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Home My WebLink AboutITEM 11Code Amendment 2026-0001 Updates to ADU & JADU Provisions City Council July 21, 2026 Background •'• CA 2026-0001: Updates City Code to reflect 2025 & 2026 laws: SB 1211 SB 543 AB 1170 SB 477 AB 1154 AB 2533 ❖ New laws... ■ Allowa greater ADU density in single-family and multi -family zones ■ Require ministerial approval of "State Exempt"ADUs &JADUs ■ Limit development standards including required parking ■ Revised State code sections Types of ADUs/JADUs r",,.Ilt ADU Accessory Dwelling Unit Detached Free-standing structure os� S ADU Accessory Dwelling Unit Attached Shares at least one wall with the primary home ADU Accessory Dwelling Unit Conversion Built from existing space within the home JADU Junior Accessory Dwelling Unit Must be contained within the walls of an existing or proposed single-family home and may be located on the second floor ADU/JADUs on Single Family Lots 1 ADU allowed 2 ADUs allowed ADUs (Converted, Attached or Detached) JADUs 1 JADU Total 2 ADUs per lot Allowed (1 ADU + 1 JADU) (1 Attached or Converted, and 1 Detached) 1 JADU 3 ADUs per lot (2 ADUs + 1 JADU) ADUs on Multi -family Lots Converted* ADUs Detached ADUs Max. ADUs: 25% dwelling units on lot (but at least 1) Max. 2 ADUs Max. 2 ADUs No change Max. 8 ADUs (up to dwelling units on lot) Max. 2 ADUs * Only existing non -livable space can be converted (i.e., storage areas, meeting rooms, gyms, etc.) ADU Parking Standards Current Cit Co Attached garage is converted to JADU JADU... required parking shall be replaced Required parking does not need to ADU be replaced when an existing garage, carport, or covered parking structure is demolished for ADU. Attached garage is converted to JADU... required parking does not need to be replaced Required parking does not need to be replaced when an existing garage, carport, covered parking structure, or uncovered parking space is demolished for ADU. Additional Revisions •'• Revisions to development standards ■ Removes standards that are not objective ■ Limits ADUs in historic district to primary dwelling height or floor area •'• Requires owner occupancy when JADU & primary residence share bathroom •'• Streamlines and clarifies timeframes and procedures •'• Creates consistency with California Gov. Code ■ Definitions ■ Revised Gov. Code number Clarifies State Exempt ADU requirements • • • ` June 9, 2026, the PC adopted Resolution ivironmentaL o. 4544, recommending that the CC adopt Ordinance No. 1578 L �Js r"ll I 1/8-page public notice was published in t Tustin News on July 9, 2026 Code Amendment is exempt from CEQA pursuant to Public Resource Code Section 21080.17 Remembering what connects us. 8 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. Code Amendment 2026-0001 Updates to ADU & JADU Provisions City Council July 21, 2026 Accessory Dwelling Units (ADUs) kAmendment Description 2 9263(g) Revises ADU parking standards related to parking exemptions and replacement parking requirements to ensure consistency with Government Code §§ 66314 and 66322. Revises standards for the size, number, and types of ADUs permitted on single-family and multi -family properties to ensure consistency with Government Code §§ 66314 and 66323. 3 9279(D)(1)-(5) Clarifies that the maximum number of ADUs 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 4 9279(D)(11) the primary residence, consistent with State law's requirement that subjective standards are prohibited for compliance with Government Code §§ 66314(b) and 66315. Additionally, the term "front 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. 6 9279(F)(1) Updates an outdated Government Code reference from § 65852.26 to § 66341 to reflect the re -numbering of ADU 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). Accessory Dwelling Units (ADUs) Draft Ord. TCC Section Amendment Descriptio Revises site planning and development standards for ADUs on historic properties by 8 9279(F)(4)(c) replacing subjective requirements with objective standards related to building height and size, consistent with Government Code § 66314(b). 9 9263(g) Revises ADU permit application procedures and review timeframes to ensure consistency with Government Code §§ 66317 and 66321. Updates outdated references to Government Code §§ 65852.2 and 65852.22 with 10 9279(D)(1)-(5) references to Government Code § 66310 et seq., consistent with the re -numbering of ADU State Law sections under Senate Bill 477. 11 9279(D)(11) Adds new Subsection K to establish procedures for the legalization of unpermitted ADUs consistent with Government Code § 66311.7. 12 9279(E)(8)(a) Revises definitions related to "ADU, Statewide Exemption" and "Junior ADU" and adds a definition for "Livable Space" to ensure consistency with Government Code § 66313. Gov. Code § 66323 Combinations ADU • Sometimes referred to as "Conversions," "Interior," or Within space of proposed or existing "Created Within." single-family residence; or within space • Must have exterior access. of existing accessory structure. • Setbacks meet fire and safety requirements. • Existing accessory structure may be expanded up to 150 square feet for ingress and egress. JADU • Created within an existing or proposed dwelling. • 500-square-foot interior livable space maximum. • May be created from an attached garage. ADU • 800-square-foot interior livable space maximum. Newly constructed detached ADU. • Minimum 4-foot side and rear setbacks. • May be located within the front setback. Gov. Code § 66323 Combinations r. 1 ]IVA luyiyr-4 111 if ADU Existing non -livable space (e.g., gyms, enclosed parking, etc. Constructed in existing space not used within the multi -family structure). as livable space 0 Allows at least one ADU or up to 25% of existing primary units. ADU 0 Up to 2 units detached from the proposed primary dwelling; or Detached from primary dwelling 0 Up to 8 units detached from existing primary dwelling, not to exceed the number of existing units on the lot. Four -foot side and rear setbacks. Allowable 66323 ADU Combinations All formats listed below may be combined as explained in the preceding section Single -Family Multifamily Primary Dwelling Primary Dwelling Gov. Code, § ' Sometimes referred to as 66323, subd. ,Conversions," "Interior," (a)(1 ) ADU "Created within." constructed ' May expand 150 square Does not apply from feet from the existing proposed or accessory structure for existing ingress and egress. space Must have exterior access. Gov. Code, Created within existing or §§ 66323, proposed dwelling. subd. (a)(1 ); 500 square -foot interior Does not apply 66333- livable space maximum. 66339 May be created from within JADUs attached garage. Gov. Code, § 66323, subd. ' May be in front setback. (a)(2) New ' 800 square -foot interior Does not apply construction livable space maximum. detached i 'Li s"Ti Allowable 66323 ADU Combinations All formats listed below may be combined as explained in the preceding section Single -Family Multifamily Primary Dwelling Primary Dwelling Gov. Code, § 66323, subd. �a)�3)��+) Existing non -livable spade {e.g., Constructed Con struing gyms, enclosed parking, etc.) within in Does not apply the multifamily structure. space not ■ Allows at least one ADU or up to used 25% of existing primary units. livable Gov. Cade, § + Up to two units detached from 66323, subd. proposed primary dwelling, or (a)(4) + Up to eight units detached from Detached Does not apply existing primary dwelling, not to from exceed the number of existing units primary on the lot. dwelling Four -foot side and rear setbacks. In addition to the units described in Government Code section 66323, a local agency must allow at least one unit described in Section 66314 and may impose objective development and design standards on such units.