What are the qualifications for an Accessory Dwelling Unit?

One attached or detached ADU may be permitted on a single-family lot that has not been subdivided pursuant to SB9. An ADU is not permitted on an SB9 subdivided lot. Additional information on requirements for ADUs can be found in Milpitas City Code (MMC) Section XI-10-13.08.

In addition to complying with the design and development standards outlined in the SB9 2-Unit Objective Design Standards outlined in the urgency ordinance, and pursuant to MMC Section XI-10-13.08 (Streamlined Accessory Dwelling Units), the maximum floor area allowed for the Accessory Dwelling Unit shall be 800 square feet, the side-and-rear-yard setbacks are at least four feet, and the maximum height shall be 16 feet.

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1. Can I use SB9 to split my parcel?
2. Can I rent out the units created by and SB9 project?
3. Does SB9 apply to homeowners' associations (HOAs)?
4. How does the Permit Streamlining ACT apply if these are ministerial actions?
5. Can I partially or completely demolish and existing dwelling for by SB9 project?
6. What are the qualifications for an Accessory Dwelling Unit?
7. What is needed for a Junior Accessory Development Unit?