Vazrik Bonyadi plans to submit another application with changes for his 2.2-acre property in the 2100 block of Rimcrest Drive and again seek approval, said his attorney Fred Gaines.
“We are going to see where it goes from there.”
Bonyadi had planned to build two additional homes on his property for his two daughters, essentially converting it into three lots.
He submitted his plans to the city’s Planning Commission, which approved a parcel map for the project in June 2012 with 26 conditions.
Still, commissioners ruled the parcel map was “physically suitable” for the proposed project, according to the commission’s decision letter.
The commission also determined the proposed homes were compatible in size and scale with existing development in the area.
But that plan was quashed after a nearby property owner appealed the commission’s decision to the City Council, according to court documents.
Following a public hearing in October 2012, the City Council voted 3 to 2 to reverse the commission’s decision.
The Council found the parcel map wasn’t consistent with the city’s general plan, design guidelines and a hillside development review policy. They also determined the project did not fit in with the neighborhood.
Bonyadi alleged the city’s action was based on wanting to keep his property as open space, further charging he was deprived of his property rights, according to his lawsuit.
He claimed he was “intentionally treated differently from other similarly situated property owners because of personal and political retaliation against him and personal bias on the part of individual members of the City Council.”
City Atty. Michael Garcia said no evidence was presented during the course of litigation to support Bonyadi’s allegations.
The latest action, he said, means Bonyadi can submit his new application to the commission or council, and if it’s approved, the litigation would cease.
Still, Garcia added City Council or the commission can still impose conditions on the property.
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