HomeMy WebLinkAbout04_SECOND_READING_AND_ADOPTION_OF_ORDINANCE_NO._1578_ADUS_AND_JDUSMEETING DATE: AUGUST 4, 2026
TO: ALDO E. SCHINDLER, CITY MANAGER
FROM: ERICA N. YASUDA, CITY CLERK
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1578
CODE AMENDMENT 2026-0001 – ACCESSORY DWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS
SUMMARY:
Adoption of Ordinance No. 1578 updates 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:
That the City Council have second reading by title only and adoption of Ordinance No.
1578.
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.
BACKGROUND AND DISCUSSION:
On July 21, 2026, the City Council had first reading by title only of Ordinance No. 1578:
ORDINANCE NO. 1578
AGENDA REPORT Agenda Item 4
Reviewed:
City Manager ______
Finance Director N/A
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City Council Agenda Report
Second Reading and Adoption of Ordinance No.1578 Code Amendment 2026-0001-
Accessory Dwelling Units and Junior Accessory Dwelling Units
August 4, 2026
Page 2
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
_____________________
Erica N. Yasuda
City Clerk
Attachment:
1.Ordinance No. 1578
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4910-4458-2578, v. 1
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, or 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
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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 garage is converted to a JADU, any required
off-street parking spaces for the primary dwelling that
are eliminated as a result of the conversion shall be
replaced.
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 single-family 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-
family dwelling, no more than one (1) attached, converted or detached AD U,
shall be permitted on the lot; and (2). In cases where both a new or
converted detached ADU and JADU are developed or proposed on a lot,
the total floor area of the detached ADU may not exceed 850 square feet .
i. One attached or converted ADU, and one JADU shall
be permitted 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.
i. 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 u nit
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/or
2. Detached ADUs. Not more than eight (8) two (2)
detached ADUs may be constructed on a lot with an existing
or proposed 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).
(c) Condominium Projects in Tustin Legacy Specific Plan (SP-1).
Attached and detached single-family dwellings, two-family dwellings,
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duplexes, and townhouses or townhomes within a proposed condominium
project in the Tustin Legacy Specific Plan (SP-1) zoning district may have
no more than one (1) ADU per dwelling-provided all the following criteria
are satisfied:
i. The ADU is located within the proposed dwelling,
excluding attached or detached garages, storage areas or similar
uses, or an accessory structure;
ii. The ADU is located within one half of one mile of Tustin
Metrolink commuter rail station; and
iii. The ADU may only be rented, if at all, to lower income
households for a minimum period of fifty-five (55) years guaranteed
through recordation of a deed restriction against the title of the
property in the County Recorder's office with a copy filed with the
Director. The deed restriction shall run with the land and shall bind
all future owners, heirs, successors, or assigns.
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 exemption 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:
11. Orientation of Detached Accessory Dwelling Structure. A detached
ADU shall be located behind the front building line of the primary residence, so
long as it does not. prohibit the creation of a statewide exemption ADU.
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.
(a) The owner of the property shall occupy either the primary
residence or the JADU as his or her domicile. In the event owner occupancy
of the property ceases, the JADU shall not be used as a separate dwelling
unit and shall not be separately rented or leased for any purpose.
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 65852.26 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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separate sanitation facilities. 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.
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 clearly subordinate by location and size, so long as it
does not prohibit the creation of a Statewide Exemption ADU.
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 the date the City
receives a complete application, when there is an existing single family of muti -
family dwelling on the lot. 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, subdivision (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 Section s 66310 et seq. 65852.2 and
65855.22 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.
1. 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 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 apply to a building 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 an ADU up to
800 square feet, 16 feet in height, and with four foot side 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 31st 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 i mplement 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 dec lares 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 unconstitut ional.
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Ordinance No. 1578
Page 12
_____________________
Ordinance No. 1578 ______
4910-4458-2578, v. 1
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of
Tustin on this 21st day of July, 2026.
______________________________
AUSTIN LUMBARD
Mayor
ATTEST:
___________________________
ERICA N. YASUDA,
City Clerk
APPROVED AS TO FORM:
_______________________________
DAVID E. KENDIG,
City Attorney
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Ordinance No. 1578
Page 13
_____________________
Ordinance No. 1578 ______
4910-4458-2578, v. 1
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 21st day
of July, 2026, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
__________________________
ERICA YASUDA
City Clerk
Published:____________________________
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