STATEWIDE UPDATE: New California ADU Bills SB13, AB68, AB881, AB670 have passed. These laws will create more options for building an ADU in Milpitas in 2020. To prepare for the upcoming changes use our ADU Services to learn how these laws will effect your property!
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Milpitas ADUs

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Last Updated 08/11/19

codes

The city government of Milpitas will approve ADUs under California's statewide mandated regulations.
The California Building Code (CBC) 2016 is adopted with the following amendment(s): 65.145
Relevant state bill updates for SB13, AB68, AB881, AB670 are shown in green below.


hintsights

City Hint: The city has not yet responded to requests for ADU permit volumes for the past year, but they will be provided here once response has been received.


Zoning

Number of ADUs allowed:

One second family unit may be allowed per lot.

AB68 & AB881 Update: Properties which convert existing space to create ADUs may be eligible for one ADU -AND- one JADU.

Types of ADUs allowed:

Detached ADU, attached ADU, junior ADU.

Lot size:

Per state requirements.

AB68 & AB881 Update: Properties will not be subject to minimum lot standards by ordinance or of the applicable zoning district.

ADU size:

Attached ADU: The increased floor area of an attached second family unit in a non-hillside combining district shall not exceed thirty (30%) percent of the existing living area, not to exceed four hundred seventy-five (475) square feet in size. The increased floor area of an attached second family unit in the Hillside combining district shall not exceed thirty (30%) percent of the existing living area, not to exceed one thousand two hundred (1,200) square feet in size. However, in no case shall the overall building size exceed that allowed in Section XI-10-45, Hillside Combining District, of this Chapter. A second family unit which is an efficiency unit, as defined Section 17958.1 of the State Health and Safety Code, shall not contain less than one hundred fifty (150) square feet .

AB68 & AB881 Update: Properties will be allowed up to 850 square feet for a one bedroom or up to 1,000 square feet for a two bedroom ADU.

Setbacks:

Detached ADUs shall be no closer than six (6) feet, and no farther than one hundred (100) feet, from the primary dwelling. It shall conform to the same yard setback and rear yard coverage regulations applicable to accessory buildings and structures, as per Section XI-10-54.08, Accessory Buildings and Structures, of this Chapter. If attached to the primary dwelling, the second family unit shall comply with the same building height, setback, rear yard coverage and lot coverage requirements and limitations as the primary dwelling.

AB68 & AB881 Update: The maximum required setback for a detached new construction ADU shall be no more than 4 feet from the rear or side property lines.

Parking:

The second family unit shall provide one (1) more off-street parking space than required for a single-family dwelling. This additional parking space may be tandem and within the required front yard so long as it is located on the driveway serving the primary dwelling. front yard coverage requirements in the R1 zoning district shall apply. No parking shall be permitted on the street side yard of a corner lot. Covered parking shall comply with the requirements in Section XI-10-54.08, Accessory Buildings and Structures, of this Chapter. parking space shall measure ten (10) feet by twenty (20) feet, and be improved as provided in Section XI-10-54.03, Improvement of parking areas, Auto Sales Areas and Loading Areas, of this Chapter.

AB68 & AB881 Update: Properties which convert an existing garage will not be subject to replacement parking requirements.

Fire Safety:

Per state requirements.

Shape, materials and style:

The second family unit shall be designed to be architecturally compatible and visually integrated with the primary dwelling. It shall employ design, materials and colors matching those of the primary dwelling.

Height:

A detached second family unit in a non-Hillside combining district shall be located on the rear half of the lot, shall not exceed fifteen (15) feet in height. A detached second family unit in the Hillside combining district shall not exceed seventeen (17) feet and one (1) story from finished grade to the highest Ridgeline of the building.

Design review:

Any application for a second family unit that meets the minimum Standards shall be approved ministerially without discretionary review or public hearing.

Number of Bedrooms:

The second family unit shall not have more than one (1) bedroom or more than one (1) kitchen.

Ownership:

Applicant and Ownership.
a. One (1) of the two (2) units shall be occupied by the owner of the property at the time of application submittal.
b. The second family unit shall not be sold to a different owner than the main residence and may be rented.

SB13 Update: Owner-occupancy requirements for ADUs will be voided statewide for 5 years.

Utilities & Access

g.
Second family units shall not be allowed where roadways, public utilities and services are inadequate, as determined by City staff, based on the City's adopted sewer and water master plans. If City staff believes that an additional residential unit will impact traffic flow along the residential street on which the unit is proposed, the applicant shall provide a traffic impact analysis for staff review. The applicant shall comply with the recommendations contained in the traffic impact analysis.

Permit Fees

SB13 Update: Local impact fees for ADUs will be reduced substantially statewide.

Allowed Zones:

The lot is residentially zoned and contains only one (1) existing, legal single-family dwelling unit.

AB68 & AB881 Update: ADUs will be allowed statewide in all single-family or multi-family zoning districts.

Lot Coverage:

Detached ADUs in Hillside areas shall not cover more than thirty (30%) percent of the required rear yard.

Building Code

Local building codes shall apply to additions to existing single-family dwellings, as well as to detached second family units, as appropriate. A permanent foundation shall be required for all second family units.

Residential Building Code:

The California Building Code (CBC) 2016 is adopted with the following amendment(s): 65.145

Milpitas City Planning Offices
Permitting

Milpitas Planning & Zoning

455 East Calaveras Boulevard. Milpitas, CA 95035

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Shawn Sidhu

C2 Financial Corporation

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Milpitas ADU Marketplace

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A recent customer review:

"Hausable fills a much needed space between the homeowner and the architect. No longer do I have to spend countless hours trying to reach someone at the city permit office to answer the many questions I have before even hiring an architect. I find this service invaluable."

Susan in Pasadena, CA

Customer since August, 2018


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Costs / ROI

APPRECIATION ESTIMATE

* upon completion of ADU

CONSTRUCTION COST ESTIMATE

* based on local average price per sqft

RENTAL ESTIMATE

* estimated by location

MORTGAGE ESTIMATE

* 30 years / 5% interest rate / 20% down payment

BASED ON LOCAL AVERAGE PROPERTY DATA & VALUE

Appreciation Estimate = (Base Value: $) / (Home's Living Space: sqft) * (ADU's Living Space: sqft)

Rental Estimate = (Rent Per Sqft: $3.91) * (ADU's Living Space: sqft)




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