Tustin Planning Commission recommends city adopt ordinance to align ADU rules with state law

The Tustin Planning Commission voted unanimously (4–0, Commissioner Higuchi excused) to adopt Resolution 4544, recommending that the City Council adopt Ordinance 1578 to update the Tustin City Code on accessory dwelling units (ADUs) and junior ADUs (JDUs) to conform with recent state law.

Assistant Planner Jose Jara, who presented the item, said the amendments ‘‘are primarily intended to ensure that the city's regulations remain consistent with recent changes to state law.’’ The draft ordinance increases the number of ADUs allowed on a single-family property to three (one attached or conversion ADU, one detached ADU and one JDU), expands allowances for detached ADUs on existing multifamily properties (up to eight detached ADUs provided the total does not exceed the number of existing units), and extends parking replacement exemptions to uncovered parking spaces for ADU conversions.

Commissioners pressed staff on how state law interacts with private restrictions such as CC&Rs and homeowners associations. A member of staff answered that state ADU law and guidance from the California Department of Housing and Community Development (HCD) ‘‘prevent or preclude HOAs from imposing any requirements that would overly burden the development of ADUs or preclude the development of an ADU,’’ noting that litigation could ultimately resolve borderline cases.

Staff also told the commission that certain ADUs meeting state-exempt criteria must be ministerially approved with no discretionary local review, and therefore the city ‘‘has no authority to regulate’’ features of those state-exempt ADUs (for example, detached ADUs of 800 square feet or less with the specified setbacks). Staff said the city will inspect unpermitted ADUs for safety and habitability if discovered but generally must allow ADUs that meet the state’s exemption criteria to proceed.

A motion to approve Resolution 4544 (recommending adoption of Ordinance 1578) was made and seconded; Vera conducted a roll-call vote. The recorded votes were: Commissioner Gullo — Aye; Commissioner Douthit — Aye; Chair Pro Tem Kozak — Aye; Chair Mason — Aye. The motion passed 4–0 with Commissioner Higuchi excused. Staff noted the adopted resolution and draft ordinance will be submitted to HCD for comment and may return to the commission if revisions are required.

Why it matters: the ordinance aligns local ADU/JDU regulations with state statutes and HCD guidance, expands allowable ADU types and counts in some circumstances, and reduces local regulatory review where state law preempts municipal discretion. The changes may increase the number of permitted accessory units in parts of Tustin but leave limited local authority to apply design or subjective compatibility standards to state-exempt ADUs.

Next steps: the resolution and draft ordinance will be sent to HCD for review; the City Council will consider adoption of Ordinance 1578 at a later meeting, and staff said they expect HCD may provide comments that would require minor revisions and a return to the commission for final review.