Milpitas · Building on your lot

Building on your lot in Milpitas

Milpitas sets its own fence heights, accessory-structure limits and home-business rules. Fence limits differ between the Valley Floor and the Hillside Combining District and depend on the yard.

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Key points

Fence height: City rule: on the Valley Floor, fences are limited to 42 inches in front setbacks and 6 ft in interior side and rear setbacks.
Accessory structures: City rule: all accessory structures together may cover at most 30% of the required rear setback area.
Home businesses: Milpitas home businesses need a Home Occupation Permit, are run only by residents, and may host at most 2 clients at a time.

Each rule below is marked Milpitas code or CA state law and links to the section it comes from (checked October 2026). General information, not legal advice.

Fences and walls

Milpitas code City rule: on the Valley Floor, fences are limited to 42 inches in front setbacks and 6 ft in interior side and rear setbacks.

All 8 Milpitas rules on fences and walls, with the code text →

Sheds, garages and other accessory structures

Milpitas code City rule: all accessory structures together may cover at most 30% of the required rear setback area.

All 7 Milpitas rules on sheds, garages and other accessory structures, with the code text →

Running a business from home

Milpitas code What Milpitas's code adds
Customer visits	No more than 2 clients at a time. Applies: On the premises at any time. § C.10.130 · code text A maximum of two clients is allowed on the premises at any time.
Employees	Only residents may run the business; no employees may report to work there. § C.10.130 · code text Only the residents of the dwelling may operate the home occupation. No employees associated with the home occupation shall report to work on the premises.
Permit	A Home Occupation Permit is required. Applies: Before starting any business. § C.10.130 · code text All persons operating a home occupation must obtain a Home Occupation Permit prior to commencing any business.

Lot splits under SB 9

Milpitas code Each new lot must be between 40% and 60% of the original lot area. Each new lot must be at least 1,200 square feet.

All 5 Milpitas rules on lot splits under SB 9, with the code text →

Solar panels and EV chargers

Milpitas code What Milpitas's code adds
Review time	Same day. Applies: Complete over-the-counter applications for small residential rooftop solar that meet the approved checklist and standard plan. § II-1.5-6.01 · code text The Building Department shall issue a building permit or other nondiscretionary permit the same day for over-the-counter applications or within one to three business days for electronic applications of receipt of a complete application and meets the requirements of the approved checklist and standard plan. 1 to 3 business days. Applies: Complete electronic applications for small residential rooftop solar that meet the approved checklist and standard plan. § II-1.5-6.01 · code text The Building Department shall issue a building permit or other nondiscretionary permit the same day for over-the-counter applications or within one to three business days for electronic applications of receipt of a complete application and meets the requirements of the approved checklist and standard plan.

Tree removal

Milpitas code The city recovers its costs. Yes, a Public Works permit is required.

All 9 Milpitas rules on tree removal, with the code text →

Building in a flood zone

Milpitas code What Milpitas's code adds
Floodplain permit	A development permit is needed before any construction or development begins in a special flood hazard area. § XI-15-4.1 · code text A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section XI-15-3.2.
Building in a floodway	No encroachments, including fill and new construction, unless a registered engineer or architect certifies no base flood elevation rise. Applies: Designated floodways in special flood hazard areas, during the base flood discharge. § XI-15-5.6 · code text Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional engineer or architect is provided, demonstrating that encroachments shall not result in any increase in the base flood elevation during the occurrence of the base flood discharge.
Height of the lowest floor	Lowest floor at least 1 foot above the flood map's depth number, measured from the highest adjacent grade. Applies: New or substantially improved homes in an AO Zone. § XI-15-5.1 · code text In an AO Zone, elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least one (1) foot, or elevated at least three (3) feet above the highest adjacent grade if no depth number is specified. The lowest floor must be at least 3 feet above the highest adjacent grade. Applies: New or substantially improved homes in an AO Zone when the flood map (FIRM) gives no depth number. § XI-15-5.1 · code text In an AO Zone, elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least one (1) foot, or elevated at least three (3) feet above the highest adjacent grade if no depth number is specified. The lowest floor must be at least 1 foot above the base flood elevation. Applies: New or substantially improved homes in an A Zone. The developer's engineer sets the base flood elevation; the City Engineer approves it. § XI-15-5.1 · code text In an A Zone, elevated at least one (1) foot above the base flood elevation, as determined by the developer's engineer, and approved by the City Engineer. The lowest floor must be at least 1 foot above the base flood elevation. Applies: New or substantially improved homes in flood zones other than A and AO. § XI-15-5.1 · code text In all other zones, be elevated at least one (1) foot above the base flood elevation.

Grading and erosion control

Milpitas code What Milpitas's code adds
Grading without a permit	Digs under 2 feet deep moving 50 cubic yards or less; fills of 50 cubic yards or less per lot. Applies: No cut slope over 5 feet high and steeper than 2:1. Fills under 1 foot on ground flatter than 5:1, not supporting structures or blocking drainage. § II-13-4 · code text An excavation which (a) is less than two feet in depth, and (b) which does not create a cut slope greater than five feet in height and steeper than two horizontal to one vertical, (c) and does not result in the movement of more than 50 cubic yards of material. Digs under a valid building permit for pools, basements, footings, retaining wall piers or other structures; well or utility digs. Applies: Does not cover fill made from the dug material, or digs with an unsupported height over 5 feet after completion. § II-13-4 · code text Cemetery graves.

Building on a hillside

Milpitas code No cut or embankment steeper than 3 horizontal to 1 vertical. No grading on any part of a site with a natural slope over 40%.

All 7 Milpitas rules on building on a hillside, with the code text →

Outdoor lighting

Milpitas code What Milpitas's code adds
Shielding	Outdoor lights must be shielded so they are not directly visible from off site. Applies: Hillside areas. Does not apply to motion-sensor security lights. § B.22.150 · code text Outdoor light sources shall be shielded so as not to be directly visible from off-site.

Family child care homes

CA state law California law
Zoning	A small or large family child care home is a residential use and a use by right under all local ordinances, including zoning Health & Safety Code § 1597.45(a)
Business license or fee	A city or county may not charge a business license, fee or tax to run a family child care home Health & Safety Code § 1597.45(b)
Local rules	Local limits on height, setbacks, lot size, health and safety must be the same as for every other home in the same zone Health & Safety Code § 1597.45(e)
Small home	Up to eight children, counting the provider's own children under 10 who live there Health & Safety Code § 1596.78(c)
Large home	7 to 14 children, counting the provider's own children under 10 who live there Health & Safety Code § 1596.78(b)

Affordable units in new housing (inclusionary)

Milpitas code Based on the gross square footage built for each new residential use, with credits for 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.

All 7 Milpitas rules on affordable units in new housing (inclusionary), with the code text →

Signs on homes

Milpitas code Up to 6 square feet in total per lot or parcel. Any number of signs, as long as the 6 square feet total is not exceeded.

All 7 Milpitas rules on signs on homes, with the code text →

Trash and recycling carts

Milpitas code must subscribe to solid waste, recyclable materials, and organic materials collection service Green waste goes in the green container; food waste in the split gray cart side marked by a brown lid.

All 8 Milpitas rules on trash and recycling carts, with the code text →

Other Milpitas rules on this

Milpitas's code also has these chapters. We have not summarized their values on this page yet; read them in the library.

Keeping livestock and horses (§ C.10.060)
Limits on animals kept in residential areas (Ch. V-210) — residentially zoned lots
Noise limits in residential zones (§ V-213-3)
Development impact fees (§ VIII-4-2.01)

Who this affects

HomeownersContractorsDesigners

Frequently asked questions

Can I run a business from my home in Milpitas?

Milpitas home businesses need a Home Occupation Permit, are run only by residents, and may host at most 2 clients at a time.

Do I need a permit for solar panels or an EV charger in Milpitas?

Milpitas's code: Same day. (Complete over-the-counter applications for small residential rooftop solar that meet the approved checklist and standard plan.) (§ II-1.5-6.01); 1 to 3 business days. (Complete electronic applications for small residential rooftop solar that meet the approved checklist and standard plan.) (§ II-1.5-6.01).

What are the rules for building in a Milpitas flood zone?

Milpitas's code: A development permit is needed before any construction or development begins in a special flood hazard area. (§ XI-15-4.1); Lowest floor at least 1 foot above the flood map's depth number, measured from the highest adjacent grade. (New or substantially improved homes in an AO Zone.) (§ XI-15-5.1).

What are the grading rules in Milpitas?

Milpitas's code: Digs under 2 feet deep moving 50 cubic yards or less; fills of 50 cubic yards or less per lot. (No cut slope over 5 feet high and steeper than 2:1. Fills under 1 foot on ground flatter than 5:1, not supporting structures or blocking drainage.) (§ II-13-4); Digs under a valid building permit for pools, basements, footings, retaining wall piers or other structures; well or utility digs. (Does not cover fill made from the dug material, or digs with an unsupported height over 5 feet after completion.) (§ II-13-4).

What are the outdoor lighting rules for homes in Milpitas?

Milpitas's code: Outdoor lights must be shielded so they are not directly visible from off site. (Hillside areas. Does not apply to motion-sensor security lights.) (§ B.22.150).

Can I run a family child care home in Milpitas?

California law sets this for every city, including Milpitas: Zoning: A small or large family child care home is a residential use and a use by right under all local ordinances, including zoning (Health & Safety Code § 1597.45(a)); Business license or fee: A city or county may not charge a business license, fee or tax to run a family child care home (Health & Safety Code § 1597.45(b)); Local rules: Local limits on height, setbacks, lot size, health and safety must be the same as for every other home in the same zone (Health & Safety Code § 1597.45(e)); Small home: Up to eight children, counting the provider's own children under 10 who live there (Health & Safety Code § 1596.78(c)); Large home: 7 to 14 children, counting the provider's own children under 10 who live there (Health & Safety Code § 1596.78(b)).

General information, not legal advice.

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