Before You Build in Tustin, CA: Permit & Rule Checklist (2026)

Tustin requires a building permit and a zoning yard-setback verification to build any fence or wall over 3 feet in height above finished grade, and a permit for retaining walls 2 feet and over. Permits are usually issued over the counter, and walls over 6 feet may need engineering details.

In the City of Tustin, fences, hedges and walls may not exceed 6 feet 8 inches in height. In a required front yard setback, nothing over 3 feet is allowed unless a Variance or special zoning district permits it. Taller heights need a Variance or Conditional Use Permit.

Tustin requires the neighboring owner's written approval/consent for any wall or fence proposed on the property line between two properties. California's Good Neighbor Fence Act (Civil Code 841) presumes adjoining owners share boundary-fence costs equally after 30 days' written notice.

In Tustin, retaining walls 2 feet and over in height above finished grade require a building permit - a lower threshold than the 3-foot trigger for ordinary fences. The City has a standard CMU wall detail; walls that vary from it, or that are over 6 feet, may need engineering calculations by a registered engineer.

Outside Old Town, Tustin permits a broad range of fence materials - wood, mesh, metal, chain, brick, stake, plastic, masonry, rock, stucco and concrete - subject to height, setback and permit rules. Barbed/razor wire is banned citywide, and historic-district fences should use natural materials like wood, stone and stucco.

The City of Tustin requires a building permit and concurrent planning design review to construct any in-ground or above-ground swimming pool, spa, or hot tub. Submit a completed application, fees, and three copies of a plot plan showing setbacks, equipment, fencing, and the pool-safety features selected under the Swimming Pool Safety Act.

The City of Tustin enforces California's Swimming Pool Safety Act. New or remodeled pools/spas at single-family homes must have a permanent enclosure feature plus at least one more drowning-prevention feature. Enclosures must be at least 60 inches high with self-closing, self-latching gates that open away from the pool.

Tustin adopts the Swimming Pool Safety Act and adds local rules. New single-family pools/spas must use a permanent enclosure plus one more drowning-prevention feature, install anti-entrapment suction outlets, and pass building-official inspection. Tustin withholds approval to fill the pool until all safety items and a gunite report are complete.

Tustin's pool definition expressly includes above-ground pools that hold water more than 18 inches deep. They require the same building permit, design review, setbacks, and Swimming Pool Safety Act barrier features as in-ground pools. Pools must sit at least five feet from any side or rear lot line.

Tustin treats spas and hot tubs as 'swimming pools' under its definition, so they require a building permit, design review, and Swimming Pool Safety Act features when water is over 18 inches deep. The clean-up bond is reduced to $1,500 for spa/hot tub construction. Equipment must sit in the rear/side yard and be screened.

Tustin permits ADUs and JADUs under City Code Section 9279, adopted by Ordinance No. 1517 (Dec. 2021) to match California state law. A single-family lot may add one ADU plus one JADU. Detached ADUs allow studio/1-bedroom up to 850 sq ft and 1,200 sq ft for two or more bedrooms.

Tustin allows garages to be converted into living space, most commonly as an ADU or JADU under City Code Section 9279. Single-family homes must keep two enclosed garage spaces (Section 9263), so converting a garage usually requires replacement covered parking unless the unit qualifies for a state ADU parking exemption.

In Tustin's R-1 single-family district, detached accessory buildings such as sheds are governed by zoning standards in City Code Section 9223, which allow a maximum height of 25 feet with minimum 1-foot side and rear setbacks (5 feet on an alley). A building permit is generally required once a shed exceeds the California 120-square-foot exemption.

Tustin's off-street parking standards (City Code Section 9263) require single-family homes to provide two spaces within a fully enclosed garage, so a carport alone does not satisfy required parking for a single-family residence. Carport and garage interior dimensions and driveway widths are set in Sections 9266-9268.

Tustin has no separate tiny-home ordinance. A permanent tiny house on a foundation is treated as an ADU under City Code Section 9279 (Ordinance No. 1517), with a 220-square-foot minimum and detached ADUs up to 850 or 1,200 square feet. Tiny homes on wheels are recreational vehicles and cannot be used as permanent dwellings.

Tustin has no city-specific fire pit ordinance; backyard fire pits and portable outdoor fireplaces are governed by the California Fire Code as adopted and enforced by the Orange County Fire Authority (OCFA). Keep fires a safe distance from structures, attended at all times, and have extinguishing equipment ready.

Open burning of yard waste, leaves, brush, and trash is effectively prohibited in Tustin. South Coast AQMD Rule 444 regulates open burning across Orange County, and routine residential trash/yard-waste burning is not allowed. Recreational and cooking fires are treated separately and are exempt from the open-burn rule.

Removing a tree in a public parkway, median, street or right-of-way without prior written approval of the Manager of Field Services is unlawful (Sec. 7303). The City removes blighted, diseased or unsafe public trees and replaces them; a healthy public tree is removed only if it has damaged adjacent property or is unsafe (Sec. 7306).

Tustin runs its own water utility and imposes permanent restrictions under City Code Sec. 4953: irrigation 4 days/week (Apr-Oct) or 3 days/week (Nov-Mar), no watering 8 a.m.-4 p.m., no runoff onto pavement, no washing paved areas, and no irrigating within 48 hours of measurable rain. Fines start at $100.

Tustin claims full jurisdiction over trees in parkways, medians, streets and other public property (Sec. 7301). No person may trim or cut any tree or shrub in a public parkway, median, street or right-of-way without prior written approval of the City's Manager of Field Services (Sec. 7303). Abutting owners must water and maintain parkway trees (Sec. 7304).