From:
To: Penollar, Krisha
Subject: 294-296 Tyrella Avenue
Date: Wednesday, March 12, 2025 3:38:58 PM
CAUTION: EXTERNAL EMAIL - Ensure you trust this email before clicking on any links or attachments.
Hello,
My comments are as follows.
I am totally against this project.
1. It will create congestion (more traffic)
2. Parking will be an issue because as commonly know each unit could have up to 2 vehicles. Approximately 170 vehicles half could end up parking on the streets.
3. Seven story building will take away sun from our garden area.
4. Esthetically it will not fit into our neighborhood. The tallest complex is 3 stories.
The 7 story building would ruin our neighborhood.
Do Not Approve this project.
Respectfully,
Christina
Attachment 4
From:
To: City Council
Subject: 294-296 Tyrella Avenue Builder"s Remedy
Date: Saturday, March 29, 2025 8:08:18 AM
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Dear Council,
May I simply add my two cents as a neighborhood resident for the past 22 years? I think that the size of this project does not fit nor does it belong at this particular location.
Thank you for allowing me to chime in. Thank you for all your efforts on our city's behalf.
Charlotte M Palmer
(Senior) Resident
From:
To: City Council
Cc: Penollar, Krisha
Subject: Geotechnical Oversight – 294-296 Tyrella Project Date: Monday, March 31, 2025 8:00:52 AM
Attachments: Screenshot 2025-03-30 at 1.34.52 PM.png
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Dear City Council Members (& Krisha Penollar),
In addition to my prior comments, I’m writing to express concern regarding seismic safety compliance related to the proposed seven story development at 294–296 Tyrella Avenue. The GEOTECHNICAL REPORT section of the Draft Findings Report confirms the requirement for a geotechnical investigation, yet states: “The report will be submitted to the City during the building plan check…” (Draft Findings Report, p. 8) This implies that the required geotechnical report will be submitted after project approval, rather than prior to approval, as clearly required by California law.
Under California Public Resources Code §2697(a), part of the Seismic Hazards Mapping Act explicitly states: “Cities and counties shall require, prior to the approval of a project located in a seismic hazard zone, a geotechnical report defining and delineating any seismic hazard…” “Each city and county shall submit one copy of each approved geotechnical report, including the mitigation measures, if any, that are to be taken, to the State Geologist within 30 days of its approval of the report.” The development site is located in a liquefaction hazard zone, as identified in the California Geological Survey’s official mapping tool EQ Zapp, which confirms the project’s inclusion in a mapped seismic hazard area (screenshot attached).
This concern is especially pressing given the unusual height of the proposed building —a seven-story structure in a predominantly low-rise residential neighborhood. The scale and height introduce additional structural risk in a known liquefaction zone, where ground instability during an earthquake could be particularly hazardous for taller buildings.
The clear intent of the law is to protect public safety by requiring that seismic risks be thoroughly understood and mitigated prior to development approval—not as a post- approval process. Failure to require the geotechnical report prior to project approval not only raises serious safety concerns, but may also expose the City to avoidable legal and procedural risk, particularly in light of clear statutory requirements. I respectfully urge the City to carefully consider these obligations and ensure full
compliance with California Public Resources Code §2697(a) before advancing the project.
Thank you for your attention to this matter.
Sincerely,
Tim Palmer
From:
To: City Council
Subject: I support the 7-story development on Tyrella and Middlefield Date: Saturday, March 29, 2025 10:45:55 AM
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Dear City Council,
I strongly support the 7-story development planned for Tyrella and Middlefield and more higher-density housing in general. I live in the neighborhood and belong to a generation that is facing extremely expensive housing costs, driven largely by NIMBYism. I believe that the only way to ameliorate the situation for my daughter’s generation is for vastly more housing to be built. I want my neighborhood to do our part to build our way out of this housing crisis.
Sincerely,
Alisa Moskaleva.
From:
To: Penollar, Krisha
Subject: Support condos at 294-296 Tyrella Ave
Date: Tuesday, April 1, 2025 11:49:59 AM
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Senior Planner Krisha Penollar,
Dear Mayor Kamei and Councilmembers:
As a Mountain View resident who had to live here nearly a decade to be able to afford to buy a home for our family, I am writing to support the Builders' Remedy project at 294 & 296 Tyrella Ave. It provides 80 units of much-needed ownership housing, with 20% of the units set aside for low-income residents.
The project is located close to major job centers, many of which are easily reachable by bicycle along the Stevens Creek Trail. It's also an easy walking distance from the East Whisman Precise Plan's future Village Center and close to downtown. The project’s design encourages bicycle over car use by providing generous bike parking, including electric bike charging. It also unbundles car parking from rent, which incentivizes one- or no-car households. An on-site corner grocery store and cafe align with the popular vision for neighborhood-serving retail in R3 zones.
We need more innovative projects like this to encourage neighborhood connectivity. We need more housing supply as the cost of housing has become untenable. Lastly, we need the low- income housing for our neediest residents.
Please support this housing project.
Thank you,
Caroline Charrow
From:
To: City Council
Cc: Scott Atkinson
Subject: April 8 Agenda: Opposition to gigantic 7 story, 85 unit apartment building proposed for the corner of Middlefield Road and Tyrella Ave.
Date: Monday, March 17, 2025 4:45:54 PM
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City Council ,
April 8 Agenda: Opposition to gigantic 7 story, 85 unit apartment building proposed for the corner of Middlefield Road and Tyrella Ave.
As I will not be able to attend, let me lodge my Opposition to the gigantic 7 story, 85 unit apartment building proposed for the corner of Middlefield Road and Tyrella Ave.
We live within a block or so of this proposed project--as property owners, voters and taxpayers.
The proposal (even with conditions proposed by zoning review) is in NO way close to aligning with or reasonably preserving the character of our neighborhood (even allowing for growth and changes in the types of structures).
Along with the 19 immediate neighbors that I am connected with, all of us oppose the scope & scale of this project.
Any official who supports, even a modified version, of this will be accountable.
Thank you for your service to the actual residents & community—from whom you have been entrusted.
Thank you,
Scott & Kim Atkinson
Scott C. Atkinson
From: Jessica Gandh
Sent: Saturday, March 29, 2025 6:49 PM
To: City Council <[email protected]>; [email protected] <[email protected]>; , City Clerk <[email protected]> Cc: Soosh Gandhi
Subject: Comment on Builders Remedy Project on Tyrella Ave & Middlefield Road CAUTION: EXTERNAL EMAIL - Ensure you trust this email before clicking on any links or attachments.
Dear City Council Members,
I am writing as a concerned neighbor regarding the proposed Builders Remedy project at Tyrella Ave and Middlefield Road. The size and scope of this building does not fit in the location designated not only because it is surrounded by 1 and 2 story dwellings but also because Tyrella Ave itself is a small and crowded road already. Adding a seven story residential building to this neighborhood is going to add traffic congestion, school overload (Vargas elementary was not built to allow many more students than it already has) and ongoing upset to the current residents that will be dominated by something out of character to this smaller city neighborhood.
Why can’t Mountain View join the charge with Palo Alto to push back on these builders remedy projects that threaten to kill the ambiance and good neighborliness that Mountain View tries to build? See article below
https://www.mv-voice.com/housing/2025/03/24/palo-alto-may-lead-effort-to-restrict-builders- remedy/
I urge the city council to do everything in your power to push back against the 7 stories, try to negotiate a more neighbor friendly building or find a better location in the city for this project that
makes more sense. Please don’t let monstrosities like this go up in our city to the detriment of those current residents who will be over shadowed by its presence. And if not at all possible to move it, please work with the neighbors and builders to create a harmonious design that allows for landscaping, setbacks, ease of traffic flow (entrance to parking on Middlefield, not Tyrella) and neighbor-friendly building requirements for noise, cleanliness, disruption.
Thank you for your time and understanding.
Jessica Gandhi
Neighbor at
Sent from my iPhone
From:
To: City Council
Cc: Scott Atkinson
Subject: Fwd: April 8 Agenda: Opposition to gigantic 7 story, 85 unit apartment building proposed for the corner of Middlefield Road and Tyrella Ave.
Date: Monday, March 17, 2025 5:18:02 PM
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Dear City Council,
I join Scott Atkinson in opposing the scope and scale of the proposed 7-story, 85-unit apartment building at the corner of Middlefield Road and Tyrella Ave. This project drastically conflicts with the character of our neighborhood.
Sudhir Kada
Begin forwarded message:
From: Scott Atkinson
Date: March 17, 2025 at 4:45:46
PM PDT
Subject: April 8 Agenda: Opposition to gigantic 7 story, 85 unit apartment building proposed for the corner of Middlefield Road and Tyrella Ave.
City Council ,
April 8 Agenda: Opposition to gigantic 7 story, 85 unit apartment building proposed for the corner of Middlefield Road and Tyrella Ave.
As I will not be able to attend, let me lodge my Opposition to the gigantic 7 story, 85 unit apartment building proposed for the corner of Middlefield Road and Tyrella Ave.
We live within a block or so of this proposed project--as property owners, voters and taxpayers.
The proposal (even with conditions proposed by zoning review) is in NO way close to aligning with or reasonably preserving the character of our neighborhood (even allowing for growth and changes in the types of structures).
Along with the 19 immediate neighbors that I am connected with, all of us oppose the scope & scale of this project.
Any official who supports, even a modified version, of this will be accountable.
Thank you for your service to the actual residents & community—from whom you have been entrusted.
Thank you,
Scott & Kim Atkinson
Scott C. Atkinson
From: , Planning Division
To: Penollar, Krisha
Subject: FW: 294-296 Tyrella Ave Housing Development Project Date: Thursday, March 13, 2025 8:28:30 AM
Nancy Woo-Garcia
Office Assistant /CDD-Planning
Main 650-903-6306
From:
Hui Wang
Sent: Wednesday, March 12, 2025 8:12 PM
To: , Planning Division <[email protected]> Subject: 294-296 Tyrella Ave Housing Development Project
CAUTION:
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Dear Mountain View zoning Administrator and City Staff, I am writing to raise my concerns towards the 294-296 Tyrella Ave Housing Development. We live 2 minutes’ walk from the site starting in 2022. And I agree with other neighbors that a 7 story structure with 3 stories of parking will be a disaster for the neighborhood. On the other hand, I totally welcome 2-3 story development with a controlled affordable housing ratio to minimum. Here are the reasons:
Almost all the buildings in the community are fewer than 2 stories, forming a cozy, welcoming and equity environment for the people living here. The 7-story mega building will overwhelmingly destroy everything we treasured here. Walking along the street, there will be no greetings from neighbors, no children and pets playing around, no flowers and lawns, but just noise and smog from the 3-story garage, let alone the sunshine we will lose, and the increased traffic posing danger to the schools just one block away.
Imagining what the image of the city and of our community will be like if this proposal is approved. Willing to sacrifice anything for money?
I believe living justice is important and always welcomes a more diverse community, thus a 20% ratio of affordable housing is good for me. I also believe it’s important to balance the need for affordable housing with maintaining the quality of life for existing residents, thus I strongly oppose the idea of further increasing that ratio. We spent all our savings to purchase a 1.6-million-dollar condo, and live paycheck by paycheck each month. Paying $1,3000 property tax every year, if we are going to have a worse living environment eventually, we have to say that as residents in the community, our voice is not heard, and our interest is not respected by the city.
The city of Mountain View is considered a great place for young professionals to chase their dreams, having such off-scale buildings with huge parking against street in a once quiet community is sending a wrong signal that the city is no longer protecting the community's working professionals and taking residents as the first priority, making Mountain View much less desirable for people to move in.
Heritage tree removal is understandable given they will significantly reduce constructable site area for the developer. In return the developer should replant trees and provide visual buffer/ landscape and lighting to ensure city scape and street safety.
In conclusion, I would really welcome a 2-3 story development on the site with trees and new landscape, to make our community a better place.
Thank you so much for listening to our request and we really appreciate your consideration!
Kind regards,
Hui
From: , Planning Division
To: Penollar, Krisha
Subject: FW: Builder"s Remedy Project at 294-296 Tyrella Date: Wednesday, March 12, 2025 4:05:59 PM
Importance: High
Nancy Woo-Garcia
Office Assistant /CDD-Planning
Main 650-903-6306
From:
GARY ROSEN
Sent: Wednesday, March 12, 2025 3:47 PM
To: Administrative Zoning Hearing <[email protected]> Subject: Builder's Remedy Project at 294-296 Tyrella
CAUTION:
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To the Mountain View Zoning Administrator and Subdivision Committee:
I am Gary Rosen, a longtime resident of Mountain View who has lived on Murlagan Avenue off Whisman Rd. for nearly 30 years.
I am writing to oppose the proposed Builder's Remedy development at 294-296 Tyrella Ave.
This project is completely out of scale and character for the neighborhood and will cause siginificant strain on parking and traffic which I do not think have been explored in depth.
It is not really that close to the
light rail which is supposed to alleviate traffic concerns.
The people there will have cars and I do not
believe the parking and traffic issues have been fully addressed.
Above all it is a massive structure
towering over small homes in a residential area of mainly one and two-story buildings with no intention of trying to blend in with the neighborhood.
There is unquestionably a need for more housing in Mountain View and the area in general. However I would point out that in contrast to the accusations by some of "NIMBY" the residents of the area worked with the City to support and approve a nearby project in East Whisman that will provide *thousands* of new dwellings for Mountain View.
Futhermore there has been a steady stream of "infill" projects in the Whisman/Tyrella area which have increased the housing supply without changing the character of the neighborhood.
The Tyrella project will have only a small impact on the overall housing supply while having a huge negative impact on the surrounding neighborhood.
I believe Mountain View can provide housing while
maintaining the ambience of the existing residential neighborhoods.
In fact the City is already doing this
and does not need this project.
It should be rejected.
Thank you for giving consideration to my views on
this.
Sincerely,
Gary Rosen
Mountain View, CA 94043
From: , Planning Division
To: Penollar, Krisha
Subject: FW: Concern for 294-296 Tyrella project!
Date: Thursday, March 13, 2025 8:28:14 AM
Nancy Woo-Garcia
Office Assistant /CDD-Planning
Main 650-903-6306
From:
Saruul Barrios
Sent: Wednesday, March 12, 2025 8:53 PM
To: , Planning Division <[email protected]> Subject: Concern for 294-296 Tyrella project!
CAUTION:
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Dear city planners,
This is our concern regarding the 294-296 Tyrella Ave Housing Development, 2 min walk from us on and our way to the nearest school.
This is a too small site to build 7 story apartment with 85 Units, 3 stories of parking.
As a resident of this neighborhood it’s raising concern the development will have negative impact on living quality, safety and housing price for our community. We are writing to express our concern and against this proposal!
Sincerely,
Resident of
Saruul Barrios
From: , Planning Division
To: Penollar, Krisha
Subject: FW: Tyrella Ave Proposed Project
Date: Wednesday, March 12, 2025 12:24:26 PM
Importance: High
ZA comments
Nancy Woo-Garcia
Office Assistant /CDD-Planning
Main 650-903-6306
From:
Clarice Arne
Sent: Wednesday, March 12, 2025 12:21 PM
To: Administrative Zoning Hearing <[email protected]> Subject: Tyrella Ave Proposed Project
CAUTION:
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Good Afternoon,
I am writing to you today to ask that you keep the zoning in the Tyrella/Middlefield and surrounding areas to 2-3 story level multi-family buildings.
I am against the proposed 7
story high rise in my neighborhood. My condo at 50 East Middlefield Road is in a 2 story complex.
A 7-story building does not fit into our neighborhood at all.
I believe a 2-3 story
building would be much more appropriate.
Please stand strong for the residents and owners of Mountain View and do not let this developer put 85 units on a .48 acre parcel.
It is obvious that he is only interested in
making a large profit from this development and does not really care about the feel of this lovely, wooded, peaceful yet still somewhat densely populated area.
There are a lot
of condos and apartments along this corridor and a 2 or 3 story structure would fit in and be much more appropriate for this area.
I would invite him to offer a similar structure at a 2-3 story level.
Thank you for listening to my request and for all you do in keeping the City of Mountain View a very lovely place to live.
Best regards,
Clarice Arne
Owner at
From:
To: Penollar, Krisha
Subject: Re: [wwna] Fwd: Public Hearing Notice: Joint Subdivision Committee and Administrative Zoning Hearing Date: Wednesday, March 12, 2025 8:29:59 PM
CAUTION: EXTERNAL EMAIL - Ensure you trust this email before clicking on any links or attachments.
Hello Krisha,
As a homeowner
at the Middlefield Meadows (very near the corner of Tyrella and E. Middlefield) I strongly object to building a 7 story building in our neighborhood of 1-2 story homes and condominiums.
Seven stories would be a monstrosity, especially given the neighbors are 1 story homes. The other objection is that 85 units will generate a considerable amount of new cars trying to park in the neighborhood streets. This builder's proposal should be rejected. If these are not good enough reasons, then what can the city advise to the local residents that live nearby to fight this proposal?
Regards,
Rob Corcoran
15+ years home owning resident of the Wagon Wheel neighborhood, and 20+ years as a Mountain View resident.
On Sat, Mar 1, 2025 at 9:28 AM nicky sherwood <[email protected]> wrote:
Here is some information on the seven story, 85 Unit development proposal at 294-296 Tyrella.
It will be going back to the Joint Subdivision
Committee and Administrative Zoning Meeting On March 12. The agenda staff report and partial plans for the proposal be available on Friday before The meeting. Please see the link below.
This proposal may have an impact on parking on Tyrella, Flynn, and Sherland plus additional traffic. ---------- Forwarded message ---------
From: Penollar, Krisha <[email protected] >
Date: Fri, Feb 28, 2025 at 4:22 PM
Subject: Public Hearing Notice: Joint Subdivision Committee and Administrative Zoning Hearing To:
294-296 Tyrella Avenue, APNs 160-32-002 & 160-32-001
PUBLIC HEARING NOTICE
Joint Subdivision Committee and Administrative Zoning Hearing NOTICE
IS HEREBY GIVEN that the City of Mountain View Zoning Administrator and Subdivision Committee will hold a joint public hearing on Wednesday, March 12, 2025, at 4:00 pm in the Plaza Conference Room, Second Floor, Mountain View Civic Center, 500 Castro Street
, at which time all interested parties may be heard regarding the following project:
PROPOSED PROJECT
LOCATION: 294-296 Tyrella Avenue, APNs 160-32-002 & 160-32-001
(Builder’s Remedy Project)
APPLICANT:
Forrest Linebarger for Tower Investment, LLC
APPLICATION NO:
PL-2023-102 / PL-2023-103 / PL-7462
This email was sent to Email Address using govDelivery Communications Cloud on behalf of: City of Mountain View · 500 Castro St. Mountain View, CA 94041 HEARING DATE: Wednesday, March 12, 2025
Request for a Development Review Permit, Heritage Tree Removal Permit, and Tentative Map to demolish an existing single family house to construct a seven-story, 85-unit residential condominium development (20% affordable) which includes two levels of a parking garage on a 0.48-acre project site; and a recommended determination that the project is categorically exempt pursuant to Section 15332 ("In-Fill Development Projects") of the CEQA Guidelines. This project is located on the southwest corner of Tyrella Avenue and East Middlefield Road in the R3-1 (Multiple-Family Residential) district.
If you have comments or questions about this project, please contact the project planner, Krisha Penollar at (650) 903-6306 or at [email protected] .
Draft recommendations and associated documents will be available for review the Friday before the hearing at mountainview.legistar.com.
This meeting will be held with a virtual component and broadcast live at mountainview.legistar.com and on YouTube at MountainView.gov/YouTube. Members of the public wishing to provide comments to the ZA may: 1) send an email to [email protected]
2) join the Zoom Webinar online at mountainview.gov/meeting or call 669-900-9128 and enter Webinar ID 85261011237; or 3) attend the meeting in person in the Plaza Conference Room, Second Floor at 500 Castro Street, Mountain View, CA 94041 . Please consult the meeting agenda, which will be available for review the Friday before the meeting at mountainview.legistar.com. Meeting dates and times are subject to change. Please check the final published agenda online at the web address listed above or view the posted agenda located outside the front door of City Hall at 500 Castro Street
to verify the meeting date, times, location, and agenda items.
To arrange an accommodation under the Americans with Disabilities Act for this hearing, please call (650) 903-6306.
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From:
To: Penollar, Krisha
Subject: 7 Story Building on Middlefield
Date: Monday, March 10, 2025 3:11:28 PM
CAUTION: EXTERNAL EMAIL - Ensure you trust this email before clicking on any links or attachments.
Just heard about this proposal and it does NOT seem to fit within the neighborhood. This will block the neighbors view, create more traffic, are the existing utilities even up to date to support this complex?
If Mountain View keeps building these high structures we should change the city name to BUILDING View as that is all we will see.
Steve Warr
Mar 11, 2025
Mountain View Zoning Administrator
500 Castro St.
Mountain View, CA 94041
Re: Proposed Housing Development Project at 294-296 Tyrella Ave
By email: [email protected]
CC: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Dear Mountain View Zoning Administrator and City Staff,
The California Housing Defense Fund (“CalHDF”) submits this letter to request that the Zoning Administrator and city staff comply with their obligations to process the proposed 7-story, 80-unit, 20% affordable condominium building at 294-296 Tyrella Avenue under all relevant state and federal laws.
Under the HAA,1 a city may not disapprove a qualifying affordable housing project (i.e., a housing development project that provides at least 20 percent of the total units to lower households, as defined by Health and Safety Code Section 50079.5) on the grounds it does not comply with the city’s zoning and general plan if the developer submitted either a statutorily defined "preliminary application" or a "complete development application" while the city's housing element was not in substantial compliance with state law. (See Gov. Code, § 65589.5, subds. (d)(5), (h)(5), (o)(1).2) This statutory provision temporarily suspends the power of non-compliant municipalities to enforce their zoning rules against qualifying affordable housing projects. (See, e.g., California Housing Defense Fund v. City of La Cañada Flintridge, Case Number: 23STCP02614 (attached), for a recent court decision affirming the plain language of the statute in this regard.) Mountain View’s Housing Element was not in 2 These code section numbers correspond to the HAA as it existed when the preliminary application for the project at issue was submitted (i.e. before AB 1893 went into effect). 1 AB 1893, effective January 1, 2025, has amended the “Builder’s Remedy” provisions of the HAA.
However, the AB 1893 allows for vested Builder’s Remedy applications to proceed under the previous version of the law.
360 Grand Ave #323, Oakland 94610
www.calhdf.org
substantial compliance with state law when the preliminary application under SB 330 was submitted. The City must therefore allow the project to be developed as proposed.
Additionally, the project is exempt from state environmental review under the Class 32 CEQA categorical exemption (In-Fill Development Projects) pursuant to § 15332 of the CEQA Guidelines, as the project is consistent with the applicable general plan designation and all applicable general plan policies as well as the applicable zoning designation and regulations; the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; the project site has no value as habitat for endangered, rare or threatened species; approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. Recent caselaw from the California Court of Appeal affirms that local governments err, and may be sued, when they improperly refuse to grant a project a CEQA exemption or streamlined CEQA review to which it is entitled. (Hilltop Group, Inc. v. County of San Diego (2024) 99 Cal.App.5th 890, 911.)
CalHDF notes that draft condition of approval #1 requires construction to commence within two years or the permit will become null and void. This condition appears to be based on Mountain View zoning code, section 36.56.65:
Time limits. Unless outlined otherwise in conditions of approval, any permit or entitlement not used within two (2) years of approval shall become void. For phased projects, a permit or entitlement becomes void if there has been no significant construction activity for a period of one (1) year, notwithstanding previous construction activity. The permit shall not be deemed "used" until the permittee has actually obtained a building permit and commenced construction or has actually commenced the permitted use on the subject property in compliance with the conditions of approval.
However, the City may not apply its zoning code to this project, given that it is a Builder’s Remedy project, as discussed supra. The City therefore may not apply this two year time limit. Assuming that the City attempts to enforce this provision of its code, a refusal to grant an extension to the two-year time limit would constitute a denial of the project pursuant to the HAA and would require appropriate health and safety findings pursuant to Government Code section 65589.5, subdivision (d).
The City should therefore amend its conditions of approval to remove this condition as well as other conditions that attempt to apply local zoning requirements.
⬢⬢⬢
2 of 3
As you are well aware, California remains in the throes of a statewide crisis-level housing shortage. If we do not allow sufficient housing development, more and more Californians will become and remain homeless. CalHDF urges the City to approve this builder’s remedy project, as is required by law.
CalHDF is a 501(c)(3) non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels, including low-income households. You may learn more about CalHDF at www.calhdf.org.
Sincerely,
Dylan Casey
CalHDF Executive Director
James M. Lloyd
CalHDF Director of Planning and Investigations
3 of 3
PATTERSON & O’NEILL, PC
235 Montgomery Street, Suite 950
San Francisco, CA 94104
Telephone: (415) 907-9110
Facsimile: (415) 907-7704
www.pattersononeill.com
March 11, 2025
VIA EMAIL
Administrative Zoning and Subdivision Committee
500 Castro Street
Mountain View, CA 94041
Re: 294-296 Tyrella Avenue Development Application
Permit Nos. PL-2023-102 & PL-2023-103
Dear Committee Members:
Our office represents Forrest Linebarger, manager of Tower Investment LLC. Tower Investment applied for a housing development project at 294-296 Tyrella Avenue before the City adopted a substantially compliant housing element, and therefore qualifies for the protections of Gov. Code § 65589.5(d)(5), commonly referred to as the “Builder’s Remedy.” The Builder’s Remedy significantly limits the City’s review authority over projects that restrict at least 20% of the units as affordable to low-income households, as is the case here.
The City is required to approve the project as submitted and proposed by the applicant without the nearly 200 conditions of approval that staff has proposed. That said, Mr. Linebarger has worked cooperatively with City staff throughout the application process and appreciates the modifications that have been made to many of the most onerous conditions.
Mr. Linebarger is willing to voluntarily accept most of the proposed conditions, except those that would violate the project’s vesting rights, make the project infeasible, cause unnecessary delay or increases in costs, and/or give the City unfettered discretion to disapprove the building permit plans. In particular Mr. Linebarger demands modifications to the proposed expiration date (Condition Nos. #1 and #17); the BMR monitoring requirement (Condition No. 60), and the conditions that require further discretionary approvals (Condition Nos. 13, 47, 134, 164, 189, and 190).
We urge the City to modify the conditions of approval as suggested by the applicant or Mr.
Linebarger may be left with no choice but to challenge the City’s actions in court.
A. The Proposed Conditions Violate the Project’s Vesting Rights
In 2019, the Legislature enacted the Housing Crisis Act to prohibit what the Senate Floor Analyses described as “the most egregious practices” by local governments that prevent the development of new housing. Specifically, the HCA added a new “preliminary application” Administrative Zoning and Subdivision Committee
March 11, 2025
process designed to “stop[] them from changing the rules on builders who are in the midst of going through the approval process.” Gov. Code Section 65941.1 allows a housing developer to submit a preliminary application, which under the HAA “vests” the “ordinances, policies, and standards” in effect at the time a complete preliminary application is submitted. (Gov. Code § 65589.5(o)(1).) The HAA defines “ordinances, policies, and standards” broadly to include “general plan, community plan, specific plan, zoning, design review standards and criteria, subdivision standards and criteria, and any other rules, regulations, requirements, and policies of a local agency . . . .” (Id. subd. (o)(4).)
The HAA specifies that once a preliminary application is submitted and vesting rights are secured, there are very limited circumstances in which vesting rights no longer apply to a project.
The HAA states that vesting rights are no longer valid if the “housing development project has not commenced construction within two and one-half years . . . following the date that the project received final approval.” (Id. sub. (o)(2)(D).) The law defines “final approval” to mean has received all necessary approvals to be eligible to apply for, and obtain, a building permit or permits” and all applicable deadlines for challenging the approval have expired. (Id.)
The City’s conditions, however, attempt to cut off the applicant’s vesting rights by proposing an expiration date of only two years, and calculating the two-year expiration date from the time of this permit approval, rather than from the date the applicant had received all necessary approvals to obtain a building permit. Prior to obtaining a building permit, the applicant still needs approvals for a final subdivision map, a lighting plan, a landscaping plan, construction parking plan, sprinkler and fire alarm system, the construction level building plans, and more. In short, the City’s proposed expiration condition violates the project’s vesting rights.
In addition, Condition #63 states that the project must comply not just with state building code requirements, but the City Local Amendments and Green Building Code in effect at the time of building permit submittal – rather than the time the preliminary application was submitted as required by the HAA. As noted above, the vesting rights provision is broadly worded to include not just zoning and general plan standards, but “any other rules, regulations, requirements, and policies of a local agency.” (Id. subd. (o)(4).) Condition #63 is similarly a clear attempt to circumvent the project’s vesting rights.
Please be advised that the HAA explicitly states that a local agency commits a violation if it “required or attempted to require a housing development project to comply with an ordinance, policy, or standard not adopted and in effect when a preliminary application was submitted.” (Gov. Code § 65589.5(k)(1)(A)(i)(III).) In other words, Mr. Linebarger does not need to wait until the permit expires to take legal action against the City for attempting to eliminate the project’s vesting rights. Our firm has successfully litigated multiple cases confirming that any attempts to circumvent vesting rights, even before a project application is deemed complete, constitutes a violation of state law that may carry significant fees and penalties. (See Jha v. City Administrative Zoning and Subdivision Committee
March 11, 2025
of Los Angeles (LASC Case No. 23STCP03499; Yes In My Back Yard v. City of Los Angeles (LASC Case Nos. 24STCP00070; 24STCP00385; and 24STCP00524.)
We respectfully request that Condition #1 be modified to change the expiration date from two years from the date of approval to two and one-half years following the date that the project received all necessary approvals to be eligible to obtain a building permit or permits and all applicable deadlines for challenging the approval have expired.
B. The Application Must Be Approved as Submitted
Under Builder’s Remedy provision (subdivision (d)(5)), a local government cannot deny a housing development project for low-income households, even if the project is inconsistent with the jurisdiction’s zoning and general plan, unless the local government can make written findings, supported by a preponderance of the evidence in the record, that it has adopted a housing element in substantial compliance with the Housing Element law. The HAA makes clear that the intent of the Builder’s Remedy is to facilitate and accommodate the development as proposed by the applicant in the development. (Id. subd. (f)(1).) The Legislature also recently enacted AB 1893, which merely confirmed that the entire purpose of the Builder’s Remedy is to ensure that projects are approved as proposed by the applicant. (Id. subd. (f)(6)(B).)
The City did not have a substantially compliant housing element at the time the application was submitted, and therefore the project must be approved as submitted regardless of any zoning or general plan inconsistency. Here, the City’s conditions unlawfully modify and amend the project as proposed by the applicant, in violation of the HAA.
Specifically, the applicant submitted a Below Market Rate (“BMR”) Alternative Mitigation Program to address the state law requirement to ensure that the restricted units are offered to qualifying households at an affordable rate. The applicant has proposed to select an administrator of the BMR program, who will be charged with selecting occupants, certifying eligibility, and verifying compliance on an annual basis. The applicant is willing to accept the requirement to record a deed restriction to ensure the units remain affordable, but Condition #60 rejects the applicant’s proposed program and instead authorizes City staff to monitor compliance.
To be clear, the applicant has no issue with verifying compliance with the affordability requirements of state law. The applicant has proposed doing so and will provide compliance reports to the City. However, the applicant is under no obligation to participate in the City’s typical process for monitoring its inclusionary housing program. The proposed affordable units are being provided to comply with state law, not local inclusionary requirements.
We note that City staff have reached out to the Department of Housing and Community Development (“HCD”) regarding this very issue. Our office spoke with HCD Senior Housing Policy Specialist Stephanie Reyes in December 2024, who confirmed and agreed with the Administrative Zoning and Subdivision Committee
March 11, 2025
applicant that the project is under no obligation to participate in the City’s compliance program and may propose an alternative means to comply with state law. We understood that Ms. Reyes was going to send this same message to City staff, yet staff still proposes a condition that unlawfully rejects the Applicant’s proposed plan and requires the project to participate in the City program. This portion of Condition #60 must be modified, as confirmed by HCD.
In short, the City’s proposed conditions are unlawful as they impose standards on a builder’s remedy project that fails to accommodate the project as proposed. Subdivision (d) not only prohibits disapproval, but also any conditional approval that “renders a project infeasible.” The HAA defines feasibility as “capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.” (Gov. Code § 65589.5(h)(1).) The HAA confirms that if a local agency “conditioned its approval in a manner rendering it infeasible for the development,” this constitutes a violation of the HAA and that local agencies bear the burden of proof. (Gov. Code § 65589.5(k)(1)(A)(i).)
Several conditions also impact the feasibility of the project. Specifically, Condition No. 41 requires a stop work order and provides for significant penalties for incidental damage to trees during construction. While the applicant is willing to provide replacement trees for any incidental damage, stopping work for an indeterminate amount of time and imposing significant penalties for such damage significantly increases construction costs and renders the project infeasible. In addition, the applicant has repeatedly identified several of the City’s Reach Code Requirements that are not feasible, such as the requirement to supply 100 percent of energy use through Photovoltaic panels. These conditions must be modified to ensure project feasibility.
C. The City Cannot Impose Conditions Based on Subjective Standards The HAA greatly limits a local government’s ability to deny a housing development project that complies with applicable, objective general plan, zoning, and subdivision standards, and prohibits local governments from applying subjective standards. (Gov. Code § 65589.5(j)(1)(A)- (B); see also Cal. Renters Legal Advocacy & Educ. Fund v. City of San Mateo (2021) 68 Cal.App.5th 820, 844.) The HAA defines “objective” as “involving no personal or subjective judgment by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official.” (§ 65589.5(h)(8).) The test to determine whether a standard is objective is whether there is a single standard “knowable in advance, to be applied to all.” (Cal. Renters Legal Advocacy & Educ. Fund v. City of San Mateo (2021) 68 Cal.App.5th 820, 843.) Many of the proposed conditions fail to meet this test of objectivity as the conditions give unfettered discretion to public officials to make a subjective determination whether to approve certain plans.
Administrative Zoning and Subdivision Committee
March 11, 2025
Specifically, Condition Nos. 13, 47, 134, and 164 require the applicant to submit signage plans, lighting plans, parking plans, encroachment permit plans, and utility plans subject to discretionary approval of the Zoning Administrator without any objective standard for issuing an approval.
Moreover, we note that the applicant has already submitted proposals for these plans. While the applicant does not oppose submitting more detailed construction level versions of the proposed plans, the plans must be approved so long as the plans are consistent with the project as submitted and proposed by the applicant, as explained above.
Finally, Conditions 189 and 190 appear to be brand new conditions requiring “full trash capture” both on and offsite. The City failed to previously identify any purported inconsistency with the City’s “Long Term Trash Reduction Plan,” and therefore the project must be deemed consistent with any requirements of this plan. (Gov. Code § 65589.5(j)(2)(B).) Moreover, the applicant has already submitted trash and recycling plans, which must be approved as submitted, and the applicant is concerned that these conditions will significantly increase costs and impact the feasibility of the projects. The applicant therefore requests that these conditions be removed.
Conclusion
Tower Investment’s proposed project qualifies as a builder’s remedy project and therefore must be approved as proposed. The multitude of conditions that staff have proposed violate state law, and therefore cannot be imposed. We request that the City accept the applicant’s revisions to the proposed conditions and, if the City rejects a particular revision, provide an explanation explaining how the proposed conditions do not violate the HAA.
Very truly yours,
___________________________________
Brian O’Neill
From:
To: Penollar, Krisha
Subject: Question submitted for Hearing on 294/296 Tyrella Date: Tuesday, March 11, 2025 8:41:27 AM
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I cannot attend the meetin on March 12 because my husband is having surgery and I will be at the hospital waiting for him I would like to submit this question to Mr. Linebarger if it is possible please:
“I attended the November meeting and spoke to Mr. Linebarger afterwards to ask why the project went from the initial 11 units (pre-pandemic) to 33, then 44 units, and now 85.
He said it must be 85 to include 20% affordable housing units. I want to know why he didn’t simply add 20% affordable housing onto his 44 unit plan. Instead on the day builders remedy became possible he filed completed plans for a project twice the size of the one he had going through the system.”
If Mr. Linebarger responds, could the planners provide feedback on his answer please? Thank you,
Rachel Alvelais
Things change and we are blessed if we have people who remember the changes with us
From:
To: Penollar, Krisha
Subject: Tyrella Ave Proposed Project
Date: Wednesday, March 12, 2025 12:12:44 PM
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Dear Krisha,
I am writing to you today to let you know that I am against a 7 - story building being built in my neighborhood. My condo at is in a 2 story complex. A 7-story building does not fit into our neighborhood at all. I believe a 2-3 story building would be much more appropriate.
Please stand strong for the residents and owners of Mountain View and do not let this developer put 85 units on a .48 acre parcel.
It is obvious that he is only interested in making a
large profit from this development and does not really care about the feel of this lovely, wooded, peaceful yet still somewhat densely populated area.
There are a lot of condos and
apartments along this corridor and a 2 or 3 story structure would fit in and be much more appropriate for this area.
I would invite him to offer a similar structure at a 2-3 story level.
Thank you for listening to my request and for all you do for our Beautiful City of Mountain View.
Best regards,
Clarice Arne
Owner at
From:
To: Penollar, Krisha; Administrative Zoning Hearing
Subject: Concerns 294-296 Tyrella Ave. MV Project
Date: Wednesday, March 12, 2025 1:07:39 PM
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Dear City Planning Committee,
As a resident living just two doors down from the planned construction site, I will be significantly impacted by this project. While I understand the need for development, I have serious concerns regarding its potential disruption, environmental impact, and community alignment. I respectfully submit the following points for consideration:
1. Construction Schedule and Quality of Life Impact
The construction process will undoubtedly have a considerable effect on immediate and nearby residents. I request that work hours be limited to no earlier than 7:00
AM and no later than 5:00 PM, with no construction on weekends. Additionally, I know of several neighbors who work night shifts and depend on daytime hours for rest. Excessive construction noise during the day will significantly impact their well- being and ability to maintain their livelihoods. This is a substantial project that will take time to complete, and it is essential that residents’ right to a reasonable quality of life be preserved during this period.
2. Health Concerns Related to Construction Debris
Given the close proximity of residents to the construction site, there are serious concerns regarding
air quality, dust, and other debris generated by the project.
What protocols will be in place to mitigate dust and airborne particles to protect public health? Additionally, is there a designated fund to support local residents who may experience health complications due to prolonged exposure to construction- related pollutants? Clear communication on this matter is essential for community reassurance.
3. Heritage and Environmental Impact of Tree Removal
The planned removal of six trees is deeply concerning, particularly two that are in good condition and contribute significantly to the neighborhood’s greenery and aesthetic character. The introduction of a
seven-story structure will already be a
stark contrast to the existing architectural landscape, where the majority of buildings are
one-story with a few three-story structures. Maintaining a balance of natural landscaping is crucial for both aesthetic harmony and property value preservation.
I urge reconsideration of the full removal plan and advocate for the retention of these trees to ensure a balanced streetscape.
4. Affordable Housing Allocation
The proposed
20% affordable housing allocation, equating to 17 units, is insufficient given the economic demographics of this neighborhood. To foster a more inclusive and sustainable community, I strongly recommend increasing this to at least
40%. This adjustment would better reflect the financial realities of residents while ensuring a more equitable distribution of housing opportunities.
5. Construction Parking Impact
Parking in our neighborhood is already limited, and accommodating an influx of construction workers could create significant congestion. Where will employees park during the project? I request that construction crews be required to park exclusively
on Middlefield Road rather than within the neighborhood, to minimize disruption for residents who already face challenges with available parking.
This project will have a lasting impact on our neighborhood, and it is imperative that it is approached with
thoughtfulness and fairness. I urge the committee to address these concerns and incorporate community feedback to ensure that the development aligns with the character and needs of the existing residents.
Thank you for your time and consideration.
Sincerely,
Reyna Ramos
Nov 12, 2024
Mountain View Zoning Administrator
500 Castro St.
Mountain View, CA 94041
Re: Proposed Housing Development Project at 294-296 Tyrella Ave By email:[email protected]
CC: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Dear Mountain View Zoning Administrator and City Sta