HomeMy WebLinkAbout11 CODE AMENDMENT 2026-0001 (ORDINANCE NO. 1578)–ACCESSORY DWELLING UNITSDocusign Envelope ID: 925292DA-3C22-836C-81 C8-1 E9AE2ED9AFC
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AGENDA REPORI
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MEETING DATE:
TO:
FROM:
SUBJECT:
SUMMARY:
J U LY 21, 2026
ALDO E. SCHINDLER, CITY MANAGER
Agenda Item 11
Reviewed:
City Manager a`L�
Finance Director N/A
ALEXA SMITTLE, DIRECTOR OF COMMUNITY DEVELOPMENT
CODE AMENDMENT 2026-0001 (ORDINANCE NO. 1578) —ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
Code Amendment 2026-0001 is a City -initiated request to amend sections of Article 9
(Land Use) of the Tustin City Code related to accessory dwelling units and junior
accessory dwelling units. The proposed amendments update development standards,
parking requirements, and statutory references within the Tustin City Code to ensure
consistency with State legislation enacted during the 2024 and 2025 legislative sessions.
RECOMMENDATION:
Recommend the City Council introduce and hold a first reading, by title only, of Ordinance
No. 1578, amending Article 9 (Land Use) of the Tustin City Code to provide for the
development of accessory dwelling units and junior accessory dwelling units in
compliance with State law, and set the second reading for the next regularly scheduled
City Council meeting.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
CORRELATION TO THE STRATEGIC PLAN:
Code Amendment 2026-0001 contributes to the fulfillment of the City's Strategic Plan
Goal A: Economic and Neighborhood Development, Strategy 15: Create affordable and
workforce housing options. Specifically, the proposed amendments update the City's
accessory dwelling unit and junior accessory dwelling unit regulations to ensure
consistency with State law, providing clarity to developers and homeowners on expanded
housing opportunities.
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City Council Agenda Report
Code Amendment 2026-0001: ADUs & JADUs
July 21, 2026
Page 2
BACKGROUND AND DISCUSSION:
The State law defines an accessory dwelling unit (ADU) as an attached or detached
residential dwelling unit that provides complete independent living facilities for one or
more persons and is located on a lot with a proposed or existing primary residence. A
junior accessory dwelling unit (JADU) is an ADU that is no more than 500 square feet of
interior livable space, is contained entirely within a single-family residence, and may share
bathroom facilities with the primary residence. (Gov. Code § 66313.)
The proposed amendments update the City's zoning regulations for ADUs and JADUs to
comply with California State law. Some of the key changes include, but are not limited to
the following:
• Replacement parking is no longer required when uncovered parking spaces or
garages are converted to ADUs or JADUs;
• An attached or converted ADU, JADU, and detached ADU are simultaneously
allowed on single family lots (Tustin City Code currently allows for a maximum of
two accessory units);
• Eight detached ADUs are allowed on existing multi -family lots (increased from two
ADUs), while proposed multi -family developments are capped at two;
• Owner -occupancy, formerly required with development of a JADU, is now only
required when the JADU shares a bathroom with the primary home; and,
• Reference citations to the California Health & Safety Code have been updated as
recent State legislation relocated certain provisions.
Code Amendment (CA) 2026-0001 would incorporate those California Government Code
changes into the Tustin City Code, making it consistent with State law.
On June 9, 2026, the Planning Commission held a duly noticed public hearing and
adopted Resolution No. 4544, recommending that the City Council adopt Ordinance No.
1578, implementing the proposed amendments. The Planning Commission agenda
report is provided as Attachment 3 for reference. A summary of all the proposed
amendments is provided as Attachment 5.
ENVIRONMENTAL ANALYSIS:
The proposed CA 2026-0001 is statutorily exempt from the California Environmental
Quality Act ("CEQA"; Cal. Pub. Resources Code Section 21000 et seq.) pursuant to
Public Resources Code Section 21080.17, as the proposed amendments implement the
provisions of California Government Code Sections 66314 and 66333 related to ADUs
and JADUs.
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City Council Agenda Report
Code Amendment 2026-0001
July 21, 2026
Page 3
Reviewed by:
ADUs & JADUs
Alexa Smittle
Director of Community Development
Attachments:
K41mb( , 15AW Y'V,
Raymond Barragan
Principal Planner
1. Draft Ordinance No. 1578 (Redline version)
2. 2026 Update to TCC ADU and JADU Provisions
3. Planning Commission Agenda Report, June 9, 2026
4. Planning Commission Resolution No. 4544
5. Summary of Proposed Code Amendment (CA 2026-0001)
6. June 9, 2026 Draft Planning Commission Meeting Minutes
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ATTACHMENT 1
DRAFT ORDINANCE NO. 1578
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING ARTICLE 9 (LAND USE)
OF THE TUSTIN CITY CODE (CODE AMENDMENT 2026-
0001) TO PROVIDE FOR THE DEVELOPMENT OF
ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS IN COMPLIANCE WITH
NEW STATE LAWS
The City Council of the City of Tustin, California does hereby ordain as follows:
SECTION 1. The City Council finds and determines as follows:
A. That Chapter 2 of Article 9 of the Tustin City Code ("TCC") establishes
allowable uses, definitions, and development standards for properties within
all zoning districts in the City, including regulations pertaining to Accessory
Dwelling Units ("ADUs") and Junior Accessory Dwelling Units ("JADUs").
B. That Code Amendment ("CA") 2026-0001 updates the City's ADU and
JADU regulations to incorporate recent State -mandated changes, including
revised development standards, parking requirements, permit procedures,
statutory references, and provisions related to the number and types of
ADUs permitted on residential properties, ensuring that the City's
regulations remain consistent with current State law.
C. That on June 9, 2026, a public hearing was duly noticed, called, and held
by the Planning Commission on CA 2026-0001.
D. That on July 21, 2026, a public hearing was duly noticed, called, and held
on CA 2026-0001 by the City Council.
E. That the code amendments provide clarity and consistency within the TCC
and ensure compliance with State law.
F. That the proposed amendments comply with the Tustin General Plan and
are consistent with the following goal and policy:
Land Use Element Goal 2: Ensure that future land use decisions are the
result of sound and comprehensive planning.
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Policy 2.2: Maintain consistency between the Land Use Element, Zoning
Ordinances, and other City ordinances, regulations and standards.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 2. Table 1 of Subsection (g) of Section 9263 of Part 6 of Chapter 2 of Article 9
of the TCC is hereby amended to read as follows (new text underlined; deleted text in
strikeout):
Land Use Type
Parking Spaces Required
ADUs
One (1) space per unit or bedroom, whichever is less, in
addition to that required for the primary dwelling.
Off-street parking spaces are not required to be
replaced when an existing garage, carport, er covered
parking structure, or uncovered parking space is
demolished in conjunction with the construction of an
ADU or converted to an ADU.
Required open parking spaces may be permitted in side
or rear setback areas, or through tandem parking on a
driveway, unless specific findings are made by the
Director that parking in setback areas or tandem parking
is not feasible based upon specific site or regional
topographical or fire and life safety concerns.
Off-street parking is not required in the following
instances:
i. The ADU is located within one-half mile walking
distance of public transit, including transit stations and
bus stations;
ii. The ADU is located within an architecturally and
historically significant historic district including without
limitation the Cultural Resource District;
iii. The ADU is part of the proposed or existing primary
residence or existing accessory structure (i.e., a
Converted ADU);
iv. When on -street parking permits are required but not
offered to the occupant of the ADU; andlo
v. When there is a car share vehicle located within one
block of the ADU...; and/or
vi. When a permit application for an ADU is submitted
with a permit application to create a new single- amil
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dwelling or a new multi -family dwelling on the same lot,
provided that the ADU or the parcel satisfies any other
criteria listed in Subsections (i) through (v) above.
JADUs
No additional off-street parking is required for a JADU
beyond that required at the time the existing primary
dwelling was constructed. However, when an existing
attached ,s nenwerted to a IAD 11 any required
garage
off street males fer the dwelling that
parking primary
are eliminated as a result of the Gonyersien shall he
real
SECTION 3. Subsections (D)(1) through (5) of Section 9279 of Part 7 of Chapter 2 of
Article 9 of the TCC are hereby amended to read as follows (new text underlined; deleted
text in strikeout):
D. ADU Requirements.
1. Legal Lot/Residence/Dwelling. An ADU shall only be allowed on a lot
that contains a proposed or legally developed existing single-family residence or
multi -family dwelling.
2. An ADU shall be either:
(a) Attached to, or located within, the proposed or existing
primary see-f—��-dwelling, including attached garages, storage areas or
similar uses, or an attached accessory structure; or
(b) Detached from the proposed or existing primary dwelling and
located on the same lot as the proposed or existing primary dwelling,
including in detached garages.
3. Number of ADU Units Per Lot.
(a) Single Family Lots. For lots with a proposed or existing single-
• . - - - - •■
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i. One attached or converted ADU, and one JADU shall
be Dermitted on the lot: and
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ii. One detached, new construction ADU that does not
exceed four -foot side and rear setbacks.
(b) Multi -family Lots.
For lots with an existing multi -family dwelling:
1. Converted ADUs. One or more -converted ADUs
may be constructed within portions of existing multi -family
dwelling structures that are not used as livable space
including, but not limited to, storage rooms, boiler rooms,
passageways, attics, basements, or garages, if each unit
complies with State building standards for dwellings. No
converted ADUs may be constructed within the existing
livable space of a multi -family dwelling. The number of ADUs
permitted under this Subsection shall not exceed twenty-five
(25) percent of the existing multiple -family dwelling units on
the lot. For the purpose of calculating the number of allowable
ADUs: (a) previously approved ADUs shall not count towards
the existing number of multi -family dwelling units; and (b)
fractions shall be rounded down to the next lower number of
dwelling units, except that at least one (1) converted ADU
shall be allowed; and/er
2. Detached ADUs. Not more than eight 8 two (2)
detached ADUs may be constructed on a lot with an existing
or propos multi -family dwelling provided the number of
detached ADUs shall not exceed the number of existing units
nn tha Int
ii. For lots with a proposed multi -family dwelling:
1. Detached ADUs. Not more than two (2
detached ADUs may be constructed on a lot with a proposed
multi -family dwelling.
c) This Subsection (D) establishes the maximum number of ADU
and JADU units allowable per lot in the City including any Statewide
Exemption ADUs approved pursuant to Subsection (G)(7).
Ordinance No.
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sm.
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4. Unit Size and Height.
(a) Maximum Size.
i. Attached ADUs. The total floor area of an attached
ADU shall not exceed the following:
1. Studio or One (1) bedroom:
850 square feet of interior livable space, or (ii) fifty (50)
percent of the floor area of the primary dwelling unit,
whichever is less; provided, however, that if the size of
the primary dwelling unit is less than 1,700 square feet,
an attached ADU may have a total floor area of up to
850 square feet.
2. Two (2) or more bedrooms:
1,200 square feet of interior livable space, or (ii) fifty
(50) percent of the floor area of the primary dwelling
unit, whichever is less; provided, however, that if the
size of the primary dwelling unit is less than 2,400
square feet, an attached ADU may have a total floor
area of up to 1,200 square feet.
ii. Detached ADUs. The total floor area of a detached
ADU shall not exceed the following:
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1. Studio or One (1) bedroom:
850 square feet of interior livable space.
2. Two (2) or more bedrooms:
1,200 square feet of interior livable space.
iii. Converted ADUs. The maximum size limitations set
forth in this Subsection do not apply to converted ADUs that do not
increase the existing floor area of a structure. In addition, a converted
ADU created within an existing accessory structure may include an
expansion of not more than 150 square feet beyond the same
physical dimensions as the existing accessory structure to the extent
necessary to accommodate ingress and egress.
(b) Minimum Size. The total floor area of an ADU
shall be at least 150 square feet.
(c) Height.
i. Except as provided below, the height of a
detached ADU on a lot with an existing or proposed
single-family or a single -story multi -family dwelling unit
shall not exceed sixteen (16) feet.
ii. The height of a detached ADU located on
a lot with an existing or proposed single-family or multi-
family dwelling unit that is within one-half of one mile
walking distance of a major transit stop or a high -quality
transit corridor, as those terms are defined in Section
21155 of the Public Resources Code shall not exceed
eighteen (18) feet. However, an additional two (2) feet
of height, for a maximum of twenty (20) feet, is allowed
when necessary to align the roof pitch on the ADU to
the roof pitch of the primary dwelling.
iii. The height of a detached ADU on a lot
with an existing or proposed multi -family, multi -story
dwelling shall not exceed eighteen (18) feet.
iv. The height of an attached ADU shall not
exceed the height limitation of the zoning district
applicable to the primary dwelling or twenty-five (25)
feet, whichever is lower. In no event shall any such
ADU exceed two (2) stories.
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5. Applicability of Development Standards. Except as otherwise
modified by this Section or as otherwise provided by State Law, an ADU must
conform to the development standards applicable to the lot on which it is located
as set forth in this Article. Notwithstanding the foregoing, when the application of
a development standard related to, lot coverage, floor area ratio, open -space, front
setbacks, or minimum lot size would prohibit the construction of an attached or
detached ADU of at least 800 square feet of interior livable space and with four -
foot side and rear setbacks, such standard shall be waived to the extent necessary
to allow construction of a statewide exemptiOR an ADU of up to 800 square feet.
SECTION 4. Subsection (D)(11) of Section 9279 of Part 7 of Chapter 2 of Article 9 of the
TCC is hereby deleted in its entirety:
■_ _ 1, ■ _ _
�ll
SECTION 5. Subsection (E)(8)(a) of Section 9279 of Part 7 of Chapter 2 of Article 9 of
the TCC is hereby deleted in its entirety, with existing (b)-(f) relabeled (a)-(e) accordingly.
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SECTION 6. Subsection (F)(1) of Section 9279 of Part 7 of Chapter 2 of Article 9 of the
TCC is hereby amended to read as follows (new text underlined; deleted text in strikeout):
1. No Separate Conveyance. Except as otherwise provided in
Government Code Section 66341 6FRo�6 or by other applicable law, an ADU or
JADU may be rented separate from the primary residence, but may not be sold or
otherwise conveyed separate from the primary residence, and a lot shall not be
subdivided in any manner which would authorize such separate sale or ownership.
SECTION 7. Subsection (F)(3) of Section 9279 of Part 7 of Chapter 2 of Article 9 of the
TCC is hereby amended to read as follows (new text underlined; deleted text in strikeout):
3. Owner Occupancy Requirements.
(a) ADUs. Owner occupancy of either the primary dwelling or
ADU is not required.
(b) JADUs. If the JADU has shared sanitation facilities with the
existing structure, the property owner of the lot upon which a JADU is
located must occupy either the JADU or the primary residence as his or
her domicile. Owner occupancy shall not be required if the JADU has
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SECTION 8. Subsection (F)(4) of Section 9279 of Part 7 of Chapter 2 of Article 9 of the
TCC is hereby amended to read as follows (new text underlined; deleted text in strikeout):
4. Historic Properties. An ADU or JADU shall not cause a substantial adverse
change, as defined in California Public Resources Code Section 5020.1, in the
significance of any real property that is listed in the California Register of Historic
Places or the City of Tustin Historical Resources Survey.
(a) Windows, Doors and Character Defining Features for Historic
Properties Converted ADU. Windows, doors and character -defining
features for historic properties that are original to the structure are required
to be retained, unless this requirement prevents creation of the ADU.
(b) Separate Access. An ADU shall provide separate exterior
access from the existing primary residence. Entry doors cannot be on the
same facade as the entry door of the primary residence, unless this
requirement prevents creation of the ADU.
(c) Site Planning - Detached ADU (new construction ADU). A
detached ADU shall be located behind the rear building line of the primary
residence, and shall not exceed the height or gross square feet of the
primary residence Glearly suberdinate, le Lien and size long as it
m not prohibit the FeatiOR of a State�e,i�vv.de-EXeFFlPti0R 7' DIJ.
SECTION 9. Subsection (G) of Section 9279 of Part 7 of Chapter 2 of Article 9 of the TCC
is hereby amended to read as follows (new text underlined; deleted text in strikeout):
G. Permit Application and Review Procedures
1. Building Permit Required. A building permit is required prior to
construction of an ADU or JADU. Except as otherwise provided in this Section or
by State Law, all building, fire, and related code requirements applicable to
habitable dwellings apply to ADUs and JADUs.
(a) Fire sprinklers shall not be required if they are not required for
the primary dwelling.
(b) However, if the same primary dwelling undergoes significant
remodeling and is required to have fire sprinklers, any ADU created with or
after the remodel must likewise install fire sprinklers.
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(c) For ADUs created on lots with multi -family residential
structures, the entire residential structure shall serve as the "primary
residence" for the purposes of this analysis. Therefore, if the multi -family
structure is served by fire sprinklers, fire sprinklers shall be required for the
ADU.
2. Application. Prior to the issuance of a building permit for an ADU or
JADU, the applicant shall submit a building permit application to the City, along
with all information and materials prescribed by such application. The City shall
determine whether the application is complete and provide written notice of this
determination to the applicant in accordance with Government Code
66317(a)(2). No application shall be accepted unless it is completed as prescribed
and is accompanied by payment for all applicable fees.
3. Review. The Director shall consider and approve or disapprove a
complete application for an ADU or JADU without discretionary review or public
hearing within the time prescribed by law. sixty (60) days from rthe p Gi y
reGeives a GOrnplete appliGation, when there is an existing single family ef Fn
family dwelling GR the Review is limited to whether the proposed ADU or JADU
complies with the requirements of this Section. If an applicant requests a delay,
the time period for the City to review of an application shall be tolled for the period
of the requested delay. If the application to create an ADU or a JADU unit is
submitted with an application to create a new single-family dwelling on the lot, the
Director may delay acting on the application for the ADU or the JADU until the City
acts on the application to create the new single-family dwelling, but the application
to create the ADU or JADU will still be considered ministerially without
discretionary review or a hearing.
4. Appeals. If a permit application for a JADU or ADU is determined to
be incomplete under Subsection (2) or denied under Subsection (3) above, an
applicant may appeal the decision to the Planning Commission in accordance with
the procedures outlined in Section 9294. The Planning Commission shall provide
a final written determination by not later than sixty (60) business days after receipt
of the applicant's written appeal. The Planning Commission's decisions on such
appeals shall be final.
5. Zoning Conformity. The City shall not require, as a condition of
approval of a permit application for the creation of an ADU or JADU, the correction
of non -conforming zoning conditions.
6. Demolition Permits. A demolition permit for a detached garage that
is to be replaced with an ADU shall be reviewed with the application for the ADU
and issued at the same time.
7. Statewide Exemption ADU and Conformity with State Law. The City
shall not apply any requirement or development standard provided for in this
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Section Chapter to an ADU or a JADU to the extent prohibited by any provision of
State Law, including, but not limited to, subdi„isi„n (e)(1) of Government Code
Section 66323 65852.2. Statewide exemption ADUs shall be approved
ministerially and are not subject to the standards set forth in Government Code §§
66314-66322. For example, and without limitation, Statewide exemption ADUs do
not have to comply with Subsection (D)(4)(a)(iii) size limits for new construction
detached ADUs; Subsection (D)(6)(a) front ,yard setback requirements, Subsection
(D)(6)(b) side and rear setback requirements; Subsection (F)(4) standards for
historic properties; or Table 1 of Section 9263(g) off street parking requirements.
Section 10. Subsection (J) of Section 9279 of Part 7 of Chapter 2 of Article 9 of the TCC
is hereby amended to read as follows (new text underlined; deleted text in strikeout):
J. Interpretation. The provisions of this Section shall be interpreted to be
consistent with the provisions of Government Code Sections 66310 et seq.
RFQo�i and shall be applied in a manner consistent with State Law.
Section 11. New Subsection (K) is added to Section 9279 of Part 7 of Chapter 2 of Article
9 of the TCC to read as follows (new text underlined):
K. Unpermitted ADUs.
The Citv shall not denv a Dermit for an unpermitted ADU or an
unpermitted JADU that was constructed before January 1, 2020, due to either of
the following:
(a) The ADU or JADU is in violation of building standards
pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part
1.5 of Division 13 of the Health and Safety Code.
(b) The ADU or JADU does not comply with Article 1
(Commencing with Section 66310) or Article 3 (commencing with Section
66333) of Chapter 13 of Division 1 of Title 7 of the Government Code, as
applicable, this Section 9279 or any local ordinance regulating ADUs or
JADUs.
2. The City may deny a permit for an ADU or JADU subject to
Subsection (1) above if it makes a finding that correcting the violation is necessary
to comply with the standards specified in Section 17920.3 of the Health and Safety
Code_
3. This Section shall not aDDly to a buildina that is deemed substandard
pursuant to Section 17920.3 of the Health and Safety Code.
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Section 12. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby amended
to revise the definitions of "ADU, Statewide Exemption" and "ADU, Junior", and adding a
new definition of "Livable Space" to read as follows (new text underlined; deleted text in
strikeout):
"ADU, Statewide Exemption" or "Statewide Exemption ADU" means
8�q� are feet, 16 fee On height, and with fryur feet „de and rear setbacks. the four
categories of ADUs or JADUs that are created pursuant to Government Code § 66323
including (1) one converted ADU and JADU per single-family lot as described in
Government Code § 66323(a)(1), (2) one detached. ADU per single-family lot as
described in Government Code § 66323(a) (2), (3) one or more converted ADUs on
multifamily lots as described in Government Code § 66323(a)(3), and (4) one or more
detached ADUs on multifamily lots as described in Government Code 66323(a)(4).
"Livable Space" means a space in a dwelling intended for human habitation,
including, living, sleeping, eating, cooking, or sanitation.
"ADU, Junior", "Junior Accessory Dwelling Unit" or "JADU" means a unit that is no
more than 500 square feet of interior livable space in size and contained entirely within
the walls of a proposed or existing single-family residence, including attached garages. A
JADU may include separate sanitation facilities or may share sanitation facilities with the
single-family residence.
SECTION 13. Effective Date. This Ordinance shall take effect on the 31 st day after its
adoption. The City Clerk or his or her duly appointed deputy shall certify to the adoption
of the Ordinance and cause this Ordinance to be published as required by law.
SECTION 14. CEQA Exemption. The City Council finds that the proposed Ordinance is
statutorily exempt from the California Environmental Quality Act ("CEQA"; Cal. Pub.
Resources Code Section 21000 et seq.) pursuant to Public Resources Code Section
21080.17, as the proposed amendments implement the provisions of California
Government Code Sections 66314 and 66333.
SECTION 15. Severability. If any section, sub -section, clause or phrase in this Ordinance
is for any reason held out to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council of the City of Tustin hereby declares that it would
have adopted this Ordinance and each section, subsection, clause, phrase or portion
thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses, phrases, or portions be declared invalid or unconstitutional.
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PASSED AND ADOPTED, at a regular meeting of the City Council of the City of
Tustin on this 21 st day of July, 2026.
AUSTIN LUMBARD
Mayor
ATTEST:
ERICA N. YASUDA
City Clerk
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1578
I, Erica Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council
of the City of Tustin is five; that the above and foregoing Ordinance No. 1578 was duly
passed, and adopted at a regular meeting of the Tustin City Council held on the 21 st day
of July, 2026, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
ERICA YASUDA
City Clerk
Published:
Ordinance No. 1578
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ATTACHMENT 2
9263 OFF-STREET PARKING REQUIRED
TABLE 1: PARKING REQUIREMENTS BY LAND USE
Land Use Type
Parking Spaces Required
ADUs
One (1) space per unit or bedroom, whichever is less, in addition to that
required for the primary dwelling.
Off-street parking spaces are not required to be replaced when an
existing garage, carport, covered parking structure, or uncovered parking
space is demolished in conjunction with the construction of an ADU or
converted to an ADU.
Required open parking spaces may be permitted in side or rear setback
areas, or through tandem parking on a driveway, unless specific findings
are made by the Director that parking in setback areas or tandem parking
is not feasible based upon specific site or regional topographical or fire
and life safety concerns.
Off-street parking is not required in the following instances:
i. The ADU is located within one-half mile walking distance of public
transit, including transit stations and bus stations;
ii. The ADU is located within an architecturally and historically significant
historic district including without limitation the Cultural Resource District;
iii. The ADU is part of the proposed or existing primary residence or
existing accessory structure (i.e., a Converted ADU);
iv. When on -street parking permits are required but not offered to the
occupant of the ADU; and/or
v. When there is a car share vehicle located within one block of the ADU;
and/or
vi. When a permit application for an ADU is submitted with a permit
application to create a new single-family dwelling or a new multi -family
dwelling on the same lot, provided that the ADU or the parcel satisfies
any other criteria listed in Subsections (i) through (v) above.
JADUs
No additional off-street parking is required for a JADU beyond that
required at the time the existing primary dwelling was constructed.
9279 ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS
A. Purpose. The purpose of this Section is to provide for the development of accessory dwelling units (ADUs)
and junior accessory dwelling units (JADUs) in a manner consistent with State Law.
B. Conforming ADUs. An ADU that conforms to this Section shall:
Be deemed an accessory use or an accessory building and shall not be considered to exceed the
allowable density for the lot upon which it is located;
Be deemed a residential use that is consistent with the existing General Plan and zoning designation for
the lot upon which it is located; and
Not be considered in the application of any local ordinance, policy, or program to limit residential
growth.
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C. Locations Permitted.
Permitted ADU Locations. ADUs conforming to the provisions of this Section may be located on any lot
in the City zoned to allow single-family and multi -family residential dwellings and that includes a
proposed or existing single-family or multi -family dwelling.
Permitted JADU Locations. JADUs conforming to the provisions of this Section may be located within a
proposed or existing single-family dwelling on any lot in the City that is zoned to allow single-family
residential uses.
ADU Requirements.
Legal Lot/Residence/Dwelling. An ADU shall only be allowed on a lot that contains a proposed or legally
developed existing single-family residence or multi -family dwelling.
An ADU shall be either:
(a) Attached to, or located within, the proposed or existing primary dwelling, including attached
garages, storage areas or similar uses, or an attached accessory structure; or
(b) Detached from the proposed or existing primary dwelling and located on the same lot as the
proposed or existing primary dwelling, including detached garages.
Number of ADU Units Per Lot.
(a) Single -Family Lots. For lots with a proposed or existing single-family dwelling.
One attached or converted ADU, and one JADU shall be permitted on the lot; and
ii. One detached, new construction ADU that does not exceed four -foot side and rear
setbacks.
(b) Multi -family Lots.
For lots with an existing multi -family dwelling:
1. Converted ADUs. One (1) or more converted ADUs may be constructed within
portions of existing multi -family dwelling structures that are not used as livable space
including, but not limited to, storage rooms, boiler rooms, passageways, attics,
basements, or garages, if each unit complies with State building standards for
dwellings. No converted ADUs may be constructed within the existing livable space of
a multi -family dwelling. The number of ADUs permitted under this Subsection shall
not exceed twenty-five (25) percent of the existing multiple -family dwelling units on
the lot. For the purpose of calculating the number of allowable accessory dwelling
units: (a) previously approved ADUs shall not count towards the existing number of
multi -family dwelling units; and (b) fractions shall be rounded down to the next lower
number of dwelling units, except that at least one (1) converted ADU shall be allowed;
and/or
2. Detached ADUs. Not more than eight (8) detached ADUs may be constructed on a lot
with an existing multi -family dwelling provided the number of detached ADUs shall
not exceed the number of existing units on the lot.
ii. For lots with a proposed multi -family dwelling:
1. Detached ADUs. Not more than two (2) detached ADUs may be constructed on a lot
with a proposed multi -family dwelling.
(c) This Subsection (D) establishes the maximum number of ADU and JADU units allowable per lot in
the City including any Statewide Exemption ADUs approved pursuant to Subsection (G)(7).
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Unit Size and Height.
(a) Maximum Size.
Attached ADUs. The total floor area of an attached ADU shall not exceed the following:
1. Studio or One (1) Bedroom, (i) 850 square feet of interior livable space, or (ii)
fifty (50) percent of the floor area of the primary dwelling unit, whichever is
less; provided, however, that if the size of the primary dwelling unit is less than
1,700 square feet, an attached ADU may have a total floor area of up to 850
square feet.
2. Two (2) or more bedrooms, (i) 1,200 square feet of interior livable space, or (ii)
fifty (50) percent of the floor area of the primary dwelling unit, whichever is
less; provided, however, that if the size of the primary dwelling unit is less than
2,400 square feet, an attached ADU may have a total floor area of up to 1,200
square feet.
ii. Detached ADUs. The total floor area of a detached ADU shall not exceed the following:
1. Studio or One (1) bedroom: 850 square feet of interior livable space.
2. Two (2) or more bedrooms: 1,200 square feet of interior livable space.
iii. Converted ADUs. The maximum size limitations set forth in this Subsection do not apply to
converted ADUs that do not increase the existing floor area of a structure. In addition, a
converted ADU created within an existing accessory structure may include an expansion of
not more than 150 square feet beyond the same physical dimensions as the existing
accessory structure to the extent necessary to accommodate ingress and egress.
(b) Minimum Size. The total floor area of an ADU shall be at least 150 square feet.
(c) Height.
Except as provided below, the height of a detached ADU on a lot with an existing or
proposed single-family or a single -story multi -family dwelling unit shall not exceed sixteen
(16) feet.
ii. The height of a detached ADU located on a lot with an existing or proposed single-family or
multi -family dwelling unit that is within one-half of one mile walking distance of a major
transit stop or a high -quality transit corridor, as those terms are defined in Section 21155
of the Public Resources Code, shall not exceed eighteen (18) feet. However, an additional
two (2) feet of height, for a maximum of twenty (20) feet, is allowed when necessary to
align the roof pitch on the ADU to the roof pitch of the primary dwelling.
iii. The height of a detached ADU on a lot with an existing or proposed multi -family, multi-
story dwelling shall not exceed eighteen (18) feet.
iv. The height of an attached ADU shall not exceed the height limitation of the zoning district
applicable to the primary dwelling or twenty-five (25) feet, whichever is lower. In no event
shall any such ADU exceed two (2) stories.
Applicability of Development Standards. Except as otherwise modified by this Section or as otherwise
provided by State Law, an ADU must conform to the development standards applicable to the lot on
which it is located as set forth in this Article. Notwithstanding the foregoing, when the application of a
development standard related to, lot coverage, floor area ratio, open -space, front setbacks, or
minimum lot size would prohibit the construction of an attached or detached ADU of at least 800
square feet of interior livable space and with four -foot side and rear setbacks, such standard shall be
waived to the extent necessary to allow construction of an ADU of up to 800 square feet.
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Setbacks.
(a) Front Yard Setbacks. Attached and detached ADUs are subject to the same minimum front yard
setback requirements applicable to other structures on the lot on which the ADU is located.
(b) Side and Rear Yard Setbacks. Minimum setbacks of no less than four (4) feet from the side and
rear lot lines are required for new -attached and detached ADUs.
(c) Converted ADUs. No setbacks are required for converted ADUs, provided the side and rear yard
setbacks of the existing permitted converted structure are sufficient for fire and safety, as
dictated by the current applicable uniform building and fire codes.
Exterior Access. An attached or converted ADU must have independent exterior access from the
proposed or existing primary dwelling.
Passageway. No passageway shall be required in conjunction with the construction of an ADU. For
purposes of this Subsection, "passageway" means a pathway that is unobstructed clear to the sky and
extends from a street to one (1) entrance of the ADU.
Porches and Patios.
(a) An attached or detached ADU may include an attached covered patio and/or porch, which, if
provided, shall be integrated into the design of the ADU and shall not exceed 200 square feet in
size.
(b) In no event shall the total combined area of an ADU and attached porch and/or patio exceed
1,400 square feet.
10. Architectural Compatibility and Guidelines. To facilitate the development of ADUs in a manner that
ensures reasonable consistency and compatibility of design, the Director is authorized to develop
standard design plans and criteria for ADUs. ADUs developed in conformance with such standard plans
and criteria shall be deemed to comply with this Subsection.
JADU Requirements.
1. Footprint. A JADU may only be constructed within the walls of a proposed or existing single-family
residence, including an existing attached garage.
2. Size. A JADU shall not be less than 150 square feet and shall not exceed 500 square feet in size.
3. Separate Entrance. A JADU located within a proposed or existing single-family residence must include a
separate entrance from the main entrance of the residence.
4. Kitchen Requirements. A JADU must include an efficiency kitchen, including a cooking facility with
appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation
to the size of the JADU.
5. Bathroom Facilities. A JADU may include separate sanitation facilities or may share sanitation facilities
with the proposed or existing single-family residence in which it is located. If a JADU does not include
separate sanitation facilities, the JADU must include an interior entrance to the primary dwelling's main
living area.
6. Fire Protection. For purposes of any fire or life protection ordinance or regulation, a JADU shall not be
considered a separate new dwelling unit.
7. Utility Service. For purposes of providing service for water, sewer, or power, including a connection
fee, a JADU shall not be considered a separate or new dwelling unit.
8. Deed Restriction. Prior to the issuance of a building permit for a JADU, the owner shall record a deed
restriction against the title of the property in the County Recorder's office with a copy filed with the
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Director. The deed restriction shall run with the land and shall bind all future owners, heirs, successors,
or assigns. The form of the deed restriction shall be provided by the City and shall provide that:
(a) The JADU may not be sold, mortgaged, transferred separately from the primary residence; this
deed restriction may be enforced against future purchasers.
(b) A restriction on the size and attributes of the JADU that conforms with this Section.
(c) The JADU may be rented, but may not be rented on a short-term basis of less than thirty (30)
consecutive days.
(d) The property shall include no more than one (1) JADU.
(e) The deed restriction may not be modified or terminated without the prior written consent of the
Director.
Other Requirements.
No Separate Conveyance. Except as otherwise provided in Government Code Section 66341 or by other
applicable law, an ADU or JADU may be rented separate from the primary residence, but may not be
sold or otherwise conveyed separate from the primary residence, and a lot shall not be subdivided in
any manner which would authorize such separate sale or ownership.
No Short -Term Rental Permitted. An ADU or JADU that is rented shall be rented for a term that is
longer than thirty (30) days. Short-term rental (i.e., thirty (30) days or less) of an ADU or a JADU is
prohibited.
Owner Occupancy Requirements.
(a) ADUs. Owner occupancy of either the primary dwelling or ADU is not required.
(b) JADUs. If the JADU has shared sanitation facilities with the existing structure, the property owner
of the lot upon which a JADU is located must occupy either the JADU or the primary residence as
his or her domicile. Owner occupancy shall not be required if the JADU has separate sanitation
facilities.
4. Historic Properties. An ADU or JADU shall not cause a substantial adverse change, as defined in
California Public Resources Code Section 5020.1, in the significance of any real property that is listed in
the California Register of Historic Places or the City of Tustin Historical Resources Survey.
(a) Windows, Doors and Character Defining Features for Historic Properties - Converted ADU.
Windows, doors and character -defining features for historic properties that are original to the
structure are required to be retained, unless this requirement prevents creation of the ADU.
(b) Separate Access. An ADU shall provide separate exterior access from the existing primary
residence. Entry doors cannot be on the same faade as the entry door of the primary residence,
unless this requirement prevents creation of the ADU.
(c) Site Planning - Detached ADU (new construction ADU). A detached ADU shall be located behind
the rear building line of the primary residence, and shall not exceed the height or gross square
feet of the primary residence.
G. Permit Application and Review Procedures.
1. Building Permit Required. A building permit is required prior to construction of an ADU or JADU. Except
as otherwise provided in this Section or by State Law, all building, fire, and related code requirements
applicable to habitable dwellings apply to ADUs and JADUs.
(a) Fire sprinklers shall not be required if they are not required for the primary dwelling.
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(b) However, if the same primary dwelling undergoes significant remodeling and is required to have
fire sprinklers, any ADU created with or after the remodel must likewise install fire sprinklers.
(c) For ADUs created on lots with multi -family residential structures, the entire residential structure
shall serve as the "primary residence" for the purposes of this analysis. Therefore, if the multi-
family structure is served by fire sprinklers, fire sprinklers shall be required for the ADU.
Application. Prior to the issuance of a building permit for an ADU or JADU, the applicant shall submit a
building permit application to the City, along with all information and materials prescribed by such
application. The City shall determine whether the application is complete and provide written notice of
this determination to the applicant in accordance with Government Code § 66317(a)(2). No application
shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable
fees.
Review. The Director shall consider and approve or disapprove a complete application for an ADU or
JADU without discretionary review or public hearing within the time prescribed by law. Review is
limited to whether the proposed ADU or JADU complies with the requirements of this Section. If an
applicant requests a delay, the time period for the City to review of an application shall be tolled for
the period of the requested delay. If the application to create an ADU ora JADU unit is submitted with
an application to create a new single-family dwelling on the lot, the Director may delay acting on the
application for the ADU or the JADU until the City acts on the application to create the new singlefamily
dwelling, but the application to create the ADU or JADU will still be considered without discretionary
review or a hearing.
4. Appeals. If a permit application for a JADU or ADU is determined to be incomplete under Subsection (2)
or denied under Subsection (3) above, an applicant may appeal the decision to the Planning
Commission in accordance with the procedures outlined in Section 9294. The Planning Commission
shall provide a final written determination by not later than sixty (60) business days after receipt of the
applicant's written appeal. The Planning Commission's decisions on such appeals shall be final.
5. Zoning Conformity. The City shall not require, as a condition of approval of a permit application for the
creation of an ADU or JADU, the correction of non -conforming zoning conditions.
6. Demolition Permits. A demolition permit for a detached garage that is to be replaced with an ADU shall
be reviewed with the application for the ADU and issued at the same time.
7. Statewide Exemption ADU and Conformity with State Law. The City shall not apply any requirement or
development standard provided for in this Section to an ADU or a JADU to the extent prohibited by any
provision of State Law, including, but not limited to, Government Code Section 66323. Statewide
exemption ADUs shall be approved ministerially and are not subject to the standards set forth in
Government Code §§ 66314-66322. For example, and without limitation, Statewide exemption ADUs
do not have to comply with Subsection (D)(4)(a)(iii) size limits for new construction detached ADUs;
Subsection (D)(6)(a) front yard setback requirements, Subsection (D)(6)(b) side and rear setback
requirements; Subsection (F)(4) standards for historic properties; or Table 1 of Section 9263(g) off
street parking requirements.
Utilities.
1. ADUs. Unless otherwise mandated by applicable law or the utility provider or determined by the City's
Public Works Director to be necessary, an ADU may be served by the same water, sewer, and other
utility connections serving the primary dwelling on the property, and the installation of a new or
separate utility connection directly between an ADU and a utility is not required. However, separate
utility connections and meters for ADUs may be installed at the property owner's option, when
permitted by the utility provider, and subject to the payment of all applicable fees.
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Fees.
JADUs. A JADU shall be served by the same water, sewer, and other utility connections serving the
primary single-family dwelling in which it is located, and no separate utility meters shall be permitted
for a JADU.
No impact fee is required for an ADU measuring less than 750 square feet. Any impact fees charged for
an ADU of 750 square feet of more shall be charged proportionately in relation to the square footage
of the primary dwelling.
Construction of an ADU is subject to any applicable fee adopted under the California Government
Code, Title 7, Division 1, Chapter 5 (commencing with § 66000) and Chapter 7 (commencing with §
66012).
For purposes of this Subsection, "impact fee" does not include any planning application fee, plan check
fee, or building permit fee.
Interpretation. The provisions of this Section shall be interpreted to be consistent with the provisions of
Government Code Sections 66310 et seq. and shall be applied in a manner consistent with State Law.
k. Unpermitted ADUs.
The City shall not deny a permit for an unpermitted ADU or an unpermitted JADU that was constructed
before January 1, 2020, due to either of the following:
(a) The ADU or JADU is in violation of building standards pursuant to Article 1 (commencing with
Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code.
(b) The ADU or JADU does not comply with Article 1 (Commencing with Section 66310) or Article 3
(commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Government Code,
as applicable, this Section 9779 or any local ordinance regulating ADUs or JADUs.
The City may deny a permit for an ADU or JADU subject to Subsection (1) above if it makes a finding
that correcting the violation is necessary to comply with the standards specified in Section 17920.3 of
the Health and Safety Code.
3. This Section shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of
the Health and Safety Code.
9297 DEFINITIONS
"Accessory Dwelling Unit" or "ADU" means an Attached or a Detached residential dwelling unit that provides
complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or
existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation
on the same parcel as the single-family or multi -family dwelling is or will be situated. An ADU includes an
"Efficiency Unit" and "Manufactured Home" as defined by the Health and Safety Code.
"ADU, Attached" or "Attached ADU" means an ADU, other than a Converted ADU, that is physically attached
to a primary dwelling.
"ADU, Converted" or "Converted ADU" means an ADU that is constructed within all or a portion of the
permitted existing interior space of an accessory structure or within a portion of the permitted existing interior
space of a dwelling, including bedrooms, attached or detached garages, storage areas, or similar uses. A Converted
ADU also includes an ADU that is constructed in the same location and to the same dimensions as a permitted
existing structure or portion of a permitted existing structure.
"ADU, Junior", "Junior Accessory Dwelling Unit" or "JADU" means a unit that is no more than 500 square feet
of interior livable space in size and contained entirely within the walls of a proposed or existing single-family
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residence, including attached garages. A JADU may include separate sanitation facilities or may share sanitation
facilities with the single-family residence.
"ADU, Statewide Exemption" or "Statewide Exemption ADU" means the four categories of ADUs or JADUs
that are created pursuant to Government Code § 66323 including (1) one converted ADU and JADU per single-
family lot as described in Government Code § 66323(a)(1), (2) one detached. ADU per single-family lot as described
in Government Code § 66323(a) (2), (3) one or more converted ADUs on multifamily lots as described in
Government Code § 66323(a)(3), and (4) one or more detached ADUs on multifamily lots as described in
Government Code § 66323(a)(4)."ADU Detached" or "Detached ADU" means an ADU, other than a Converted ADU,
that is physically separated from, but located on the same lot as, a primary dwelling structure. (Ord. No. 1517, Sec.
XII, 12-7-21)
"Livable Space" means a space in a dwelling intended for human habitation, including, living, sleeping,
eating, cooking, or sanitation.
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ATTACHMENT 3
AGENDA REPORT ITEM #2
MEETING DATE: JUNE 9, 2026
TO: PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CODE AMENDMENT 2026-0001 (ORDINANCE NO. 1578) —
(ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS CODE AMENDMENTS)
SUMMARY
This project is a City -initiated request to amend sections of Article 9 (Land Use) of the
Tustin City Code related to accessory dwelling units and junior accessory dwelling units.
The proposed amendments update outdated statutory references, permit procedures,
parking requirements, and development standards to ensure consistency with State
legislation.
RECOMMENDATION
Recommend the Planning Commission adopt Resolution No. 4544, recommending that
the City Council adopt Ordinance No. 1578, amending Article 9 (Land Use) of the Tustin
City Code to provide for the development of accessory dwelling units and junior accessory
dwelling units in compliance with new State laws.
APPROVAL AUTHORITY
Pursuant to Tustin City Code Section (§) 9295c, amendments to the Zoning Code may
be initiated by the City's Planning Commission, who shall make a recommendation
regarding a proposed Code Amendment to the City Council. If approved, the Ordinance
would go into effect 30 days following a second reading by the City Council.
BACKGROUND AND DISCUSSION
The State defines "accessory dwelling unit" (ADU) as an attached or a detached residential
dwelling unit that provides complete independent living facilities for one or more persons,
and is located on a lot with a proposed or existing primary residence. ADUs include
permanent provisions for living, sleeping, eating, cooking, and sanitation. A "junior
accessory dwelling unit" (JADU) is an ADU that is no more than 500 square feet of interior
livable space in size and contained entirely within a single-family residence. A JADU unit
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Planning Commission Agenda Report
Code Amendment 2026-0001
June 9, 2026
Page 2
may include separate sanitation facilities or may share sanitation facilities with the existing
structure. (Gov. Code § 66313).
State laws governing ADUs and JADUs continue to evolve, consistent with the State's
objective of expanding housing opportunities and reducing barriers to their construction.
Currently, State law requires cities to allow ADUs and JADUs "by -right" (i.e., without
discretionary review) on residentially zoned properties when they comply with applicable
State and local development standards.
During 2024 and 2025, the California Legislature adopted several ADU related bills,
including Senate Bill (SB) 1211, SB 477, SB 543, Assembly Bill (AB) 1154, AB 1170, and
AB 2533. These bills revised parking requirements, development standards, permit
procedures, owner occupancy requirements, and the maximum number and types of ADUs
the City must allow.
The City periodically updates its ADU and JADU regulations in response to new State
legislation. Code Amendment (CA) 2026-0001 incorporates the California Government
Code changes adopted during the 2024 and 2025 legislative sessions. In doing so, the
Tustin City Code (TCC) would reflect current statutory requirements and revise outdated
standards and references, as applicable.
In summary, the proposed amendments revise existing ADU development standards,
parking requirements, permit procedures, and outdated statutory references. The
amendments are also intended to establish clearer objective development standards.
The proposed amendments address the following topic areas:
Parking and Development Standards
• Clarifies that uncovered parking spaces removed to accommodate the
construction of an ADU do not need to be replaced. (Gov. Code § 66314(d)(11)).
• Clarifies ADU and JADU size limitations are based on interior livable space. (Gov.
Code §§ 66321(b)(2) and 66313(d)).
• Removes a requirement that detached ADUs cannot extend beyond the front
building line of the primary residence, consistent with State law's requirement that
subjective standards are prohibited. Additionally, the term "front building line" is
used elsewhere in the Zoning Code in a different context. (Gov. Code §§ 66314(b)
and 66315).
• Removes subjective requirement for detached ADUs on historic properties, and
instead prohibits ADUs on historic properties from exceeding the height or gross
square feet of the primary residence. This change is consistent with State law's
requirement that only objective standards can be applied. (Gov. Code § 66314(b)).
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Planning Commission Agenda Report
Code Amendment 2026-0001
June 9, 2026
Page 3
• Removes requirement for replacement parking when JADUs are created by
converting an existing attached garage. (Gov. Code § 66334(a)).
ADU and JADU Configurations
• Revises the number and types of ADUs and JADUs permitted on lots with existing
or proposed single-family dwellings. This revision allows one attached or converted
ADU, one JADU, and one detached new construction ADU with four -foot side and
rear setbacks, consistent with State law. (Gov. Code § 66323(a)).
• Increases the number of detached ADUs allowed on an existing multi -family
property. Prior law allowed only two ADUs; the current law allows up to eight ADUs,
as long as the number of ADUs does not exceed the number of existing dwelling
units on the property. (Gov. Code § 66323(a)).
• Adds a limit of two detached ADUs for proposed multi -family developments. (Gov.
Code § 66323(a)).
• Clarifies that the maximum number of ADUs allowed on a property include those
ADUs that are exempted statewide by Gov. Code § 66323.
• Adds an owner -occupancy requirement for properties where the JADU shares a
bathroom with the main house. Owner occupancy is not required when JADU has
its own bathroom. (Gov. Code § 66333(b)).
• The Tustin Legacy Specific Plan (TLSP) establishes unique regulations for ADUs
within condominium projects. The regulations are less restrictive than State ADU
laws, as permitted by Gov. Code § 66325(b), and are intended to accommodate
the construction of lower income ADUs on City -owned property in compliance with
the California Surplus Land Act (SLA). The TLSP regulations are unnecessarily
duplicated in the TCC; therefore the proposed amendment removes the language
from the TCC, which ensures future updates only need to be made to the TLSP.
Permit Procedures and State Law Consistency
• State law recently renumbered Government Code sections related to ADU law.
The TCC amendment updates Government Code references to match the
renumbered State laws. (SB 477).
• Revises ADU and JADU permit application procedures and review timeframes to
ensure consistency with State law. (Gov. Code §§ 66317 and 66321(b)(3)).
• Establishes procedures for the legalization of unpermitted ADUs and JADUs
constructed prior to January 1, 2020, consistent with State law. (Gov. Code §
66311.7).
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Planning Commission Agenda Report
Code Amendment 2026-0001
June 9, 2026
Page 4
• Revises definitions related to "ADU, Statewide Exemption" and "ADU, Junior"; and
adds new "Livable Space" definition to match State law. (Gov. Code § 66313(e)).
Attachment B includes a summary table of CA 2026-0001's proposed amendments,
organized by the applicable TCC section, amendment description, and reason for the
proposed change.
Consistency with the Tustin General Plan
The proposed CA 2026-0001 is consistent with the Tustin General Plan in that they
comply with the following goal and policy:
Land Use Element Goal 2: Ensure that future land use decisions are the result of
sound and comprehensive planning.
Policy 2.2: Maintain consistency between the Land Use Element, Zoning
Ordinances, and other City ordinances, regulations and standards.
PUBLIC NOTICE
In accordance with California Government Code Section 65854, as amended by
Assembly Bill 2904 (2024), a 1/8-page public notice was published in the Tustin News on
May 14, 2026, informing the public of the Planning Commission public hearing for
proposed CA 2026-0001. In addition, the public notice was posted at Tustin City Hall, the
Tustin Library, and the Tustin Area Senior Center. The public hearing was noticed as
required by law.
ENVIRONMENTAL ANALYSIS
The proposed CA 2026-0001 is statutorily exempt from the California Environmental
Quality Act ("CEQA"; Cal. Pub. Resources Code Section 21000 et seq.) pursuant to
Public Resources Code Section 21080.17, as the proposed amendments implement the
provisions of California Government Code Sections 66314 and 66333 related to ADUs
and JADUs.
CONCLUSION
Staff recommends that the Planning Commission adopt Resolution No. 4544,
recommending that the Tustin City Council adopt Ordinance No. 1578, amending Article
9 (Land Use) of the TCC related to ADUs and JADUs to ensure consistency with State
law.
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Planning Commission Agenda Report
Code Amendment 2026-0001
June 9, 2026
Page 5
Prepared by:
Jose Jara, Assistant Planner
Approved by:
Jay Eastman, Assistant Director For: Alexa Smittle, Director
Raymond Barragan, Principal Planner
Attachments:
A. Resolution No. 4544
• Exhibit A— Draft Ordinance No. 1578
B. Summary of Proposed Code Amendment
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ATTACHMENT 4
RESOLUTION NO. 4544
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 1578,
AMENDING ARTICLE 9 (LAND USE) OF THE TUSTIN CITY
CODE (CODE AMENDMENT 2026-0001) TO PROVIDE FOR
THE DEVELOPMENT OF ACCESSORY DWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS IN
COMPLIANCE WITH NEW STATE LAWS
The Planning Commission of Tustin, California does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That Chapter 2 of Article 9 of the Tustin City Code (TCC) establishes allowable
uses, definitions, and development standards for properties within all zoning
districts in the City, including regulations pertaining to Accessory Dwelling Units
(ADUs) and Junior Accessory Dwelling Units (JADUs).
B. That Code Amendment (CA) 2026-0001 updates the City's ADU and JADU
regulations to incorporate recent State -mandated changes, including revised
development standards, parking requirements, permit procedures, statutory
references, and provisions related to the number and types of ADUs permitted on
residential properties, ensuring that the City's regulations remain consistent with
current State law.
C. That on June 9, 2026, a public hearing was duly noticed, called, and held by the
Planning Commission on CA 2026-0001.
D. That the proposed amendments comply with the Tustin General Plan and are
consistent with the following goal and policy:
Land Use Element Goal 2: Ensure that future land use decisions are the
result of sound and comprehensive planning.
Policy 2.2: Maintain consistency between the Land Use Element, Zoning
Ordinances, and other City ordinances, regulations, and standards.
E. That the Planning Commission finds the proposed code amendment is statutorily
exempt from the California Environmental Quality Act ("CEQA"; Cal. Pub.
Resources Code Section 21000 et seq.) pursuant to Public Resources Code
Section 21080.17, as the proposed amendments implement the provisions of
California Government Code Sections 66314 and 66333.
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Resolution No. 4544
Page 2
II. The Planning Commission hereby recommends that the City Council adopt Ordinance
No. 1578, amending various sections of Article 9 (Land Use) of the TCC (CA 2026-
0001) to update the City's ADU and JADU regulations to ensure consistency with
State law, attached hereto as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of
Tustin held on the 9th day of June, 2026.
AMY MASON
Chairperson
ALEXA SMITTLE
Planning Commission Secretary
APPROVED AS TO FORM:
k&,ad vauk
MICHAEL DAUDT
Assistant City Attorney
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Resolution No. 4544
Page 3
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
I, Alexa Smittle, the undersigned, hereby certify that I am the Planning Commission
Secretary of the City of Tustin, California; that Resolution No. 4544 was passed and adopted
at a regular meeting of the Tustin Planning Commission, held on the 9th day of June, 2026.
PLANNING COMMISSIONER AYES:
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
DOUTHIT, GULLO, KOZAK, MASON (4)
PLANNING COMMISSIONER ABSENT: HI
ALEXA SMITTLE
Planning Commission Secretary
Exhibit A: Draft Ordinance No. 1578
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ATTACHMENT 5
Planning Commission
June 9, 2026
CA 2026-0001
Summary - ADU JADU Code Amendments
ec.
TCC
Amendment Description I
Reason
2
9263(g)
Revises ADU parking standards related to parking exemptions and replacement parking requirements to ensure
State Law Consistency
consistency with Government Code §§ 66314 and 66322.
Revises standards for the size, number, and types of ADUs permitted on single-family and multifamily properties to
3
9279(D)(1)-(5)
ensure consistency with Government Code §§ 66314 and 66323. Clarifies that the maximum number of ADUs
State Law Consistency
allowed on a property include those ADUs that are exempted statewide by Gov. Code § 66323. Also removes
duplicate ADU provisions for condominium projects within the Tustin Legacy Specific Plan.
Removes a requirement that detached ADUs cannot extend beyond the front building line of the primary residence,
4
9279(D)(11)
consistent with State law's requirement that subjective standards are prohibited for compliance with Goverment Code
"front
State Law Consistency
§§ 66314(b) and 66315. Additionally, the term building line" is used elsewhere in the Zoning Code in a different
context.
5
9279(E)(8)(a)
Removes outdated JADU occupancy requirements to ensure consistency with Government Code § 66333.
State Law Consistency
6
9279(F)(1)
Updates an outdated Government Code reference from § 65852.26 to § 66341 to reflect the renumbering of ADU
State Law Consistency
State Law sections under Senate Bill 477.
7
9279(F)(3)(b)
Revises owner -occupancy requirements for JADUs to ensure consistency with Government Code § 66333(b).
State Law Consistency
Revises site planning and development standards for ADUs on historic properties by replacing subjective
8
9279(F)(4)(c)
requirements with objective standards related to building height and size, consistent with Government Code §
State Law Consistency
66314(b).
Revises ADU permit application procedures and review timeframes to ensure consistency with Government Code §§
9
9279(G)
66317 and 66321.
State Law Consistency
10
9279(J)
Updates outdated references to Government Code §§ 65852.2 and 65852.22 with references to Government Code §
State Law Consistency
66310 et seq., consistent with the renumbering of ADU State Law sections under Senate Bill 477.
11
9297(K)
Adds new Subsection K to establish procedures for the legalization of unpermitted ADUs consistent with Government
State Law Consistency
Code § 66311.7.
12
9297
Revises definitions related to "ADU, Statewide Exemption' and "Junior ADU" and adds a definition for "Livable
State Law Consistency
Space" to ensure consistency with Government Code § 66313.
1of1
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ATTACHMENT 6
ACTION MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
JUNE 9, 2026
CALL TO ORDER: 6:01 p.m.
PLEDGE OF ALLEGIANCE: Chair Pro Tern Kozak
ROLL CALL:
Present: Chair Mason
Chair Pro Tern Kozak
Commissioners Douthit and Gullo
Absent: Commissioner Higuchi
PUBLIC INPUT:
Hurtado confirmed no public input was received.
CONSENT CALENDAR:
1. APPROVAL OF MEETING MINUTES— MAY 26, 2026
That the Planning Commission approve the Minutes of the May 26, 2026 Planning
Commission meeting, as provided.
Hurtado confirmed no public input was received regarding Item No. 1.
Motion: It was moved by Gullo, seconded by Douthit, to approve the Consent Calendar,
as provided.
Roll Call Vote: Hurtado
Motion carried: 4-0-1
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PUBLIC HEARING:
2. ITEM CONTINUED FROM THE MAY26, 2026 MEETING: CODE AMENDMENT (CA)
2026-0001 (ORDINANCE NO. 1578) — (ACCESSORY DWELLING UNITS &
JUNIOR ACCESSORY DWELLING UNITS CODE AMENDMENTS)
L:49PuIy"FAo s
This project is a City -initiated request to amend sections of Article 9 (Land Use) of
the Tustin City Code related to accessory dwelling units and junior accessory
dwelling units. The proposed amendments update outdated statutory references,
permit procedures, parking requirements, and development standards to ensure
consistency with State legislation.
RECOMMENDATION:
Recommend the Planning Commission adopt Resolution No. 4544, recommending
that the City Council adopt Ordinance No. 1578, amending Article 9 (Land Use) of
the Tustin City Code to provide for the development of accessory dwelling units
and junior accessory dwelling units in compliance with new State laws.
Jose Jara, Assistant Planner, provided a PowerPoint presentation.
Hurtado confirmed no public input was received regarding Item No. 2.
Douthit's questions/comments generally included: the implementation of State
ADU laws, including how they interact with homeowner's associations (HOAs) and
CC&Rs, Objective Design Standards (ODS), garage conversions, parking
requirements, two-story ADUs, and the differences between ADUs, JADUs and
room additions.
In response to Douthit's questions, Daudt explained that State law generally
preempts local regulations and significantly limits an HOA's abilityto restrictADUs,
although reasonable design standards may still apply. Staff added that the City is
required to allow ADUs consistent with State law and that proposals are reviewed
on a case -by -case basis to ensure compliance with applicable safety and
development standards.
Staff clarified that garage conversions for ADUs do not require replacement parking
under State law, explained the distinctions between ADUs, JADUs, and room
additions, and noted that existing two-story ADUs were generally constructed
before current State height regulations. Staff also explained that choosing between
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a JADU and a home addition depends on the specific property and homeowner's
objectives, and that State law limits certain development fees and regulations for
qualifying ADUs.
Kozak asked about the City's discretion in reviewing ADUs and whether ADUs
count toward the City's Regional Housing Needs Allocation (RHNA). Staff
confirmed that ADUs contribute toward RHNA requirements. While the City may
apply objective local standards to projects not exempt under State law, qualifying
State -exempt ADUs must be approved if they meet statutory requirements.
Gullo asked whether data exists regarding the impact of ADUs on home sales,
potential tax implications, and how HOA parking restrictions would apply to garage
conversions. Staff indicated they were unaware of data linking ADUs to home sales,
noted that property tax impacts depend on the nature of the improvements, and
explained that HOA parking requirements are enforced by the HOA rather than the
City.
Mason asked about separate entrances for ADUs, enforcement of unpermitted
units, preservation of historic neighborhoods, and the operational impacts on staff.
Staff confirmed that separate entrances are required, unpermitted ADUs must be
brought into compliance with applicable safety codes, and the City is seeking to
pursue objective design standards for historic neighborhoods. Staff also noted that
the primary challenge has been frequent State law changes requiring ongoing
amendments to the City's regulations and reported that approximately six to ten
ADU applications were processed during the previous year.
At 6:30 p.m., staff requested there be a recess due to technical difficulties with
Granicus and reconvened at 6:44 p.m. when Chair Mason placed this item on hold
and called for the Regular Business item to be presented to allow additional time
to restore Granicus.
At 7:27 p.m., following the presentation of Regular Business item 3, Daudt made a
brief statement regarding the City's Granicus system malfunction that was unable
to be restored. However; the Zoom system remained intact during the entire
meeting. As noted on the agenda, the public is able to comment on the public
hearing item through Zoom.
The public input portion opened/closed at 7:38 p.m. Hurtado confirmed no public
input received.
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Motion: It was moved by GuLLO, seconded by Douthit, to approve the Public Hearing item,
as provided.
Roll Call Vote: Hurtado
Motion carried: 4-0-1
REGULAR BUSINESS:
3. ECONOMIC DEVELOPMENT DIVISION DISCUSSION ON KEY INITIATIVES AND
PROGRAMS
SUMMARY/DISCUSSION:
At the June 9, 2026 Planning Commission meeting, Economic Development Staff
will provide a presentation on the Division's key economic development initiatives
and programs. The presentation will highlight recent accomplishments and outline
the Division's planned efforts to support Tustin businesses.
RECOMMENDATION:
Recommend the Planning Commission receive and file the report.
Valentin Flores, Deputy Director of Economic Development and Micah Weichbrodt,
Management Analyst II, provided a PowerPoint presentation.
Mason asked Flores how Economic Development defines success and what is
expected of the division. Flores explained that the first year focused on building
relationships with the community and strengthening connections between City Hall
and local businesses. He noted that Economic Development is leveraging
marketing efforts and tools such as Placer Al to support businesses through data
analytics and to better promote the Tustin community.
Mason asked whether the City Manager has established specific targets for
Economic Development. Smittle responded that while there are no formal metrics,
the division is guided by goals such as the Visitation Program and maintaining a
high level of engagement and responsiveness.
Mason recommended contacting Bobby Seagal (City of Corona) to learn about their
partnership with their Chamber of Commerce. She also inquired about the
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proposed beer garden and its funding. Flores clarified that the City is not
fundraising but rather connecting interested parties with the property owner.
Mason commended the Concierge Program and encouraged broader outreach
beyond the public hearing notices in the Tustin News, including greater use of social
media and other communication channels.
Kozak commended the Economic Development team, its initiatives, and the
Concierge Program. Douthit asked about Talkin' Tustin, and Flores stated that
Economic Development will gradually transition to that platform. Gullo echoed
the positive comments, congratulated the team on its Digital Media Award, and
asked about the reported 800 business touchpoints. Flores stated that
approximately 350 touchpoints have been completed in less than one year. Gullo
also expressed support for the bike rack mockups presented.
Item No. 3 was received and filed.
7:21 p.m. Meeting in Recess, followed by a return to Public Hearing item 2.
OTHER BUSINESS:
Alexa Smittle, Community Development Director, verbally provided Community
Development updates.
PLANNING COMMISSION COMMENTS AND REPORTS:
Gullo commented on an Active Transportation Plan being approved. Congratulations to
Parks and Recreation staff on another successful Chili Cook -off. Concerts in the Park series
begins on June 10, 2026. Congratulations to the new Mr. Tustin, David Flynn.
Douthit, Kozak and Mason echoed GULLO's comments regarding the Parks and Recreation
events.
ADJOURNMENT 7:43 p.m. The next regular meeting of the Planning Commission is
scheduled for Tuesday, June 23, 2026.
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