Affordable units in new housing (inclusionary) in Milpitas

Each rule below links to the section of the Milpitas Municipal Code it was read from, with the code text one click away (checked October 2026). General information, not legal advice.

What Milpitas's code says

Milpitas code What Milpitas's code adds
Fee instead of units	Based on the gross square footage built for each new residential use, with credits for existing building area. § XII-1-4.00 · code text The in-lieu fee shall be calculated based on the gross square footage constructed for each new residential use, taking into account any fee credits that would be applicable based on existing building area. A developer may pay an in-lieu fee for a fraction under 0.5. A fraction of 0.5 or more rounds up. Applies: The 15 percent calculation results in a fractional unit; rounding up means one on-site unit. § XII-1-3.00 · code text If the 15 percent calculation results in a fractional unit that is less than 0.5 (i.e., less than half a unit), the developer may pay an in-lieu fee for that fractional unit, as more specifically outlined in Section 4 of this Chapter. Based on the total gross square footage of all dwelling units in the project, including accessory dwelling units. Applies: Payment of in-lieu fees for a project that includes accessory dwelling units. § XII-1-4.00 · code text any payment of in-lieu fees must be based on the total gross square footage of all dwelling units developed as part of the project, including any accessory dwelling units.
Projects it applies to	10 units or more Applies: New residential projects designed and intended for permanent occupancy; accessory dwelling units are not counted. § XII-1-3.00 · code text All new residential development projects of ten units or more designed and intended for permanent occupancy shall construct 15 percent of the total number of dwelling units within the development as affordable units, except as otherwise provided by this Chapter.
Share of affordable units	15% Applies: New projects of 10+ units for permanent occupancy; ADUs not counted; rentals for very low or low income, ownership for very low, low or moderate. § XII-1-3.00 · code text All new residential development projects of ten units or more designed and intended for permanent occupancy shall construct 15 percent of the total number of dwelling units within the development as affordable units, except as otherwise provided by this Chapter. 100% of rental affordable units go to very low or low income households. Applies: Rental units. § XII-1-3.01 · code text Very low or low income households \| 100% \| 0% 100% of ownership affordable units go to very low, low or moderate income households. Applies: Ownership units. § XII-1-3.01 · code text Very low, low or moderate income households \| 0% \| 100%

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Frequently asked questions

Does Milpitas require affordable units in new housing?

Milpitas's code: Based on the gross square footage built for each new residential use, with credits for existing building area. (§ XII-1-4.00); A developer may pay an in-lieu fee for a fraction under 0.5. A fraction of 0.5 or more rounds up. (The 15 percent calculation results in a fractional unit; rounding up means one on-site unit.) (§ XII-1-3.00).

Affordable units in new housing (inclusionary) in Milpitas

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