Milpitas refers to ADUs as “Second Family Units” and “Second Residential Dwelling Units.”
Any application for second family unit that meets the following standards in Section XI-10-13.08(C), Minimum Standards, below shall be approved ministerially without discretionary review or public hearing. One second family unit may be allowed per lot, subject to all of the following criteria:
- Existing Use. The lot is residentially zoned and contains only one (1) existing, legal single-family dwelling unit.
2. Number. A maximum of one (1) second family unit shall be permitted on any lot.
3. Applicant and Ownership.
a. One (1) of the two (2) units shall be occupied by the owner of the property at the time of application submittal.
b. The second family unit shall not be sold to a different owner than the main residence, and may be rented.
A detached second family unit in a non-Hillside combining district shall be located on the rear half of the lot, shall not exceed fifteen (15) feet in height, and shall be no closer than six (6) feet, and no farther than one hundred (100) feet, from the main dwelling. It shall conform to the same yard setback and rear yard coverage regulations applicable to accessory buildings and structures, as per Section XI-10-54.08, Accessory Buildings and Structures, of this Chapter.
A detached second family unit in the Hillside combining district shall not exceed seventeen (17) feet and one (1) story from finished grade to the highest ridgeline of the building, and it shall not exceed one thousand two hundred (1,200) square feet in size. It shall be located on the rear half of the lot, and shall be no closer than six (6) feet, and no farther than one hundred (100) feet, from the main dwelling, shall not cover more than thirty (30%) percent of the required rear yard, shall conform to the side yard setback requirements as the main dwelling, and shall count towards the maximum allowed impervious surface coverage for the parcel on which it is located.
See the full Ordinance for more: XI-10-13.08 – Second Family Unit