TUSTIN : City Orders Removal of 2nd-Story Units

The City Council on Monday ordered a builder to remove the upper story of four apartments in a complex under construction that has pitted developer against neighbors.

The order was intended as a compromise after the developer and his neighbors failed to reach agreement on the project.

In a 3-2 vote, the council ordered that the upper story be removed from the four rear apartments of the nearly completed 11-unit, 2 1/2-story complex on Pasadena Avenue.

“I feel these modifications will address the residents’ concerns,” Councilwoman Leslie Anne Pontious said.

But several residents said they now plan to consult attorneys to try to stop the project, and one resident yelled after the vote: “I’ll see you in court!”

And Councilman Jim Potts said the city probably would be sued by developer Feridoun Rezai no matter what they did.

Work on the project stopped several months ago when neighbors to the rear of it complained that it overshadowed their homes, robbed them of their privacy and lowered their property values.

The city revoked an existing building permit when staff members discovered that 17 property owners had not received notice about the project.

The fate of the project fell to the City Council after two meetings between Rezai and neighbors failed to produce a compromise.

On April 30, the Planning Commission denied a new permit for the project, but Rezai appealed the decision. Rezai’s attorney, Joel Ward, said his client is losing $1,000 a day while the project remains uncompleted.

Councilman Earl J. Prescott on Monday favored denial of a building permit for the complex, and he apologized to neighbors that the council hadn’t acted at its last meeting.

“Had we called for the vote last time, most likely the vote would have been 2 to 2 and the appeal would have been denied,” Prescott said. Councilman Charles E. Puckett, who was absent at the last council meeting, broke the tie Monday.