The lot at 13661 Hewes Street covers almost 30,000 square feet. By most buyers' standards that is a generous North Tustin parcel. Even so, the owner had to ask Orange County for a variance to build the addition they had in mind.
The plans keep the 1935 single-story house, which has 2,264 square feet. They add a 1,288-square-foot first-floor addition, a new 1,195-square-foot second floor, and a 1,160-square-foot attached three-car garage with storage and workshop space. The zoning requires side yards of 13 feet 6 inches. The request asks to cut that to 5 feet 2 inches on the north side and 10 feet 5 inches on the south. County planning staff put the request before the North Tustin Advisory Committee on September 16, 2026, and recommended approval. No final decision from the Zoning Administrator had been published as of early October.
The case shows how North Tustin zoning works. In the area's E4 "Small Estates" districts, the required side yard grows as the lot gets wider. A big parcel does not buy expansion room in proportion to its size. On many lots, the real expansion potential depends on a county approval, and any homeowner within 300 feet gets notice of it.
The Rule That Grows With the Lot
North Tustin is unincorporated. A mailing address may read "Santa Ana, CA 92705," but the rules for building on the lot come from the County of Orange Zoning Code and the North Tustin Specific Plan. They do not come from a city. The county's E4 standards appear in Table 7-9-31.3:
- Front setback: 30 feet from the ultimate street right-of-way line
- Side setback: 10% of the building site's average ultimate net width, with a 20-foot maximum
- Rear setback: 25 feet
- Maximum site coverage: 35%
- Maximum building height: 35 feet
The zoning label also carries information. Under County Code Section 7-9-61.2, a number placed before the district symbol sets the minimum building-site width in feet. A number placed after it sets the minimum site area. So a lot zoned 100-E4 must be at least 100 feet wide.
Because the side yard is a percentage of width, the land you cannot build on gets bigger as the lot does, until the side yard reaches the 20-foot cap. Three 2026 county files show how that plays out.
| Address | Lot size | Required side yard | What the owner asked for |
|---|---|---|---|
| 12911 Browning Ave. | 7,215 sq. ft. | 6.5 feet, at 10% of width | 41% site coverage, where the standard limit is 35% |
| 19246 Fairhaven Extension | 20,462 sq. ft. | Not at issue | A 13-foot-2.5-inch deck inside the rear setback, where the limit is 12 feet |
| 13661 Hewes Street | About 29,957 sq. ft. | 13 feet 6 inches | Side yards of 5 feet 2 inches and 10 feet 5 inches |
The Browning Avenue lot is the smallest of the three and has the thinnest required side yards. The Hewes Street lot is roughly four times larger, and its side yards are more than twice as deep. Under the 10% rule, a 13-foot-6-inch requirement means an average width of about 135 feet. A wide lot gives you a wider house only after you subtract a wider strip on each side.
Why the Larger Lot Ended Up Asking for an Exception
The Hewes Street owner wanted a second story and a three-car garage. Under the code, that kind of plan pushes against setbacks long before it reaches the 35-foot height limit or the 35% coverage cap. The staff memo explains the request by pointing to the parcel's irregular shape. It says the shape leaves limited room to expand while keeping a functional layout.
A variance is not a formality. Zoning Code Section 7-9-125.6(d) requires the county to make two findings:
"Special Circumstances: There are special circumstances applicable to the subject building site which, when applicable zoning regulations are strictly applied, deprive the subject building site of privileges enjoyed in the vicinity and subject to the same zoning regulations."
"No Special Privileges: Approval of the application will not constitute a grant of special privileges which are inconsistent with the limitations placed upon other properties in the vicinity and subject to the same zoning regulations, when specified conditions are complied with."
The first finding depends on something specific to the lot. The Hewes Street case relies on its irregular shape. A buyer who looks at a regular, rectangular lot and assumes a variance will cover a planned addition has no comparable argument to make. That is why a listing's "room to expand" claim needs a ruler and the setback table, not just a site plan.
Coverage works the same way. The plan set for the 7,215-square-foot Browning Avenue home proposes 41% site coverage. The same sheet lists the maximum as "35% (approved by variance)." The house was built in 1957, and the plans add a 562-square-foot first-floor room addition. On a smaller E4 lot, a modest one-story addition was enough to go over the coverage limit.
How Long a Clean Approval Takes
The Fairhaven Extension file shows what the process looks like when it goes smoothly. The property has a 1951 two-story house of 1,968 square feet and a detached two-car garage. The owner proposed an uncovered deck 13 feet 2.5 inches tall. The code limits accessory structures inside required setbacks to 12 feet, or 8 feet when they sit within 3 feet of a property line. The deck was about 14.5 inches over the limit, and that required a use permit.
- June 17, 2026: The North Tustin Advisory Committee reviewed the request and recommended approval.
- Before the hearing: County staff sent the application to the Orange County Fire Authority, Building and Safety, and Environmental Planning. Notices went to every owner of record within 300 feet. Notices were also posted at the site, published in a local newspaper, and posted at the County Administration building kiosk at least ten days before the hearing.
- August 6, 2026: The Zoning Administrator approved the use permit under Resolution 2026-11.
Fifty days passed between the advisory review and the final approval. The design also changed. The June memo put the deck 5 feet from the rear property line, where the zone's rear setback is 25 feet. The final staff report lists it at 9 feet 9 inches. The documents do not explain the change. Even so, the plan that was approved is not the plan that was first presented.
Cost is part of the timeline too. For FY 2026-27, the county's fee schedule sets an initial $7,000 time-and-materials deposit for a use permit. The deposit is $10,000 when the use permit also goes through an advisory committee. The same schedule does not show a separate fee line for a variance permit.
Splitting the Lot Is a Separate Process
Buyers looking at the largest parcels sometimes have subdivision in mind. The June file for 12612 Lemona Lane shows what that involves. The 1.72-acre site, roughly 74,793 square feet, is zoned 100-E4. It holds a single-story house of 3,876 square feet, built in 1956. Applicant V&J Design and Builders proposed Tentative Tract Map TTM 19317. The map would create four single-family lots plus a fifth parcel, Lot A, for a private road off Lemona Lane.
The map involves about 120 cubic yards of cut and fill for the road, utilities and drainage. The project qualified for a Class 15 categorical exemption under CEQA as a minor land division. Approving the map would not approve any houses. Each future home "would be subject to separate review and approval for compliance with County zoning, building, grading, drainage, and fire authority requirements." Staff asked the advisory committee to recommend approval to the County Subdivision Committee. As of early October, the county had not published a Subdivision Committee decision.
Each new lot would carry the same width-based side yards as the original parcel, measured against its own narrower width. The math that limits a remodel also limits a subdivision.
What to Pull During Escrow
In August 2026, detached homes in Orange County sold at a $1,460,000 median after 32 days on market, with 3.2 months of inventory, according to OC REALTORS' CRMLS snapshot. At that pace, buyers rarely have time to find out after closing whether a planned addition works. These items help settle the question while you can still act on the answer:
- The full zoning designation, including any number before or after "E4," which sets minimum width and area.
- The lot's average width, so you can calculate the 10% side yard and compare it to where the walls already sit.
- Existing site coverage, including garages and covered structures, measured against the 35% cap.
- Any prior variances or use permits on the parcel, since a home may already rely on an exception.
- The advisory calendar. The committee meets on the third Wednesday of each month at 7 p.m., and several 2026 meetings were cancelled.
For parcel-specific answers, the most reliable source is County planning staff at OC Development Services. This post is general information, not legal advice.
Frequently Asked Questions
Does the North Tustin Advisory Committee approve projects? No. Its bylaws give it a role in reviewing subdivision maps, site plans, use permits and variances, but its recommendations are advisory and nonbinding. The Zoning Administrator or the Subdivision Committee makes the final decision.
Why do county documents list North Tustin addresses as Santa Ana? Mailing addresses follow the post office. The Hewes Street and Fairhaven Extension files both list "Santa Ana, California 92705" while describing property governed by county zoning.
Is the county changing North Tustin's land-use rules? A January 2026 county memo said the draft Comprehensive General Plan update proposed no land-use designation changes and no changes to the recently adopted Housing Element. Hearing dates for the update had not been confirmed as of early October.
Before you price a North Tustin home's expansion potential as a buyer or a seller, have the setbacks and coverage measured. The O'Dell Group can help you read a parcel's zoning before you commit to a plan, and can show how that potential belongs in your list price. Start with a free home valuation.
