Affordable Housing Ordinance

Overview

On June 19, 2018, Milpitas City Council adopted an Affordable Housing Ordinance (AHO) Number 297 that requires developers to provide affordable housing units on-site in any new residential development with 10 or more housing units. On February 1, 2022, City Council adopted an AHO amendment to add clarity and encourage more on-site housing construction to help the City meet its Regional Housing Needs Allocation (RHNA) goals.

Alternative compliance measures are available but require council approval. The ordinance requires developers of non-residential projects to pay impact fees to help build or preserve affordable housing. 

The full text of the AHO is posted in Title XII, Chapter 1 of the City's Municipal Code. Please direct AHO questions to housing@milpitas.gov or call the Office of Housing at 408-586-3222.

Purpose of the AHO Program

  • Enhance the public welfare and assure that further housing development contributes to the attainment of the City's housing goals by increasing the production of residential units affordable by households of very low, low, and moderate-income.
  • Assure that the limited remaining developable land in the City's planning area is utilized in a manner consistent with the City's housing policies and needs.

On March 5, 2019, the City Council adopted Resolution 8852 (PDF), which approved the affordable housing fee schedule for a residential in-lieu fee and a non-residential impact fee. View the most recent AHO fee schedule (PDF).

Affordable Housing Development located at 355 Sango Court

How the AHO Program Works

The City is currently writing Administrative Guidelines to help explain the program. Until these are complete, please refer to the below documents for details on how the program works: