And welcome to the administrative zoning hearing on August 27th, 2025.

I'm Amber Blazinski.

I'm the assistant community development director, and I am presiding as the zoning administrator today.

Um I'll call the meeting to order at 403 p.m.

So I just want to make a quick announcement that the city would like to remind all participants that the business of the zoning administrator shall be conducted in an orderly manner.

Uh disruptive comments or conduct that impede the ZA's business or infringe on the rights of other participant participants will not be tolerated.

The ZA welcomes all orderly, non-threatening public comments regarding matters over which the ZA has jurisdiction.

Comments deemed otherwise by the zoning administrator will be grounds for terminating a speaker's comment period and or participation in the hearing.

Continued disruptions will be grounds for removal from this hearing.

Today's hearing will operate in a hybrid format.

Staff, the applicants, and some community members are here in person.

However, we'll also ask if community members joining us virtually would like to speak at certain points in the meeting.

When those opportunities arise, uh, typically during the public comment portion of each agenda item.

Members of the public wishing to comment may do so by clicking on the raise hand feature in Zoom when I announce the item on which you wish to speak.

Speakers will be notified of their turn shortly before they're called on to speak.

And if you phoned in, then you would dial star nine to raise your hand.

And when you're called on to speak, you would press star six to unmute yourself.

All speakers, virtual or in person will have two to three minutes to provide comments with the timing dependent on the total number of speakers for each item.

Um, can you please have a seat?

Thank you.

If you are in person and wish to comment on either of the items, please also fill out a yellow speaker card, as I mentioned, um, so we're able to accurately spell your name for the meeting minutes.

So the next portion of the meeting is oral communications from the public.

This is the time set aside for people wishing to address the zoning administrator on any items that are not on the agenda.

So if you're here to talk about a project, this is not the that time.

Um speakers are limited to three minutes, and state law prohibits any action on any items which are not on the agenda.

So is there anybody in the room who wants to speak on an item not on the agenda?

I see none.

Uh, Roxanne, anybody virtually?

None.

Okay.

So we'll now move on to item three, which is the zoning administrator public hearing.

So our first item is 3.1.

It's uh 189 North Bernardo with a request for a two-year permit extension for a previously approved planned community permit and development review permit to construct a new four-story 82,000, approximately 82,000 square foot office building, a new parking structure with four levels above grade and two levels below, and minor building modifications to an existing two-story office building that remains on site.

A transfer of development rights of 28,000 square feet from 2535 California Street, 506 Showers Drive, and 350 Showers Drive to the project site in relation to the Los Altos School District TDR program, a heritage tree removal permit to remove 61 heritage trees.

And this project had previously prepared an initial study of environmental significance pursuant to sections 15162, 15168, and 15183 of the California Environmental Quality Act guidelines.

And no additional environmental review is necessary for the project at this time.

Brenda Norton is the project planner.

Brenda, do you have a staff presentation?

Thank you.

I'm soon.

Okay.

It's not always fast.

Okay.

Good afternoon.

I am the project planner, Brendan Norton for this permanent extension at 189 North Bernardo Avenue.

The project is located on a 3.8 acre site on the northeast corner of North Bernardo Avenue and Central Expressway in the East Wisman Precise Plan.

On April 22nd, 2025, the property owner, Sandhill Property Company filed a request for a two-year permit extension for a planned community permit and development review permit to construct a new four-story 82,865 square foot office building.

New parking structure with four levels below grade and two levels above grid, two low four levels above grade and two levels below, and minor building modifications to the existing two story office building to remain on site.

The transfer of development rights of 28,000 square feet from 2535 California Street, 506 Showers Drive, and 350 showers drive to the project site in relation to the Los Altos School District TDR program and a heritage tree removal permit to remove 61 heritage trees.

The project was originally approved by city council on May 23rd, 2023.

The applicants have requested the extension to allow additional time to implement the originally approved permits due to ongoing challenges in the current office market.

Staff has conducted review of the application, which is unchanged from the originally approved project, and staff is recommending approval of the extension based on the findings and conditions of approval and find that the project had briefly prepared an initial study of environmental significance pursuant to the section 15162, 15168, and 15183 of the California Environmental Quality Act guidelines.

Thank you.

Does the applicant have a presentation?

Or wish to say anything?

Sorry, I didn't see you there.

That's okay.

I was like, come up.

Yeah, yeah, come up to the podium.

Um I did not bring a presentation.

That's okay.

Other than just say thank you to staff for this.

Um, pretty simple, just a time extension right now.

Um, this will allow us to keep marketing this property as we sort of know the state of the office market in the Bay Area right now, is not in great shape.

Um, I would love to say we've had significant interest in this property.

Unfortunately, we have not had almost any interest.

So if we can keep this together for the next two years, that'll just help us to sort of keep this market active and alive.

So I just want to say thank you to Ms.

Mark for all's help.

Great, thank you.

Okay.

All right.

So I'll now open the item up for public comment.

Um, is there anybody in the room who wishes to speak on this item?

Okay.

Um Roxanne, is there anybody online who has their hand raised for this item?

None.

Okay.

So I will then close the public uh comment period.

Um so I will now move forward in making a motion to apply approve item 3.1 based on the findings and conditions posted online and the application materials reviewed by city staff.

And um, this decision of approval can be appealed to the city council within 10 calendar days.

Thanks.

Great.

Thank you.

Thanks, Brendan.

Okay, I'm just gonna pause for a moment and let Ella come up and get situated.

Um, I'll ask that anybody online who's gonna want to speak on the 400 Moffitt uh projects, raise their hand now so that I can get a feel for how many total.

So that I'm ready.

Oh, I'll ask you all in just a minute.

Um, but I just want the online hands raised early.

Yeah, great.

Are you good to go?

Okay.

Um, so we'll move on to item 3.2, which is 400 Moffat Boulevard.

And that's a request for a development review permit to construct a six-story mixed-use development with 175 residential units, approximately 2,000 square feet of ground floor commercial space, and two levels of structured parking, um, utilizing state density bonus law and replacing an existing one-story commercial building, an associated surface parking lot, a conditional use permit to allow a general plan mixed-use village center development, and a heritage tree removal permit to remove 11 heritage trees on a 1.67 acre site.

The city has prepared a compliance checklist per sequel guidelines section 15162, 1516 C and 15183, which concluded the project would not result in any new environmental impacts beyond those previously evaluated in the adopted City of Mountain View Housing Element Update Final EIR and general plan final EIR.

Uh Ella is the project planner.

Ella, do you have a staff presentation?

Yes.

Okay.

Hello, everyone.

Uh I'm Ella Karachan, the project manager uh for 400 Moffett Boulevard, meets you as development project.

Um, the project side is on a 1.67 acre um side.

The proposed project would replace the existing one-story commercial building, associated service parking, surface parking, and related improvements on the site.

Um, the site had a mixed use corridor, a general plan designation, and is currently zoning a commercial neighborhood.

This site is also identified in the general plan building center strategy diagram.

Surrounding uses uh as you can um you have seen the north and east and the Moffitt Boulevard Mobile Park and to the list and across Moffitt uh Boulevard is the multifamily uh residential and to the south is a hotel.

The applicant is requesting a development review permit and a conditional use permit to allow a general plan, mixed use village center development, utilizing the state density bonus law to construct a six-story mixed-use development with 175 residential units, 15% for affordable, uh 18 very low uh income units, and two um thousand seventy-seven square feet of ground floor commercial space and two levels of structured parking.

The project is located within one and a half mile of uh the Mountain View Transit Center.

It has a stops for Cal Train, VTA, light rail, and bus services, which qualifies as a major transit stop.

Therefore, um pursued to city and state regulations, and there is no minimum parking requirement for this project.

The project uh includes a voluntary proposal for 190 parking spaces, including 14 spaces uh for visitors.

The project will include 18 units deed restricted for very low-income households and per state density bonus law.

The project is eligible for 50% density bonus.

Under the state density bonus law provisions, the project was also eligible for unlimited waivers of development and standards necessary to construct the density bonus project, and up to three incentives and concessions as described in the government code section 65915D.

Um the applicant has not requested any incentives or concessions.

The applicant is requesting waivers from the following six development standards, which would have the effect of physically precluding the construction of the project at the proposed density.

And as you can see, um the waivers, neighborhood commercial for area, commercial frontage, height limit, upper story setbacks, personal storage, and uh publicly accessible open space.

Um the project also includes a heritage tree removal for removal of 11 heritage trees.

10 of these trees are in uh fair and poor condition according to the Arborist report and a site visit conducted by planning and forestry division of staff.

Those trees exhibit several concerning conditions, including um an accumulation of dead branches and defects within the canopy.

Additionally, there are signs of potential active test uh infested infestation.

These three's um canopies appear with us and asymmetrical and possible uh and indicating possible health uh issues.

Seven of these trees uh locations are in direct uh conflict with the proposed project.

And uh as part of the project proposal, uh the applicant is going to plant about 70 new trees, which will exceed the existing tree count and canopy and maturity within several years of the project implementation.

Um as you can see, this is the building design.

This is the uh facade facing Moffat Boulevard.

Um so for this project, previously adopted how final EIR and general plan final EIR was considered.

Um project specific compliance checklist was prepared per SQL guidelines.

Uh compliance checklists uh prepared concluded that with implementation of applicable development standards, the standard condition of approval, city estate and federal regulations and mitigation measures uh identified.

The project would not result in would result in either the same or lesser impact that in disclosed in the final EIR of the housing element and general plan.

Um the staff recommendation is to approve the application based on the findings and conditions of approval that it posted in this in the report and um recommended determination that the project complies with the CIQA California Environmental Quality Act pursued to CQ guidelines, section 15162, 15168C, and 1518 RIS.

And that uh concludes the staff presentation.

Thank you, Ella.

Um, so it's now the applicant's turn to make presentation.

Uh do you have a presentation?

Yeah.

Okay.

Uh good afternoon.

Uh I'm Don Peterson.

I represent Prometheus Real Estate Group.

I'm joined here today by Marilyn Pond, Tim Nash, also at Prometheus.

Um, we're leading the larger project project team here this afternoon.

Uh, we're further joined by Alan Jones of Jones Architects.

Alan will be walking you through the project design momentarily.

And we also have various other team members and consultants that uh have connected to the meeting via Zoom.

Uh, we very much appreciate uh the opportunity to discuss the project proposal located at 400 Moffat Boulevard.

Steph covered uh quite a bit in its presentation findings report.

Do you want to take this opportunity to thank staff for their efforts to get us to this point?

We certainly appreciate their hard work and welcome their support for the project.

Uh, before turning the presentation over to Alan, I wanted to say a word about Prometheus.

Uh, as you may know, Prometheus is an active uh real estate owner, investor, and developer primary focus as a company has always been housing.

We've been a long-time housing provider and owner operator of rental housing.

Um company, we've been around for over 50 years.

Um, we typically build for the long term.

So we hold on to our properties and remain vested stakeholders within the communities within which we develop.

We're locally based with our headquarters in downtown San Mateo.

The firm owns and manages over 13,000 apartment homes, the majority of which are here in the Bay Area, more specifically in the peninsula in South Bay.

We have a long relationship with the city of Mountain View.

We've been active here locally for many years, and we've included uh next page on the screen.

Uh snapshots of several of our recent uh housing developments here in Mountain View, Madeira, Tillery, Hadley, Hero 100 Moffitt, among others.

Again, we're pleased to be with you here today.

With that, I'll turn the presentation over to Alan Jones with Jones Architects.

He'll provide a brief overview overview of the project design.

Thank you.

Oh, is he virtually?

Okay.

Do you see that name, Roxanne?

Alan Jones.

I see an Alan.

I'll ask him to talk.

Alan, are you the architect, Alan?

I am.

Can you hear me?

Yes.

Great.

Um, thanks, Don.

Um, and Ella, are you the one driving here?

Yeah.

Okay, great.

Um, can you go to well I'll just start here.

So um, Alan Jones, Jones Architecture.

Um, I'm pleased to be presenting for the design team.

Um, I'll keep this fairly brief and would be happy to answer questions if appropriate.

Um, there's also other members of the design team here that can go into questions.

Um, so next slide, please.

Um first, I wanted to mention that the project we we believe strongly responds to the Moffitt change area plan.

Um at once, it brings together um you know the goals that along the commercial corridor of Moffat Boulevard, and also provides a project that we think fits nicely within the residential neighborhood.

Um the site is located in red along Moffat Boulevard in the change area plan, which is the light green area directly adjacent to downtown, which is the blue area shown in this plan.

You could go to the next.

Here are four diagrams that we think quickly um illustrate the kind of the concept for the project.

Um left corner is um site response.

So the project really responds to all four property lines differently along Moffat Boulevard.

It provides a welcoming open facade that um provides public space along Moffat Boulevard.

Then there are residential units that wrap around the two sides that are shown here in gray.

And on the left, the orange area is the access side where the driveway is located.

The diagram in the top right-hand corner shows the program items on the ground story.

So a commercial space in the lower left corner on Moffitt that transitions into the residential lobby, and then the amenity space, which is an active space that also opens up and has open space in front of it along Moffat.

Then there are ground story units that wrap around the two sides, and then parking is located at the core of the building shown in blue.

The diagram in the lower left corner shows the massing and the overall modulation.

The project is broken up into small modules that are shown here on the upper stories in green.

The blue area is a courtyard that bisects the project.

So there are what we call two kind of two portions of residential that rise up around a central courtyard.

The courtyard provides daylight all the way through.

And then the diagram on the right introduces the roofs, which provide the residential character and nicely break the scale down into a series of roofs that face alternating.

Next slide, please.

This diagram shows that the project has a strong base shown in blue.

And then the middle levels are the orange.

And then the top of the building on the left is shown in a dark in the red color.

So a strong base metal top.

The diagram on the right shows how it's vertically modulated.

So individual bays are broken up and provide relief.

So small modules that really help break the scale down.

Then you can see the courtyard in the center of the two sections in the middle.

Go to the next.

And then a slide that shows how that all comes together with the modulated roofs that I mentioned.

Materials that change in color and depth and texture from the white to the more charcoal at the top, the ground story with the lobby on the left, and then the open space and the landscape layering along Moffat Boulevard.

The courtyard in the center, which is where the resident is located.

And then the driveway is shown on the left.

Alan, just one more minute.

Okay.

Yep.

Go to the next one, please.

Great.

Here's the plan with commercial commercial space in red on the left, then the lobby in the center, the amenity space in green.

And then the ground story residential units wrapping around the back.

Here's a view of the commercial space with the open storefront that opens up to Moffitt.

If you go to the next residential lobby that shows the amenity space and kind of a pavilion on the second story, but warm natural materials that's very inviting with the central courtyard opening up to Moffat.

If you go to the next.

And then back to the overall rendering that shows the overall character and feel for the project.

And I'll turn that over and be happy to answer questions.

Thank you.

Okay.

Thank you.

All right.

Um, so we'll now um start to tally our public comments.

Uh so everybody in the room who's going to speak on if you're virtual and you're going to speak on this item, please raise your hand now.

Um, and in the room, please raise your hand.

Can you raise it high?

It's hard for me to see the back.

One, two, three, four, but how many?

Three cards.

It's okay.

So if you haven't filled a card out, please do so before you leave.

Okay.

You you don't have to do it right now if you don't want to, but um, and then how many online?

So far, one.

Okay.

So we're gonna do two minutes.

Okay, two minutes.

Um, and I just ask that you're respectful of that time.

If you've submitted public comment to us, we I have read all of it.

Um, so you don't need to reiterate your public comment if you've submitted it.

Um, you when it is your turn, please come to the podium and I will be uh monitoring time, and um, I will let you know when your time is up.

So um who do you what's one that you have right now, Roxanne?

Henry Okay, Henry, you want to come up to the podium.

Good afternoon.

I'm Henry Whitfield.

Um, I'm speaking tonight to urge you to deny or at minimum delay um the project for uh possible modification.

Um, this is not a conforming project in my view, seeking minor relief.

Um, it's premature and legally flawed and attempts to implement a hyper dense uh vision that's inconsistent with the city's laws, and most importantly, with the ongoing planning process.

Um, I've made a lot of comments in my uh uh previously submitted um materials, but I want to speak to kind of the human side.

I spoke, I know um good long gone to the grocery store that is in the closet.

And I want to point out there's only 2,000 resale retail square feet uh anticipated.

Uh I'm assuming that some of that will probably be a rental office.

Um but anyway, I've spoken spoken to Albert Souza, who owns the grocery store.

He's been there 26 years.

Okay.

The store is his life.

And he confirmed that he did call the planning department when the notice sign was posted to ask what he would like to when he would likely have to move.

Albert's great guy, but he's not very sophisticated in terms of these kinds of issues.

Okay.

Um I say also when he's told me no one from the city council or even the planning department has really come to talk to him about the proposed project.

And he is completely in the dark about what's happening.

Albert and his store is exactly the kind of business that fosters the communic community livability and quality of life that the Moffitt Precise Plan was supposed to be based on.

So Mr.

Whitfield, that's your two minutes.

I'll give you about 20 seconds to finish up.

All right, I'll introduce this the rest of this statement into record.

Okay.

Go ahead.

Did I did that with her?

Okay.

Yeah.

Also, my wife is here and is willing to yield her time to me.

You may then have two more minutes.

Okay.

It's your she you're right here.

Yeah.

Yeah.

Okay.

Go ahead.

Um I think the bigger issue here is the Moffitt the Moffitt Precise Plan, which this project, if it's approved, will very likely become a uh basis for continuing this kind of development.

I feel like uh just as a standalone project prior to the um completion of the Moffitt Precise Plan.

I think the city is engaging in unlawful piecemealing under CEQA, ignoring the cumulative traffic noise and public service impacts of this development that was never anticipated in the Moffitt precise plan.

I think the um project relies on an unprecedented six waivers from city zoning code, which taken together represent basically a wholesale rewriting of the law for this one parcel.

Okay.

The proposed 83 foot fight height is nearly 28% over the limit.

And I note that even SV 79, which has not been passed, allows cities to contest projects with heights of over 75 feet.

This project is as high as the building on uh Castro and the corner of California.

Plop down in an area full of low rise buildings.

How can that make sense?

Um it's um it's a note that uh it's an 88% reduction in required commercial space.

It's basically if you look at the pro uh project at 100 Moffitt, where's the retail space?

There is none.

Does that foster livability?

Does it foster community in the neighborhood?

No.

There are a lot of folks that live in that neighborhood that like the current uh setup.

We like the businesses there.

A lot of them are new buildings or recently modified buildings.

It's very unlikely that you know there's not gonna be a lot of pushback if the city wants to completely turn Moffat Boulevard into San Antonio Road.

That's the top.

Thank you for your time.

I know you guys spent a lot of time.

I do understand, but I just feel very strongly that this project needs to be put on pause.

Thank you.

Okay, who's next, Roxanne?

Mark Christensen.

All right.

I withdraw my request to speak.

Oh, okay.

Do you want to yield to me?

Oh no, sorry, Carol Mitchell Carol.

Do you want to hello?

My name is Carol Mitchell.

I'm living resident at Moff Mount View California.

Oh, actually, I need you to speak to me, actually.

Yeah, yeah.

Okay.

I live at the end of Cypress Point Drive.

So my question, I'm just a little confused.

Oh, all directed to me.

A little confused as to this project.

Incidentally, I have my hair done, if you will, at what we're talking about.

So is this structure going to be in that block of Moffat Boulevard?

That there's a Chevron station, there's a mobile home park, there's a there's a Mexican restaurant right there.

Do you want to pull up this?

Yeah, I'm the area.

I'm ever Moffitt Boulevard.

Yeah, and it will cover that entire property.

So the entire, but where does it start and where does it end?

We can show you on the map.

So we put your avenue, Cypress Point Drive.

And then we have uh Middlefield Road.

So would that take out the Mexican restaurant and the shops, the the beauty shop, the liquor store?

Would that take out that whole it's it's this shopping plot, the the plot this plaza space that will go.

And this says you're removing 11 heritage trees.

You have about 20 seconds left.

Okay.

Okay.

So uh where are the heritage trees?

So um Ella had showed that in her presentation.

We can pull it up, but again, your time is done.

But at the end of Cypress Joint Drives, there's equal lip just ecalyptus trees, and there's like seven or eight of them.

Okay, so I'm gonna pause you.

This is the diagram for the tree removals.

They're all on that particular property that you can only remove on your beauty shop is and and so forth, right there.

Yes.

Okay, yes.

I'm not against it.

Okay.

I just we're just confused in the development of Cypress Point Woods.

Yeah, and you can you can speak with Ella after the hearing too to get a better understanding.

Um, that's all right.

Yeah.

In fact, 555 Middlefield Road, which is Cypress Point Drive, has been in.

I've worked on that uh project team for three years, and nothing's ever been done.

So we're wondering, is that gonna is that development?

So just yeah, yeah, just us.

So you can you can ask those questions of the planning division, but um this is not that uh forum so much.

Thank you.

You're welcome.

Okay, um, Roxanne's next.

I have no more cards.

Oh, so is anyone else in the room?

Okay, oh, yeah, why don't you give her your card?

It's okay, it's okay.

Don't worry.

Thank you.

I will hear all of you who want to speak in the room.

Don't worry.

George Markle.

Okay, George.

Do you want to give her yours and then she can afterwards?

Because I would like to read what I wrote.

Oh, okay.

Okay, yeah.

Okay, go ahead.

You got two minutes.

Oh no, you actually need to address the okay subjunctive.

I would be addressing the developer.

I will imagine that I am so so everyone in the room, just so you understand everything you say to me.

Then if I have questions, I will then ask the developer.

Go ahead.

Because um I'm George Markle.

Okay.

Okay, uh lead of the map uh Moffat Boulevard neighborhood group.

Liaison with the city with our group.

Umce 1970.

Um I would like to appeal to the developer and to the city to please ensure that all the ground units are set aside for commercial use.

All of them.

Um we have been attending every hearing, every outreach the city has had on this, and I think we have a consensus that that is the preference and the hope.

We have been living in a rather dry area.

There is nothing going on there.

We've been around a long time, hoping that a developer would come in and make a warm uh inviting place for uh walk walking friendly meeting, hopefully a coffee shop will be one of them.

Uh one of the businesses.

Um the the commercial area was the number one uh thing that we were hoping for.

Also um places for meeting benches.

I I saw in the diagram.

You have a little a plaza.

Uh we would love to have benches that would invite members of the community.

Um perhaps uh grabbing a bite from a restaurant that might be uh there um and and sitting and just someplace to say, hey, I'll meet you over at you know, four moffit in five minutes to talk about this or or that.

So that that's what I would like to bring from our neighborhood.

Great.

Thank you, George.

Thank you.

All right.

Um, do you want to come on up and then you can give Roxanne your cards?

Yeah, I have a the Sea Will.

Uh let me just she's she's gonna read from her card and then she'll give you the card.

So go ahead, go ahead.

Okay.

Hi, good afternoon.

My name is Hala Shawan.

Hello, uh time resident in Mountain View.

Um, I just wanted to say the positive thing first.

It was really great to see that there will be 50% affordable housing in this proposal.

Um that there will be uh it didn't look like a paseo or an uh a POBA, like an open private public place where it's uh it can be open for the residents of the buildings in the middle.

It wasn't really clear if it's accessible from the outside or not.

I encourage the developer to make it so, just like they did in Park Place, the property that they own at the beginning of Castrum Street near Alcamino.

That is really essential for walkability and the friendliness for the neighborhood as well as all the folks that live around that building.

You know, there are a lot of mobile homes, single-story homes that will be uh right next to this huge, you know, six building uh um story, six-story uh building.

So having some openness, it would be greatly appreciated, I'm sure, by everyone.

I also want to urge the developer to preserve and protect as many heritage trees requested to be removed, be included in the proposed design if possible.

Also, there's a requirement in the city when you remove heritage mature trees to replace them with double the amount.

Um, I hope that's still going to be a requirement, even though the state laws can give them some concessions on that.

Um, if so, will they be placed?

It was really hard to tell from the land uh scape plan.

Will they be placed so that the mobile home single story buildings all around them have some privacy and some shade and some um you know something to block the view at least at that level from the six-story buildings?

I urge the developer to do that as well.

Um, they have done that in other locations.

So thank you.

Thanks, Paula.

So um, yeah, I love brought up the plan so you can kind of see their planning.

They they'll they'll be required to plant.

I believe they're planting quite a few trees.

Um trees.

Yeah.

So removing 11, planting 70.

Yeah.

Yeah.

Thank you.

All right.

Um, who is the next one?

ESC Will.

Come on up, yeah.

Thank you.

My name is Taya Sewell, and I live in the Cypress Point Lakes.

Um, I've been going over to that shopping center since um for the past eight years.

The issue I have with it is there's only one traffic light.

So entering and exiting that property with 175 units and retail could be um hazardous.

Um, it's a very well-traveled road, specifically because of Route 85 and Highway 101.

Um, and we do have children and um adults who are pedestrians there.

So that is my big concern.

It would be nice um to have a big bike line like lane to um encourage people to have alternative means of travel.

Okay, thank you.

Okay, um, anyone shot up here?

Sorry.

We don't always we're not always perfect with the names.

Um, so I'm also a Mountain V resident.

I've been here for over six years now, and I'm here to express my support for the project.

Um, I know a lot of people shop at that center, but it is a blighted strip mold, and it does not add any safety to the area.

If you're talking about pedestrians, this development seems strictly safer to me, just in response to all the comments.

But also, I think it's sort of unacceptable to say that you're going to deny um a six-story building on a blighted lot when we have a housing crisis.

Um, so this unit provides 15% affordable units, as far as I understand from the developers, and that's 15% more units than would exist there otherwise.

So they're also plans.

I attended the Moffat Precise Plan development, and I know that there are plans to upsone everything.

So it won't be out of place in five years, 10 years.

So I'm not sure what people are saying it's house scale.

Now, I mean, there has to be a first building somewhere.

One of them will be out of place.

Um, so I understand the concerns about retail.

And I think at the Moffat Precise Plan, people mention one of the grocery store in the area.

So even if this one doesn't include it, I think eventually people do want more commercial space there.

So that will appear.

And I hope the city takes that into consideration.

So I just, yeah, just want to.

Thank you.

Appreciate it.

All right.

Anyone else that's here, pheasants okay?

I think one more.

I didn't fill it cards.

It's okay, just come up and speak and then you can fill it out afterwards.

Okay.

So I forgot my torturing pitchfork.

Um I know getting the city to approve new development is like pulling teeth.

So I hesitate to say anything negative about a project.

I want to go up, but it is too short and it is a bit light on commercial space on the ground floor.

Um there's a multi-billion dollar transit corridor that's going to see more billions of dollars flood into it in walking distance.

It's kind of criminal to leave that undeveloped.

I don't think we have the right to torch the state's transit plan because someone didn't like the aesthetics of the building.

I am pleased that it is quite pretty though, but it is six stories is not a lot.

That's that's really quite short.

So anyway, it's all got.

Thank you.

Appreciate it.

All right.

One last call.

All right.

Let's go to online.

Robert Cox.

Hi, Robert.

Can you hear me?

Hear me.

Yep, I can.

Okay.

Thank you for giving me the chance to talk today.

I'm just speaking for myself.

Um, I want to echo some of the things that I heard earlier.

And in particular, I'm concerned about how the trees were dealt with on this project.

I went over to the site and took a look at it yesterday.

And, you know, I mean, I understand that the trees that are in the middle of the project can't be saved, but I'm disappointed that we weren't able to save more trees on the edge of the property.

They're large.

I understand trees are going to replace them, but will they be?

I asked the question, will they be as large even at maturity as what the trees are that we have right now?

It's important to have trees um for climate purposes, but also to shield the surrounding neighborhood.

So that's one comment that I have.

And then beyond that, I do want to echo also the comments I've heard about the commercial space.

I think this is very little commercial space.

I understand the Prometheus as a company.

Uh their main emphasis is on housing, but I really do believe that there could have been, since this was a former commercial space, they could have retained more.

I understand legally they don't have to, but I'm making an appeal that you know that some of the same kinds of uses.

I got my hair cut there for the last 20 years.

Okay.

And, you know, I mean, um use the store there and had a friend who had the um adjacent property.

And I just think those kind of properties help make a neighborhood.

So I would like them to please reconsider the sparsity of retail that they're willing to permit in the space.

Thank you for listening to me.

Thanks, Robert.

And we have Maureen Blondo.

Maureen, can you hear us?

Yes, I can.

And you can hear me correct.

Okay.

We can.

Yes.

Thank you for this opportunity to speak.

I just have a few points, some of which have been covered, so I won't be raid to them.

I actually think the development looks good, and I do appreciate that.

I would can we ask for clarity on some points.

The two points I would like clarity on are is the courtyard a public space.

Oh, we'll all ask those after your time.

All right.

So go ahead.

The second point I would uh like clear it, like clarity on.

I also think the commercial space is not significant enough, considering, of course, there was there's some building, um, some businesses that will be lost.

And I think that commercial space adds to community.

And so the question came up as to whether the 2,000 square feet um would include the leasing office.

Whether it does or it doesn't, I think they should look at that again.

So greater commercial space.

And then the last thing has already been stated, but I will state it again.

I would like to see uh a reevaluation of uh the treatment of the heritage trees.

Have they all been preserved as they could?

What will the replacement look like?

And of course they're important for the environment, for the character of mountain view, and uh even for property value.

So those are all my points.

Thank you.

Thanks, Maureen.

All right.

Anyone else talks in?

None.

Okay, great.

Um, all right.

Okay.

So um I am going to um close the public uh comment period, but I'm gonna ask some questions from Ella, but also from the developer team.

Um so first of all, um do you want to speak a little bit about the plaza maybe first?

I've heard that multiple times, whether that's going to be a public space that the neighbors can, you know, neighborhood can use as well, or if it's going to be secured.

Two things there, right?

So there's the there was this the space up top on top of the podium.

That's private for the residents.

What we've done, there's a plaza area at the front door, essentially.

That's obviously that goes to publicly accessible open space that exceeds requirements.

Because I think there's some we have a waiver of a development condition for publicly accessible open space out front.

The the total uh square footage exceeds the requirement.

That's the the development waiver is for the exact configuration, the dimension of the space itself, but the overall square footage exceeds the requirement.

So you know, I guess I'll dovetail with a comment on the commercial space.

We have 20 two thousand little over 2,000 square feet of commercial.

I know many here wanted more than that.

We're not required to do any legally, but we do feel that that a certain amount of commercial is appropriate when we look at the front edge of the building and you look at sort of we we obviously want to put emphasis on the front door area of the building, the plaza area in front of that.

There's certain support um support areas for the residential apartments, which then left the this the commercial square footage, the 2,000 square feet, which is commercial per the conditions of approval is commercial.

We certainly envision that to be a coffee shop or similar um potentially on that on that corner.

Um, but uh, you know, a lot of emphasis was put on that plaza area out in front of the building.

And then one other thing, um, can you talk a little bit about um, and I think maybe this is an a staff slash developer question, but um the perimeter trees and kind of the condition on those and why, you know, just why those need to be removed.

Yeah, I and I would defer to the I think uh our arborist is here too.

Okay, is your arborist because I think obviously there were, well, we have we have arbitrary and you know, we looked at the there was one or two that were questionable, fair condition at that point, and then there was a site visit with city arborist and our arborist at that point to make the determination that uh but yeah, we can bring them up here.

So, yeah, maybe just talk a little bit about the perimeter trees, just so everyone understands kind of what the what we do and what we look at and what you give to us to to review.

Yeah, so we uh when we looked at all the trees, we looked at them cumulatively um as well as individually.

So um somebody pointed out that the trees in the middle of the property, certainly in conflict with the building.

So that's pretty logical to remove those.

Um the city did have questions about the perimeter trees.

So we walked the perimeter trees with uh a city representative.

Um blanking on his name right now, but uh nonetheless, we we examine this uh this exact question, which is how do we preserve the trees?

At least two of the trees on the uh left hand side, uh, there's a eucalyptus and a walnut over there.

They're in pretty bad shape as it is.

Um, and furthermore, they're in a really confined planner space.

So any remediation to even fix that planner space is gonna have pretty detrimental impacts on the root zone of those two trees.

You can see them in the top left uh here.

Um so because those trees are already declining.

In fact, if you visited the site, uh you can see the walnut is lifting the asphalt and everything.

So there's extensive remediation work that even has to happen to that area.

Um that tree is already in decline, so I don't think it's gonna tolerate a lot of that root pruning and work.

So most of those trees are kind of out.

Um on the right hand, the top right here, uh, there is uh, you know, a nicer canopy size oak in that corner.

Um, and all those trees have the same affliction, which is incredibly confined root zones compacted by concrete.

In fact, the oak is growing over the curbing.

So just to pull that curving out and fix that asphalt area is gonna be detrimental to the tree.

So it would be my recommendation to replace those with trees that are actually gonna reach maturity uh and fill in that canopy space.

So um, thank you.

And Ella, just if you can, and you can have a seat.

Oh, um, if you want to just explain.

So we receive an arborish report from um developers, and then our city arborist then reviews that report and go typically goes to the site and and walks and looks at each of the trees.

And our arborist was in, yeah, we conducted this side visit um with uh the uh uh applicant uh city arborist and city our city albors, and we went through all of the heritage trees along the site, uh, especially the ones that are not within the footprint of the building.

Um, but they were not in good condition.

Uh all of them were in poor uh condition.

So there were we also talked about like even like moving them to uh another place in the site, but it was not an option because the tree was not in good condition.

And one other thing to consider is that there is going to be underground parking and that uh extends beyond the building footprint.

So having these trees and keeping them is not uh viable.

Okay, because of the underground.

Great, thank you.

Um, the old the other thing I'll just say, and it's just a you know, statement that I hope you will all consider is to maybe have a conversation with those tenant tenant, uh, you know, the commercial tenants, so they understand your schedule, um, just so that there aren't people who don't understand what's going to happen in the future for them.

So I would just, I'm not gonna address that earlier.

Uh yeah, yeah, you can um yeah, and and uh Mr.

Sousa was was uh referenced earlier.

We had a discussion with Mr.

Seuss at the beginning of the year.

Um, and we're and let me clarify too.

Here and talk to me because otherwise it doesn't work.

Um we're um we have an option on the property at this point, so we're still not the official landlords uh at this point, but um we did field questions for Mr.

Seuss at the beginning of the year.

I want to just also clarify that that uh going forward, there's another two years before we're under construction because there's a long timeline in terms of advancing documents and going through a plant check permit process at the city.

So the goal or the aim will be to keep the remaining tenants in as long as possible over that two year period, but yes, there will be ongoing communication with the tenant base.

Okay, I appreciate that.

Okay, um, so I you know, I'm I'm listening to everybody.

Um, I've read all of the public comment.

I think I want to say that, you know, I understand that sometimes these changes and these types of projects, you know, um are big changes for our neighborhood.

Um and I don't want to, you know, gloss over that.

Um, I think that I understand people's concerns, and I also understand that, you know, some people may not have may not feel that you know their interpretation of these state laws is the same as what the city's interpretation of the state laws, and and that's all you know, feedback that we're here to receive.

Um but you know, we are approving this particular or we will be approving this particular project in accordance with the way we've approved similar state density bonus projects, um, in that we have, you know, in our interpretation, the city's interpretation of those state laws.

And so um, I I do know that that can be um you know disappointing to some community members, and I I understand that.

Um, but you know, we uh, you know, some some sometimes, you know, there's not much that the city can do, to be completely honest.

Um, so that said, I'm going to move forward in making a motion to approve item 3.2 um on the based on the findings and conditions posted online, the public comment received prior to and at the hearing, and the application materials reviewed by city staff.

So please note that this decision of approval is appealable to the city council within 10 calendar days.

Um I we have one more item.

So um I will give people who don't want to stay for the next item a moment to um fill head out of the room.

Um Ella is the project planner, she she can answer questions.

Um, and um, you know, the other questions that you had, you know, the planning division can help answer some of those too.

Um so you're welcome to stay for the next item, but you're also uh free to go, obviously.

Example.

Yeah, thank you.

Oh, it's not right here.

Paula, you're the only one who's still working with them.

I don't even know the applicants not even going.

But they're online, yeah.

They're all right, you're the only one.

Thank you.

Thanks so much.

I was gonna say that right now there.

So we've sort of reads the agenda.

Yeah, everyone that reads the agenda.

All right.

Okay.

Uh so item 3.3 is 1255 Pear Avenue with a request for a planned community permit and development review permit to construct minor site modifications, uh, including new landscaping and a heritage tree removal permit to remove 11 heritage trees, which were significantly damaged due to construction activity and removed due to safety concerns and a recommended determination that the project is categorically categorically exempt pursuant to section 15304 of the CEQA guidelines.

Uh Krisho Penelar will be presenting the item on behalf of the project planner Matty Fall.

Uh Krisha, do you have a staff presentation?

Good evening, Krisha Pinoya, our senior planner, and I'm here to present the project located at 1288 Pear Avenue.

So the project includes some landscaping modifications on fronting Bear Avenue as well as a heritage tree removal permit.

As shown on the screen here, 11 heritage trees were accidentally removed as a result of the Ingo Way realignment.

This permit is intended to legalize those tree removals.

Maybe to mitigate the loss of the heritage trees, the project proposes to plant 17 replacement trees along Inigo Way, as well as pay and in move for the replacement trees not planted on the site.

The project complies with the zoning ordinance, general plan, and other city code as such, staff recommends that we will project subject to the conditions and five.

Great, thanks, Krisha.

So it's the applicant's turn to make comments.

I'm not quite sure who's here, but uh applicant, can you raise?

Is it this it's um Joseph and Tim?

Okay, Tim, are you grab the chip?

I'm assuming it was.

Hey, Tim, can you hear us?

Do you have anything you want to add?

Uh can you hear me?

Yeah.

Yes, no, uh, I think the staff report is uh comprehensive.

Thank you.

Okay, thanks.

Um okay, so we'll now open the item up for public comment.

Holler, do you want to speak?

Okay, and then um if anybody online wants to speak on this one, if you can just raise your hand, you can fill it out after if you want to.

So it actually is already.

Oh, we already did it, got it.

Both of my comments.

Sure on the project.

So go ahead.

And you have three minutes.

So reading about this really was very upsetting.

These are heritage mature trees.

They are native.

They are redwoods, and some of them are actually, I think they were sequoia trees.

Um it was very, very upsetting.

And my question is, why isn't the city monitoring the um because according to the arborist of the of the project, I quote, no evidence of tree protection installed prior to construction.

Why was that the case?

Why did the city not inspect and make sure that the developer is adhering to the requirements of our city?

You're supposed to, you know, that many trees were supposed to be protected.

Protected, and they were not.

So that's the first question is why there's no city over site.

And the second one, what is the penalty for this for this developer?

I mean, there has to be a very significant and very um mitigating kind of uh uh solution to this, like requiring very large trees to be planted instead of just you know the simple, you know, small sap saplings that the you know that our city code requires.

Um this has to be something that never happens again.

I mean, we're losing these trees by tens and thousands, as we all know.

If you put all the developments and the projects that have been approved in the last few years, this has significant impact on all of us.

So uh I I would like to know what are what you know is the penalty and is that something we need to put in a code in a policy for us.

Sure.

We'll I'll we'll we'll answer those in just a few minutes.

Yeah, thank you.

Um, is there anyone online, Roxanne?

No, there's not.

Okay, great.

Um, okay, so I'll go ahead and close the public hearing.

And um, I'll ask um Krisha, do you want to speak to the kind of the penalty and how that works?

Yeah, so there is a penalty fee associated with the project for removing them without permits.

And typically what that penalty fee is, it's the tree valuation.

So how much that tree essentially costs, and that needs to be be paid to the city.

And for this project, it's about $30,000 for all that lost tree for those trees, as well as the additional replacement trees.

So it's a pretty hefty penalty fee as is.

And it's from the code, like it's in the there's it's in the city tree manual.

Okay.

Yeah, yeah.

Um, and um, and you know, I I personally can't speak to to monitor to you know, monitoring or if even if that, you know, particular sentence was accurate.

I I do want to say that you know, this the that we do our best to make sure that these trees are protected in the way that they're supposed to be.

Um, I think, you know, in this particular uh instance, I do know that um, you know, it was it was like clearing for like new uh roadway, I believe.

Um, and you know, I I think that um maybe the applicant can add a little bit to kind of what they were doing on the site in terms of monitoring the trees and and adhering to their conditions, but then also what they're doing going forward to ensure that this doesn't happen on any other area of the site.

So Tim, do you mind um speaking to that?

Can you um unmute him, Roxanne?

He's unmuted.

Okay, Tim Roots.

Yes, um you were you're pretty close to exactly what happened.

Um this design for the new segment of Inako between uh uh space park and pear was coordinated uh several years before COVID.

Uh and then the uh project was put on hold.

Uh the city staff and the project staff, construction staff that were involved in the initial design were no longer employed when this was picked back up and moving forward.

And we are um quite remiss that both the city and the developer screwed up and not following or thinking now and getting back familiar with this project.

Um we've done everything we can to work with the city arborist and our arborist and the property owner, because it wasn't even on our property, it was on an adjacent property owner's property.

Um, and they we've worked with everybody to try to rectify the mistake.

We're not pointing fingers, but we are taking responsibility to rectify it and uh put the trees in place that were called for originally.

Okay, thank you.

And I think on like the city's side, you know, we do expect developers to adhere to their conditions of approval.

Um, and we try our best, you know, to be on these job sites and looking at at these, you know, situations.

I I just you know, we're not we're not perfect.

And I I share your disappointment in this.

Um I will say that, you know, I think that um we the planning division heard from Sobrato almost immediately when this happened.

They were really forthcoming with us and really worked to get you know to this point.

Um there was no uh I don't think you know there was any like, you know, we oh, you know they took the blame and and they understood, you know, that this was a big deal.

And we were very disappointed also as a city.

Um and so, you know, I think the conditions that are put in there and the and the tree protection, you know, it is something we're serious about, and I hope that you know we don't run into these situations anymore.

Um, and I think, you know, unfortunately, I think just that pause in the project and just a restart.

Um, you know, and uh it just it just allowed you know something tragic like this to happen, truly.

Um so you know, well, and and I'll say, well, the you know, the in lieu fees and the penalty fees, those just that those don't bring the trees back, and I understand that.

And so, you know, we're doing what we can to, you know, have you know, get new trees in these areas and also collect these these penalty fees so that we can, you know, add trees elsewhere in the city.

Um and that I think that's kind of the the comment that I'll add on that.

Um so I will you know move forward in making a motion to approve item 3.3.

The trees are already removed.

Um and that's based on the findings and conditions posted online and the application materials reviewed by city staff.

So this decision of approval is appealable to the city council within 10 calendar days.

Um so this concludes our public hearing today at 5.07 p.m.

If anyone has any follow up questions on any of the items on the agenda, please contact the listed project plans.

Thanks.

Thanks, Roxanne.

Oh you and