40 Main Street is a 6,950-square-foot downtown lot in Los Altos where brothers Ted and Jerry Sorensen, through 40 Main Street Offices LLC, proposed a five-story, 66-foot building with ground-floor offices and 15 apartments, two of them affordable to low-income households, over two underground parking levels served by a car lift. They applied for SB 35 streamlined ministerial approval on November 8, 2018. City staff found the project ineligible in letters dated December 7, 2018 and February 6, 2019, citing parking, the residential share of the building, height and an incomplete application. The downtown height limit is 30 feet; the project reached 66 feet with a 35 percent density bonus and an 11-foot local increase. The council upheld the denial on April 9, 2019. The California Renters Legal Advocacy and Education Fund (CaRLA, now the California Housing Defense Fund) sued on June 12, 2019, and the case was consolidated with the owners' suit. On April 24, 2020, Santa Clara County Superior Court Judge Helen E. Williams ruled that the city had violated SB 35, the Density Bonus Law and the Housing Accountability Act and ordered it to issue permits; the owners' attorneys said the court also found the city acted in bad faith. The council voted to appeal, then dropped the appeal after the court required a $7 million appeal bond, and in September 2020 it rescinded the denial. In November 2021 the city approved a $1.2 million settlement. The old building was demolished in summer 2025, and construction was underway in May 2026. Disclosure: Los Altos Town Crier co-publisher Dennis Young, whose paper is a source here, is an investor in the project.
City Council · Court · Judge Helen Williams
| Date | Event | What the record shows |
|---|---|---|
| November 8, 2018 | Owners File SB 35 Application | Ted and Jerry Sorensen apply for SB 35 streamlining for 15 apartments over offices; an earlier plan for the site was all offices. Mountain View Voice: https://www.mv-voice.com/news/2019/07/28/housing-advocates-file-suit-against-los-altos-for-blocking-project/ |
| December 7, 2018 | Staff Rejects SB 35 Streamlining | Staff cite an incomplete application, parking, the residential share of the building, and height and density. A second letter follows on Feb. 6, 2019. Mountain View Voice: https://www.mv-voice.com/news/2019/07/28/housing-advocates-file-suit-against-los-altos-for-blocking-project/ |
| April 9, 2019 | Council Upholds Denial on Appeal | Councilwoman Neysa Fligor urges colleagues to "disregard" HCD's guidance on parking. The council adopts Resolution 2019-13 on April 23. Mountain View Voice: https://www.mv-voice.com/news/2019/07/28/housing-advocates-file-suit-against-los-altos-for-blocking-project/ |
| June 12, 2019 | Renters Group Sues Los Altos | CaRLA sues, arguing the city did not identify objective standards within SB 35's 60-day window. The case is consolidated with the owners' suit. Mountain View Voice: https://www.mv-voice.com/news/2019/07/28/housing-advocates-file-suit-against-los-altos-for-blocking-project/ |
| April 24, 2020 | Judge Rules City Violated Three State Housing Laws | Judge Helen E. Williams finds violations of SB 35, the Density Bonus Law and the Housing Accountability Act and orders the city to issue permits. Holland & Knight: https://www.hklaw.com/en/news/pressreleases/2020/05/holland-knight-first-in-california-to-win-lawsuit-new-housing-law |
| July 8, 2020 | Council Votes To Appeal | The city calls the project oversized and the single car lift a safety concern. City of Los Altos: https://losaltosca.gov/citycouncil/page/los-altos-city-council-appeal-court-ruling-40-main-street-case |
| September 2, 2020 | Judge Orders $7 Million Appeal Bond | The court sets a $7 million bond for the city's appeal. Holland & Knight: https://www.hklaw.com/en/news/pressreleases/2020/09/holland-knight-first-in-california-to-secure-housing-approval-through |
| September 10, 2020 | City Drops Appeal, Votes To Issue Permit | Resolution 2020-33, rescinding the 2019 denial, follows on Sept. 22. Holland & Knight: https://www.hklaw.com/en/news/pressreleases/2020/09/holland-knight-first-in-california-to-secure-housing-approval-through |
| November 2, 2021 | Council Approves $1.2 Million Settlement | The deal offers about $800,000 in fee waivers if the owners switch to a four-story design; they keep the five-story plan. Los Altos Town Crier: https://www.losaltosonline.com/news/settlement-agreement-ok-d-for-40-main-developers-still-pursuing-5-story-building/article_6ffe7eba-4188-11ec-bb05-efbb0695bbdd.html |
| May 4, 2026 | Construction Continues on 66-Foot Building | The old building on the site was demolished in summer 2025. Los Altos Town Crier: https://www.losaltosonline.com/news/construction-continues-at-40-main/article_394921ab-ae26-4066-9491-c98d284d82e9.html |
| Date | Body | Action | Vote | Staff rec. | Source |
|---|---|---|---|---|---|
| April 9, 2019 | City Council | appeal rejected | — | Unknown | Mountain View Voice: https://www.mv-voice.com/news/2019/07/28/housing-advocates-file-suit-against-los-altos-for-blocking-project/ |
| June 12, 2019 | Court | lawsuit filed | — | Unknown | Mountain View Voice: https://www.mv-voice.com/news/2019/07/28/housing-advocates-file-suit-against-los-altos-for-blocking-project/ |
| April 24, 2020 | Court | ruling issued | — | Unknown | Holland & Knight: https://www.hklaw.com/en/news/pressreleases/2020/05/holland-knight-first-in-california-to-win-lawsuit-new-housing-law |
| July 8, 2020 | City Council | appeal filed | — | Unknown | City of Los Altos: https://losaltosca.gov/citycouncil/page/los-altos-city-council-appeal-court-ruling-40-main-street-case |
| September 10, 2020 | City Council | approved | — | Unknown | Holland & Knight: https://www.hklaw.com/en/news/pressreleases/2020/09/holland-knight-first-in-california-to-secure-housing-approval-through |
Rating 4 of 5. Primary records for the key facts; minor details may rest on reporting. Corrections: https://whokilledthebuilding.com/corrections.