Tustin, CA Zoning Overlays & Bonuses: Density Bonus Law (2026)

Tustin City Code Chapter 1 of Article 9, adopted under California Density Bonus Law (Government Code Section 65915 et seq.), implements density bonus incentives citywide. Section 9111 states the chapter's purpose is to incentivize housing for very low-, low-, and moderate-income households, seniors, transitional foster youth, lower-income students, disabled veterans, and homeless persons, and to allow bonuses for developments that include child care facilities or donate land for affordable housing. Section 9121 makes any housing development of five or more units eligible for a density bonus if it commits at least 10 percent of units to lower-income households, 5 percent to very low-income households, meets senior or mobile-home-park age restrictions, sells 10 percent of for-sale units to moderate-income buyers, sets aside 10 percent for transitional foster youth, disabled veterans, or homeless persons, or reserves 20 percent for lower-income students, and the granting of the bonus is not, by itself, treated as requiring discretionary land-use approval.

An applicant who donates qualifying land for very low-income housing can receive an added density bonus, stacking to a maximum combined increase of 35 percent when combined with the base bonus. A development that includes an on-site child care facility can receive an additional density bonus equal to the facility's square footage, or an equivalent concession, unless the City finds the community already has adequate child care. Apartment owners converting to condominiums under Section 9274 can also receive a 25 percent unit increase, or an equivalent incentive, by reserving 33 percent of units for low- or moderate-income buyers or 15 percent for lower-income households.