City Officials Address State Concerns on Proposed ADU Regulations in Comprehensive Zoning Update

The Milpitas City Council held a special meeting on August 12, 2025, primarily focused on the proposed updates to the city’s accessory dwelling unit (ADU) regulations. The meeting featured a detailed report from Director Jay Lee and staff, addressing concerns raised by the California Housing and Community Development (HCD) regarding potential violations of state law within the proposed ordinance.

During the discussion, it was revealed that the HCD had sent a letter highlighting specific issues with the clarity of the ADU regulations. The letter suggested that certain sections did not adequately exempt state-streamlined ADUs, which are subject to different standards under state law. However, city staff maintained that the current regulations are sufficiently clear and have been effectively implemented in practice over the past few years.

Key points addressed included the interpretation of deed restrictions related to streamlined ADUs. Staff clarified that these restrictions do not impose additional standards but simply require compliance with existing ADU regulations. Furthermore, the council discussed the maximum size limitations for detached ADUs on multifamily properties, asserting that the state government code allows for an 800 square foot limit, which the city intends to uphold.

In conclusion, city staff emphasized that any changes to the ADU regulations would be submitted to the HCD for review within 60 days of adoption, allowing the state agency to provide further input on the matter. The council's commitment to aligning local regulations with state law aims to ensure clarity and compliance while addressing housing needs in Milpitas.