Resident continues talks in lawsuit against San Mateo 

A resident is moving forward with her lawsuit against the city over an apartment project she says will severely restrict the amount of sunlight she and neighbors receive in their homes.

Jennifer Diamond met with officials in the San Mateo City Attorney’s Office on Monday in a court-mandated settlement meeting, but no agreement was reached. Diamond filed suit against San Mateo in June after the City Council in May approved the Delaware Place project, a four-story, 111-unit apartment complex planned on Delaware Street near Saratoga Drive, adjacent to the Caltrain corridor.

The city made no settlement offers Monday, Diamond said. "At this point there’s nothing on the table. We are moving forward with the lawsuit."

City attorneys will need to confer to determine their course of action, according to Deputy City Attorney Mike Ogaz.

"We’ll see whether we want to go back to the City Council or whether we could take some other action," Ogaz said.

No court dates have yet been set, Diamond said.

Diamond livesin Ironwood homes, a mix of two- and three-story townhomes adjacent to the Delaware Place site.

"If this is built, we will not see sunlight six months of the year," she said. "This will greatly affect our quality of life."

The San Mateo Planning Commission voted 3-1 April 11 to approve a version of the project, scaled down to 104 units.

When Diamond appealed the decision to the City Council in May, the agency rejected her appeal and approved the original 111-unit design in a 3-1 vote. Councilmember Brandt Grotte voted against that decision.

Building the project as originally proposed would send a message that San Mateo is serious about creating high-quality, diverse housing in the transit corridor, Councilwoman Carole Groom said during the May 15 meeting. She feared that scaling back the project would cause some of the lower-income units to be eliminated.

bwinegarner@examiner.com

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Beth Winegarner

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Thursday, Oct 30, 2014

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