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Council approves 217‑foot Bayshore tower site plan despite opponents’ objections; CUP under appeal
Summary
Council approved the site plan for a 217‑foot, 267‑unit residential tower at 12000 North Bayshore Drive on Jan. 14; opponents raised concerns about scale, traffic and condominium owner displacement and noted that an earlier conditional use permit has been appealed and could bar building permits pending litigation.
The City Council approved a site plan for a 217‑foot, 267‑unit residential building at 12000 North Bayshore Drive (the “Bayshore” project) on Jan. 14, authorizing a large waterfront mixed‑use development that includes almost 20,000 square feet of ground‑floor retail and a public waterfront amenity. The final vote recorded by the clerk was 4‑0 in favor; staff noted the project’s conditional use permit (CUP) is the subject of a pending legal appeal and said building permits cannot be issued until the courts resolve that appeal.
Development services director Debbie Love told the council the site is 4.23 acres in total with 2.67 acres of buildable, and that the parcel is zoned in the Bay Shore (B Z) and eligible for bonus height under a recent ordinance. The applicant committed to streetscape upgrades, wider sidewalks, LEED or equivalent certification, stormwater and other mitigations, waterfront improvements and a community benefits package discussed during the CUP process.
Attorney Patrick Assan and project team representatives told the council the proposal increases tree and shrub plantings, exceeds the code minimum for open space (providing roughly 23% vs. a 15% requirement) and includes public access to a northern waterfront area and a $1,000,000 community benefit for affordable housing and other neighborhood programs. The applicant estimated the project would generate millions in annual tax revenue for the city over a 20‑year horizon.
Opponents — including residents and condo owners representing Mariners Bay — urged the council to protect longstanding residents and raised multiple concerns: the tower’s scale relative to nearby two‑ and three‑story buildings, traffic and parking impacts given a nearby street closure, potential displacement of older condominium owners who are being asked to pay for costly recertification work, and alleged irregularities in the process that are part of a court challenge to the CUP.
The city attorney reminded the council the CUP is under appeal and said the site plan approval includes a condition preventing issuance of building permits while litigation is pending. The applicant reserved rebuttal time and the council voted to approve the site plan, subject to the usual DRC and permitting conditions.
The council’s approval advances project design and entitlements but does not clear the path to construction until the court resolves the pending appeal of the CUP.
