TUSTIN : Residents Sue City to Block Apartments

A group of Tustin residents sued the city Thursday in an effort to reverse a City Council decision on a controversial apartment complex.

The 16 residents of Myrtle and Corla avenues represented by Tustin attorney Stephen Johnson say the nearly completed, 2 1/2-story Pasadena Avenue apartment complex towers over their homes and destroys their privacy.

In an attempt at compromise, the City Council recently decided that the top story of the rear four units should be removed, but residents were not appeased.

“I’m right in back of the apartments, and even if they take the top story off the end, the first story would look into my back yard because it would actually be a 1 1/2-story apartment with the garages underneath,” Kathleen L. Arnold said.

While Johnson claims the council did not make the findings necessary for its conclusion, City Atty. James Rourke said officials considered everything and made a “reasonable decision.”

The dispute ignited last spring after neighbors complained about the project. Staff members revoked the existing permit after discovering that 17 property owners never received notice of a hearing last year when it was approved.

Although the Planning Commission unanimously voted to deny developer Feridoun Rezai a new permit, the City Council voted 3 to 2, with Earl Prescott and Jim Potts dissenting, to issue a new permit with several conditions.

Meanwhile, the city may face a lawsuit from the developer as well. Beverly Hills attorney Joel Ward said he is waiting to hear from the bank about the financial feasibility of removing the top story from four units before deciding on any legal action. But Ward said Rezai is losing about $1,000 a day.