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Who Killed the Building? · Case brief · October 22, 2026

294-296 Tyrella Avenue Condominiums

Mountain View · Santa Clara County · California · https://whokilledthebuilding.com/projects/mountain-view-tyrella-2023

Forrest Linebarger of Tower Investments owns a 0.48-acre corner lot at 294 and 296 Tyrella Avenue and Middlefield Road in Mountain View, where the council had approved an 11-unit rowhouse plan he proposed in 2021 and where he proposed 33 units in April 2022. On February 1, 2023, the day after the state housing element deadline, he submitted a six-story, 85-unit builder's remedy proposal with 17 affordable units; the site's development standards allow 17 units. HCD found the city's housing element compliant on May 26, 2023. Staff first told him to withdraw the earlier application, then said he could keep both, and the city said it was waiting for deposits it requires of all "complex projects" rather than delaying him. In 2024 YIMBY Law and the California Housing Defense Fund threatened to sue over the city's proposed conditions of approval, and on November 13, 2024 staff postponed a recommendation after the developer's attorney asked for more than 30 substantive revisions to the more than 200 conditions. After a March 12, 2025 hearing at which the planning division recommended approval with conditions, the council approved a seven-story, 80-unit version on April 8, 2025 by a 6-1 vote, with John McAlister opposed, and declined to extend the permit term. On May 14, 2025 neighbors organized as the Whisman Action Committee sued the city and the developer, alleging violations of CEQA, the Seismic Hazards Mapping Act and the city's affordable housing ordinance, and asked for a stay; the suit says the site is in a documented liquefaction zone and objects that all the affordable units are studios. The city says it does not believe it violated those laws. No ruling had been reported as of October 2026.

Project facts

JurisdictionMountain View, Santa Clara County
StatusLitigated
Project typeFor-Sale Residential
Address294-296 Tyrella Avenue, Mountain View, CA 94043
Units proposed80
Floors7
Date filedFebruary 1, 2023
Date approvedApril 8, 2025
Delay26 months
Housing elementIn compliance (HCD)

Mechanism and what it did

Decision-making bodies

City Council · Court

Timeline

DateEventWhat the record shows
February 1, 2023Developer Files 85-Unit Builder's Remedy ProposalThe day after the housing element deadline, Linebarger submits a six-story, 85-unit plan with 17 affordable units. Mountain View Voice: https://www.mv-voice.com/news/2023/02/17/what-does-builders-remedy-mean-for-mountain-view-a-local-developer-is-trying-to-find-out/
May 26, 2023State Certifies Mountain View Housing ElementHCD finds the housing element in substantial compliance, closing the city to new builder's remedy filings. Mountain View Voice: https://www.mv-voice.com/news/2023/05/27/state-approves-mountain-views-housing-element/
April 9, 2024YIMBY Law Threatens To SueA YIMBY Law letter accuses the city of imposing "unlawful conditions of approval" and urges approval without them. Mountain View Voice: https://www.mv-voice.com/city-government/2024/06/24/mountain-view-lawsuit-threat-builders-remedy-project-yimby-law/
November 13, 2024Hearing Recommendation Postponed Over ConditionsThe developer's attorney asks for more than 30 substantive revisions to more than 200 conditions of approval, and staff postpone a recommendation. Mountain View Voice: https://www.mv-voice.com/housing/2024/12/02/developer-digs-in-with-threats-of-litigation-over-builders-remedy-project-in-mountain-view/
March 12, 2025Staff Recommend Approval With ConditionsAt a planning division hearing, staff recommend that the council approve an 80-unit version with conditions; Linebarger says the latest conditions make it infeasible. Mountain View Voice: https://www.mv-voice.com/housing/2025/03/13/seven-story-mountain-view-builders-remedy-project-nears-approval/
April 8, 2025Council Approves 80 Condos, 6-1John McAlister votes no. The council declines to extend the permit term. Mountain View Voice: https://www.mv-voice.com/housing/2025/04/09/mountain-view-reluctantly-approves-seven-story-builders-remedy-project/
May 14, 2025Neighbors Sue To Halt ProjectThe Whisman Action Committee alleges violations of CEQA, the Seismic Hazards Mapping Act and the city's affordable housing ordinance and seeks a stay. The city is served May 16. Mountain View Voice: https://www.mv-voice.com/housing/2025/05/20/mountain-view-residents-sue-city-to-halt-seven-story-builders-remedy-project/

Decisions

DateBodyActionVoteStaff rec.Source
April 8, 2025City Councilapproved
Approved the 80-unit condominium project; John McAlister voted no.
6–1ApproveMountain View Voice: https://www.mv-voice.com/housing/2025/04/09/mountain-view-reluctantly-approves-seven-story-builders-remedy-project/
May 14, 2025Courtlawsuit filed
Whisman Action Committee suit against the city, also naming the developer; seeks a stay.
—UnknownMountain View Voice: https://www.mv-voice.com/housing/2025/05/20/mountain-view-residents-sue-city-to-halt-seven-story-builders-remedy-project/

Sources

  1. What does builder's remedy mean for Mountain View? A local developer is trying to find out, Mountain View Voice (Malea Martin), February 17, 2023 [News Article]. https://www.mv-voice.com/news/2023/02/17/what-does-builders-remedy-mean-for-mountain-view-a-local-developer-is-trying-to-find-out/
  2. Mountain View becomes one of two Santa Clara County cities with a compliant housing element, Mountain View Voice (Malea Martin), May 27, 2023 [News Article]. https://www.mv-voice.com/news/2023/05/27/state-approves-mountain-views-housing-element/
  3. Mountain View faces threat of lawsuit over alleged 'end run' around builder's remedy for seven-story project, Mountain View Voice (Emily Margaretten), June 24, 2024 [News Article]. https://www.mv-voice.com/city-government/2024/06/24/mountain-view-lawsuit-threat-builders-remedy-project-yimby-law/
  4. Developer digs in with threats of litigation over builder's remedy project in Mountain View, Mountain View Voice (Emily Margaretten), December 2, 2024 [News Article]. https://www.mv-voice.com/housing/2024/12/02/developer-digs-in-with-threats-of-litigation-over-builders-remedy-project-in-mountain-view/
  5. Seven-story Mountain View builder's remedy project nears approval, Mountain View Voice (Emily Margaretten), March 13, 2025 [News Article]. https://www.mv-voice.com/housing/2025/03/13/seven-story-mountain-view-builders-remedy-project-nears-approval/
  6. Mountain View reluctantly approves seven-story builder's remedy project, Mountain View Voice (Emily Margaretten), April 9, 2025 [News Article]. https://www.mv-voice.com/housing/2025/04/09/mountain-view-reluctantly-approves-seven-story-builders-remedy-project/
  7. Mountain View residents sue city to halt seven-story builder's remedy project, Mountain View Voice (Emily Margaretten), May 20, 2025 [News Article]. https://www.mv-voice.com/housing/2025/05/20/mountain-view-residents-sue-city-to-halt-seven-story-builders-remedy-project/
  8. Year in Review: Taking a look back at 2025 in Mountain View, Mountain View Voice (Emily Margaretten), December 29, 2025 [News Article]. https://www.mv-voice.com/mountain-view/2025/12/29/year-in-review-taking-a-look-back-at-2025-in-mountain-view/

Data quality

Rating 3 of 5. Multiple sources, including at least one primary record. Corrections: https://whokilledthebuilding.com/corrections.