Multifamily and Duplex Properties for Sale in New Almaden: Zoning and Rent Rules

What multifamily in New Almaden looks like

New Almaden has no apartment buildings in the usual sense. The village is a cluster of historic cottages and houses inside a National Historic Landmark District, most of it surrounded by Almaden Quicksilver County Park. Income property here means a single-family rental, a home with an accessory dwelling unit, or a historic house that already holds more than one unit as a legal nonconforming use. Every one of those options passes through the County’s -h1 historic district rules, so the investment question is usually about one or two units, not ten. For small properties, see financing 2-4 unit properties; apartment building loans apply only if you are buying elsewhere in the county.

Where the zoning allows it

The County’s -h1 New Almaden district sets the residential options inside the landmark district and overrides conflicting base district rules.

Historic limits. New buildings and exterior changes need design review, and in -h1 the Historical Heritage Commission holds its own hearing first. Heights are capped at 35 feet and two stories, historic front setbacks along Almaden Road must be kept for Priority List 1 properties, and materials and colors are mandatory for Priority List 1 and 2 buildings. A detached ADU behind a historic cottage is possible, but expect design scrutiny.

SB 9. The County implements SB 9 through its Urban Primary Unit rules. In a June 24, 2025 letter, the state housing department said the County must define "registered cultural heritage resource" and keep its historic exclusion no broader than state law. That matters directly in New Almaden: whether a given parcel can use SB 9 may depend on how the County resolves that finding. Check for amendments. See our SB 9 lot split guide and ADU investment guide.

Rent rules: state law and County protections

The Attorney General’s rent cap page, updated July 16, 2026, shows no local rent ordinance covering unincorporated Santa Clara County. Covered units follow AB 1482, at up to 8.6% for increases from August 1, 2026 through July 31, 2027. Many New Almaden rentals are single-family homes, which can be exempt when owned by an individual and given the required notice. See our AB 1482 guide.

County relocation rule. County Code Division C5, adopted in 1993, applies when a tenant must leave because of a vacate order or an eviction based on unsafe or hazardous conditions. The owner must give substitute housing at no added cost or pay three months of HUD fair market rent plus utilities. Tenants get a first right to return within 180 days of the unit becoming habitable. In older historic houses, a code enforcement case can trigger this rule, so read any open violations before you buy.

Expanded tenant ordinance. Local press reported in June 2026 that the Board of Supervisors approved a broader unincorporated tenant protection ordinance. We did not find adopted text on a County site, so confirm its final terms and effective date. See our just cause eviction guide.

New Almaden rental property rules

• No short ADU rentals. County rules say ADUs may not be rented for terms shorter than 30 days, so an ADU here is a long-term rental.
• SB 9 rental term. The County’s Urban Primary Unit rules set a 180-day minimum rental term, which the state found too restrictive; it said the minimum should be 30 days.
• Home occupations. Owners and tenants can run home occupations by right in -h1, with a special permit for expanded ones.
• Trees. Removing a protected tree of six inches or more needs a permit, which can affect where an ADU fits.
• Transfer tax. Only the County’s $0.55 per $500 applies; there is no city tax.

Septic, water, fire and old buildings

The County Fire Department’s hazard mitigation annex lists New Almaden as a wildland-urban interface planning area, with CAL FIRE sharing responsibility in State Responsibility Areas, so check fire hazard zoning, insurance and access before adding units. HCD’s 2025 letter also flagged the County’s septic and water availability standards for SB 9 as subjective. That is a reminder that septic capacity and water supply are usually the real limits on adding a unit. Historic wood-frame houses deserve structural and seismic retrofit review. SB 721 balcony inspections apply only to buildings of three or more units, which are rare here.

Underwriting a New Almaden rental purchase

1. Confirm the parcel is unincorporated and in -h1, and get its historic priority list status.
2. Verify the legal unit count; extra units in historic houses may be nonconforming or unpermitted.
3. Classify the tenancy under AB 1482 and check for open County code cases that could trigger Division C5.
4. For an ADU, budget design review, the Commission hearing, septic and fire access work.
5. Collect leases and estoppel certificates.
6. Rebuild expenses, including insurance in a fire-prone area, in our rental property analysis.

Questions people ask

Sources & notes

1. County Zoning Ordinance Chapter 3.50, -h Historic Preservation (GoCodebook)
2. County Zoning Ordinance Chapter 2.20, Rural Base Districts
3. County Zoning Ordinance Chapter 4.10, Supplemental Use Regulations
4. California HCD, County ADU and SB 9 findings, June 24, 2025
5. County Code Division C5, Relocation Assistance
6. Santa Clara County Fire Department, hazard mitigation annex (2016)
7. California Attorney General, rent caps (updated July 16, 2026)

Note: The June 2026 tenant ordinance vote is from local press, not a County source. We did not review the Urban Primary Unit section text, the zoning map or whether the County has amended its SB 9 rules since 2025.

General information, not legal or tax advice. Last reviewed October 2026 by Matthew Martinez.

Related: New Almaden real estate guide · Commercial real estate in New Almaden · Multifamily investing guide · Investor services