Tustin City Planning Commission backs code‑streamlining ordinance but removes ADU changes after housing group comment

TUSTIN CITY — The Tustin City Planning Commission on Jan. 27 recommended that the City Council adopt Ordinance 1574, a city‑initiated package of code clarifications that would codify a prohibition on short‑term rentals and implement select housing‑element programs, but the commission voted to remove proposed accessory dwelling unit (ADU) changes from its recommendation after staff said an advocacy group’s comment letter required more review.

Jose Hara, a city planning presenter, told commissioners the amendment package is part of the city’s Streamline Tustin initiative and said the proposal would "add a new standalone section within Article 9 of the Tustin City Code that clearly defines short‑term rentals, and explicitly prohibits them in residential zones and any zoning district where a residential use is permitted." Hara also explained two housing‑element implementation items: Program 2.7A would treat qualified employee housing for agricultural workers serving six or fewer people like single‑family uses in residential zones, while larger employee housing (up to 12 units or 36 beds) would be limited to agricultural zones; Program 3.13A would require at least 5% of units in new multifamily projects of six or more units to be "large‑family" units (three or more bedrooms).

Staff proposed several ADU updates — including allowing up to eight detached ADUs on multifamily properties (so long as ADUs do not exceed the number of existing units), removing a parking‑replacement requirement for ADUs, and creating a process to legalize certain unpermitted ADUs and junior ADUs built before Jan. 1, 2020. But a staff member reported that the California Housing Defense Fund submitted a comment letter raising concerns about the ADU/JADU language; because staff had limited time to analyze that letter, the staff member said "staff at this time is recommending that the Planning Commission adopt Resolution 4538 recommending that the City Council adopt Ordinance 1574 without the updated ADU provisions," and return later with a standalone ADU update.

Commissioners asked staff to consider adding a policy rationale for the short‑term rental prohibition so the public understands the purpose of the ban; Commissioner Gulo suggested noting that neighboring cities have restricted short‑term rentals to preserve long‑term housing. Commissioners also asked about enforcement costs. A staff member said code enforcement is generally reactive and complaint‑driven, noting that "there are costs associated" with enforcement but that some administrative programs may recoup fees; staff said there was no plan for a concentrated, proactive enforcement campaign at this time.

Commissioners clarified whether owner‑occupied, short‑duration room rentals would remain allowed. Staff said stays shorter than 30 days are treated as short‑term rentals and are not permitted; stays of 30 days or longer remain legal. On ADU definitions, staff reminded the commission that state law defines the distinction between ADUs and junior ADUs (JADUs), generally limiting JADUs to about 500 square feet while ADUs can be larger depending on bedrooms (up to roughly 1,200 square feet in typical examples).

After discussion, a motion to approve the staff recommendation as revised — recommending Council adopt Ordinance 1574 while removing the ADU updates for separate review — passed on a 5‑0 roll call vote. The commission’s recommendation preserves the housing‑element program changes, the explicit short‑term rental prohibition and the miscellaneous code cleanups; staff will return with a standalone proposal addressing ADU/JADU revisions and the issues raised in the California Housing Defense Fund comment letter.

In other business, staff updated the commission that the City Council had authorized negotiations with Lincoln Property Company for a proposed advanced‑manufacturing mixed‑use project at a vacant city site north of Valencia and that Old Town improvements (parklets, sidewalk reconstruction, landscaping and signage) have begun. The commission adjourned at 6:23 p.m.; its next regular meeting is scheduled for Feb. 10, 2026.