Milpitas ADU Requirements
The recent changes in Milpitas ADU requirements are advantageous for homeowners in many ways. First, most homeowners may now afford an Accessory Dwelling Unit (ADU) thanks to amendments made by the City of Milpitas.
The System Development Charges for ADUs were waived by Milpitas City Council in January 2020, reducing the price of creating an ADU by a substantial margin.
Besides, the council had decided to raise the size restrictions to 800 SF, or 75% of the main building. According to local housebuilders, when the city’s economy most needs it, these regulatory changes have created a critical window of opportunity for constructing ADUs in Milpitas and downtown.
Recent Changes in Milpitas ADU Requirements
The ADU movement has seen a sea change with the new ADU legislation introduced in the City of Milpitas. Homeowners can add ADUs to their properties due to these new legislations. As a result, ADUs can contribute to the housing shortage in the city and suburbs of Milpitas.
Here is a quick rundown of the modifications:
- It removes the need for owner occupancy.
- Homeowners have the leverage to have a conventional ADU and a junior ADU on their properties.
- It withdraws limitations on a lot size.
- There is no longer a need for alternate parking.
- It lowers building setback requirements and impact fees.
- Municipalities do not impose restrictions to limit the maximum ADU size to 850 square feet or less.
- It expands opportunities for ADU construction on multi-family properties.
Basic Milpitas ADU Requirements
The basic requirements for constructing an ADU in Milpitas are briefly described here. Besides, you may consult Barnes Remodeling to learn more about how these rules apply to your Milpitas property.
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Allowed Areas
If you have the permissions for residential uses on your site, you may have an ADU there. However, there may be specific exclusions. Additionally, you must already have a multi-family building on your site or have plans to create one (a duplex, triplex, or other apartments or condo building).
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Lot Size
The incredible thing is that any property can qualify for an ADU. In addition, there are no restrictions on minimum lot sizes.
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The Allowable Number of ADUs
Predominantly, you can have one or more ADUs in a single-family home. However, the type of ADU built and the number of dwelling units on the land determines how many ADUs are allowable on multi-family homes. Check with Barnes Remodeling to learn more about the number of ADUs permitted on your land.
Get to know about the important regulations for your Milpitas ADU
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The Maximum Amount of Space
The amount of space, you can have for your ADU will depend on the specific nature of the construction. Here are the details for readers in brief.
Detached ADU |
This standalone ADU separated from the main building can have 1200 square feet of interior space |
Attached ADU |
An attached ADU can have 1200 square feet or half the area of the main building whichever is smaller. |
JADU |
A JADU can have 500 square feet of interior space |
Maximum Height
Generally speaking, you may construct an ADU at least one story and 16 feet tall.
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Minimal Setbacks
Conversion ADUs and junior ADUs must be set back sufficiently to guarantee fire safety. Attached and detached ADUs must always be built at least 4 feet from your property’s side and rear property lines.
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Parking
Conversion ADUs and junior ADUs typically don’t need parking. Unless your project is exempt from the parking regulations, attached and detached ADUs will need one parking space.
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The Number of Bedrooms
An ADU can have as many bedrooms as per its capacity. Nevertheless, single-family homes have size limitations depending on the recommended number of bedrooms.
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Resources and Access
Where roads, public utilities, and services are insufficient, as determined by City staff based on the City’s established sewage and water master plans, second-family units shall not be permitted.
The applicant must submit a traffic impact analysis for staff assessment if city staff considers that adding a residential unit may affect traffic flow along the residential street where the unit is proposed. The applicant must abide by the advice given in the traffic impact evaluation.
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Permitted Zones
State legislation permits the construction of Accessory Dwelling Units beginning in 2020 in all residential zoning zones, including single-family and multi-family units.
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Local Building Codes
Upgrades to single-family homes and detached second-family units must adhere to local building codes. In addition, all second-family units shall be built on a stable foundation.
For complying with ADU requirements in the Milpitas, CA, Barnes Remodeling is the ideal partner. Our in-house skilled and expert resources can design and build the perfect ADU. Moreover, we know all applicable code standards and can secure the required permissions for your project. You’ll be able to save your valuable time and hassle by working with an ADU contractor like us.
To ensure that your desired ADU emerges as per your specifications and that all code requirements are met, we shall collaborate with you at every step. So get your ADU project started by contacting us right away!
What are the parking exemptions for your ADU in Milpitas?
You are exempted from having to allocate parking space if your home lies within half a mile of a public transit stop. Homes that lie in historic districts are also exempted from having to allocate additional parking space for an ADU
Can I have both an ADU and JADU within my property?
Yes, the regulations allow you to have an ADU and JADU within the confines of your property.
Can I rent my ADU to tenants?
Yes, you are allowed to lease the space to tenants in the quest to derive rental income. However, the regulations state that you can only lease the space for 30 days or more.
Can I build my ADU in front of the main home?
You can have an ADU-like structure in front of the main home, but technically speaking, it will not be considered an ADU. The authorities will consider it as a primary home.