TUSTIN : Apartments Permit Rescinded by Judge

A Superior Court judge on Thursday overturned a Tustin City Council decision to grant a building permit for a controversial apartment complex on Pasadena Avenue.

The council issued the permit for the 2 1/2-story, 11-unit complex last summer and--attempting a compromise between the developer and residents upset at the building’s height--ordered developer Feridoun Rezai to remove the top floor from the rear four units. The complex, which is still under construction, is expected to be completed by the end of the month.

The controversy surrounding the project began last spring after neighbors complained and city staff members discovered that 17 property owners were not notified about the project before a permit was issued. After the city revoked the permit and the Planning Commission denied a new one, the council voted 3 to 2 for the compromise plan.

But residents on Myrtle and Corla avenues, behind the apartments, were unhappy with the decision. They filed suit, complaining that the apartments towered over their homes, robbed them of their privacy and lowered their property values.

“All I want is that these apartments be in conformance with the other buildings on Pasadena Avenue,” resident Paul Zukowsky said. “That was our main objective.”

In overturning the council’s decision, Judge Francisco Fairmat ordered the city to consider the shade and shadows caused by the apartments and their effect on property values of nearby homes.

Tustin City Atty. James Rourke said the city will hold new hearings and will not allow the apartments to be occupied until the issue is resolved.

“The problem I have is that it’s going to hold up the certificate of occupancy, which is the final step before (Rezai) can rent out the apartments,” said Rezai’s attorney, Joel Ward. “And if he’s damaged, so be it. We have another lawsuit against the city.”

Rezai filed a suit earlier this month against the city and against the title company that handled the list of residents who were to receive public notices. He is asking for $1 million in punitive damages, along with compensation for lost income, reduced property value, additional construction and demolition costs, professional fees and other costs related to the council’s decision.

“The apartments will be completed before the end of the month,” Ward said. “In my opinion, it behooves the city to work quickly.”