HomeMy WebLinkAboutPH 2 USE PERMIT 80-21-02-19-85TO:
HONORABLE MAYOR /OlD CITY COUNCIL
FROM:
SU BJ ECT:
DONALD D. [.N~, DIRECTOR OF COI~IUNITY DEVELOPHENT
CONTINUED CONSIDERATION OF REVOKING USE PEP. HIT 80-21
#INDSOR GARDENS APANTHENTS, 1651 RITCHELL AVENUE
BACKGROUND:
The Planning Commission on October 22, 1984 following a public hearing,
recommended the City Council revoke Use Permit 80-21 terminating conversion of
the Windsor Gardens Apartments at 1651 Mitchell Avenue into condominium
dwellings. The City Council at its meeting on. November 19, 1984 considered the
Planning Commission recommendation and upon further evidence submitted by the
property owner continued final consideration of revoking the Permit to the
Council's February 19, 1985 meeting. However, the Council instructed staff to
present periodic status reports.
DISCUSSION:
Ninety days have now passed since Council originally considered the Planning
Commission recommendation. During this ninety day period, the property owner,
Mr. Eugene Volucci, President of Cal State Associates, Inc. has continued
constructing improvements at the Windsor Gardens Apartments. As of this staff
report date, the majority of exterior improvements have been completed with the
exception of final landscape treatment and miscellaneous paving. However, the
major issue of structural modification to comply with applicable building codes
has not been resolved.
Mr. Volucci in his letter to the City dated October 30, 1984 indicated he would
complete exterior improvements but delay structural modifications and not
sell any individual units. Instead of converting the structures, Mr. Volucci
requests he be allowed to sell the apartment project with entitlement for
conversion, to another development company with the financial resources to
complete the project.
Assuming that Cal State Associates does not attempt to market and sell
individual apartments as condominiums there would not be any detrimental impact
upon the community. However, it would be quite difficult to ensure units are
not sold since the subdivision map for this project was recorded several years
ago. The two options appear to be:
Proceed with formerly revoking Use Permit 80-21 thereby terminating the
property owner's entitlement to convert this project to condominiums and
requiring any new property owner to obtain City CounCil approval for
conversion.
City Counctl Report
Windsor Gardens
page two
e
Permit Use Permit 80-2! to remain valid but record a covenant or other
public document against the property that would notify a title company and
future buyers that the sale of individual units would be in violation of
Tustin Municipal Code.
Presuming the City still encourages conversion of this complex to condominiums,
alternative two would assist Cal State Associates to the greatest degree in
selling the property. If the City Attorney's office concurs and Mr. Volucci
would permit recordation of a public notification document, revocation of Use
Permit 80~2! would no longer be absolutely necessary.
RECOI~IENDATXON:
Staff recommends 'the. Council receive final testimony and close the coninued
public hearing. Following closure of the hearing, Council should direct staff
and the City Attorney to prepare necessary documents for recordation against the
property's title with concurrence of the property owner. If the property owner
does not concur, a new public hearing should be advertised, conducted and Use
Permit 80-21 permanently revoked.
DONALD D. L~AMM, ~
Director of Community DeveloPment
DDL:do
attachment: Letter from Eugene Volucci
Corn munity Development Department
October 30, 1984
'CAL STATE
ASSOCIATES INC.
City of Tustin
300 Centennial Way
Tustin, CA 92680
Attn: Don Lamm
City Planning
RE:
Windsor Gardens
1651 Mitchell Ave.
Tustin, CA
Dear Nr. L2.mm:
As a follow-up to our telephone conversation of last week I would
like to request written approval from the City of Tustin to extend
our Conditional Use Permit for Windsor Gardens.
Our plans are as follows: We will complete the exterior of the
complex. Instead of converting the interiors to market as individual
units we would prefer to sell the pro~ect with a Final Public Report -
to a company which has ~reater financial backing as well as the
support staff to complete the interior conversion and market the
project as condominiums.
Upon inspection of the project you will note that the parking structure,
exterior painting, laundry rooms, as well as the lighted tennis court
which tenants are currently enjoying, have all been completed. You will
also notice that presently the sidewalks ar~ being replaced, new
landscaping installed and construction beginning on the swimming pool
area which will include pool, spa, restrooms with dressing areas.
All items on exterior not completed have been contracted and completion
is expected by mid December. We feel that by mid December, Windsor
Gardens w~ll be one of the City of Tustin's most attractive projects.
Your assistance in preserving the Conditional Use Permit is greatly
appreciated.
Thank you in advance for your cooperation and past assistance.
Sincerely.
CAL STATE ASSOCIATES, INC.
Eugene E. VSllucci
President
23639 HAWTHORNE BLVD., SUITE 102 · TORRANCE, CA 90505 · (213) 532-9100 · (213) 373-9751
Cai State Companies: CSA Financial · Cai State Properties
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