Milpitas / Accessory dwelling units
ADU Builder in Milpitas
Milpitas points homeowners to its ADU page, a toolkit, and Municipal Code section XIII-C.10.030. The City also warns that the toolkit can lag behind later state law. Call R&B at (650) 800-9661 for a Milpitas project. CSLB #1158657.
Use the code section the City cites now
The City’s accessory dwelling units page (opens in a new tab) says readers should use the latest adopted state ADU laws and Milpitas Municipal Code section XIII-C.10.030, Accessory Dwelling Units and Junior Accessory Dwelling Units. The same page links an ADU toolkit and says that toolkit may contain outdated information because state rules change. Treat the toolkit as background, and use XIII-C.10.030 plus the current state rules when they disagree.
The older toolkit still names former section XI-10-13.08. That is not the section the City’s ADU page tells you to use now. If a printout and the ADU page cite different numbers, follow the ADU page and ask the City.
The ADU page also points to the Office of Building Safety for a safe ADU legalization program, an ADU incentive program, and pre-approved plans. Each program has its own eligibility. The page lists adu@milpitas.gov for ADU questions.
SB9 lots are not a simple yes or no
The City’s Senate Bill 9 page (opens in a new tab) says a lot split can produce two lots, and that each of those lots may have a maximum of two units of any kind: a primary dwelling, an ADU, or a junior ADU. The same note says an ADU or junior ADU is not permitted when the lot is split and two primary units are developed on each lot.
That is not a rule that every SB9 lot is barred from an ADU. An older Milpitas FAQ stated a broader prohibition and cited former code section XI-10-13.08. The Senate Bill 9 page is the more specific city statement, and the ADU page cites section XIII-C.10.030. Confirm the combination for the parcel with the City before you buy or design around a split.
Questions homeowners ask
Can I build an ADU on an SB9 lot in Milpitas?
It depends on how the lot is developed. The City’s Senate Bill 9 page says each lot from an urban lot split may have up to two units of any kind, including a primary home, an ADU, or a junior ADU. An ADU or junior ADU is not permitted when the lot is split and two primary units are developed on each lot. Confirm the current rule for the parcel with the City.
Official sources
City rules change. The links below are the pages and documents these notes were checked against. Your address can still differ.
Talk with R&B
R&B Master Construction Inc. · CSLB #1158657. Email info@rbmasterconstruction.com. Headquarters: 84 W Santa Clara St, Suite 700, San Jose, CA 95113. Hours: Monday–Sunday, 7:00 AM–5:00 PM Pacific Time.