Mountain View EPC backs package of BMR code updates, adds vetting and anti-concentration direction

The Environmental Planning Commission on Tuesday recommended that the Mountain View City Council adopt a package of amendments to the city's Below Market Rate (BMR) program, updating how the city sets in-lieu fees, adds alternative compliance pathways and accessibility rules, and grants staff greater administrative authority to manage program guidelines. The commission's recommendation passed 6'to'0, with Commissioner Gutierrez absent.

Housing staff told the commission the seven-topic update is intended to make the BMR program clearer and more feasible for developers while preserving affordability. "My name is Anna Reynoso, and I'm a housing specialist here at the city," Reynoso said as she opened the presentation that laid out the changes, which staff said build on a 2019 update and a required December 2023 review.

Key changes include a minimum accessibility requirement (staff said about 13'18% of low-income households in California have a physical disability), new and clarified alternative compliance options (land dedication, off-site development and acquisition/preservation of existing units), a proposal to change the in-lieu fee escalator from CPI to the California Construction Cost Index (CCCI), removal of a developer HOA reserve fund for deed-restricted ownership units because of Assembly Bill 572 limits, and a graduated fee reduction to incentivize small projects. Staff also proposed moving routine BMR guideline…