HomeMy WebLinkAboutPH 1 USE PERMIT 81-21 11-19-84 PUBLIC HEARING
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HONORABLE MAYOR AND CITY COUNCIL
COI~4UNITY DEVELOPMENT DEPARTMENT
REVOCATION HEARTNG FOR USE PERIqIT 80-21: WINDSOR GAROENS APARTMENTS
BACKGROUND:
The Planning Commission on October 22, 1984, conducted a hearing to receive
public input concerning the possible revocation of Use Permit 80-21 which
permits Cal State Associates, Inc. to convert the Windsor Gardens Apartments at
1651 Mi:chel Avenue into condominiums. Attached tO this transmittal is a copy
of staff's report to the Planning Commission. The Planning Commission following
receipt of public concerns and failure of the property owner to appear and
testify, unanimously recommended the Council revoke said use permit. The city
zoning ordinance only permits the Council to revoke the use permit upon
recommendation of its Planning Commission.
DISCUSSION:
Following the Planning Commission hearing on October 22nd, staff contacted Mr.
Eugene Volucci, President of Cal State Associates to determine why he was not in
attendance at the Planning Commission meeting. Mr. Volucci felt it would not be
beneficial for him to attend since he considered revocation a foregone
conclusion. Mr. Volucci indicated he is aware of the problems and staff's
concern and is again attempting to continue improving his property pursuant to
the originally approved use permit.
Since units have been offered for sale which have not been converted in
conformance with city codes, staff is pleased to learn apartments will no longer
be offered for sale nor is Mr. Volucci going to market the project as
condominiums. Instead, Cal State's efforts will be placed towards final site
improvements which include concrete walkways, landscaping and amenities such as
the required swimming pool. Mr. Volucci in his letter of October 30th indicates
his company will be attempting to sell the apartment project to someone wit~
greater financial backing and support staff to complete the interior conversions
and market the project.
While staff recommended revocation of this project to the Planning Commission,
our recommendation was based upon inaction by the land owner and continual
problems which exist on the apartment grounds. Now that a serious effort is
being made toward constructing the necessary walkways and completing
property landscaping, staff feels some progress is being made in a positive
direction. Since Cal State Associates has indicated its willingness not %o sell
any apartments and continue with completing the project, it might be beneficial
to delay the revocation hearing for a period of 90 days to assess construction
City Council Report
November 19, 1984
page two
progress as promised by Mr. Volucci. If the remaining site improvements have
not be completed in 90 days, a formal revocation of the use permit would be one
of several steps the city should initiate against this property.
RECO~ENDATION:
That the City Council continue consideration of revoking Use Permit 80-21 to its
February 18, 1985 Council meeting.
DONALD D ,
Director of Community Development
DDL:do
attachments: Oct. 30th letter from Volucci
Planning Commission staff report and minutes
Community Development Department
October 30, 1984
CAL STATE
ASSOCIATES INC.
' Ov :5 '1984
City of Tustin
300 Centennial Way
Tustin, CA 92680
Attn: Don Lamm
City Planning
RE:
Windsor Gardens
1651 Mitchell Ave.
Tustin, CA
Dear Mr. Lamm:
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 project with a Final Public Report
to a company which has greater 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 are being replaced, new
landscaping installed and construction beginning on the swimming pool
area which will include pool, spa, restrooms with dressing areas.
Ail 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. V611ucci
President
23639 HAWTHORNE BLVD., SUITE 102 · TORRANCE, CA 90505 · (213) 532-9100 · (213) 373-9751
Cai State Companies: CSA Financial · Cai State Properties
Cai State Realty · Cai State Property Management
~lanning Commission Minute
October 22, 1984
page two
CO~INUED PUBLIC HEARINGS
6, ZONE CHANGE 84-6
Applicant:
Location:
Request:
Mark Fergusen
17432 & 17442'Mitchell Avenue.
Authorization to change the zone from multiple family, residential
(R-3, 2000) to Planned Community Senior Residential
Presentation: Mary Ann Chamberlain, Associate Planner
Chairman White opened the public hearing at 8:00 p.m. The following person-spoke' in
favor of Zone Change 84-6: Mark Ferguson, applicant~, questioned the ~ecessity for
two exits and requested the City donate water and seGage fees since it is a public
serv$ce project.
Seeing no one further wishing to speak, Chairman White closed the hearing at 8:14
p.m. Commission discussion ensued concerning the Uniform Building Code requirements
for two exits and they advised Mr. Ferguson to present his request to the City
Council for waiver of fees for water and sewage. Further discussion ensued
concerning staff's recommendation for a roof parapet, outside parking area and age'
restrictions for tenants.
Commissioner Well moved, Sharp second to recommend approval to the City Council by
the adoption of Resolution 2188 with the conditions contained in Exhibit "A". Motion
carried 5-0.
?. REVOCATION HEARING FOR USE PERMIT 80-21
Applicant: City of Tustin
Location: 1651 Mitchell Avenue/Windsor Gardens Apartments
Request: Consideration of revoking use permit thereby terminating the
conversion from apartments to condominiums.
Presentation: Donald D. Lamm, Director of Community Development
Chairman White opened the public hearing at 8:25 p.m. The following people spoke in
favor of revoking Use Permit 80-21: Mark Rafter, tenant, explained in detail the
the existing living conditions at the complex. Michael Daly, property owner on two
sides of complex, felt this project was a disgrace to the community due to the
numerous police reports, fire hazards, health hazards, trees and fences collapsing
onto his properties.
Seeing no one further wishing to speak, Chairman White closed the hearing at 8:50
p.m. Commission discussion ensued over the developer's desire to complete the
project and what incentive the City could provide.
Commissioner Sharp moved, McCarthy second to recommend to the City Council revocation
of Use Permit 80-21. Motion carried 5-0.
'--'ITEM NO. 7 '
Planning commission
DATE::
SUBJECT:
OCTOBER 22,1984
REYOCATION HEARIHG FOR USE PERMIT 80-21
'WINDSOR G~RDENS APARTMENTS
1651 MITCHELL AVENUE
BACKGROUND:
In November 1980, the City approved Use Pemit 80-21 and Tentative Tract 11336
authorizing conversion of the 70 unit Windsor Gardens Apartment project into
condominiums. Two building permits were issued in 1981, one for the garage
parking structure and site improvements, while the second building permit was
for interior modifications to the individual apartment units. ' Since 1981,
construction has intermittently occurred,:'yet to date has not been completed in
conformance with the approved use permit.
OISCUSSIO#:
The Tustin Municipal Code provides in .Section 9293(c) that any use permit
granted in accordance with the terms of the zoning ordinance may be revoked by
the City Council upon recommendation of the Planning Commission if any of the
terms of the use permit are violated, or if the following findings are made by
the Planning Commission and City Council:
1. The continuance of the use would be detrimental to the health, safety,
morals, comfort and general welfare of the persons residing or working in
the neighborhood of such use; or
2. Would be injurious or detrimental to property and improvements in a
neighborhood; or
3. Would be injurious or detrimental to the general welfare of the City.
It is the opinion of City staff and the City Attorney that conditions of Use
Permit 80-21 'have been violated since there has been a continued failure to
fulfill the conditions established to convert the property to condominiums.
On many occasions during the past several years, staff has met and worked with
the propert yowner, Mt. Eugene ¥ollucci from Cal State Development, Inc., in an
attempt to facilitate the swift conversion of this project. Staff has offered
every available extension of time and technical assistance to no avail. For
whatever reason, whether financial or otherwise, the project has not been
completed in accordance with approved plans, yet Cal State Development recently
offered apartments for sale as condominiums. While the City encourages this
project to be converted in a swift manner, it appears that tMs will not occur.
Therefore, action must be taken by the City to terminate the process and
Community Devetopmenl Department
Planning Commission Report
Windsor Gardens Apartments
page two
ensure the property is properly maintained as a habitable apartment project.
However, if Mr. Vollucci or his authorized representative wishes to provide some
assurance to the Planning Commission that the project will be completed in a
timely manner the Commission msy desire to establish specific dates of
completion for both conversion of individual apartment units and construction of
remaining property improvements such as landscaping, swimming pool and other
promised amenities.
Staff will be prepared at the Planning Commission hearing to make a visual
presentation of the property's condition and address Commission concerns.
Attached to this transmittal are copies of recent communications concerning this
project outlining the City's patience inr esolving this matter.
R£COI~IEHDATION:
That the Planning Commission received staff's report, open the public bering and
accept testimony from the property owner and any interested individual
responding to the public notification. The Commission may then impost any
additional conditins into the subject use permit or recommend to the City
Council that said use permit be revoked.
Director of Community Development
DDL:do
attachments:
Community Development DeparTment
October 11, 1984
Mr. £ugene Vollucci
Cal State Associates, Inc.
23639 Hawthorne Blvd., Suite 102
Torrance, Ca. 90506
Re: Cal State Associates, Inc./Conditional
Use Permit No. 80-21, 1651 Mitchell
Avenue, Tustin, California (Windsor
Garden Apartments)
Dear Mr. Vollucci:
PLEASE TAKE NOTICE that a public hearing shall be held
before the Tustin Planning Commission to consider revocation of
Use permit No. 80-21 on October 22, 1984, at 7:30 p.m., at Tustin
City Hall, 300 Centennial Way, Tustin, California, 92680.
Use Permit No. 80-21 was approved by the Planning Agency of
the City of Tustin granting authority to convert the Windsor
Garden Apartments to seventy (70) residence condominiums, subject
to various conditions.
Revocation proceedings have been initiated by the Tustin
Planning Commission, pursuant to Tustin Municipal Code Section
9293(c), as a result of Cal State Associates, Inc.'s violation of
the conditions of Use Permit No. 80-21, in that there has been a
continued failure to fulfill the conditions established to
convert the Windsor Garden Apartments to condominiums, as
follows:
A. Individual unit conversions have not been completed.
B. The conversion process has continued without payment of
the new development tax, required pursuant to Section 2603 of the
Tustin Municipal Code.
C. A schedule of construction for the conversion of units
to insure the health, safety and welfare of the residents of the
property has not been submitted for review and approval by the
Community Development Director.
City Canter
Centennial at Main
Turin, California 92680
{714) 544-8890
Mr. Eugene Vollucci
Page 2
.October 11, 1984
D. Unit conversion permits have lapsed as a result of the
failure of work to progress in a timely fashion on the individual
units ·
A true and correct copy of Resolution No. 1930 setting forth
the conditions of Use Permit No. 80-21 is attached hereto.
E. The four-year period of conversion is detrimental to the
general welfare of the surrounding neighborhood, and to the
residents of the project.
During the revocation hearing,, you will have the opportunity
to present arguments and other evidence in support of your view
pertaining to the violations of the conditions of Use Permit 80-
-21. If Cal State Associates, Inc., desires the Planning
commission to consider any written material of any nature
whatsoever at the time of the revocation hearing, it should be on
file at the Department of Community Development for the City of
Tustin no later than 12:00 p.m., Friday, October 19, 1984.
The hearing, as conducted by the Committee, will not be
governed by strict rules of judicial evidence, either as
prescribed by Federal or State law.
The Planning Commission will reserve the right to examine
any witness or any person presenting evidence for their
consideration.
upon receipt of all verbal and written testimony, the
Planning Commission will make a determination, either at that
time or after the matter is taken under submission, as determined
by the Planning Commission. within five (5) days after the
Planning Commission hearing, the Planning Commission shall
transmit a report of its findings and its recommendations on
revocation to the City Council. The City Council will
subsequently consider revocation of the Permit at a noticed
public hearing. The decision of the City Council shall be final.
If you Should have any questions with regard to this matter,
please do not hesitate to contact this office.
Very truly yours,
CITY OF TUSTIN
Deputy City Attorney
JGR:SA:pj:D:10/09/84(12)
cc: WH DL
James L. Kellner, Esq.
Law OffiCeS
of
JAMES L. KELLNER
1875 WEST REDONOO BEACH BOULEVARD
GARDENA, CALIFORNIA 90247
Sout~ E~ay (213) 327-906a · Los Angelea (213) 770-3554
October 3, 1984
Alan Warren, Senior Planner
City of Tustin
300 Centennial Way
Tustin, California 92680
My Client: Cal State Associates Inc.
Subject: Use Permit No. 80-21, 1651 Mitchell
Dear Mr. Warren:
My client has brought this matter to my attention and my independent investigation
indicates that while the new development tax may have not been paid, it was never
requested and it was certainly never requested or billed by the prior administration.
The demand for a schedule of construction for the conversion of units is untimely in
view of the fact that the conversion has been completed.
Indeed, the conversion of these individual units has been performed in a timely
fashion by my client and the entire project has been completed.
My client wishes me to advise you that they have invested in excess of $2 million
into this project and your recommendation that the permit be terminated will be
grossly damaging to my client. In the event that the permit is terminated, my client
has asked me to remind you that they will hold the City of Tustin and other
defendants liable for such actions.
pros~ctive
Ver~, ~rjl~Ly yours,
JA NER
JLK~k
CC: Eugene Vollucci, President
Cai State Associates
Depu, t,aent of Community Development
September 24, 1984
Mr. Eugene E. Vollucci
Cal State Associates, Inc.
23639 Hawthorne Blvd., Suite
Torrance, CA 90506
SUBJECT: USE PERMIT NO. 80-21, 1651 MITCHELL
Dear Mr. Yollucci:
It has come to our attention that on site advertisement for the sale of
condominiums at subject site is being conducted. This is of concern to the City
staff due to the fact that individual unit conversions have not been completed.
Specifically, the conversion building permit is no longer valid and new permits
must be applied for in order to perform the required work.
In addition, your firm has not paid the new development tax nor furnished the
City with a construction program to ensure the safety of existing apartment
residents as requested during our meeting with you on May 2, 1984
As a result, the Community Development Department will request that the Tustin
Planning Commission consider the revocation of the use permit which authorized
the conversion of the Windsor Garden Apartments. The request will be based upon
the following findings:
1. That the conversion process has continued without payment of the new
development tax, a violation of Ordinance No. 772; and
2. That a schedule of construction for the conversion of units to ensure the
health, safety and welfare of the residents has not been submitted for
review and approved by the City; and
3. That the unit conversion permit has been allowed to lapse by the failure
of work to progress in a timely fashion on the individual units; and
300 Centennial Way · Tustin, California 92680 · (714) 544-8890
-)
Eugene Vollucci
September 24, 1984
page two
4. That a four year period of conversion is detrimental to the general
welfare of the surrounding neighborhood and to the residents of the
project.
A report will be presented on this item at the Planning Commission's October 8,
1984 meeting.
Sincerely,
Senior Planner
AW:do
cc: Community Development Director
City Attorney
RourL¢ & Woodruff
September 12, 1984
Mr. Eugene E. Vollucci
Cal State Associates, Inc.
23639 ~awthorne Blvd., Suite 102
Torrence, Ca. 90505
Re: Windsor Garden Apartments Condominium
Conversion--1651 Mitchell Avenue
Tustin, california
Dea: Mr. Vollucci:
It has been brought to the attention of this office that
reservations for the sale of condominium units located at 1651
Mitchell Avenue, Tustin, california are presently being accepted.
Further, we have been advised that on-site advertisement of
condominium sales is presently being conducted at the subject
address. The City of Tustin's Department of Community
Development has informed this office, however, that the
conversion process at the subject location has not been
completed.
You are hereby directed to cease and desist immediately from
accepting any reservations for sale of the units located at the
subject address and from advertising the sale of any units.
Please be advised that if this office is not notified within
three (3) days that all sales and advertising activity has
ceased, that the City of Tustin shall seek injunctive relief in
the Orange County Superior Court ordering the cessation of sales
activity.
If you should have any questions with regard to this matter,
please do not hesitate to contact this office.
Very truly yours,
ROURKE & WOODRUFF
Suzanne Atkins
Deputy City Attorney
JGR:SA:pj :D: 09/11/84 (14)
January 11, 1984
Department of Community Development
Mr. Eugene Yollucci
President
C&l-State Associates, Inc.
23639 Hawthorne Boulevard, Suite 102
Torrance, California 90505
Subject: Windsor Gardens Condominium Conversion - 1651 Mitchell Avenue
Dear Mr. Vollucci:
I was pleased to hear that construction on the Windsor Gardens project has
commenced and is progressing on a steady basil. You are strongly
encouraged to Continue work on the garage area and parking structure.
However, please be.reminded that the building permits for the conversion of
the residential units have expired and must be re-activated prior to any
work being done on the units. In order to re-activate the permits, a fee
in the amount of $1,235.25 must be paid, as must the New Development Tax in
the amount of $31,500.00
Hopefully, this project will be carried through to completion at the
earliest possible date. I expect that a representative of Cai-State will
meet wi th my staff and re-activate the expired conversion permits wi thin
the next 60 days.
Director of Community Development
DDL:JSD:jh
JO0 Centennial May · Tu~tin, California 92680 * (714) 544-8890
De?artment of Community Development
November 15, 1983
Mr. Eugene E. Vollucci
President
Cai-State Associates, Inc.
23639 Hawthorne Boulevard
Torrance, California 90505
Subject: Construction Status of Windsor Gardens Apartments
Dear Mr. Vollucci:
The Building Department has been contacted by several people,
including Mr. Fred King, who indicate they are authorized by you to
proceed with conversion construction of the Windsor Gardens
Apartments. While we received a letter from you dated November 2,
1983, conflicting contractor names are still evident. Please submit
a written list of contractors and people authorized to represent you
on this project. Without your approval, we will not permit further
construction activity.
S~erely,//'- .
Donald D. Lamm
Director of Community Development
DDL:jh
cc: Steve Price, Cai-State Associates, Inc.
City of Tustin Building Department
300 Centennial Way · Tustin, California 92680 · (714) 544-8890
Augus~ 2S, 198~
Department of Community DeveloFrnent
M-x'. Eugene E. Vollucci
President -
CAL STATE ASSOCIATES, INC.
25659 Hawthorne Blvd.,
Torrance, CA 92S05
SUBJECT: NOTICE OF INSPECTION RESULTS - WINDSOR GARDENS Ai~ARTMENTS_~_TUSTIN
Dear Mr. Vollucci:
The City of Tustin Community Development Department recently inspected your
property, the Windsor Gardens Apartments at 161S1 Mitchell Avenue, Tustin,
California, to determine compliance with Cit~' Health, Fire and Building Code
Regulations. This inspection was prompted at the request of your tenants.
The City cannot condone continual delays in ~he construction process which
present hazardous conditions for your tenants and eliminate on-site vehiclp
parking. Furthermore, your building permit for conversion of the residential
units to condominiums has expired and no effort has been made to renew the
permit or complete construction.
The Tustin City Council requests that you immediately proceed as follows:
1. Correct all code violations as detailed in the attached notices from the
Orange County Fire Marshal and City Building Inspector.
2. Provide in all occupied units both hot and cold running water as well as
space heating in accordance with City Building Regulations.
5. Renew your expired building permit.
4. Proceed with conversion construction in conformance with your use permit.
The Counhil has fu=ther directed that I review the status of your compliance
with their requests thirty days from receipt of this letter. If construction
has not diligently commenced towards completion of the project and all repairs
noted by each inspector have not been complied with as indicated, I will proceed
with scheduling a public hearing before the Planning Commission for consideration
of revoking your Use Permit ~80-21.
300 Centennial Way ' Tustin, California 92680 ' (714) 544-8890
Eugene Vollucci
CAL STATE ASSOCIATES
AugUst 25,.1985
page two
The City Council will only consider your request for modification of the re-
location plan and adjustment of stabilized pre-conversion rents if you intend
to comply with the aforementioned requests.
Concerning renewal of your building permit, City records i~dicate t-hat youdid
not pay the construction conversion tax according to MuniCipal Code Section 2605 b 1
for either the Californian or Windsor Gardens Apartments. Payment of said tax is
required by Ordinance prior to issuance of any building permits for Conversion-
Therefore, the following tax payment is now due prior to re-issuance of the
Windsor Gardens building permit.' _TD units @ $450.00 = 3~~'~'-°~ (Windsor
Gardens only)
Should you have any questions concerning this subject, please do not hesitate to
contact me.
Sincerely, _
DONALD D. LAMM,
Director of Community Development
DD L: dmt
attachments:
CC:
Building Inspector Report w/ map
Fire Inspector Report
Steve Price, Cal State Associates
Bill Huston, City Manager
James Rourke, City Attorney
Jeff Davis, Assistant planner
CERTIFIED MAIL