a two bedroom unit

Attached or Detached ADU in the “H”Hillside Combining District:

  • 1200 square feet Attached ADU created on a lot with an existing primary dwelling is limited to 50% of the floor area of the existing dwelling
Number of ADUs/Bedrooms
Maximum ADU Height
  • A detached ADU created on a lot with an existing or proposed single-family or multi-family dwelling unit shall not exceed 16 feet in height
  • A detached ADU may be up to 18 feet in height when located on a lot with an existing or proposed single-family or multifamily unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor
  • A detached ADU may be up to two additional feet in height (for a maximum of 20 feet) if needed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit
  • A detached ADU created on a lot with an existing or proposed multi-family dwelling that has more than one story above grade shall not exceed 18 feet in height
  • An attached ADU cannot exceed 25 feet in height or the height limitation imposed by the standards for the underlying zoning district, whichever is less
Setbacks
  • 25 foot minimum front yard setback
  • 4 foot rear and side setback
  • No setback is required if the ADU is constructed in the same location and to the same dimensions of an existing structure
Lot or Location Restrictions
  • No ADU may cause the total lot coverage of the lot to exceed 50%
  • Detached ADUs must be built at least 5 feet from the rear wall of the primary dwelling unit
  • No ADU may cause the total percentage of open space of the lot to be less than 50%
Parking Requirements

One off street parking space is required for each ADU unless one or more of the following conditions are met:

  • The ADU is located within one half (½) mile walking distance of public transit
  • The ADU is located within an architecturally and historically significant historic district
  • The ADU is part of an existing primary residence or an accessory structure
  • On street parking permits are required but not offered to the occupant of the ADU
  • An established car share vehicle stop is located within one block of the ADU
  • When then permit application to create an ADU is submitted with an application to create a new single-family or new multi-family dwelling on the same lot, provided that the ADU or the lot satisfies all other requirements for new development
Other Requirements

JADU Specific Requirements:

  • Must be constructed within the walls of the existing or proposed building
  • No more than 500 sq ft
  • Must include an efficiency kitchen (a cooking facility with appliances, and a food preparation counter with a total area of at least 15 sq ft. and food storage cabinets with a total of at least 30 sq ft of shelf space)
  • Can include separate sanitation facilities or share sanitation facilities with the existing or proposed primary dwelling

Landscaping Standards:

  • Evergreen Landscape screening must be planted and maintained between the ADU and adjacent parcels.
  • At least one 15 gallon size plant must be planted for every 5 linear feet of exterior wall, or alternatively, at least one 24 inch box size plant must be planted for every 10 linear feet of exterior wall
  • These plants must be at least 6 feet tall when installed, or as an alternative a solid fence of at least 6 feet may be installed
  • All landscaping shall be drought tolerant

Architectural Design Standards: 

  • Materials and colors of the exterior walls, roof, and windows must match the appearance of the existing or proposed primary dwelling
  • The roof slope must match that of the dominant roof slope of the primary dwelling
  • An ADU or JADU must have an independent exterior entrance, separate from that of the primary dwelling. The entrance to an attached ADU or JADU must be located on a side or rear building facade, not facing the public right-of- way
  • Exterior lighting is limited to down lights
  • The interior horizontal dimensions of the ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of 7 feet
  • Windows and doors may not have a direct line of sight to a neighboring residential property, and fencing, landscaping, or privacy glass can be used to provide screening and prevent a direct line of sight
  • Windows located on the second story of an ADU or JADU must be either clerestory with the bottom of the glass at least 6 feet above the finished floor, or use frosted or obscure glass to preserve privacy
  • The ADU and primary dwelling must use the same driveway to access the street
Owner Occupancy
  • ADUs are not subject to any owner-occupancy requirement
  • JADUs shall be subject to an owner-occupancy requirement, where the property owner must live in either the primary house or the JADU
Deed Restrictions

Must be recorded requiring compliance with any owner-occupancy regulations

Renting Regulations
  • ADUs and JADUs can not be rented for less than 30 days at a time
  • With the building permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU
Departments and Agencies Involved in Permitting
  • Planning Department
  • Building Department 
  • Land Development Department
Fees for ADUs
  • Building Safety Fee (Plan Review, Inspection, Miscellaneous)
  • Planning Fee (Plan Review)
  • Land Development Fee (Plan Review)
  • Utility Connection Fee (Water, Sewer/Treatment Fee)
  • New Address Request
  • No impact fees are required for an ADU or JADU that is less than 750 sq ft
  • Any impact fee that is required for an ADU that is 750 sq ft or larger is assessed based on the floor area of the primary house
Sample Fees From Recently Built Projects

Wondering what you can build?

Make sure you check out our Learning the Rules page for more step-by-step details