Administrative Zoning Hearing: September 4, 2025

Note: The meeting transcript indicates the hearing was held on August 27, 2025, but the provided date for this summary is September 4, 2025. This discrepancy is noted.

The meeting was called to order at 4:03 PM by Amber Blazinski, Assistant Community Development Director, presiding as Zoning Administrator. The hearing covered three agenda items: a two-year permit extension for a previously approved office development at 189 North Bernardo Avenue, a new mixed-use development at 400 Moffett Boulevard, and a heritage tree removal permit for trees accidentally removed during construction at 1255 Pear Avenue. The meeting operated in a hybrid format with in-person and virtual participation.

Public Comments & Testimony

Item 3.2 – 400 Moffett Boulevard

• Henry Whitfield (in-person) urged denial or delay, arguing the project is non-conforming, too dense, relies on six waivers, and is premature before the Moffitt Precise Plan is completed. He expressed concern about the loss of a grocery store and inadequate retail space (2,000 sq ft).
• Carol Mitchell (in-person) expressed confusion about the project boundaries and tree removals, asking for clarification.
• George Markle (in-person, Moffat Boulevard Neighborhood Group liaison) appealed to ensure all ground-floor units are commercial, emphasizing the need for a walkable, community-friendly plaza with benches and a coffee shop.
• Hala Shawan (in-person) supported the 15% affordable housing but urged the developer to make the courtyard publicly accessible, preserve heritage trees, and ensure replacement trees are placed to provide privacy for neighboring single-story homes.
• Taya Sewell (in-person) raised concerns about traffic safety at the single traffic light and requested bike lanes.
• Unnamed speaker (in-person) expressed support for the project, calling the existing strip mall blighted and emphasizing the housing crisis and the need for density near transit.
• Robert Cox (virtual) expressed disappointment about tree removals, particularly perimeter trees, and urged more commercial space to preserve neighborhood character.
• Maureen Blondo (virtual) asked for clarity on whether the courtyard is public, requested more commercial space, and urged reevaluation of tree preservation and replacement.

Item 3.3 – 1255 Pear Avenue

• Hala Shawan (in-person) expressed upset over the accidental removal of 11 heritage trees, questioned why the city did not monitor tree protection, and asked about penalties and enforcement.

Discussion Items

Item 3.1 – 189 North Bernardo Avenue (Permit Extension)

• Staff (Brenda Norton) presented the request for a two-year extension of a previously approved planned community permit and development review permit to construct a 4-story, 82,865 sq ft office building, a parking structure (4 levels above, 2 below), modifications to an existing 2-story office, transfer of development rights (28,000 sq ft from three properties), and removal of 61 heritage trees. The project was originally approved by City Council on May 23, 2023. Staff recommended approval, noting the project is unchanged.
• The applicant (Sandhill Property Company) thanked staff and explained the extension is needed due to the challenged office market.
• No public comments were received.
• The Zoning Administrator approved the item based on findings and conditions.

Item 3.2 – 400 Moffett Boulevard (Mixed-Use Development)

• Staff (Ella Karachan) presented the request for a Development Review Permit and Conditional Use Permit to construct a 6-story mixed-use building with 175 residential units (18 very low-income, 15% affordable), 2,077 sq ft of ground-floor commercial space, and two levels of structured parking. The project uses state density bonus law, requests six waivers (from height limit, upper-story setbacks, commercial frontage, etc.), and removes 11 heritage trees (10 in fair/poor condition) with 70 new trees proposed. The project is within 1.5 miles of a major transit stop and has no minimum parking requirement; 190 parking spaces are voluntarily provided. Staff recommended approval, concluding the project complies with CEQA.
• The applicant (Prometheus Real Estate Group, represented by Don Peterson and architect Alan Jones) presented the design, emphasizing its response to the Moffitt Change Area Plan, a central courtyard, and publicly accessible plaza. They noted the 2,000 sq ft of commercial space is voluntary and envisioned for a coffee shop or similar use.
• During public comment, multiple speakers raised concerns about the scale, tree removals, insufficient commercial space, and traffic. Some supported the project for adding housing.
• The Zoning Administrator acknowledged public concerns but stated the project is approved in accordance with state density bonus law and city interpretation. She approved the item based on findings, conditions, public comment, and application materials.

Item 3.3 – 1255 Pear Avenue (Heritage Tree Removal Permit)

• Staff (Krisha Pinoya) presented the request for a permit to legalize the removal of 11 heritage trees that were accidentally removed during construction of the Inigo Way realignment. The project proposes 17 replacement trees and an in-lieu fee for trees not replanted on-site. Staff recommended approval.
• The applicant (Tim Roots, Sobrato) acknowledged the mistake, stating it occurred due to a lapse in coordination after a project pause, and took responsibility.
• The Zoning Administrator noted the city's disappointment and that a penalty fee of approximately $30,000 (tree valuation) will be paid. She approved the item subject to conditions.

Key Outcomes

• Item 3.1 (189 North Bernardo): Approved. The decision is appealable to the City Council within 10 calendar days.
• Item 3.2 (400 Moffett Boulevard): Approved. The decision is appealable to the City Council within 10 calendar days.
• Item 3.3 (1255 Pear Avenue): Approved. The decision is appealable to the City Council within 10 calendar days.
• The meeting adjourned at 5:07 PM.