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.
City Council · Court
| Date | Event | What the record shows |
|---|---|---|
| February 1, 2023 | Developer Files 85-Unit Builder's Remedy Proposal | The 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, 2023 | State Certifies Mountain View Housing Element | HCD 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, 2024 | YIMBY Law Threatens To Sue | A 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, 2024 | Hearing Recommendation Postponed Over Conditions | The 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, 2025 | Staff Recommend Approval With Conditions | At 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, 2025 | Council Approves 80 Condos, 6-1 | John 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, 2025 | Neighbors Sue To Halt Project | The 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/ |
| Date | Body | Action | Vote | Staff rec. | Source |
|---|---|---|---|---|---|
| April 8, 2025 | City Council | approved | 6–1 | Approve | Mountain View Voice: https://www.mv-voice.com/housing/2025/04/09/mountain-view-reluctantly-approves-seven-story-builders-remedy-project/ |
| May 14, 2025 | Court | lawsuit filed | — | Unknown | Mountain View Voice: https://www.mv-voice.com/housing/2025/05/20/mountain-view-residents-sue-city-to-halt-seven-story-builders-remedy-project/ |
Rating 3 of 5. Multiple sources, including at least one primary record. Corrections: https://whokilledthebuilding.com/corrections.