Tulare's Accessory Structures: The Rules That Matter

Every city handles accessory structures a little differently. In Tulare, California, there are 9 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

ADU Rules

Tulare allows one accessory dwelling unit (ADU) per single-family parcel in R-1, R-M, and R-H zones under TMC § 10.60.030, plus one junior ADU under § 10.60.040. The city mirrors state law: minimum 4 ft side/rear setbacks, no local development standard (lot coverage, FAR, open space, minimum lot size) may block an ADU up to 800 sq ft. Detached ADUs may be up to 16 ft tall; attached ADUs may match the primary dwelling height up to 25 ft. Conversions of existing space are exempt from setback rules under Gov. Code § 65852.2.

Key details: Code section: TMC § 10.60.030 (ADUs) and § 10.60.040 (JADUs). Allowed zones: R-1, R-M, R-H (single-family + multi-family residential). Max size (single-family): 800 sq ft (cannot be blocked by local standards). Min size: 150 sq ft (state efficiency floor). Side/rear setback: 4 ft minimum (all zones).

Building an ADU without permits, exceeding 800 sq ft size cap without separate discretionary review, or violating the 4-ft side/rear setback can trigger building code enforcement, stop-work orders, and required removal or modification under TMC Title 15 (Buildings and Construction). The city cannot impose setback, lot coverage, FAR, or minimum lot size requirements that would block a ≤800 sq ft ADU on a residentially zoned parcel.

The rules around adu rules in Tulare lean permissive, but that does not mean anything goes.

ADU Owner Occupancy

Tulare cannot require owner-occupancy for an ADU permitted between January 1, 2020 and January 1, 2025 — TMC § 10.60.030 states 'Owner occupancy shall not be required, and no land use agreement requiring owner occupancy shall be recorded or enforced on properties containing accessory dwelling units.' This mirrors Cal. Gov. Code § 65852.2(a)(7). Junior ADUs (JADUs) under TMC § 10.60.040 do require owner-occupancy of either the primary dwelling or the JADU per Gov. Code § 65852.22(a)(2).

Key details: Standard ADU: No owner-occupancy required (TMC § 10.60.030). Effective dates: Permits Jan 1, 2020 – present (AB 881, AB 976). Recorded covenants: Prohibited and unenforceable for ADUs. Junior ADU (JADU): Owner MUST occupy main house or JADU (Gov. Code § 65852.22). JADU max size: 500 sq ft (within primary dwelling envelope).

If Tulare or an HOA attempts to enforce an owner-occupancy covenant on a standard ADU permitted after Jan 1, 2020, the covenant is unenforceable by statute (Civil Code restrictions void as against public policy). For JADUs, breach of the recorded owner-occupancy covenant can be enforced via TMC Ch. 7.28 nuisance proceedings and may trigger revocation of the JADU permit.

If you are coming from a city with tighter rules, you will find Tulare gives residents more flexibility on adu owner occupancy.

Tiny Homes

Tulare does not have a tiny-home-specific ordinance. Tiny homes on foundations are regulated under Appendix AQ of the 2022 California Residential Code (CRC), Title 24 Part 2.5 — which defines a tiny house as a dwelling 400 sq ft or less excluding lofts. Such a unit can be permitted only as an ADU under Gov. Code § 65852.2 (subject to local ministerial review) or as a primary dwelling meeting full CRC requirements. Movable/wheeled tiny homes (THOWs) are treated as recreational vehicles under Health & Safety Code § 18010 and may not be used as permanent dwellings outside a permitted RV park.

Key details: State standard: 2022 CRC Appendix AQ (Tiny Houses). Max tiny-house size: 400 sq ft excluding lofts. Pathway in Tulare: Permit as ADU under Gov. Code § 65852.2. Wheeled THOWs: RV under H&S Code § 18010 — not permanent dwelling in R-1. Local ordinance: No Tulare-specific tiny-home rule.

Living full-time in a THOW or RV on a private residential lot is a zoning violation under TMC Title 10 and a public-nuisance violation under TMC Ch. 7.28. Building a tiny house on a foundation without permits violates Title 15 (Buildings and Construction) and the California Building Code, exposing the owner to stop-work orders, abatement, and possible misdemeanor charges under Health & Safety Code § 17995.

Carport Rules

Carports in Tulare are regulated under TMC § 10.32.060 (Development Standards) and Chapter 10.204 (Accessory Structures). Single-family dwellings must have a minimum of two covered parking spaces, each at least 9 ft wide and 20 ft deep — a carport satisfies this 'covered' requirement. Carports must be set back at least 10 ft from any dwelling on the lot. Where a carport opens onto a public street, a 20-ft driveway apron is required between the structure and the street. All parking surfaces (including the carport pad and driveway) must be asphalt concrete, chip seal, or comparable all-weather surfacing.

Key details: Minimum parking space: 9 ft wide x 20 ft deep, covered. Carport-to-dwelling distance: 10 ft minimum (TMC § 10.32.060). Driveway apron: 20 ft from public street. Surface requirement: Asphalt concrete, chip seal, or equivalent. Permit required: Yes — building permit (over 120 sq ft and roofed).

Building a carport without a permit is a Title 15 violation subject to stop-work and after-the-fact permit fees. Failing to maintain an all-weather driveway surface is a parking-standard violation under TMC § 10.32.060. Enclosing a carport without permits converts it into an unpermitted structure subject to abatement under TMC Ch. 7.28 (Nuisance).

ADU Permits

ADU applications in Tulare are reviewed ministerially (no public hearing, no discretionary review) per Cal. Gov. Code § 65852.2(b), with a 60-day approval clock. Apply through the Community Development Department (Planning Division) plus a building permit through TMC Title 15 (California Building Code, 2022 edition). Standards in TMC § 10.60.030 cover setbacks, size, and number of units; the building permit covers structural, electrical, plumbing, and mechanical code compliance.

Key details: Review type: Ministerial — no hearing, no discretion (Gov. Code § 65852.2(b)). Approval deadline: 60 days from complete application. Submit to: Tulare Community Development Department, 411 E. Kern Ave.. Building code: TMC Title 15 (2022 California Building Code). Fire sprinklers: Not required for ADU unless required for primary dwelling.

Beginning ADU construction without an issued building permit is a violation of TMC Title 15 (CBC adoption) and triggers stop-work orders, double fees, and possible misdemeanor citation under California Health & Safety Code § 17995. Failure to call inspections at required milestones (foundation, framing, rough plumbing/electrical, final) prevents legal occupancy.

Tulare is more permissive than most cities when it comes to adu permits. That said, there are still limits.

Garage Conversions

Converting an existing garage to an Accessory Dwelling Unit (ADU) in Tulare is governed primarily by California Government Code § 65852.2, which preempts most restrictive local rules. The city must ministerially approve a garage-conversion ADU on any lot with an existing or proposed single-family dwelling. The local agency cannot require replacement of off-street parking spaces lost to the conversion, and existing structures converted to ADUs are exempt from local setback requirements. Tulare Municipal Code Ch. 10.204 (Accessory Structures) implements these state mandates locally.

Key details: Governing statute: Cal. Gov. Code § 65852.2 (ADU law). Approval type: Ministerial — 60-day deadline. Setback for conversions: Exempt — no local setback applies. Replacement parking: Not required (state preemption). Fire sprinklers: Not required if primary residence lacks them.

An unpermitted garage conversion is a Title 10 (Zoning) and Title 15 (Building) violation. Enforcement typically begins with a notice of violation from Code Enforcement, requiring either legalization through after-the-fact permits or restoration to a legal garage. Health & Safety Code § 17920.3 makes substandard housing (no heat, no egress, no sanitation) a misdemeanor. Selling a home with an unpermitted converted garage triggers Civil Code § 1102 disclosure obligations.

If you are coming from a city with tighter rules, you will find Tulare gives residents more flexibility on garage conversions.

ADU Rental Restrictions

California law (Gov. Code § 65852.2(a)(6)) prohibits renting an ADU for less than 31 days, effectively banning short-term/vacation rentals (Airbnb, VRBO) of any ADU permitted after January 1, 2020. Tulare's TMC § 10.60.030 incorporates this limitation by reference to state law. Long-term rentals (31 days or longer) are permitted and the ADU cannot be sold separately from the primary dwelling (with limited SB 9 / qualified nonprofit exceptions).

Key details: Minimum rental term: 31 days (Gov. Code § 65852.2(a)(6)). Short-term rentals: Prohibited statewide for permitted ADUs. Separate sale: Not allowed except SB 9 lot split or qualified nonprofit. Rent cap: AB 1482 applies after first 15 years of CO (Civ. Code § 1947.12). Just-cause eviction: Civ. Code § 1946.2 applies to most ADU tenancies.

Renting an ADU for under 31 days violates state law and may be enforced as a public nuisance under TMC Ch. 7.28 (Nuisance). The city may impose administrative penalties, revoke the certificate of occupancy, and refer repeat violators for prosecution. Transient occupancy tax (TOT) liability may also attach.

ADU Impact Fees

Per Cal. Gov. Code § 65852.2(f)(3), Tulare cannot charge impact fees on any ADU under 750 sq ft. For ADUs 750 sq ft and larger, impact fees must be 'proportional in size' to the primary dwelling — typically computed as ADU sq ft divided by primary dwelling sq ft, then multiplied by the standard SFR impact fee. Standard building permit, plan check, school facility fees, and utility connection fees still apply.

Key details: ADUs under 750 sq ft: Zero impact fees (Gov. Code § 65852.2(f)(3)). ADUs 750+ sq ft: Proportional to primary dwelling sq ft. School impact fee: Only on ADUs ≥ 500 sq ft, proportional (Ed. Code § 17620). Building permit fees: Still apply (not 'impact' fees). Utility connection: Actual reasonable cost only.

If Tulare charges an impact fee on a sub-750 sq ft ADU, the charge is invalid under Gov. Code § 65852.2(f)(3) and refundable on demand. The Mitigation Fee Act (Gov. Code § 66020) sets the 90-day protest deadline from fee payment for any improperly imposed charge.

Tulare is more permissive than most cities when it comes to adu impact fees. That said, there are still limits.

Shed Rules

Tulare Municipal Code Chapter 10.204 (Accessory Structures) governs sheds. One-story detached tool/storage sheds, playhouses and similar structures with a floor area not greater than 120 square feet are exempt from building permits, though zoning rules still apply. Residential accessory structures may be located within 3 feet of the rear property line and within 10 feet of any street-side yard property line; front setbacks must match the underlying zoning district. The minimum distance between any structure used for human habitation and a detached shed, garage, or carport is 10 feet (TMC § 10.32.060).

Key details: Permit-exempt size: 120 sq ft or less (one-story detached tool/storage shed). Rear setback: 3 ft minimum (TMC § 10.204.040). Street-side setback: 10 ft minimum. Distance from dwelling: 10 ft minimum (TMC § 10.32.060). Code chapter: TMC Ch. 10.204 Accessory Structures.

Building without a required permit (>120 sq ft, or any size with utilities) is a zoning/building code violation subject to stop-work orders and after-the-fact permit fees (typically 2x normal fee). Setback encroachments may require relocation or removal. Using a shed as a dwelling without ADU approval is a Title 10 violation enforceable through TMC Ch. 7.28 (Nuisance) abatement.

The Bottom Line

Compared to many U.S. cities, Tulare gives residents more room on accessory structures. 5 of the 9 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

These rules come from Tulare's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.