County Counsel Nicole Walsh assured the commissioners that because the covenant was between two private parties, the county does not have to recognize it. She also noted that, despite the small estate zoning, the county General Plan designates the property “suburban residential,” which allows up to 18 units per acre. Therefore, the development, at six units per acre, conforms to permitted uses.
“Conform” is, according to club neighbors, the operative word. Six lots per acre is not two lots per acre. Even the county staff report notes that the development site is bordered by 20,000-sq.-ft. small estates on the north and west, and 10,000-sq.-ft. lots east and south (City of Tustin). Residents argue that force-fitting 37 residences into five acres surrounded by expansive lots, is not conforming.