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Council approves 7‑story, 80‑unit Tirella Avenue condominium under state "builder's remedy"

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Summary

After more than two hours of public comment and debate, Mountain View approved a seven‑story, 80‑unit condominium at 294–296 Tirella Avenue under provisions of the state Housing Accountability Act (the "builder's remedy"), with conditions and modifications to staff's recommended approvals.

Mountain View — The City Council voted 6‑1 on April 8 to conditionally approve a seven‑story residential condominium project at 294–296 Tirella Avenue, authorizing a development review permit, tentative map and heritage tree removal permit under the state Housing Accountability Act's "builder's remedy" provisions.

The Council's decision follows a lengthy exchange among city planners, the applicant and more than a dozen neighborhood residents who said the project would be out of character for the immediate area, worsen traffic and parking, and cast new shadows over adjacent properties. Staff recommended approval, citing the project's compliance with limited objective standards and the project's qualification for the builder's remedy because the applicant's preliminary application was submitted when the city lacked a certified housing element.

Why it matters: The builder's remedy restricts a city's ability to deny or require changes that would reduce density for qualifying housing projects. Council members repeatedly described the decision as constrained by state law even while many acknowledged neighborhood concerns. The approval now allows the applicant to proceed toward building permits subject to the final conditions of approval the Council adopted.

Staff and legal overview Diana Pancholi, the city's principal planner, told council the 0.48‑acre site at the southwest corner of Tirella Avenue and Middlefield Road would be replaced by an 80‑unit, seven‑story condominium with three levels of parking. Staff's report said the proposal includes 20 percent of units as lower‑income affordable housing…

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