Mountain View Environmental Planning Commission Meeting Summary (2026-02-04)
2026, I will call the meeting to order at 7 p.m.
For those joining us in person,
please note that due to our hybrid environment,
audio and video presentations
can no longer be shared from the lectern.
Requests to show an audio or video presentation
during a meeting should be directed
to epc at mountainview.gov by 4.30 p.m. on the meeting date.
Additionally, due to our hybrid environment,
we will no longer be having speakers line up
to speak on an item.
Anyone wishing to address the EPC in person
must complete a yellow speaker card.
Please indicate the name you would like to be called by
when it is your turn to speak
and the item number on which you wish to speak.
Please complete one yellow speaker card
for each item on which you wish to speak
and turn them in to the EPC clerk as soon as possible
but no later than the call for the public comment
on the item you are speaking on.
Instructions for addressing the commission virtually
may be found on the posted agenda.
Now I will ask the EPC clerk
to please proceed with the roll call.
Madam Clerk.
Commissioner Cranston?
Commissioner Dempsey?
Here.
Commissioner Gutierrez?
Commissioner Pham?
Here.
Commissioner Supermanian?
Here.
Vice Chair Donohue?
Here.
Chair Nunez?
Here.
Six commissioners are present.
Commissioner Gutierrez is absent.
Thank you very much, Madam Clerk.
Okay, we will move on to the next meeting.
Okay, we will move on to having completed item number two roll call.
We're moving on to item number three, the minutes approval.
And agenda item 3.1, the Environmental Planning Commission meeting minutes of October 1st,
2025.
Is there any EPC discussion on the meeting minutes of October 1st, 2025?
No.
Public comment.
If anyone in attendance would like to provide comments on the minutes, please fill out a
yellow speaker card and provide it to the EPC clerk.
If anyone on Zoom would like to provide comment
on the minutes, please click the raise hand button
in Zoom or press star nine on your phone.
Phone users can mute and unmute themselves with star six.
Madam Clerk, do we have any speakers either in person
with a yellow speaker card or on the Zoom?
No speakers in person or online.
Okay, thank you very much.
Would anyone like to make a motion to pass the minutes?
So moved.
So moved, do we have a second?
I'll second.
Okay, we've got a motion from Commissioner Dempsey
and a second by Vice Chair Donahue.
I think we're ready to take a vote on that.
Did we get all the votes?
Not mine.
Oh, sorry.
Should I take a manual roll?
Yeah, let's do that.
Okay.
Commissioner Cranston?
Aye.
Commissioner Dempsey?
Aye.
Chair Nunez?
Yes.
Vice Chair Donohue?
Yes.
Commissioner Pham?
Yes.
Commissioner Subramanian?
Abstain.
The motion passes.
Five in favor, one absent, one abstain.
Thank you very much.
Thank you, Commissioner Dempsey and Vice Chair Donohue.
Okay, we'll move on to item number four, oral communications.
This portion of the meeting is reserved for persons wishing to address the EPC on any matter not on the agenda.
Speakers are allowed to speak on any topic for up to three minutes during the section.
section state law prohibits the commission
from acting on non-agenda items.
If anyone in attendance would like to provide comments
on non-agenda items, please fill out a yellow speaker card
and provide it to the EPC clerk.
If anyone on Zoom would like to provide a comment
on non-agenda items, please click the raise hand button
in Zoom or press star nine on your phone.
Phone users can mute and unmute themselves with star six.
Madam Clerk, do we have any speakers
having submitted yellow cards or on Zoom?
No speakers in person or online.
Okay, perfect, thank you.
Then we will proceed to agenda item number 5.1,
public hearing on the Roadhouse Project
at 515 to 545 North Wiseman Road.
We'll first have a staff presentation,
then questions by the EPC, followed by public comment.
At the closure of public comment,
the commission will then deliberate and take action.
So we'll begin with a staff presentation
from Senior Planner Sam Hughes
and our Planning Manager Eric Anderson.
Thank you.
Good evening, Chair Nunez and Commissioners.
My name is Sam Hughes, Senior Planner
and Project Planner for this Rural House Development Proposal.
Located at 515 and 545 North Wiseman Road,
I'm joined by Eric Anderson, Advanced Planning Manager.
Staff have prepared a brief presentation
outlining the project and I'll begin
by providing some context to describing the project location.
The approximately 10 acre site is located
in the East Wiseman precise plan
within the mixed use low intensity sub area of the plan.
It has a general plan land use designation
of East Wiseman mixed use.
The existing development includes two vacant office buildings,
surface parking and associated landscape
and hardscape improvements.
There's an existing 18 foot public access easement
with an eight foot wide pedestrian and bicycle trail
running north to south along the eastern property line
of the site.
The north of the site is a two story,
two building office campus, the Google Fairchild campus.
To the east of the site is a four story office building site.
To the south is a one story commercial condominium
with various commercial and light industrial service uses.
And to the west across Wiseman Road are one and two stories,
single family and multifamily residences.
The project involves demolishing the existing office buildings, surface parking and associated
landscaping and replacing that campus with a row house development that will have 195
units.
This involves a request for the following entitlements.
A planned community permit, development review permit, and provisional use permit to allow
the project as proposed.
a heritage tree removal permit to remove 139
of the 151 heritage trees on the site
and a vesting tentative map to create 30 residential lots
containing 195 condominium units and 26 common lots.
Proposed design involves 30 row house buildings,
each three stories containing a total of 195 dwelling units
with individual rear loaded garages,
a 0.24 acre publicly accessible mini park
with game space and landscaped gathering amenities
in the Southeast corner of the property,
which would be accessible through the existing
and proposed public access easements,
as well as a total of 40,275 square feet
of common open space, new streets and residential pathways,
paseos and common open areas,
as well as three new service streets
and 11 alleys that provide garage access.
Regrading and relandscaping of the project frontage
to provide stormwater treatment,
as well as frontage improvements
to meet the East Wiseman Precise Plan
street design standards for North Wiseman Road.
This project is consistent with the general plan,
East Wiseman Precise Plan and Row House guidelines.
However, in order to comply with the processing timelines
in AB 130, the project is coming before the EPC,
before a formal consistency determination
as defined in AB 130.
The applicant has proposed a BMR program
or below market rate housing program
that restricts 46 units to below market rate prices
equal to 25% of the base number of units.
28 of these units are restricted to moderate incomes
between 80 and 120% AMI consistent
with the city's BMR requirements.
The remaining 18 units are proposed
at 100% AMI average,
which does not meet the city's BMR requirements
for row homes,
but the applicant is proposing an alternative mitigation plan
under the city's BMR program.
This alternative mitigation supports the city's goal
of middle income home ownership,
which were discussed at the December 16th, 2025
city council meeting.
By offering 28 units or 15% of the units for sale to moderate income households, the
project is eligible for a 10% density bonus.
It's also eligible for one concession and unlimited waivers.
Project requests one concession for the disperse of affordable units requirement.
The affordable units would be located on the western side of the property where the units
are slightly smaller by floor area.
The project requests waivers from 20 development standards,
which are listed in the staff report.
The North Wiseman project frontage
includes four buildings with units facing the street.
The buildings are separated from the right-of-way
by a private sidewalk providing access to each building
and a bioretention basin,
which can be viewed in the images here.
This area is currently on a berm that will need to be regraded
and the existing heritage trees along this frontage
cannot be retained for this reason.
The buildings along the frontage use
intersecting symmetrical gables,
as well as stone-clad front entry features,
which are usually paired between two adjacent units,
often as a two-story accent with a standing seam metal roof.
The building materials consist of stucco, fiber cements,
shingle siding, and stone veneer,
and the buildings along the frontage
use alternating color schemes
to provide more variety in the building character.
The image on the right shows the Central Paseo
and its terminus, open recreational space,
and crosswalk across the planned A Street.
The Central Paseo will be the new publicly accessible pathway
going from the north to the south of the site.
And on the left, you can see the bicycle and pedestrian path
that runs along the east of the property
and the interplay between the proposed units
and the open area that's behind it.
Project proposes three new publicly accessible paths
to access the bicycle path from east to west.
The project has a vesting tentative map
that would create 30 residential lots
with 195 condominium units and 26 common parcels.
The slide here shows the public access easement areas
as shown on the vesting tentative map.
Those can be viewed here in light green color.
Project would remove 139 of the 151 heritage trees
at the site and remove all non-heritage trees.
The project would replace the heritage trees
at more than a two to one replacement ratio
with 282 new trees and 158 additional accent trees
for a total of 440 new trees.
The canopy area at maturity
would exceed the existing canopy area.
This map shows the various hierarchy of pedestrian,
bicycle and vehicular circulation at the site,
as well as street parking.
Project is not subject to a minimum parking requirement
and voluntarily provides 390 garage parking spaces
and 30 guest parking spaces.
Project also proposes 195 long-term bicycle parking spaces
bicycle parking spaces and 24 short-term bicycle parking spaces.
The project received feedback at one design review consultation hearing meeting in November
5th of 2025 and made some changes to its design in response.
The city received public comments about the project expressing concern about tree removals,
traffic, crime, crowding, and the environmental review.
In addition, there was a comment recommending that the below market rate units be dispersed
throughout the development.
The project is subject to the AB 130 streamline process that creates a statutory infill, urban
infill exemption to CEQA.
So the staff recommends that the Environmental Planning Commission adopt a resolution adopting
approving the project and its entitlements, as well as the proposed modifications to the
conditions of approval that are provided as a desk item, as well as adopting a resolution
to the vesting tentative map to create 30 new residential lots and the condominium units
and the 26 common lots with the proposed modifications
to attachment to exhibit A
for the conditions of approval in the desk item before you.
This concludes the staff presentation.
Staff are available for questions,
including myself and Eric Anderson, planning manager,
George Schroeder, planning manager,
and Wayne Chen, housing director,
who's available on Zoom, and Renee Gunn,
senior civil engineer with public works
and Quinn Beyer also available in person from Public Works,
and Lauren Cody, associate engineer,
who's available via Zoom.
Thank you.
Thank you very much.
We will look to the commission for questions now.
Well, we do have an applicant presentation.
Sorry.
Just a moment.
I'll get that queued up here.
Thank you very much.
Great. Good evening, Chair Nunez, Vice Chair Donahue,
and members of the EPC.
My name's Brian Griggs, and I'm joined with Jonathan Boriak,
who's a principal from KGGY Architects.
I'd like to first acknowledge staff.
We've worked hard over the last 10 months,
both Sam Hughes and Eric Anderson
from Community Development.
As Sam mentioned, Lauren Cody, Renee Gunn, and Quinn Beyer
are phenomenal when it comes to public works.
There's a lot to do with a flat 10-acre site
that requires their involvement.
And Housing Director Wayne Chen
and Housing Specialist Anna Reynoso,
as you tried to work through the,
and I'll discuss in a second,
the challenges of a 25% affordability requirement
and some of the challenges of AMI levels,
missing middle, that sort of thing.
We're excited to bring this to you.
We think it fulfills a part of the vision
of the East Wisman Precise Plan,
which is transitional housing
between the high density areas to the east.
Next to us, where you're going to have densities
of up to 100 units an acre, mid-rise product.
We think with a major housing single family
to the side of us, it was a really good vision
of what was done when the Precise Plan was adopted.
And while there were comments by various people
within the community that we should be doing more
on a square 10 acre site,
we think it's a good transition
for what ultimately will be built
throughout the East Brisbane Precise Plan area
with a lot of respect to the neighbors.
The key issues, I think, in front of you tonight are really, you know, the affordability, I think, as Jonathan will present in a minute.
We've tried to address a high-density site, which was zoned to 20 units to the acre.
We're coming just under that at 19 and a half units to the acre.
But also provide open space.
As one of the slides you're going to see shows, we have about one and three-quarters acres of open space,
both dedicated to the public and then private open space
for the residents within the community
who will be living there.
We are very proud and pleased to be able to present
the 46 BMR units.
We are asking for some flexibility
on some of the affordability levels,
and I'll explain that in just a second too.
But this will be a little over a threefold increase
in the 14 BMR units for ownership
that currently exist within your city.
Right now, those 14 units represent 1 10th of 1%
OF THE ROUGHLY 14,000 OWNER-OCCUPIED RESIDENTS.
AND WE THINK THERE IS A BIG NEED.
THE CITY STAFF DID PROVIDE US LAST WEEK.
THERE'S ABOUT 4,000,
LITTLE OVER 4,000 PEOPLE RIGHT NOW
WAITING TO PURCHASE A BMR UNIT WITHIN THE CITY.
AND WE THINK THIS PROJECT WILL REALLY OFFER
A VARIETY OF LEVELS OF AMI
AND REALLY GIVE A GOOD, YOU KNOW,
MIXED ENVIRONMENT FOR BOTH PEOPLE WHO PAY MARKET RATE,
PEOPLE WHO ARE AT THE LOWER INCOME LEVELS,
AND THEN PEOPLE WHO ARE AT THE HIGHER
THE MODERATE INCOME LEVELS,
WHICH IS REALLY THE MISSING MIDDLE
that everyone talks about.
I think as far as the staff presentation,
I think Sam covered everything pretty well
regarding the neighborhood meeting
and perhaps why we didn't do that.
We did spend a lot of time very early on
with Rebecca Shapiro and some of the staff folks
trying to get their input.
Some of the changes that Jonathan will talk about
reflected that.
We did voluntarily bring it
to the design review commission committee, excuse me,
and got some really good feedback from them.
I think the staff report may have included
some of the input that we received
to end up with the project in front of you tonight.
So Jonathan, if you wanna take over.
Good evening, commissioners.
Again, thank you.
I'm Jonathan Boriak from KTGY Project Architect.
I'll try to keep it brief and not redundant too much
after staff's thorough presentation.
So maybe if you go to the next slide,
just wanna talk about really some of the organizing principles
around the site and how we got to what you see
before you tonight.
Again, existing commercial site, really two story buildings
surrounded by a parking field, right?
And it's all about the East Wisman precise plan
and how you continue as a city to create pedestrian
connectivity from existing single family and multifamily
to the west across the site and across the Wisman
neighborhood to the existing transportation to the east.
You can go to the next slide.
So there's a hierarchy here.
In purple, what you're seeing are connectivity zones
that have a public access easement over them.
So those are truly public spaces along both sides
of A Street, moving west to east,
and then running north-south through that central Paseo,
as well as on North Whisman,
and to the east along that existing pedestrian
and bicycle pathway.
And then across the south, along what is now New B Street,
we have another public access easement across there.
And then the next hierarchy down you see in red
is really what we consider homeowner access
and pedestrian access for the homeowners to front doors.
And what we're trying to do is link
all of those elements together to create, right,
a good walkable grid that meets the East Wiseman specific plan.
You can go to the next slide.
Along those public access easements
is where we began to focus our common open spaces.
So these two highlighted here,
we kind of refer to as the picnic park
along the bike pedestrian access
and then the public plaza park along the central Paseo.
What you're seeing in terms of renderings,
these are a result revisions to the project design
as a result of our DRC hearing in November.
DRC felt that the existing layouts
were a little rectilinear and lacked some focal points.
So we've added curved landscape elements, seat walls,
and then articulated the trellis elements more to soften it.
They felt it was a little harsh.
It was more of a larger frame.
So bringing down more detail, more human scale elements
as a response to DRC's feedback.
So those again, serve as focal pieces
and really our approach you'll see with the mini park,
which was under the guidelines for the 0.3 acre.
But again, as Brian mentioned,
we felt in terms of neighborhood planning,
it was better to provide more common open space
spread throughout the neighborhood,
as opposed to one specific area.
You can go to the next slide.
So then on the southeast corner is the mini park.
This is 0.24 of an acre.
However, if you add in the new public access walkway
across the south and take that all the way to B Street,
you are about 0.33 acres of space.
So that, again, links with the bike pedestrian access,
meets the, I would say, the location,
the high level location that shows up within the precise plan,
and then links back to North Wisman
and to the single family neighborhoods.
So all of these together, if you go to the next slide,
equate to about one and three quarter acres
of open space spread throughout the site.
That's approximately 17% of the site.
So that really becomes then how we create this balance
as a neighborhood.
Starting from there, the next thing we did is, right,
North Wismans frontage is considered a transitional zone.
So you'll see some extra setback there.
There's height restrictions there as this transitions
to that single family neighborhood there,
as well as connections to the north.
There's a dog park, linear dog park along there.
So again, creating multiple options for people
to use these spaces in a variety of ways was the goal.
Next slide, please.
Another comment that DRC had was they wanted to see
some more connectivity along North Whisman,
specifically getting over the bioswale that exists
or that would be required along the frontage there.
So working with landscape,
we've added two additional boardwalk spaces there.
That's what the orange arrows are highlighting.
DRC did have a comment to carry that connectivity
between those buildings and across the alleyways.
So between two and three and six and seven and 10 and 11.
We opted not to do that.
In looking at how homeowners live in these neighborhoods,
those narrower through connections that cross alleyways,
it's a less safe version of connectivity through the site.
So we prefer to rely on the bigger hierarchy
of movement that we've previously presented.
Next slide, please.
And then just touching on architecture briefly,
because I think staff did not.
We've brought many projects before you all,
we've been lucky to in Mountain View.
This is looking to use some of the existing context
and materiality that we see throughout Mountain View,
but bring it to a more contemporary approach.
So we're not trying to recreate craftsmen
or mid-century or some of the great styles
that exist already and are done
during those proper time periods within Mountain View.
But board and batten siding,
wood look, fiber cement siding, stone, stucco,
and then adding some asymmetry at the roof lines
and how it turns the corner.
So this is what we call Neighborhood One.
This is a more shallow product,
allows for some more density
and gives us a variety of home sizes
as we look at a site that has 195 units,
we wanna have that variety and not just all be the same
type of row house that you're seeing.
Next slide, please.
And then this is what we call Neighborhood 2 or N2,
slightly more traditional,
but still with a contemporary approach,
brings in some standing seam metal roof accents
over the entries, carries up some of that stone
to the second level.
And then this highlights as well,
There was a comment from DRC about articulation
of the corner elements or the ends.
What you'll see on that bottom left is anywhere
where a building end faces street A or street B,
we have created a side entry and articulated that
either with a balcony deck projection above
or a frontage that faces that side.
So we are engaging along those sides,
something that we know this commission cares about.
And you'll see that as well in the layout
throughout the site of it's not all short ends
that face A and B.
The grid does turn so that you really get doors facing A,
facing B, North Whisman, and the bike path to the east.
That is why the neighborhood grid switches up
as you go across the site.
Next slide.
And then this is just a final rendering
of the entry view along North Whisman.
Again, showing that transition zone.
We did work to break down some of the fence massing
as a result of DRC comments as well.
So I'll leave you with this.
Again, team is here to answer any questions
you all might have.
Thank you.
Thank you for that.
Really appreciate that.
Yes, now we will move forward with the questions
from the commission.
The queue is open.
Thank you, Mr. Chair.
Usually I kind of like to let everybody else talk first, but I can drop out and then Paul
if you want to go.
Okay, so there was, I guess I have a couple questions for staff.
And what I want to understand, I want us to understand a little bit better this letter that we received today from Hogan Lovells,
raising the question of the AB 130 designation, whether or not that site is a Superfund site,
whether or not it should have been on the Cortese list.
That struck me as important.
And so I would like to, if I could, ask staff to tell us what they know about this question
of Superfund site status of the property, the Cortese list, and what efforts have been
made to try to confirm with DTSC whether or not it is properly off the list or not, and
therefore whether or not the AB 130 certification was properly granted.
Sure, yes.
Thank you for the question, Commissioner Dempsey.
Eric Anderson, planning manager.
So yes, it is a known Superfund site.
We have been working with EPA for a long time on these sites in the MEW area.
We certainly are fully aware of the issues that exist at this site and the potential hazards that may exist for development at the site.
We've gone through this process a number of times with developers throughout the MEW area.
We have strong safeguards in place.
We have procedures in place with EPA to review projects according to the best standards for
safety, both the construction process and for residents residing in the units.
And so we've done this a number of times, and it is an established process that we have.
There are a couple of points that I want to make about the AB 130 process.
First of all, AB 130 is highly prescriptive.
It says exactly what list you must go to, and it does not give you any leeway or discretion to go outside that list for determining whether a project is eligible.
This question of verification with DTSC is, in fact, outside of that process.
It is a prescriptive process.
We are supposed to receive the list as is and process permits the way the statute intends.
And there is reasoning behind this.
The reasoning is to take these types of concerns and requirements and mitigations outside of the approval process and apply them to the building permit process.
So it's not a function of the city's entitlement decision around the project.
It is a function of how the project is designed when you start putting up walls and digging in the dirt and everything like that.
And our procedures, our conditions of approval, and our relationship with EPA is really focused on that building permit process.
So I would say that there is nothing necessarily new in this letter that calls into question our interpretation of AB 130 or our existing procedures and conditions of approval for compliance with EPA requirements.
Understood.
Let me ask perhaps a theoretical question or a hypothetical question.
if it were be, say we discover next week that DTSC hears about this and is like, oh crap,
we better go check the list. Oh, that should have been on the Cortese list. Assume that happens.
What happens then if that changes? Would there be reconsideration of, I guess maybe,
let me put my question to you a different way. If there were no AB 130 designation here,
How would the process going forward change?
If there were no AB 130 process, then yes, they would be subject to at least an initial study and mitigated negative declaration.
If, well, so the, actually, let me rephrase that.
we adopted a program level EIR with the East Wiseman Precise Plan
that theoretically clears projects under this potential significant impact with mitigations.
So this project could move forward if there aren't new potential impacts,
which is a possibility, but unlikely, that we didn't study everything.
But this project would more than likely move forward under a consistency memo under the East Wiseman Precise Plan program level EIR, which is not an exemption in the same way that AB 130 is an exemption, but it's a CEQA clearance that doesn't require the same level of review as, say, an initial study or a...
EIR. Okay. And it makes sense that you've worked with this property and adjoining properties. I
understand that Superfund site is pretty large. And so you've been here before. You've seen this
before. So what I'm taking away, and please correct me if I'm wrong, is that even if this site were on
the Cortese list, even if that were true, the presumption would be that there's an alternative
process that this property would go through that's maybe a little bit longer, but not substantially
and you've done that many times
and you kind of know how that story ends.
That's not exactly a legal way to put it,
but am I generally getting the gist right?
I think that's a good summary, yeah.
Okay.
Yeah.
Thank you.
That's it, Mr. Chair.
Thank you, Commissioner Dempsey.
Commissioner Donohue.
Mr. Donohue.
Okay.
That was a good question.
That was something I was wondering about.
Another thing I'm wondering about is that
it says the applicant is required
to dedicate one acre of land or pay a fee in lieu thereof
to offset the burden the additional residents
will place on the city's parks and recreational facilities.
Fair market land value is $9.5 million,
but then through some formula that involves
the city's pre-existing parkland deficit
and the population of the city,
the applicant is being asked to pay
about $4.25 million,
dollars, which at nine and a half million dollars an acre buys less than half an acre,
which is less than half of what I think is required under chapter 41 of the municipal
code.
Looking at 41.9, it just says dwelling unit, acreage per dwelling unit times number of
dwelling units times the fair market value of the land.
I don't see anything about proportionality,
so I'm kind of wondering where that whole calculation
came from.
I think our public works staff haven't, oh, sorry.
Our senior assistant city attorney has.
Selena Chen on behalf of the city attorney's office.
So the calculation of the parkland dedication
and loot fees needed to be adjusted
in light of a recent Supreme Court decision,
U.S. Supreme Court decision,
sheets versus county of el dorado this was in 2024 and under this decision the fee has to satisfy
nexus and rough proportionality standards so in other words the fees have to be roughly proportional
to the specific impacts of the the additional residents in the that are generated by the
development and the impacts that those new residents place on the city's parks and recreational
facilities so the current calculation method does result in reduced fee
amounts these fees are based on a complex mathematical calculation that involves
factors such as the park planning area the existing number of parks or acreage
of the parks in that area the current availability of open space in that area
the net new residential units those sorts of things so I think we mentioned in
previous meetings that the city is conducting a nexus study to ensure that
the city is compliant with state law and to better align the fees with state law
requirements okay interesting yeah actually I know that Supreme Court case
about road fees and some unincorporated area of El Dorado County interesting
Okay, so, okay, I have maybe some comments on that,
but not questions.
So there's 20 waivers being requested,
and I can understand how most of them
would cause reduced density,
and so they need to be waived.
I guess I'll ask this way.
So, however, they're asking for a waiver
on the ground level plate height requirement.
And it says that that's explained in sheet A028,
but that wasn't in the packet.
So I don't understand how having a taller ground floor
would affect the density of the development.
It just seems like the development would be taller.
it would be more expensive,
but that gets into the concessions, not into waivers.
So can you comment on that?
Yeah, I think you're correct
that it probably would be more expensive.
The waiver has to do with whether the standard
physically precludes the project at the density proposed.
So if there's a physical constraint,
the physical constraint in the case made here
that they're having a higher first floor wall plate
would require a taller second floor level,
which would require additional stair riser space,
and that would take away space from potential units.
Okay, I didn't think about that, yeah, sure.
um i have just a general question about uh bmr ownership units how does that work over time like
somebody qualifies when they buy but if later they they're making more money and they don't
qualify anymore i assume that you know it doesn't get taken away from them what like what what would
happen i'm gonna let uh wayne chin who's available here on zoom tonight answer this
Thanks so much. Good evening, EPC commissioners. Wayne Chen, housing director. Yes, so unlike
BMR rental units that have ongoing annual income verifications, that just wouldn't work for an
ownership situation. So once you qualify, regardless of how your income changes over time,
you get to stay there for as long as you wish to stay there for.
If and when that BMR household wishes to sell,
then they would have to sell at specified prices
in order to maintain the affordability of the unit
and have an income-qualified home buyer at that later point in time qualify for the unit.
Okay, that's not surprising.
Okay, just wanted to clarify because I'm unfamiliar with that.
Thank you.
And I think that's my questions.
Thank you.
Thank you.
Vice Chair, Commissioner Cranston.
So while we have Mr. Chen on the line,
I am
what is
the assumption and what it takes for
a person to buy a home
the moderate income
going up to 160
and 200% AMI
surprised me
it's
I don't know what AMI is and what to
take to buy a home but that
still calling that moderate income
seemed like wow
okay um thank you commissioner that's a great question and a large part of our analysis of
the applicant's proposal was based on taking a look at the current economic conditions of
being able to afford a home in mountain review and it was also based in significant part on
a study session that was found with council at the end of december last year
That study session was related to the council priority to develop a low and middle income home ownership strategy.
And in that study session, we had conducted some analysis of the sales prices relative to the income limits that are published by the state every year.
And what we found, based on six months' worth of transactions last year, is that in order to afford a median-priced home in Mountain View, either a condo or a townhome, we're really looking at AMI levels up to 150 to 200% AMI to afford just the median-priced home.
And of course, there's a range of transactions.
And at the 120% AMI level, it was really not feasible to purchase a home, and there were no homes that were really sold within a price point that was affordable to someone at 120%, and just barely at the 150% AMI.
So in that study session with council, we had articulated a recommendation to study a middle income strategy that expanded the range that we would consider moderate income.
So moderate income typically stops at 120% AMI based on industry standards.
But based on the economic realities of home ownership, we will be studying and coming back to the city council at the end of this year to talk about a strategy that would include AMIs potentially as high as 200 percent AMI.
And so that was really informative for evaluating this particular project and really thinking about it through a middle income lens and broadening what the range could or should be simply based on how difficult it is to buy a home, even at the 120 or at the 150% AMI level.
I can pull it up if you would like, and I can do that concurrently, but I believe that the current price of a median home is about $3 million in Mountain View and is about $2.2 million, maybe $2.3 million for a townhome.
And as we look through the down payment assumptions, that's where we're bumping up to the 200% AMI, which I believe translates into about $390,000 for a household of four.
Just to give you some data points there.
I guess I live in a low-end district in Montaluma.
Okay.
Question for staff.
the...
I'm troubled by the removal
of all the... Many of the heritage
trees are... I mean, you show all these
heritage trees along B Street,
but they've all been decapitated because there's a
power line that goes along that.
The trees that are decent are the
ones that are long on Wisman.
Why is it necessary for
the stormwater retention basin to be
in an area where we could
retain the trees? It just seemed
a crime to me to lose all
those trees along Wisman.
And then putting the stormwater retention basin there seemed like a reason to get rid
of them, but not a good reason to me.
So the project has designed it that way, and that is something that under state density
policy bonus law and under the various state laws, we have little discretion to require
modifications to design in order to address.
I can maybe look to the applicant to respond to the question about why the stormwater retention
basin may be necessary or most efficient or best suited to the project in that location.
Jonathan Boriak again. So there's there's a couple factors that are impacting that. One is
the transition zone and the setback required along North Whisman results in deeper setback
along that frontage already, as it's specified in the precise plan, to give that transition
to the single family. So we end up with more landscape and width there already required on
site. And then working with civil engineers, it is easiest, and that is the, of a flat site,
that is the lower natural direction that water wants to flow across that site. So their preference
in working with us both to maintain density
and the rest of the site
was to move bioretention along that frontage.
Okay.
This isn't so much a design question,
but maybe I've just never noticed this before.
There's 30 different residential parcels.
Is that common in a townhome development?
It's like, why is it split up into so many little pieces?
It's fairly common for condominium and townhome developments to have multiple lots and have kind of parcelization that maybe looks a little counterintuitive.
I think the reason why there's 30 of them is just because it's such a large project site.
Usually you see like two, three, four of them on smaller project sites.
This is a 10-acre site.
It's got 195 units.
hence the 30 of them.
So I'm sure the public works and fire people looked at it,
but I look at the layout of the streets
and I think how the heck would a fire engine get to a house
in some of these spots?
This was reviewed closely by the city
to make sure that trucks can get in here
and there's spots where you think you could get through that they've actually been cut off.
There's a cutoff at across A at N Alley and K Alley where you could potentially,
it seems like A is the street where you could get engines through most easily,
and then you've cut it off from some of these areas.
And it just struck me as if there's an emergency, how do the emergency responders get to the locations?
Yeah, so the question was, has the fire department and the building and safety departments, have they reviewed this?
And, you know, is the design safe?
And the answer is that they have reviewed this.
And they have given their okay with the design.
Just a little bit generally speaking about what they're looking at is the width of the dry vials and then the turning radii of those dry vials and whether an engine can turn within those spaces.
As well as the other thing they look at a lot is the ability for the trucks to turn around, to back out.
so there's kind of standard templates for what is acceptable and what is not acceptable in the fire and building department.
They have reviewed it and they've approved it at this entitlement level.
Okay.
And then the last question was, I thought it was interesting that the mock-up that the architect provided showed a street that has that really horrible power line on it.
Is that going to be removed as part of the project?
All the trees along the south side of the property are redwood trees that are decapitated because there's, I don't know, 10 huge power lines that go across the top of it.
Are those going away as part of this?
Are they bearing any of the utilities?
This project and Public Works is here.
They can correct me if I'm wrong.
It doesn't have any utility undergrounding.
Okay.
all right thanks thank you commissioner cranson uh commissioner subramanian
thank you chair um to follow up on a couple of the previously stated questions i just wanted to
clarify a couple more points so going back to the first question about the status of the site from
from an environmental perspective and following
the project EIR requirements,
does that mean that this project
just follows the testing and
project EIR requirements or is any further testing
required based on the DTSC determination?
So first off, thank you for the question.
Let me clarify that the DTSC,
the Department of Toxic Substances Control,
really only enters into this conversation
in their role around listing sites for exemption
or lack thereof through the AB 130 process.
This site is actually managed by the Federal Environmental Protection Agency.
They have very clear rules and procedures about what kinds of testing needs to be done
for what kinds of new land uses that may be proposed on a site.
And along with that, they have a very extensive ongoing testing and monitoring program,
including wells, you know, groundwater wells throughout the area,
and mitigation programs and pumping programs and all kinds of other programs that are ongoing
and currently installed throughout this very large interconnected area of multiple Superfund sites
called the Middlefield Ellis Wiseman or MEW study area.
So there are established procedures.
We are not experts on those established procedures by any means.
we defer to EPA on those established procedures,
but we are in communication with them
about when those procedures need to be carried out
before key approval timelines.
So before they get their building permit,
EPA needs to review their building permit plans
to make sure that vapor barriers are as required.
Any active pumping of groundwater vapor
is proposed to be installed as required.
And then throughout the construction process,
there is monitoring of newly constructed interior space.
And then before occupancy,
there's testing of newly constructed units
to make sure that there are no vapor intrusion pathways.
So this process is very well established.
Again, I don't know all the details
of the testing and monitoring and requirements and science behind it all but we've done this
a number of times for similar projects in this area thank you my next question was about just
consistency with some of the design standards and objectives that were laid out in the east
Wiseman precise plan so the first question relates to there was a street
grid proposed and I I don't know to what extent that was sort of set in stone and
in a very good fashion but there seemed to be a street grid proposed with a
street that was adjacent to this property on the eastern side and I think
I remember reading a reference to the project opting not to perform or go through with that
street improvement just because this allows them more density and more site area to put
more units on.
So my question relates to what the impact of not putting in that stretch of street is
on the rest of the precise plan.
I believe our public works staff is prepared to answer that question.
Thank you.
RENEE GUNN, RENEE GUNN, Good evening Chair, Vice Chair and Commissioners.
My name is Renee Gunn.
I'm a Senior Civil Engineer in the Land Development Department.
So you are correct in the fact that Street A is laid out in the Precise Plan to be halfway
on this parcel and this applicant has requested a waiver to not do that dedication.
That is in particular for this project that they've asked for the waiver.
As other projects come in, we will still be asking for dedications for part of Street
A.
Other projects may still have waivers to ask for.
But as these projects come in, we'll continue to look at what Street A looks like in the
future.
It may not look exactly like it does right now, like what's in the PRECISE plan, but
we do have bike and ped access currently, and we'll continue to have that.
And that was the key portion of the PRECISE plan that was needed to make sure we built
a neighborhood that had porosity for bicyclists and pedestrians.
So to clarify, was Street A mostly intended to be a network for bike and pedestrians or
also vehicular traffic?
It was intended to have vehicular traffic on it also, but that vehicular traffic was
intended to be deliveries, local traffic, trash truck, things like that. When we studied the
traffic impacts as part of the larger precise plan, we did not include any of the new streets
in the traffic model. We really expect the large-scale traffic to work on the existing streets,
and these are like little local commuter streets.
Understood, that was the main intent behind my question.
So thanks for clarifying that.
So my next question perhaps is along the same lines,
which is thank you Commissioner Donahue
for clarifying the park fee, the in lieu fee.
But I also wanted to ask, and maybe this is tied
to more a development impact fee
as it relates to the East Wiseman precise plan.
but given that the mini park which was also
construct of the park design for the precise plan is
reduced compared to the size that the precise plan required
So is there a
an impact fee that is being calculated as a result of the
reduced neighborhood park and the offset of a
a portion of the proposed street a
no there's no fee based on the precise plan requirement they are legitimately allowed a
waiver from that requirement however they are also not entitled to a fee reduction
to their parkland dedication fee based on the provision of that open space
So the parkland dedication fee is the other calculation that was discussed earlier.
That's right.
Yes.
My next question has to do with the BMR units, particularly the moderate.
As Director Chan pointed out, the AMI for Santa Clara County is 195,200.
So a 200 percent AMI.
That's 390,000.
So for a family of four that computes to a home price of 2.3 million, which is right
there in line with what he said was the median price of townhomes in Mountain View.
So I'm kind of struggling to understand why creating more units at that moderate band,
which is kind of hitting close to where the market is, is actually creating more BMR units
that would not be available on the market.
I will defer to Wayne Chen on this question.
Yes, thank you very much for the question.
If you can give me a moment, I'm going to double check
some of the assumed pricing that we've been working
with the applicant about what the price ranges might be.
So if you can give me a moment, I can come back
to provide a little bit more information
based on the way that the BMR program
would prescribe how these prices are calculated.
So if you can bear with me,
I'll let staff know that.
I'll have some information in a moment.
One more question along those lines.
Just wanna understand better,
given that we're looking at such high price points,
what happens if there aren't buyers
are specifically qualified based on their income family size for that particular size of unit
does the income get adjusted to a different band
uh yes thank you for that follow-up as well we have and did have conversations with the applicant
as well in terms of marketability of the units their market assessment is that there would be
be sufficient buyers at the price points at those income levels. Certainly, the lower the price
points and the deeper the AMI levels are, you would have a larger pool or you would have a lot
of demand at those lower price points. And so ultimately, it would be up to the developer to
find the buyers and then potentially lower the prices.
That's not a scenario that we've talked about, but I believe that would be something that
would be supported by the city.
Ultimately, we've only had 14 VMR units in supply, and there's always a lot of demand
for that.
These units would be at a higher price point, so it would be a unique set of units, but
applicant believes that there is demand at those prices.
One last question on the BMR issue.
I saw some mention about equity sharing agreement upon sale of the unit.
Can you elaborate on that, what that structure is?
The BMR ordinance requires, and just to clarify, this would be for
for a household that resells the unit at a later point in time?
That's correct.
Great.
So the way that the BMR program is structured
is that there are three thresholds that get compared
and it's essentially the lowest of the thresholds
that the unit is sold at.
But to keep it simple,
the BMR unit needs to be affordable to a household at that income range at some future point in time.
If there's a comparison, for example, if the market is down and maybe the market price happens to be lower than what the income limits would suggest,
then the market price becomes the lower price point.
but our BMR program in the city doesn't have the typical equity share that
other cities might might structure it and those equity share situations usually
a household can sell the unit at market the city gets back a portion of
of the proceeds but that's not the way it's structured here so you might be referring to
just the way we calculate the future sales price to ensure that the affordability is retained on
the unit. No, I was referring to it because I saw it, I think, in the resolutions. There was a
reference to upon future sale that there would be an equity sharing agreement, which is why
I was curious to understand that. Let me also do this. I will pull up that resolution and just try
to identify it, and then when I have some more information about the sales prices as well, I
can let staff know.
Okay, thank you.
And last question.
This is with regards to just circulation around the site.
I noticed that there were some zones marked for loading, drop-off and distribution.
And so I wanted to understand what the intent and maybe the architect, this is a question
better posed to the architect, what the intent was.
Is that meant to be the only zone where move-ins and move-outs happen, or are the trucks kind
of imagined that are just going around all the sites, all the streets, as well as Amazon
trucks are circulating on all the streets?
But what is the intent of these loading zones?
Yeah, it's precisely to help alleviate what we see these days with delivery drivers, both
food, Amazon, parcel delivery. We're finding more and more that if we can allow for designated zones
within a community, right, that it leaves some of those fire lanes, emergency lanes, traffic lanes
open so trying to spread that out and then centralized mail as well adjacent to that
park plaza in the middle.
Thank you. Thank you, Jay.
Thank you Commissioner. Commissioner Pham.
I only had one question regarding the neighborhood meetings. I was wondering why the
applicant declined to conduct a neighborhood meeting for the project.
The feedback we got from staff was really valuable.
We didn't show you the earlier iterations,
but as far as circulation,
and then we elected to come to the design review commission,
committee to try and get feedback and kind of perfect it.
KTGY and CBG, who's the civil engineer.
We asked them to not absolutely maximize the site,
but we wanted to have a density
that was commensurate with what was envisioned.
The aesthetic aspects of colors, doors,
the heights are all consistent at three stories.
And I think in this instance,
we thought having 10 or 15 or 20 or 50 other people
who might come across and have different opinions,
we're confident of what we're delivering
will be accepted in the marketplace.
We think aesthetically it's good.
There's flexibility and variety.
That's why we declined.
Okay.
So I'll ask questions.
I'm just gonna follow up on that.
Did staff actually recommend to a developer
that it wasn't really necessary to have the community meeting?
If I understood that correctly,
did staff, hold on, please, did staff, yeah, I guess.
Yeah, I'll keep elaborate on that.
What I believe is that the applicant is saying
that the feedback they receive from staff on design,
not a recommendation on a community meeting.
Do you wanna please just elaborate on that?
I just wanna make sure I understood.
No, to be clear, staff encourages
to have the neighborhood meeting.
I'm sorry if I misspoke to the contrary.
All right, I actually did have questions for you as well,
just based on, I actually appreciated
Commissioner Fram's question
because it kind of just set the table
for the kind of questions I was gonna have.
Obviously with the AB 130 and a lot of the kind of state law
changes that are ongoing, there's a shifting dynamic
between the discretion and control
that municipal governments processes have
in terms of whether or not your projects can move forward.
I'm presuming this isn't your first rodeo
on this front, right?
I guess I'm just kind of curious and obviously,
I can't put you under oath,
but to the extent we can be candid with each other.
I guess I'm just kind of curious in your mindset
or you as a person in this enterprise, in this field,
how does that kind of like shift your mindset
in terms of how you engage with the recommendations,
guidance, the staff members that you're working with
from the city perspective across the state?
Can you just elaborate on your approach
and how this may or may have not,
or in what ways has it kind of shifted?
That's a good question.
Certainly the state housing laws give developers
the opportunity to, in many ways, do what they want to do.
And the success of a development is at the end,
when a development is financed,
it can be actually constructed.
If you look at Mountain View,
you've had numbers of six to eight story buildings
THAT CAN'T BE FINANCED.
DELIVERY OF HOUSING AT THE END OF
THE DAY I THINK IS WHY THE STATE
DECIDED TO GIVE DEVELOPERS MORE
FLEXIBILITY AND TAKE OUT
DISCRETION.
HAS IT SWUNG A LITTLE BIT TO THE
OTHER EXTREME?
SURE.
I MEAN, DO YOU HAVE PROJECTS
UNDER BUILDER'S REMEDY OR OTHER
PROJECTS THAT PEOPLE ARE USING
WAIVERS TO SUDDENLY SAY I WANT TO
GO SIX STORIES EVEN THOUGH THE
ZONING SAYS FOUR?
DO I WANT TO BUILD A BUILDING
THAT LOOKS LIKE A HOTEL SIX WITH
A BUNCH OF PUNCHED WINDOWS?
or we actually build something that you can be proud of,
that you have a reputation of, you bring in good architects.
And in this case, these need to be sold.
And so we are trying to design a product with a density
that ultimately will be sold.
The first key and part of the reason staff's been
so collaborative with us on the BMR
is we wanna provide those 46 units.
But if we provided those 46 units
at what the Inclusionary Housing Ordinance stipulates
right now, this project could not be financed
and it would not be constructed.
So we're trying to find that fine medium
of delivering something that is aesthetically pleasing,
that perhaps does take a lot of the opinions.
And I respectfully didn't do the,
not do the neighborhood meeting
because I wasn't concerned about people's input.
I think it was more just trying to,
once you start a process,
if that process can be completed
as the city has been able to do in this case in a year,
that helps make projects viable.
Because when you own a piece of property
and you don't know if it's gonna take you a year,
18 months, two years, three years to get something done,
that every month that goes on that you're carrying that property makes it that much more difficult
to pencil. And in the financing that's available today, you're lucky to get a 60% loan. So you have
to go raise money for the other 40%. That's very expensive because people can invest in the stock
market. They can invest in all sorts of other things. And so investing in real estate, especially
in Mountain View, you know, is attractive. But you also have to have somebody at the end of the day,
you know as Eric already said the EPA we've got a lot of uncertainty and we we've already met with
them several times we have a lot of conditions of approval and putting vapor barriers in putting
active you know systems in place and so it's not everyone looks around and says well Mountain View
is so desirable but you know if you look back the last five or six years nothing's really been built
as far as this where it's home ownership.
And so having the ability to come
and try and respectfully say,
this is what we think is a great project,
but take away that someone doesn't like
a black window versus a white window,
doesn't like a red door versus a green door.
Those are the things that I think you try
and thread the needle, so to speak.
I mean, unfortunately for,
I imagine in your guys' position,
you're gonna see some projects that feel like,
hey, this isn't what we really vision.
And what we're trying to do is deliver a project
that even if we had gone through another six months,
even if we had had community meetings,
if we had gone through six or eight iterations of design,
we're all gonna be proud of.
But at the end of the day,
we're gonna have to find 195 buyers.
And we're confident that the project in front of you
will meet that.
Yeah, I appreciate that.
And just between us,
where I would imagine far more on the pro-development
and growth side of maybe other kind of like,
whether appointed or electeds that maybe you've worked with.
And so for me, I guess like the aesthetic element,
the material, like all that, at the end of the day,
I think people need a place to live,
but I also am just kind of curious about the safety element
of where they're living as well, right?
and there are matters of, I guess terms
like environmental racism, et cetera,
to whatever stock you put in that.
It also can be smart business to not have
that risk kind of carry through and be found out later.
So I guess I'm just curious,
because we did get that letter
that Commissioner Dempsey had touched on earlier,
and I'm kind of curious if you could walk us back
to some of the earlier stages
when you were either identifying, scoping,
or getting about, thinking about this project,
to what extent did the due diligence element
either identify or account for some of the
Superfund contamination?
Like at what stage was this something
that you became aware would be some form of risk
as far as this project goes?
And kind of like what controls
or what actions did you take?
Because of what I'm trying to get a sense of,
is this letter a surprise, right?
I can't imagine it would be,
but I'm hoping that you could kind of walk us through
what that was like at the earlier stages
when you found out about this.
Be happy to.
May 28th of 2025 was our first meeting
with the consultant for the responsible party.
We've had two or three meetings with them.
We've had a collaborative meeting with them
with the EPA.
They do have certain responsibilities
because of the contamination.
We've tried to work with them collectively
on submittals to the EPA to make sure
they're approving of it.
We have discussed some sort of cost responsibilities
that what we would incur, what they would incur.
Those discussions haven't gotten very far.
For them to give you a 23 and a half hour letter
the day of is very surprising.
given that we had these meetings
and went to them and said we want to collaborate.
There's certainly issues here.
And so, you know, as far as the process we're going to follow,
the city, as I think Eric had said,
has really protected both the future residents,
the occupants, the children, the families, everyone else.
Because if the EPA doesn't sign off on everything
and they don't test and they don't approve it,
this project will not be occupied.
It will not start construction.
And so as far as health and safety and issues, I think the belt and suspenders are in place.
Do we know it's going to cost money? Yes.
Do we have a dispute with the landowner?
And is that why they gave you a six-page letter? Yes.
Okay.
And I guess within your own experience in this field,
do you have experience in developing on sites like this?
or any of your partners experienced in matters like this
in terms of projects you've successfully completed in the past?
Or what's your capability of engaging with issues like this?
Personally, not high.
Do I have a lot of good consultants that I've worked with that I trust?
Absolutely.
Have there been development on Superfund sites?
For sure.
In this particular case, I think it's 130 acres,
and we're 10 acres of it.
And you can imagine the focus that this is getting by that responsible party who has 120 acres behind us that may be converted to residential.
And so I think this is probably a little bit of a case where they're going to look at it and say, well, you know, is the domino going to fall next door?
Is it going to fall down the street?
I think from the city's perspective, this was all analyzed.
This party came forth during the environmental impact report when the East Brisbane Precise Plan was established.
they knew exactly what the zoning of this was.
And so to come now and protest residential
when it was previously presented, reviewed, analyzed,
the safeguards were put in place
by the Environmental Protection Agency
to make sure that health and safety
was never gonna be compromised.
I think that's the issue at hand.
Thank you.
And last question for you here.
I guess in terms of the matter of the heritage trees,
Did you guys try to save it?
Did you try?
We did not.
We could, it would have compromised density.
Did you even like think for,
like was there a moment where you went,
okay, we're hearing this.
Just be honest, like was there a moment
where you were like, oh, they're saying this.
Let's at least see, let's, you know,
put another variable in the Excel
and see what comes out of that.
Did you at least try that?
Yes, we actually looked at whether certain trees
could be relocated on site.
there are some beautiful trees on that site.
There's no question about it.
But when you're trying to work around the ability
to construct close to a tree
without being too close to the tree
and hope that tree is gonna survive,
it just, it became, especially with the way that
in order to get the density, it was laid out rows.
And you can tell by looking at the plan,
trying to work around a tree was any particular tree
or 10 trees.
Thank you.
And I'm sure I can trust in your Excel skills.
So then I guess to staff, I do have a few questions.
then around that desk item.
Thank you for educating me on desk items last week.
I really appreciate that.
Or I guess a couple weeks ago.
Really quick question.
Did you have an opportunity to kind of, you know,
make those changes in collaboration with the applicant
or did you not have time for that as part of the desk item?
Yeah, we have a process
when we are putting together the conditions of approval
where we allow the applicant to review them
and see if they have any comments.
So the desk item is a result of that kind of back and forth
on the conditions of approval.
All right, perfect.
And so then I noticed that there were a few changes in particular
around some of these contamination matters,
so like the vapor barrier, if I'm understanding correctly,
I think there was also one where it was like not a city standard, like the EPA, like there shall be some EPA testing.
and I think there were some particular modifications
that would have seemed to almost kind of like,
without knowing how the sausage is getting made,
almost be impelled by the letter that came from that legal firm.
So I guess I'm just kind of curious.
It sounds like the applicant had a chance to review
and be engaged on those,
and I just want to make sure I'm checking with staff.
if those are enforceable,
like we're pretty good on those desk item changes
as per addressing some of this contamination matter?
Yes, we have confidence that our conditions are enforceable.
They are related to health, life, and safety,
which is fully within our purview to enforce.
And then I'll just also add that we did prepare this desk item
before we received the letter.
So as I said earlier, we didn't receive,
We didn't see anything in the letter
that would change any of our findings,
and it did not prompt these edits to the conditions.
Thank you very much, I appreciate that.
And so then that means that,
unless I'm super making stuff up in my mind,
certificate of occupancy sounds like a thing,
or something to that effect, if I'm reaching back in there.
The city has discretion, right?
So for example, this new state law regime,
highly constrains the ability for the city
to get in the way of applications being approved
and or construction permits getting issued.
But my understanding is that there's not that same level
of discretion that's been taken away
from the city certifying safety of human occupancy.
So it sounds like, so I'm wondering like,
A, is that the case?
And just in terms of assuring that, you know,
if and when we have new housing stock,
that we are also ensuring that people are moving
into a relatively safe setting.
The city at that point,
even though there are nice, wonderful buildings
and housing units ready to go,
if the cleanup isn't sufficient to assure human safety,
then a certificate of occupancy won't be issued
and until it's safe for human habitation.
Is that a lever that is still in existence
or am I kind of like misguided here?
Yes.
Throughout the process,
whether it's prior to permit issuance
or prior to certificate of occupancy,
the applicant is going to be required
to coordinate and get approval from the EPA.
And then there will be, the EPA has its own procedures
for reviewing and monitoring to make sure that it's safe.
We also have our own inspections,
which are only building code, life safety related.
They're not really, they don't have,
we don't have the purview of the EPA,
but the EPA does kind of the environmental
and the vapor barriers
and the site mitigations that are needed
related to the MEW study area.
And so prior to permit issuance,
we look to see that the EPA
has taken the necessary steps that they're ready to issue the permit as
well as during construction we have a strong working relationship with them
if I may add you know the desk item which shows the conditions of approval
already but our standard conditions already bacon you know those kind of
requirements like the vapor barrier it's required during building permit
remediation and the preliminary endangerment assessment
is required before the first occupancy can be issued.
So we have built that in already in the standard conditions.
Perfect, so it sounds to me like the public
can be resting assured that there are controls
and mechanisms in place to enforce human safety
and that the applicant has a lot of reasons
and dollars why they would want to ensure that as well.
Okay, thank you very much.
Any other questions from anyone on the commission?
No, no.
We will proceed.
If I may through the chair,
it looks like there were some unanswered questions
from Mr. Wayne Chen for commissioner questions.
I believe he's now ready to answer those.
Thank you.
Yes, thanks so much. So there were a couple of questions regarding the potential sales
prices of the BMR units. And the ranges that we are calculating for the three-bedroom units
would range from just under $1.3 million to about $1.6 million. So still below the average
market sales prices. The four bedrooms, of course, are bigger, so the prices would be a little bit
higher, just under $1.4 million. And I'm referring to the 160% AMI level up to just under $1.8 million
for the 200% AMI level. So still at a discount to the sales prices that we're seeing.
I also wanted to flag another benefit of the BMR units is that oftentimes to be competitive
on the open market, you would have to bring, say, 50% of the down payment or even buy all cash and
be involved with bidding wars. And so the BMR program assumes a 20% down payment for these
levels, and it wouldn't require someone, in fact, it wouldn't even allow someone that can pay all
cash to buy this because that would mean that they would have some means. So those are at least two
benefits for the BMR units, lower price points, and a reasonable down payment amount.
The second question was regarding, I believe, a reference in the resolution related to equity
sharing, and I was able to find that citation, and that citation is referencing a state code
that is related to the calculation of the affordability prices, and it says it's subject
TO AN EQUITY SHARING AGREEMENT AS WE IMPLEMENT IT HERE IN THE CITY WE DON'T USE AN EQUITY SHARING
AGREEMENT SO THAT PART OF THE PROVISION WOULD APPLY IF ANOTHER CITY HAD AN EQUITY SHARING
COMPONENT TO THE PROGRAM THEN THAT WOULD LIKELY APPLY IN OTHER CITIES BUT NOT IN THE WAY WE
IMPLEMENT IT HERE IN MOUNTAIN VIEW HOPEFULLY THAT ANSWERS YOUR QUESTIONS AND HAPPY TO ANSWER IF
YOU HAVE ANY FOLLOW-UP QUESTIONS THANK YOU FOR THE CLARIFICATION DIRECTOR CHEN JUST A QUICK
question on the last point you made so if Mountain View doesn't have an equity
sharing agreement is it correct to on is my understanding correct that the
homeowner then gets to take the whole upside should there be an increase in
the value of the home at sale given the prevailing AMI yeah it would be based on
on these lower of the three threshold provisions.
So it would be the lower of market price,
the lower of a price that's adjusted by inflation
or the lower of whatever would be the affordable level
that is at that same income level.
That same income level over time
is still gonna get adjusted higher.
But our BMR program is essentially really set up to maintain the affordability of the unit, even if it changes hands over time.
Typically, equity share programs, as you may know, are set up so that the unit can be sold at market.
The equity share is captured, but that affordability for that unit is gone.
The equity share is invested in another unit, but the approach that Mountain View has is a different one.
it's to maintain and preserve the affordability of the housing stock.
So that's why we don't have it structured that way under an equity share program.
Thank you.
Vice Chair Donohue.
I have hopefully a quick question.
These are affordable in perpetuity, not for some fixed period of time?
That's correct, in perpetuity.
Okay, thank you.
Any other questions?
No, okay, all right.
Let's proceed with public comment.
Anyone in attendance would like to provide comments
on this item, please fill out a yellow speaker card
and provide it to the EPC clerk.
If anyone on Zoom would like to provide comment
on this item, please click the raise hand button in Zoom
or press star nine on your phone.
Phone users can mute and unmute themselves with star six.
Madam Clerk, do we have anyone having submitted
the other speaker cards or in the Zoom queue?
I don't see anyone online.
We do have one in-person speaker.
Oh, it looks like we have one online so far.
Okay, all right.
So in-person speaker is Alex Andrade.
Thank you very much.
I think, can we get the clock for the three minutes on
before we start?
Thank you very much.
As mentioned, my name is Alex Andrade.
I am a resident of Mountain View since 2003.
And I live on Devonshire, just down the street from the proposed project.
And I'm really here under two hats.
One as a resident and one as an economic development professional.
So I want to make two points.
Number one, thank you to the planning commissioner who talked and asked the question about
the community engagement. That was one of my thoughts. The staff report clearly states that
city staff recommends that the applicant host a community meeting. However, while not mandatory,
the applicant opted to not have a community engagement meeting. So this is somewhat a
rhetorical question, but why would the applicant who wants to be a partner with the city and the
community members that live nearby not provide an opportunity for the community to learn and ask
questions about the project. And so before I get to my second question, I'll just pause and let you
sit on this or with this. Is this or is this not a public process? My second point here is, as I
mentioned earlier, I'm kind of here at the intersection of being a housing advocate,
specifically an affordable housing advocate, but also wearing my economic development hat
because I've worked at various cities in Silicon Valley, actually including this city,
just to be fully transparent.
With respect to the development team, I have recently started getting better informed about the residential project.
So I just want to say I may not have all the information about the process.
And really, I'm not here to say I'm supporting the project or I'm against the project, but I think it's really important wearing my economic development hat that every decision that you make on land use and zoning does have a fiscal component to it and a fiscal impact to the city.
So we're looking at a site that at one point was a pretty vibrant employment and activity center.
Today, that's not the case.
Since the pandemic, this area has likely been a depreciating asset.
And as the applicant indicated, it's a pretty simple formula.
If it pencils out, the project moves forward.
If it doesn't, then that's it.
But if the project moves forward, there's a fiscal impact to the city.
These new residents, and I don't know how many, but I'm sure it's hundreds of residents,
and I've got to make this quick because I only have a few seconds,
they're going to require public facilities, infrastructure, and that comes with a cost.
So I would say to the city to make sure that you fully understand the fiscal impact of this project.
If a fiscal impact analysis has not been done, maybe that's something you should take a look at
so that the city's not left holding the bag.
Thank you, sir. Appreciate it.
Thank you very much for your commentary.
Madam Clerk, we have, I believe, Zoom.
One speaker online, Stephanie Chen, you should be able to talk now if you unmute.
Hi. I just wanted to say as a local neighbor to the area, I live basically on Wisman and Walker,
and my family and I oppose this project because we were just aware of it two months ago as we take our daily walks.
We saw the signs posted, and it was just to our surprise.
And I guess we're just frustrated with the whole process, knowing that this happened out of nowhere.
Again, the neighbors were not notified of any of this.
It's going to cause a lot of traffic to our neighborhood with all the high-density housing.
And just getting rid of the heritage trees, again, that provide a lot of shade.
and their beautiful trees, just getting rid of them is just kind of like, well, what happens to,
you know, the local wildlife and just maybe you could just not build as many houses. We've lived
here for over 20 years and this is just a big disappointment to our area. And I really wish that
the community was more involved in this.
I think that's pretty much what I wanted to voice
to everyone there.
Thank you very much.
Do we have any other speakers?
No, there's speakers.
Okay, all right, having no more speakers.
We will proceed to EPC deliberation and then action.
Anyone on the commission like to take a stab
at sharing their initial commentary?
Commissioner Subramanian.
Thank you, Chair.
I will start off by commanding the applicant
for really trying to intensify the density on the site.
and fitting in as many housing units.
As we always say, we need all the housing we can get,
so please bring it to Mountain View,
and we're grateful that we're able to build up as much density
that's in accordance with the vision that was set out
for the East Wiseman Precise Plan.
So I want to make a note of that.
That said, I think you've heard it loud and clear.
Community engagement is always a good thing.
I don't think it adds months, days, probably a few hours at best, but it is, it's a good
way to build goodwill with your neighbors, future neighbors, and to make sure that you
have all the support, even if it's not required under the newly mandated state process.
So I highly encourage you to consider that on this project and going forward.
I also want to make a point about some of the things that were noted around heritage tree preservation.
I think, as Commissioner Cranston pointed out, there are the best heritage trees that are located closer to the sidewalk on Wiseman.
So if at all it is possible to rethink within the bioswale design a method for preserving
the four or five trees that are in the best condition as noted in the Arborist report.
I think that would also go a long way in holding on to some of the best components of the site.
And then my last point that I wanted to make is around the BMR units.
you to Director Chan for bringing back all that detail but I do want to point
out that it's an interesting problem that in the in in the tone of creating
the missing middle the missing middle is not so much the middle in Mountain View
at 200% AMI and you know with the numbers that he provided at 1.8 million
Essentially, homeownership has been a tool for wealth creation.
And if the idea long term is to turn over these units without too much upside for the occupant or the homeowner to get in the long term,
it's a pretty big lift I think to ask for even a 20% down payment on a 1.8
million dollar townhome is 360,000 which is a lot of pocket change to put down
to buy into this program so I think this is something that we as a city need to
think about more in terms of whom we're extending the support to so this may not
be so specifically to the applicant, but a general note for how we're thinking about
developing middle-income home ownership.
And those were the comments I wanted to make.
Thank you, Commissioner Sivramanian.
Any other commissioners would like to—yep, Commissioner Cranston?
When we put together the East West and Precise Plan, this is the kind of thing we were hoping
for was getting residential in this area.
I think a lot of thought was put into the standards that were put in place at the time
and the reasoning behind those.
And so while the fact that these are three-bedroom and four-bedroom units, I'm all for that.
My kind of general comment for staff is nothing more.
Okay. A concession and 20 waivers is like, I was shocked. Okay. They're not, they're,
none of them are like egregious, but there's a lot. And the design of the precise plan had
things thought in mind, how these would work, how things would fit into the area. And I can't
change all these, but I know other developers have come forward and said, give me a 10-year
development agreement. I would say tell Council at least one commissioner says no. Okay. They
submit it. They get what they the normal process and they need to live within that because they're
already in my mind going well beyond what I would have expected on these things. Like Commissioner
Subramanian I would love to see some of those trees along the front saved. A lot of the ones
are listed as heritage trees. I drove around the property for a while and like that's a heritage
tree but the ones along east westman they're their heritage trees so try to find some way
to go after that but um in general i mean it's it's in in general it's in line with the precise plan
um i understand why you did what you did and so i'll support the project but uh
nothing past that is my would be my message
Mayor Redekop.
Commissioner Dempsey.
Thank you, Mr. Chair.
Something quick and then something hopefully a little bit quick.
Given the discussion that we had tonight, spurred clearly by this very late hit Hogan
letter, which by the way I recognize that letters come in super late, that's not always
the best way to do things.
would have been really helpful is if there had been some discussion in the
staff report about the Superfund nature of the site. I think I was that the the
letter hit me the way that it did because I didn't actually grok that that
was a Superfund site. So I think when it goes to council just please have some
coverage in the staff report about that and I think you said then you sort of
inoculate people from being surprised. So there's a comment I want to make and I
I say this recognizing I don't really want to lay it at the door of the applicant.
This is actually sort of a macro, something I've been struggling with for a while,
and it's sort of one of the perhaps unintended consequences of the density bonus law.
But I guess I have an increasing discomfort with where BMR is headed.
Like when I look at the way that, and again, for the applicant,
they're trying to optimize for what's permitted under the law.
That's like their fiduciary duty.
I have no criticism of that.
But I will use this particular case to demonstrate something that's making me uncomfortable.
So when we look at the way the BMR is handled here, there was literally a special class of, not apartment, but unit that's like 20 to 25% smaller than the rest, specifically created for BMR.
They made 40, and all 40 are going to BMR.
And they're like 300 square feet smaller than the next smallest unit.
And I understand the economics for that, and I don't criticize that.
But my understanding was of the BMR, the entire BMR program is that we wanted inclusionary housing.
We wanted, when we were going to do BMR, we want everybody mixed together so you could hardly tell.
I remember years ago we would have conversations about where the BMR units would be in a development,
and we really wanted them scattered all over so you couldn't really tell.
There wasn't like a specific building where all the, you know, the BMR kids lived.
Because that kind of terrifies me, if I'm being honest.
Like if anybody who grew up in the 70s and 80s, you might remember here in California that if you had subsidized lunch, you had a different color lunch card.
And all the other kids knew who had subsidized lunch.
They knew.
I know people now for whom that memory is burned in their brains 40 years later.
That stigma is very, very real.
And so when I look at this, we have literally a separate class of unit for BMR.
My understanding is, and I didn't see it on a map, I would be interested to see it at some point,
that there is a pretty heavy clustering of the BMR units in, I think it was neighborhood one.
I don't know where this ends.
That's my concern because density bonus means you can kind of,
they can kind of just say, hey, look, it's how it pencils out.
This is what we get.
And if we end up in a world where BMR means special extra small units all put
in one little building off in a corner, I think we failed our community.
But I don't see what is going to stop us sliding towards that because I keep
seeing this in proposal after proposal after proposal that there is a density bonus law
application. And so again, thank you for the forbearance of me bringing this up, which is a
this is a systemic problem. So it's not just the applicant. I don't mean to critique the applicant
for it, but this is bothering me. And I don't have any power really as an EPC commissioner,
let's be honest, right? All I can really do, the only thing left for me to do is try to speak for
the people that I live with and I know in Mountain View.
That's kind of all I got left.
And so on their behalf, I would simply say,
we are falling away from the spirit of being inclusionary,
and that is concerning to me.
And I hope we could find some way to kind of inch our way
back towards being a little bit more inclusionary,
because I don't like where this is headed.
Thank you for your forbearance, my friends.
Thank you.
Thank you.
Vice Chair Donohue.
I feel the same way.
And that, yeah, when I was reading the packet that was like my number one comment that I
really wanted to make tonight.
But you said it much better than I ever could.
I, but that's the way the rules work and unfortunately there's nothing we can do about that.
Also I mean I have other concerns about the parkland dedication, the in-lieue fees, that
stuff.
You know, unfortunately there's nothing we can do about that with the Supreme Court.
I have concerns about the heritage trees.
I used to be on the Parks and Recreation Commission,
so I think about that so that I'm into parks.
I used to be on the Urban Forestry Board,
which is really the same body.
And so the heritage trees are concerning to me,
but there's kind of nothing we can do about that.
One other thing that I'm concerned about, I guess I'm being very negative here, but
these are just, really I'm just sharing my concerns right now.
I'll get to some good things in a minute.
The Street A and the precise plan, not the Street A in the project, the fact that that's
not going to be built on this property or there's no easement for that, no provision
for that, really kind of breaks up and messes up, in my mind, the whole precise plan.
I grew up in this strange neighborhood where you could optionally have a sidewalk, and
And so there was like a house that just had a sidewalk, and then the next house didn't have a sidewalk.
And we didn't have a sidewalk, but our next-door neighbors did.
So their sidewalk just went nowhere.
It just went to the property line and just ended.
It was like, what's the point of this?
So having something like that just doesn't make any sense.
And I'm afraid that basically this is going to just kind of scuttle that whole street and that thing that was so carefully planned in the precise plan.
I do have also some concerns about the lack of the community meeting and as Commissioner
Subramanian said, it's just goodwill.
You know, there was a public speaker tonight who was talking about lack of a meeting and
I think that that's spend an evening,
hear what people have to say, get some feedback,
and then it doesn't reflect,
then the staff report doesn't say
you didn't have a meeting.
That's kind of seen as a negative
that you didn't have a meeting.
But on the other side, I think it meets the,
generally the goal of this area of the precise plan,
it's ownership units, BMR ownership units,
I think are great.
I mean, we only have 14.
I think this is great.
This will really add to that stock.
I think that the, I do have some concerns
about the kind of the Superfund site, of course,
as everybody has said.
And of course, you know, we have to trust in the EPA
for that.
And yeah, I think that overall,
I will be supporting the project
because I think that it,
while there are a lot of waivers,
probably more than I would like to see,
I think it generally is kind of in the spirit
of the precise plan and it will bring
much needed housing to this area.
Thank you.
Any other commentary?
No?
Okay, I will make my commentary.
I'll also try to keep it brief.
Yeah, the BMR thing kind of like, kind of sucks, you know?
I mean, like, it's pretty obvious what you're doing.
And as someone who, I was going to say has grew up poor, but I might still be poor, actually.
So I understand that purchasing power is a thing.
And so I think in terms of Commissioner Dempsey,
your commentary on this being a systemic thing,
I agree and I think the solution might be
trying to plug in with our local legislators
who have been very active in advancing housing law
to maybe look at some of these less savory aspects
of the laws that have recently passed and maybe, you know, at the state level try to
require a general consistency in terms of distribution of size, quality, material, because
like you knew what you were doing, right?
Like, you know what I mean?
And so, I mean, it's almost like, you know, developers are just like economic creatures
and they're just like going to, you know, default to the floor of what they need to
do to get the pro forma to become reality.
And so along those lines, yeah, the main thing I was concerned about was just having said
that and acknowledging some of the BMR elements.
The main thing that I was concerned about and I'm concerned about is just the long-term
habitation of the site.
and it sounds like there are controls in place
and safeguards and incentives
that the public can at least have some assurance on
that will drive some addressment of that matter.
So to that end, I'm pretty, A, constrained by state law
and also supportive of the state law
and the ability for us to have more housing than less.
So I think, I don't know, to the extent there are or aren't other commentaries.
I mean, Commissioner, Subraman, go for it.
Sorry, I forgot one more point.
On the topic of trees, I also noted that given the amount of trees that are being taken away
and the new ones that are due to be or proposed to be planted,
that the canopy is pretty small at the start.
and so my request would be for the applicant to consider some more mature
grown trees to be planted in so there's at least a semblance of shade when the
project takes takes shape.
That was it.
Any other comments?
Concerns?
Nope.
Yeah to the extent that anyone would like to make a motion in that case or propose
any other form of action?
That would be the time.
Commissioner Cranston.
Commissioner Cranston would like to make a motion.
Anyone make a second?
I brought my glasses this time.
It's in the
PowerPoint
is what I should be reading, right?
You can read the blue thing.
I will second it.
If it's here.
I move that the
The Environmental Planning Commission recommend the City Council 1 adopt a resolution to the City Council of the City of Mountain View approving the planned community permit, development review permit, provisional use permit to construct a 195 three-story attached row house utilizing state density bonus law.
heritage tree removal permit to remove 137 heritage trees on a 10-acre site at 515 and 545 North
Richmond Road, APNS 16054002 and 16054003, and a determination that the project is statutorily
compliant exempt from CEQA under section 21080.66 of the Public Resource Code to be read in title only.
Further reading waived, Attachment 1 of the Staff Report.
With the staff proposed modifications to Attachment 1, Exhibit A, Conditions Approval 5, 14, 24, 34, 41, 47, 59, 103, 106, 118, 119, 135,
146, 157, 158, and 159.
And number two, adopt a resolution of the City Council of the City of Mountain View,
conditionally approving a vesting preliminary parcel map to create 30 residential lots
with 195 condominium units and 26 common lots on a 10-acre lot of 515 and 545 North Wisman Road,
APNs 160-54002 and 160-54003.
For condominium purposes to be written title only,
further waived, attachment 2 of the EPC staff report
with the staff proposed modifications to attachment 2,
Exhibit A conditions approvals 1 and 22.
Quick question.
Does that capture the desk item?
Yeah, okay, perfect.
Just wanted to make sure.
Okay.
And just to clarify the staff,
the presentation did have a typo.
It is supposed to be 139 heritage trees.
139 heritage trees and item number one.
Thank you.
The motion carries.
Six votes yes, one absent.
Let's proceed.
All right, it looks like we're skipping from item five to item seven.
Sorry, it should be six.
Six.
Okay.
Thank you.
Commission staff announcements, updates, requests,
and committee reports.
Does anyone have announcements, updates, requests,
or reports?
Commissioner?
I have a question for the director.
I would, I think it'd be helpful for us as a commission
to understand following the discussion
at the last council meeting on the recommendations
that staff made regarding process around the AB 130 process
and what it means for project reviews in the future
and the role of the EPC.
Yes, thank you.
Commissioner, good evening, Chair, Vice Chair,
Commissioners, Christian Murdock, Community Development Director. So as Commissioner Subramanian
mentioned, the City Council on January 27th considered an item related to Senate Bill 79
and Assembly Bill 130, two important statutes that affect the City's land use regulations and
development review process. The City Council provided direction on January 27th to prepare
an ordinance under Assembly Bill 130 that would create a ministerial review and approval process
for projects eligible for the statutory exemption.
So, for example, the project tonight under the new ordinance
would have gone through a staff-level review only,
given the very limited discretion associated with state housing laws
and the environmental review process.
So we are working on an ordinance to carry out that direction
for Council currently and are driving to have that
in front of City Council before their summer recess,
given the need to continue to process projects throughout the year.
One of the other elements of direction was to prepare an ordinance under Senate Bill 79 to exempt historic resources that are on the local register as of January 1st, 2025.
It's one of the allowances under SB 79 where cities can exempt those properties from application of the height, density, floor ratio, standards, and so forth.
So we are going to work on an ordinance for that as well.
The council also discussed preparing implementation standards under SB 79.
That's something that we proposed and council supported building off of the adopted R3 zoning standards when that process concludes later this year.
So that's work that will carry into 2027.
And so that's sort of the second phase, if you will, of direction from council.
And then the sort of third category that council talked about was preparing a transit-oriented development or TOD alternative plan under SB79.
Most of the discussion focused on applying that to the downtown area, specifically Area H of the downtown precise plan.
but there was some discussion and interest among council members of perhaps preparing for a broader area of the downtown
and potentially some other TOD zones that are affected by SB 79.
We have five stations in Mountain View that range from San Antonio all the way to the border with Sunnyvale.
So more to follow on that for City Council to consider at a later date,
sort of the breadth and extent of such an alternative planning process.
Thank you for that report back, Director.
So in terms of developing the ordinance for the administerial approval at the zoning administrator
level, can you share any thoughts on how the EPC might still serve as an advisory role,
if at all, and for there to be a very clear way
for the public to engage, I understand there is
a public comment period with the zoning administrator,
but is there a way where some of the visibility
that happens with items that come to the EPC
for discussion have a similar visibility in that process?
So we're still in the very early stages
of developing a ministerial approval process under AB 130.
What we did propose and council supported
was a courtesy notice.
Typically ministerial processes do not have public noticing
given there's no public hearing.
But in this case, given the unique nature of this process
and the fact that some of these projects
could be very large under AB 130 project sites
can be up to 20 acres in size.
And so some very sizable projects
could be subject to that process.
So we anticipate that this would include a courtesy notice,
similar to public notices for hearings,
that would at least ensure that the community is aware
of these projects being submitted and undergoing processing.
We're trying to find the right point
in the project review process to provide that notice.
Earlier is better,
but it needs to be after the project's sufficiently complete
in order to characterize the project accurately
for the community.
We've also contemplated trying to provide a written comment opportunity,
given there would be no public hearing.
There wouldn't be a live public comment opportunity like EPC hearings, for example.
So some sort of written comment opportunity.
So at least if we missed something or there's different ways to interpret a particular code,
there's an opportunity for the public to identify that
and for that to be considered before staff makes a final decision on the project.
As it pertains to the ordinance itself,
that is an ordinance that would require a recommendation from EPC.
So the EPC will see that ordinance before it goes to city council,
given it would be a zoning ordinance that does require under state law that
the EPC weigh in and offer a recommendation.
Beyond that,
there's a range of other projects that would continue to be subject to an EPC
recommendation to city council,
primarily projects located in certain precise plan areas and, you know,
other non-residential projects that would not be subject to AB 130.
Thank you.
All right.
Seeing no more questions, are we still on track for our next meeting in two weeks?
Yes.
Our next TPC meeting is going to be on February 18th on schedule.
All right.
Thank you.
In that case, this meeting is adjourned at 9.01.
Discussion Breakdown
Summary
Mountain View Environmental Planning Commission Meeting (2026-02-04)
The Environmental Planning Commission (EPC) approved prior minutes and held a public hearing on the Roadhouse Project (515–545 N. Whisman Rd.), a 195-unit rowhouse development processed under AB 130’s CEQA statutory exemption. Commissioners asked extensive questions about Superfund-site conditions and AB 130 eligibility, parkland in-lieu fee calculations after the Sheetz decision, BMR ownership structure and pricing, tree removal, street connectivity, emergency access, and community engagement. The EPC ultimately voted to recommend project approval to the City Council with desk-item condition modifications.
Minutes Approval
- Approved EPC minutes of October 1, 2025.
- Vote: 5-0-1 (Subramanian abstained; Gutierrez absent).
Oral Communications
- None.
Public Hearing: Roadhouse Project – 515–545 North Whisman Road
Project Description (as presented by staff/applicant)
- Demolish two vacant office buildings and surface parking on an ~10-acre site in the East Whisman Precise Plan (Mixed Use Low Intensity).
- Construct 195 three-story rowhouse condominium units in 30 buildings.
- Entitlements requested:
- Planned Community Permit, Development Review Permit, Provisional Use Permit
- Heritage Tree Removal Permit (remove 139 of 151 heritage trees)
- Vesting Tentative Map: 30 residential lots (195 condo units) + 26 common lots
- Open space:
- 0.24-acre publicly accessible mini-park (SE corner)
- 40,275 sq ft common open space; publicly accessible paseo connections
- Trees:
- Remove 139 heritage trees; replace at >2:1 ratio (282 new trees + 158 accent trees = 440 total new trees); staff stated canopy at maturity would exceed existing.
- Parking (voluntary; no minimum requirement):
- 390 garage spaces + 30 guest spaces
- 195 long-term bike spaces + 24 short-term bike spaces
- Affordable housing (BMR):
- 46 units (stated as 25% of base units)
- 28 units restricted to 80–120% AMI (moderate, consistent with City requirements)
- 18 units proposed at 100% AMI average under an alternative mitigation approach intended to support “middle-income homeownership” goals
- Project eligible for a 10% density bonus, one concession (affordable-unit dispersion), and multiple waivers.
- Environmental review:
- Staff stated the project is processed under AB 130 statutory infill exemption to CEQA; consistency determination under AB 130 had not yet been formally made at time of EPC hearing due to statutory timelines.
Discussion Items (Commission questions and deliberation)
-
Superfund / AB 130 eligibility / Cortese list concerns
- Commissioner Dempsey asked about a late letter (Hogan Lovells) questioning AB 130 eligibility and whether the site should be on the Cortese list.
- Planning Manager Eric Anderson stated the site is a known Superfund site within the MEW area and that the City has an established process with EPA for safeguards and review primarily at building permit and occupancy stages.
- Staff stated AB 130 eligibility is prescriptive to the specified list and does not provide discretion to go outside it for DTSC verification; if AB 130 did not apply, staff said the project would likely proceed under the East Whisman Precise Plan program EIR via a consistency clearance.
- Commissioners emphasized safety and enforceability; staff stated conditions addressing vapor intrusion and EPA coordination are enforceable and that desk-item edits were prepared before receipt of the late letter.
-
Parkland dedication / in-lieu fees after Supreme Court decision
- Vice Chair Donohue questioned why the calculated in-lieu fee was reduced relative to a simple fair-market-acreage calculation.
- Assistant City Attorney Selena Chen stated the calculation was adjusted due to U.S. Supreme Court decision Sheetz v. County of El Dorado (2024) requiring nexus and rough proportionality; City is conducting a nexus study.
-
BMR ownership mechanics and pricing
- Questions covered income qualification, resale restrictions, and whether ownership units are verified annually.
- Housing Director Wayne Chen stated:
- Ownership BMR units do not have annual income re-verification; eligibility is determined at purchase.
- Units remain affordable in perpetuity; resale is limited to maintain affordability.
- Projected BMR sale prices (approx.):
- 3-bedroom: just under $1.3M to about $1.6M
- 4-bedroom: just under $1.4M to just under $1.8M (160%–200% AMI range)
- BMR program assumes 20% down payment; program would not allow an all-cash purchase that indicates substantial means.
- A cited “equity sharing” reference in a resolution was described as a state code reference; Wayne Chen stated Mountain View does not implement an equity-share model (instead maintains affordability through resale price limits).
-
Design waivers / density bonus law constraints
- Commissioners discussed the project’s request for one concession and 20 waivers, including a waiver related to ground-floor plate height; staff explained the waiver rationale as avoiding physical impacts to unit yield due to stair/height impacts.
- Commissioners expressed concern that state density bonus law limits City discretion to require design changes.
-
Trees and stormwater bioretention location
- Commissioners (notably Cranston) expressed concern about loss of prominent heritage trees along N. Whisman frontage.
- Applicant team stated the bioretention location was influenced by the required transition setback and site drainage direction.
- Commissioners encouraged preserving the best-condition trees if feasible and suggested planting more mature replacement trees to provide earlier canopy.
-
Street network / Street A dedication
- Commissioner Subramanian asked about impacts of waiving Street A dedication.
- Public Works (Renee Gunn) stated Street A was intended for local access (deliveries, service) and bike/ped connectivity; traffic modeling for the Precise Plan did not rely on new local streets. Future projects may still be asked for Street A dedications, though the ultimate configuration may evolve.
-
Fire access and utilities
- Commissioners asked about emergency vehicle access; staff stated Fire/Building reviewed and approved turning radii and access at entitlement level.
- Utilities undergrounding/power lines: staff stated the project does not include utility undergrounding.
-
Neighborhood meeting / community engagement
- Commissioners and public commenters criticized the applicant’s choice not to hold a neighborhood meeting.
- Staff clarified the City encourages neighborhood meetings.
- Applicant stated they declined due to confidence in product and to avoid extended timelines; multiple commissioners stated community engagement builds goodwill.
Public Comments & Testimony
- Alex Andrade (Mountain View resident; economic development professional)
- Position/concerns: questioned why the applicant did not hold a community meeting; urged the City to evaluate the fiscal impacts (costs of facilities/infrastructure) of converting an employment site to housing.
- Stephanie Chen (neighbor near Whisman/Walker)
- Position: opposed the project.
- Concerns: lack of notice/community involvement, traffic, and heritage tree removal; urged fewer homes and more preservation.
Key Outcomes
- Roadhouse Project recommendation to City Council (entitlements + AB 130 CEQA exemption):
- EPC recommended approval of:
- Planned Community Permit, Development Review Permit, Provisional Use Permit
- Heritage Tree Removal Permit (staff clarified 139 heritage trees)
- Determination of statutory CEQA exemption under Public Resources Code §21080.66 (AB 130)
- Included staff’s desk-item modifications to conditions of approval.
- Vote: 6-0 (Gutierrez absent).
- EPC recommended approval of:
- Vesting Tentative Map recommendation to City Council:
- EPC recommended approval (30 residential lots/195 condo units + 26 common lots), with desk-item condition edits.
- Vote: 6-0 (Gutierrez absent).
Staff Announcements / Policy Updates
- Community Development Director Christian Murdock reported City Council direction (Jan. 27, 2026) to:
- Draft an AB 130 ministerial approval ordinance (would move eligible projects to staff-level review with courtesy notice and potential written comment opportunity; ordinance to come to EPC for recommendation).
- Draft an SB 79 ordinance to exempt locally registered historic resources (as of Jan. 1, 2025) from SB 79 standards.
- Develop SB 79 implementation standards (building off R3 work) into 2027.
- Consider a TOD alternative plan (discussion emphasized downtown Area H, with possible broader station-area scope).
Adjourned: 9:01 p.m.
Meeting Transcript
2026, I will call the meeting to order at 7 p.m. For those joining us in person, please note that due to our hybrid environment, audio and video presentations can no longer be shared from the lectern. Requests to show an audio or video presentation during a meeting should be directed to epc at mountainview.gov by 4.30 p.m. on the meeting date. Additionally, due to our hybrid environment, we will no longer be having speakers line up to speak on an item. Anyone wishing to address the EPC in person must complete a yellow speaker card. Please indicate the name you would like to be called by when it is your turn to speak and the item number on which you wish to speak. Please complete one yellow speaker card for each item on which you wish to speak and turn them in to the EPC clerk as soon as possible but no later than the call for the public comment on the item you are speaking on. Instructions for addressing the commission virtually may be found on the posted agenda. Now I will ask the EPC clerk to please proceed with the roll call. Madam Clerk. Commissioner Cranston? Commissioner Dempsey? Here. Commissioner Gutierrez? Commissioner Pham? Here. Commissioner Supermanian? Here. Vice Chair Donohue? Here. Chair Nunez? Here. Six commissioners are present. Commissioner Gutierrez is absent. Thank you very much, Madam Clerk. Okay, we will move on to the next meeting. Okay, we will move on to having completed item number two roll call. We're moving on to item number three, the minutes approval. And agenda item 3.1, the Environmental Planning Commission meeting minutes of October 1st, 2025. Is there any EPC discussion on the meeting minutes of October 1st, 2025? No. Public comment. If anyone in attendance would like to provide comments on the minutes, please fill out a