Milpitas Municipal Code Ch. B.4 Residential Zones and Standards

A. Single-Family (R1) Zone. The Single-Family (R1) Zone is intended for single-family residential development, including clustered residences, and to stabilize and protect the residential character of these neighborhoods within the community.

B. One and Two-Family (R2) Zone. The One and Two-Family (R2) Zone is intended for a mix of residential development types, and to stabilize and protect the residential character of these neighborhoods within the community.

C. Multi-Family (R3) Zone. The Multi-Family (R3) Zone is intended for multi-family residential development, and to stabilize and protect the residential character of these neighborhoods within the community.

D. Multi-Family Very High Density (R4) Zone. The Multi-Family Very High Density (R4) Zone is intended for higher intensity multi-family residential development, and to stabilize and protect the residential character of these neighborhoods within the community.

E. Mobile Home Park (MHP) Zone. The Mobile Home Park (MHP) Zone is intended to promote the diversification of available housing opportunities within Milpitas through the establishment of standards for planned mobile home parks. This zone is further intended to encourage stable residential environments within individual mobile home parks and provide for transitions to surrounding areas.

(Ord. No. 38.858, § 4, 9/2/25)

A. Table B.4.020-A (Residential Zones Use Regulations) sets the land use regulations for residential zones. Land uses are defined in Chapter E.4 (Definitions of Uses). In cases where a land use is not listed in the table, the Director shall make a determination regarding similar use consistent with Subsection A.4.020.G (Determination of Similar Use).

B. Land uses not listed in the table and not substantially like the uses below are prohibited unless the Planning Commission approves a Conditional Use Permit consistent with Subsection D.4.030 (Use Permits) and finds that use will not have adverse impacts or be more detrimental to the public welfare than any other use explicitly allowed, with or without a Conditional Use Permit, in the same zone.

C. All uses shall be conducted entirely within enclosed structures, unless specifically noted or otherwise approved by the Director or Review Authority.

Table B.4.020-A: Residential Zones Use Regulations

"P" = Permitted Use / "MC" = Minor Conditional Use Permit approved by Zoning Administrator required / "MCS" = Minor Conditional Use Permit approved by Director required / "C" = Conditional Use Permit required / "-" = Not Allowed

Table Notes:

1 Mobile food vending may be permitted:

• In the public right-of-way in R1, R2, and R3 zones as part of an approved special event consistent with Section C.10.230 (Temporary Uses and Structures), and is not allowed on private property with a residential use in these zones.

• In the public right-of-way in the R4 Zone upon issuance of all required City and County permits consistent with Subsection C.10.170 (Mobile Food Vending), and may be permitted as part of an approved special event on private property with a residential use in the R4 Zone.

• In all residential zones, on private parcels with a current certificate of use and occupancy as a library/museum, hospital, educational institution, or community assembly use, provided that the mobile food vending use shall not operate more frequently than once per week and for no longer than three consecutive days.

2 These uses must comply with the following:

• Activities must be conducted in ground floor spaces which are integral parts of a main buildings; however, incidental uses that serve only residents of the project are not limited to the ground floor;

• Uses must comprise less than or equal to 10,000 sf in gross floor area; and

• Uses must close no later than 10:00 P.M.

3 When located on the ground floor, retail sales of products related to the personal services provided must be offered at the front of the premises near the pedestrian entrance and must comprise at least 10% of the floor area of the business establishment.

4 Mobile fueling is permitted when fueling service is ordered by an individual vehicle owner and the amount of fuel dispensed as part of any individual order does not exceed 50 gallons. Mobile fueling for fleet vehicles is not permitted.

(Ord. No. 38.858, § 4, 9/2/25)

Table B.4.030-A (Residential Zones Development Standards) establishes the development standards for residential zones.

Table B.4.030-A: Residential Zones Development Standards

ft = feet / sf = square feet / du = dwelling unit / FAR = floor area ratio / n/a = not applicable

Table Notes:

1 For properties with slopes equal to or greater than 16%, but less than 26%, the minimum lot width shall be 200 ft. For properties with slopes equal to or greater than 26%, the minimum lot width shall be 300 ft.

2 When determining the density of non-traditional housing configurations such as group living accommodations and single-room occupancy residences, three bedrooms may be counted as the equivalent of one unit.

3 The maximum density can be up to 40 dwelling units per gross acre where a Planned Unit Development has been approved, and the Council finds that sewer capacity and water availability will be sufficient to accommodate the proposed project density as well as other future Planned Unit Development downstream from the project site. Any improvements to the sewer or water system that would be required to accommodate any higher density proposals may be made conditions of project approval.

4 For properties with slopes equal to or greater than 16%, the minimum setback is 40 ft.

5 For properties, if access is provided to the side of garage via a curved driveway, the setback may be 15 ft.

6 The sidewalk shall be based on either existing sidewalk or an assumed 10-ft wide sidewalk, whichever is wider.

7 Where a public easement prevents a building from being located at its required minimum or maximum setback lines, the building shall be located as close to the back of the easement as possible.

8 For properties with slopes equal to or greater than 16% but less than 26%, the minimum setback shall be 20 ft on one side and a total of 45 ft for both sides. For properties with slopes equal to or greater than 26%, the minimum setback shall be 40 ft.

9 Height must comply with standards for both height in feet and number of stories.

10 The height restriction can be waived where a Planned Unit Development has been approved at a density above 30 du per gross acre in compliance with the provisions of Section D.12 (Planned Unit Development).

11 Usable open space may be satisfied through a combination of private open space, common open space, and/or publicly accessible open space provided that all applicable minimum requirements and standards for each open space type are complied with (see Milpitas Residential and Mixed-Use Objective Design Standards).

12 Usable open space requirements do not apply to single-family dwellings.

13 Per site requirements may also include areas that are landscaped consistent with Chapter C.4 (Landscaping Standards).

(Ord. No. 38.858, § 4, 9/2/25)

A. R1 Zone Front Yard Coverage. For lots in the R1 Zone, a portion of the required front yard may be paved as follows.

1. Width of Front Yard Paved Area. The width of paved area in the required front setback must not exceed the width of the garage, or 50 percent of the lot width measured at the front property line, whichever is greater.

2. Calculating Front Yard Coverage.

a. Patios within the required front setback are counted towards coverage limits.

b. Walkways that do not exceed four feet in width do not count towards coverage limits.

3. Hillside Front Yard Coverage. For "H" Hillside Combining District properties, refer to Chapter B.22 ("H" Hillside Combining District) for additional requirements.

4. Parking in Front Yards. For regulations pertaining to parking in the front yard, refer to Milpitas Municipal Code Chapter V-500 (Neighborhood Beautification).

5. Driveways on Lots with One or Two Dwelling Units. See Section C.6.080.A.2 (Driveways on Residential Lots with One or Two Dwelling Units) for driveway standards.

B. Two-Unit Projects.

1. Purpose. The purpose of this Subsection is to allow and appropriately regulate two-unit projects in compliance with California Government Code section 65852.21.

2. Application.

a. Only individual property owners may apply for a two-unit project. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title, and does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp., S corp., etc.) except for a community land trust (as defined by California Revenue and Tax Code section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue and Tax Code section 214.15).

b. An application for a two-unit project must be submitted on the City's approved form.

c. The applicant must obtain a Certificate of Compliance with the Subdivision Map Act for the lot and provide the Certificate with the application.

d. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

e. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this Subsection, in compliance with applicable law. The Council may establish and change the fee by resolution. The fee must be paid with the application.

3. Approval.

a. An application for a two-unit project is approved or denied ministerially, by the Director, without discretionary review. The Director shall approve or deny the application within 60 days of the date the City received a complete application.

b. The ministerial approval of a two-unit project does not take effect until the City has confirmed that the required documents, such as the deed restriction and easements, have been recorded with the Santa Clara County Clerk.

c. The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.

d. The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of the Milpitas Municipal Code.

4. Location Requirements. A two-unit project must satisfy each of the following requirements:

a. Subdivision Map Act compliance. The lot must have been legally subdivided in compliance with the Subdivision Map Act.

b. Single-family residential zone. The two-unit project shall be located in a single-family residential zone. The R1 Zone is the only single-family residential zone where a two-unit project may be located.

c. Lot location. The two-unit project shall be located on a lot that conforms with the applicable requirements of Milpitas Municipal Code Section XI-1-31.04-4 (Lot Location).

d. Not historic. The two-unit project shall be located on a lot that conforms with the applicable requirements of Milpitas Municipal Code Section XI-1-31.04-5 (Historic Properties).

e. No impact on protected housing. The two-unit project shall be located on a lot that conforms with the applicable requirements of Milpitas Municipal Code Section XI-1-31.04-7 (No Impact on Protected Housing).

5. Residential Unit Standards.

a. Quantity.

(i) No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means a dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this Subsection, an ADU, or a JADU.

(ii) A lot that is not created by an urban lot split may have a two-unit project under this Subsection, plus any ADU or JADU that must be allowed in accordance with this Title and state law.

b. Unit size.

(i) The total floor area of each primary dwelling that is developed on a resulting lot must be:

(a) Less than or equal to 800 square feet; and

(b) More than or equal to 500 square feet.

(ii) A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split, and it may not be expanded.

(iii) A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split.

6. Maximum Height. The height of a two-unit project must comply with the R1 Zone building height standards.

7. Setbacks.

a. General setbacks. All setbacks must conform to those objective setbacks that are imposed through the R1 Zone, except for the following:

(i) Existing structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

(ii) Minimum unit size. The R1 Zone setbacks must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.

b. Front setback area. Dwellings constructed under this Subsection must be a minimum of 15 feet from the front property line. The front setback area must:

(i) Be kept free from any structure greater than three feet high;

(ii) Be at least 50 percent landscaped with drought-tolerant plants, as shown on a landscape plan consistent with Chapter C.4 (Landscaping Standards); and

(iii) Allow vehicular and fire-safety access to the front structure in compliance with Milpitas Municipal Code Title II (Building Regulations) and Title V (Public Health, Safety and Welfare).

8. Parking. Each new primary dwelling unit that is built on either an existing lot or a lot created through an urban lot split must have at least one off-street parking space per unit, except for the following:

a. Proximity to transit. No additional parking is required for any new primary dwelling unit located within one-half mile walking distance of:

(i) A corridor with fixed-route bus service or the intersection of two or more major bus routes with frequency of service intervals of 20 minutes or less during the morning and afternoon peak commute hours; or

(ii) A site that contains an existing rail or bus rapid transit station; or

b. Proximity to car-share service. No additional parking is required for a new primary dwelling unit located within one block of a car-share vehicle location.

9. Design Standards. The objective design standards applicable to a single-family dwelling consistent with Section C.10.210 (Single-Family Dwelling) and the underlying zone shall apply to two-unit projects.

10. Landscaping. The landscape standards applicable to a single-family dwelling and the underlying zone shall apply to two-unit projects.

11. Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected unless the nonconformity is allowed by this Subsection. See Subsection B.4.040.B.7 (Setbacks) above.

12. Utilities.

a. Each primary dwelling unit on an existing lot or the lots resulting from an urban lot split must have a separate direct water connection to the water service provider.

b. Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

13. Building and Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot and all structures to the City's current Building Code.

14. Separate Conveyance. Within a resulting lot, the following standards apply:

a. Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.

b. Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.

c. All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.

15. Regulation of Uses.

a. Residential only. Nonresidential uses, except for legal home-based businesses, are not permitted on any R1 Zone lot.

b. No Short-Term Rentals. No dwelling unit located on a lot created by an urban lot split may be rented for a period of less than 30 days.

16. Owner Occupancy. The individual property owner of a lot with a two-unit project must occupy one of the dwellings on the lot as the owner's principal residence and legal domicile. Urban lot splits shall comply with owner occupancy requirements in California Government Code section 66411.7(g).

17. Notice of Construction.

a. At least 30 business days prior to starting any construction activities related to a structure on a lot created by an urban lot split, the property owner must provide written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

(i) Notice that construction has been authorized:

(ii) The estimated start and end dates for construction:

(iii) The hours of construction;

(iv) Contact information for the project manager (for construction-related issues); and

(v) Contact information for the City's Building Safety and Housing Department.

b. This notice requirement does not confer a right on the noticed persons or any others to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a two-unit project under this Chapter. This notice requirement is intended to foster neighborhood awareness and expectations.

18. Deed Restriction. The owner must record a deed restriction, acceptable to the City, that includes the following:

a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days;

b. Expressly prohibits any nonresidential use of the lots created by the urban lot split;

c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot; and

d. If the property was formed by an urban lot split, states that the property is subject to the City's urban lot split regulations, including all applicable limits on dwelling size and development.

19. Specific Adverse Impacts.

a. Without conflicting with any other provisions in this Subsection, the City may deny an application for a two-unit project if the Building Official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, as defined in California Government Code section 65589.5(d)(2).

b. "Specific adverse impact" has the same meaning as in California Government Code section 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include:

(i) Inconsistency with the zoning ordinance or general plan land use designation; or

(ii) The eligibility to claim a welfare exemption under California Revenue and Taxation Code section 214(g).

c. The Building Official may consult with and be assisted by the Department and others as necessary in making a finding of specific, adverse impact.

20. Remedies. If a two-unit project violates any part of this Title or any other legal requirement:

a. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

b. The City may:

(i) Bring an action to enjoin any attempt to sell, lease, or finance the property.

(ii) Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

(iii) Pursue criminal prosecution punishable by imprisonment in county jail or state prison for up to one year and/or a fine of up to $10,000.00. Criminal prosecution may also be punishable by a misdemeanor.

(iv) Record a notice of violation.

(v) Withhold any or all future permits and approvals.

(vi) Pursue all other administrative, legal, or equitable remedies that are allowed by law or the Milpitas Municipal Code.

(Ord. No. 38.858, § 4, 9/2/25)