HomeMy WebLinkAboutDIR-2026-001 Action Letter - SignedDIR-2026-001
20488 Stevens Creek Blvd. Page 2
residential and 6,775 square feet of retail space, as well as a subsurface parking garage,
on approximately 1.88 acres.
Background
The City approved the Use Permit associated with the development for the City Center
Apartments (File # 6-U-00, 2-GPA-00, 3-EXC-00, 9-EA-00) at the June 19, 2000 hearing of
the City Council. The approval allowed the construction of a new high density, multi -
family development with approximately 6,775 square feet of retail space on the ground
floor.
During the review process, the City required a breezeway be incorporated into the
project design to connect the interior of the parking garage to the front of the retail
spaces and the plaza park at the corner of Stevens Creek Blvd. and De Anza Blvd., at
the time known as the Four Seasons Plaza – to enhance connectivity and allow ease of
use of/access. This is reflected via Conditions 6 and 11 of the Use Permit, which require
a pedestrian connection from the parking garage to the plaza and access to a public
restroom visible from the plaza. To comply with this condition, a central breezeway was
installed between two retail suites, which is a direct route to the parking garage from
the plaza with a visible public restroom.
The applicant is currently requesting approval for modification to the existing retail
portion of the City Center Apartments development in order to create a larger retail
space for Specialty’s Café and Bakery restaurant. The proposed modifications include:
▪ Demolishing the existing direct-access breezeway and public restroom, and
incorporating the area into the proposed tenant space;
▪ Combining two existing suites (previously occupied by Le Boulanger and Happy
Lemon) to create a 6,487 square foot suite for a Specialty’s Café & Bakery
▪ Relocate the existing breezeway and public restroom:
o Phase I – Create a new sidewalk for pedestrians to exit through the
northern parking garage entrance. The path will route pedestrians along
the north side of the building to the plaza. Phase I includes restriping of
accessible pathways within the garage and allows the applicant to move
forward with construction of the Specialty’s restaurant suite.
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Figure 2: Existing breezeway entrance
o Phase II - Create a new 336-
square-foot breezeway and
create access to an ADA
accessible public restroom.
This includes modifying a
third existing tenant space
(Suite 2050) to reduce it
from 1,404 square feet to a
646-square-foot suite, which
will accommodate the
breezeway, as well as 193
square feet of tenant storage
and a 67-square-foot utility
space.
▪ Rerouting the accessible path of
travel from the existing accessible
parking to the patio, on the
western building face.
▪ Window infill at the former
breezeway entrance location.
The modification will result a reduction of retail spaces from three to two - one for
Specialty’s Café & Bakery (6,487 square feet) and an additional, smaller retail suite (646
square feet), with additional tenant utility spaces (totaling 260 square feet). The new
breezeway will provide access from the parking garage to Cali Mill Plaza and access to
a public restroom. New tenant storage and utility spaces will also be accessible off the
breezeway. This is an overall increase of approximately 9.1-percent of retail space, or
618 square feet, compared to the June 2000 approval of the project.
Analysis
No exterior modifications are proposed to the building, with the exception of a new
storefront window to replace the existing breezeway door at Cali Mill Plaza. The new
storefront window will be consistent with the existing, adjacent windows.
Within the parking garage, the accessible path of travel will be reconfigured to align
with the new exit path. A new door to the proposed Specialty’s tenant suite will be
installed, for employees only, at the rear. Since the interim lack of a public restroom and
the overall proposed interim relocated pathway to Cali Mill Plaza is inferior to the more
direct and prominent location of the existing breezeway, this will be reconfigured upon
the expiration of the lease for the salon tenant, which ends July 31, 2027. In Phase II, the
applicant will install a new, more acceptable location for the breezeway, which will
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result in minor changes to the salon suite and will result in a more direct path to the
plaza from the parking garage. Additionally, a new public restroom will be accessible in
the modified breezeway.
However, the proposed breezeway is less visible to pedestrians than the current
configuration. In order to support economic development goals of the City, Staff
supports the modification to accommodate the restaurant tenant with Condition #11 of
this DIR, which would require the property owner or its designee to restore the
breezeway and public restroom to the original configuration of U-2000-006 when the
Specialty’s restaurant tenant vacates the site, among other conditions of approval. Since
there is a nominal increase in development allocation with this permit, the project is
exempt from the California Environmental Quality Act (CEQA) as a Class 1, Existing
Facilities (CEQA Section 15301) exemption under the CEQA Guidelines.
ACTION
The Director of Community Development deems the proposed modifications to the
breezeway, restroom access, and building exterior minor and approves the project
subject to the following conditions of approval:
SECTION I: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT
DEPARTMENT
1. APPROVED EXHIBITS
Approval is based on multiple exhibit sets. Phase I approval is based on exhibits
titled: “Temporary Work Breezeway Removal and Market Ready T.I.”, prepared by
Topa Architecture, dated May 12, 2026, consisting of 40 sheets labeled A0.1 -A7.1,
C1.0-C4.0, E1.0-E7.0, P01.-P2.2, except as may be amended by the conditions
contained in this modification. Phase II approval is based on exhibits titled:
“Breezeway Removal and Market Ready T.I.” prepared by Topa Architecture, dated
April 14, 2026, consisting of 23 sheets labeled A0.1-A7.1, except as may be amended
by the conditions contained in this modification.
2. ACCURACY OF THE PROJECT PLANS
The applicant/property owner is responsible for verifying all pertinent property data
including but not limited to property boundary locations, building setbacks,
property size, building square footage, any relevant easements and/or construction
records. Any misrepresentation of any property data may invalidate this approval
and may require additional review.
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3. BUILDING PERMITS
The applicant shall consult with the City Building Division to obtain the necessary
building permits, or building permit revisions, prior to commencement of work.
4. ANNOTATION OF THE CONDITIONS OF APPROVAL
The conditions of approval set forth shall be incorporated into and annotated on the
first page of the building plans.
5. CONSULTATION WITH OTHER DEPARTMENTS
The applicant is responsible for consulting with other departments and/or agencies
with regard to the proposed project for additional conditions and requirements. Any
misrepresentation of any submitted data may invalidate an approval by the
Community Development Department.
6. PREVIOUS CONDITIONS OF APPROVAL
All prior conditions of approval through past approvals shall remain in effect unless
superseded by or in conflict with subsequent conditions of approval and as
specifically amended by this Director’s Minor Modification approval.
7. DEVELOPMENT ALLOCATION
A development allocation of retail space is granted with this permit of 618 square
feet.
8. HOURS OF OPERATION
The hours of operation for the restaurant are limited to between the hours of 7 am
and 11 pm.
9. COMMERCIAL KITCHEN ODOR ABATEMENT
The new kitchen shall install odor abatement systems, including but not limited to,
the installation of activated charcoal filtration systems and/or similar odor
abatement systems certified by an air quality specialist for use , to reduce odor
impacts to the adjacent community. In the event, alternations are made to any
portion of the ventilation system of an existing commercial or institutional kitchen,
odor abatement equipment shall be installed. The odor abatement systems shall be
installed prior to final occupancy of the associated restaurant(s). Detailed plans shall
be reviewed and approved by the Director of Community Development prior to
issuance of building permits. Said odor abatement systems shall be routinely
maintained, including but not limited to, replacement and/or cleaning of filters and
any equipment integral to the adequate functionality of the filtration system, as
applicable. In the event of equipment or system failure, it shall promptly be serviced
and/or replaced.
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10. CONSTRUCTION OF PHASE II CONDITION AND OCCUPANCY
The property owner/designee shall construct the Phase II breezeway as required by
these conditions of approval within 90 days following expiration or termination of
the existing lease with the salon tenant in Suite 2050. A letter of credit (Enclosure 3)
in the amount of $400,000 will be recorded prior to issuance of building permits for
Phase I to secure the construction.
Temporary Occupancy may be granted for the Specialty’s Café and Restaurant, if all
requirements of the Building and Fire Departments are met, until such time as
construction of Phase II is completed and finaled. No other tenant improvement
building permits or certificates of occupancy for retail tenants shall be issued until
the building permit for the Phase II construction is finaled through the Building
Division.
11. RETURN TO ORIGINAL SITE CONDITION
Following the expiration of the lease term of the retail suite currently leased by
Specialty’s Café & Bakery restaurant, or any successor, assignee, subtenant, or
affiliated operating entity under the same lease, as amended or assigned), the
property owner or designee shall obtain a building permit to restore the breezeway
and public restroom to the original condition, consistent with the 6 -U-00 approval.
No tenant improvement building permits or certificates of occupancy for retail or
commercial tenants at 20488 Stevens Creek Blvd. will be issued until the building
permit is finaled for the reconstruction of breezeway and public restroom to the
original condition, consistent with 6-U-00. The restoration obligation under this
section shall not be triggered solely by the early termination of the Specialty’s lease,
or by an entity name change during the original lease term (ending June 30, 2042), so
long as the original lease term remains in effect, and a successor tenant, subtenant,
or affiliated entity continues to honor the lease obligations.
12. INDEMNIFICATION
As part of the application, to the fullest extent permitted by law, the applicant shall
agree to indemnify, defend with the attorneys of the City’s choice, and hold
harmless the City, its City Council, and its officers, employees, and agents
(collectively, the “indemnified parties”) from and against any liability, claim, action,
cause of action, suit, damages, judgment, lien, levy, or proceeding (collectively
referred to as “proceeding”) brought by a third party against one or more of the
indemnified parties or one or more of the indemnified parties and the applicant
related to any Ordinance, Resolution, or action approving the project, the related
entitlements, environmental review documents, finding or determinations, or any
other permit or approval authorized for the project. The indemnification shall
include but not be limited to damages, fees, and costs awarded against the City, if
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any, and cost of suit, attorneys’ fees, and other costs, liabilities, and expenses
incurred in connection with such proceeding whether incurred by the Applicant, the
City, or the parties initiating or bringing such proceeding.
The applicant shall agree to (without limitation) reimburse the City its actual
attorneys’ fees and costs incurred in defense of the litigation. Such attorneys’ fees
and costs shall include amounts paid to the City’s outside counsel and shall include
City Attorney time and overhead costs and other City staff overhead costs and any
costs directly related to the litigation reasonably incurred by City. The applicant
shall likewise agree to indemnify, defend, and hold harmless the indemnified
parties from and against any damages, attorneys’ fees, or cost awards, including
attorneys’ fees awarded under Code of Civil Procedure section 1021.5, assessed or
awarded against the indemnified parties. The Applicant shall cooperate with the
City to enter a Reimbursement Agreement to govern any such reimbursement.
The Applicant shall agree to (without limitation) reimburse the City for all costs
incurred in additional investigation or study of, or for supplementing, redrafting,
revising, or amending, any document (such as an Environmental Impact Report,
negative declaration, specific plan, or general plan amendment) if made necessary
by proceedings challenging the project approvals and related environmental review,
if the applicant desires to continue to pursue the project.
The Applicant shall agree that the City shall have no liability to the Applicant for
business interruption, punitive, speculative, or consequential damages.
13. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS
The Conditions of Project Approval set forth herein may include certain fees,
dedication requirements, reservation requirements, and other exactions. Pursuant to
Government Code Section 66020(d) (1), these Conditions constitute written notice of
a statement of the amount of such fees, and a description of the dedications,
reservations, and other exactions. You are hereby further notified that the 90 -day
approval period in which you may protest these fees, dedications, reservations, and
other exactions, pursuant to Government Code Section 66020(a), has begun. If you
fail to file a protest within this 90-day period complying with all of the requirements
of Section 66020, you will be legally barred from later challenging such exactions.
This approval of the modification is effective July 7, 2026. The fourteen-calendar day
appeal period will expire on July 21, 2026.
Enclosures:
1. Plan Set – Phase I Interim Condition
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2. Plan Set – Phase II Breezeway Relocation
3. Draft Letter of Credit