Mountain View Whisman School District

Agenda Item for Board Meeting of 8/25/2025

Agenda Category:  REVIEW AND DISCUSSION

Agenda Item Title:  (Action) Adoption of Resolution No. 01-082525 Determining that the Sale of an Undivided 35% Interest as Tenants in Common including 50 Residential Units at the Property located at 699 N. Shoreline., Blvd, in the City of Mountain View (APN:153-24-027) Project is Exempt from the California Environmental Quality Act and Approving the Purchase and Sale Agreement, Deciding to carry out the Project, and Directing the Filing of a Notice of Exemption

Estimated Time: 

Person Responsible: 

Jeffrey Baier, Superintendent

Rebecca Westover, Ed.D., Chief Business Officer

Background: 

California Environmental Quality Act

Before Mountain View Whisman School District (“District”) may approve of the sale of an “Ownership Interest” (as further set forth in the Purchase and Sale Agreement for Real Property with Joint Escrow Instructions, attached as Exhibit A to the Resolution hereto (“PSA”) of  the property (“Proposed Project”) located at 699 N. Shoreline Blvd., in the City of Mountain View, California and County of Santa Clara, with the assessor parcel number (APN) 153-24-027 which includes a 144-unit below market rate residential apartment building for employee housing (“Property”), it must complete environmental review under the California Environmental Quality Act (“CEQA”), which exempts certain projects from completing a negative declaration or environmental impact report.  The Common-Sense Exemption under CEQA Guidelines section 15061(b)(3) exempts projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. 

Here, the Proposed Project will only result in a change of ownership but not cause an environmental or physical change since the sale of the Ownership Interest will only result in a change of ownership and not a change in use or increase in use of the Property or an environmental or physical change.

Once a project is determined to be CEQA exempt, a project is no longer subject to either the procedural or substantive requirements of CEQA and the project may proceed immediately thereafter. 

Purchase and Sale Agreement

The District is the fee simple owner of the Property and the Property is adjacent to and was developed as part of an integrated residential apartment complex with the Property and the adjacent parcel commonly referred to as 777 West Middlefield Road, in the City of Mountain View, County of Santa Clara, State of California is owned and was developed by Mountain View Owner LLC consisting of 572 market-rate residential units, for a total of 716 residential units, subterranean parking structure (“Parking Garage”) and certain amenities shared with the Property (“Master Development”).

The Property and Master Development are subject to recorded Declaration of Covenants, Conditions, Restrictions and Establishment of Easements and Cost Sharing Obligations for 777 West Middlefield” recorded on December 6, 2022 as Instrument No. 25411919 in the Official Records of the County of Santa Clara (“CC&Rs”) and an Agreement by and among the City of Mountain View, Mountain View Owner, LLC and Mountain View Whisman School District regarding the provision of Affordable Rental Housing Units for a Residential Project Located at 777 West Middlefield Road” dated September 19, 2022 and recorded on October 13, 2022 as Instrument No. 25386075 in the Official Records of the County of Santa Clara (“Agreement for Affordable Rental Housing Units”).

For the purchase price of Fifty-Four Million Four Hundred Fifty Thousand Dollars ($54,450,000.00)  the District now intends to sell to Foothill-De Anza Community College District (“FHDA”), and FHDA intends to purchase from the District subject to those CC&Rs, and Agreement for Affordable Rental Housing Units and Amendment thereto, and the District and FHDA Co-Tenancy Agreement (all as further set forth in the PSA), an “Ownership Interest” (as further set forth in the PSA) in the Property which shall include an undivided thirty-five percent (35%) interest as tenants in common in the Property, including ownership of fifty (50) residential units and a proportionate share of the land, improvements, access to and use of a proportionate share of parking spaces in the Parking Garage, access to and use of all amenities, common areas and appurtenances of the Property, including easements or rights-of-way relating thereto, in the Master Development, of which the Property is a part thereof.

Before approving the sale of the Ownership Interest in the Property, the District must complete environmental review, as discussed above.  Should the Board adopt the Resolution, the Proposed Project will be approved (in other words, decided to carry out the Sale of the Ownership Interest), and District staff will file a Notice of Exemption with the Santa Clara County Clerk and the State Clearinghouse. 

$54,450,000.00

It is recommended that the Board of Trustees approve Resolution No. 01-082525, Determining that the Sale of an Undivided 35% Interest as Tenants in Common including 50 Residential Units at the Property located at 699 N. Shoreline., Blvd, in the City of Mountain View (APN:153-24-027) Project is Exempt from the California Environmental Quality Act and Approving the Purchase and Sale Agreement, Deciding to carry out the Project, and Directing the Filing of a Notice of Exemption.