1883 Comstock Project Approved

Several events transpired during the last month with regard to the proposed 1883 Comstock condominium project.

The developer and his architect attended the August Tract 7260 board meeting and answered questions from the board and from numerous concerned residents.  Several issues were raised at the meeting, which was also attended by Lisa Trifeletti from the council office.

Residents discussed the inconsistency of the project with surrounding uses, safety issues relating to the driveway and apparent code violations.

Unfortunately, in a conversation with Nick Hendricks of City Planning, Tract 7260 has learned that the tract map for the project has been approved by the city and that notifications will be sent shortly. 

Mr. Hendricks was asked how the project could be approved with such clear violations of the planning/zoning code.

Unbelievably, the answer was that enforcement of the planning code is the responsibility of Building & Safety, not city planning.  Mr. Hendricks also stated that the planning/design problems would be caught during the plan check process.  When informed that the project had already cleared plan check, Mr. Hendricks suggested that the matter be addressed with Building & Safety.

Subsequent research yielded the following:

Government Code section 66473.5 requires a finding by a local agency of consistency with a general or specific plan. It states in part: "No local agency shall approve a tentative map, ... unless the legislative body shall find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan ... or any specific plan adopted.... A proposed subdivision shall be consistent with a general plan or a specific plan only if the local agency has officially adopted such a plan and the proposed subdivision or land use is compatible with the objectives, policies, general land uses and programs specified in such a plan."  

The Tract 7260 board will appeal the tract map decision and also seek a supplemental review of the plans by building and safety.  Updates will be posted on the www.tract7260.org website.

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