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Foothills Sentry Page 2 June 2023 714 282 0828 | jadtec.com aco 4202 Protecting your home and business from burglary, fire and medical emergencies. jadtec.com $ 15 95 /mo as low as SECURITY JADTEC DON'T GET CAUGHT WITH YOUR HEAD IN THE SAND "Racquet Club" continued from page 1 and blanketed the courts. It’s all right as long as it isn’t disturbed, he said, but once you start remov- ing the asphalt, the asbestos will be released into the air. One commenter, a real estate investor, reported that he made five separate offers to buy the club from its new owner, but was refused. “It is viable as a tennis and pickleball facility,” he said. “The staff report claims it has only 150 members, but you don’t have to be a member to use it, and everybody does.” Four of the five planning com- missioners were unmoved by the residents. “We have a moral obligation to build housing,” Daniel Morgan said. “People are opposed to housing that doesn’t look like theirs.” “We’re not allowed to consider happiness,” David Bartlett ad- vised. “We can’t deny a project because the neighbors don’t like it. I have to vote on its merits.” “I’m also voting on the merits,” Claudia Perez concurred. “I’ve listened to all of you, read every- thing. I’m looking for a reason to say no and can’t find it.” Thought, word and deed Residents, however, offered a number of reasons. The primary hitch is a deed restriction that goes with the property. In 1974, when the Racquet Club was built, the owner and immediate neigh- bors (tract 3883) signed a cove- nant proclaiming that the proper- ty would forever be used as a rac- quet club or “conform to the uses permitted in tract 3883.” Tract 3883 consists of single-family homes on 20,000-sq.-ft. lots. The area is zoned for “small estates.” The covenant was recorded with the county and has been binding until now. County Counsel Nicole Walsh assured the commissioners that because the covenant was be- tween 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 ex- pansive lots, is not conforming. Enter state housing mandates An attorney for the developer made it clear to the commis- sioners that under California’s Housing Accountability Act and SB330, they could not deny the project. If a jurisdiction’s General Plan designation (suburban resi- dential) is inconsistent with an ar- ea’s actual zoning (small estate), the local government must ignore the zoning. The state legislation is intended to boost housing pro- duction overall, but a specified goal of the HousingAccountabili- ty Act is to “enhance the approval and supply of housing affordable to Californians of all income lev- els,” which includes “affordable housing.” Even the controversial “builder’s remedy” theory that some developers are summoning to skirt local land-use ordinances requires that 20% of a project’s units must be affordable for low income families. At $1 million to $1.5 million each, this project’s 37 units do not meet that criteria. A North Tustin attorney told the commission that he would be “happy to go toe-to-toe with the developer’s legal team. There are some very debatable legal issues here.” Commissioners Perez, Bartlett, Morgan and Trung Ha voted to approve the project. Third Dis- trict Commissioner Kevin Rice voted no. “The state is chang- ing things around us,” he said. “We’re looking at changes we don’t want. Now we must build houses. I’m going to oppose it, but I’m just one vote. That’s all I can do.” North Tustin residents plan to appeal the decision to the Board of Supervisors. Short's grandson Beau Hicks, 3, helped the maestro conduct. Former OHS drama teacher Paul Woods, left, worked with Short for over 30 years, putting on many musicals together. About 215 North Tustin residents overwhelmed the May 10 county Planning Commission meeting. Michael Short retires There were heartfelt speeches, tears, accolades, sweet memories and, of course, music as Michael Short, longtime Orange High School Choral Director retired af- ter 44 years. The SRO crowd of former stu- dents, many who traveled long distances to thank him, plus peers, parents, family and friends at his May 21 celebration paid homage to his leadership, encouragement and support, and indefatigable efforts on behalf of the students – the annual trips to perform in either Europe, the East Coast or West Coast provided an opportu- nity to many. The choir room was a safe harbor for many, and his positive influence long-lasting. Proclamations were presented, alumni performed, and former student Darrin Newhardt wrote a song commemorating Short’s an- nual reading of the Seuss classic “Oh the Places You’ll Go!” to his graduating seniors. Photos by Aaron Jacoby