REPORT TO COUNCIL
SUBJECT
Title
Public Hearing: Action on an Appeal (PLN25-00362) of the Planning Commission’s Denial of a Modification to a Conditional Use Permit (PLN24-00392) to Change Existing Conditions of Approval for the Existing Subaru Dealership Located at 3225 Stevens Creek Boulevard.
Report
BACKGROUND
The applicant, David Zamora & Reza Soleimany (Applicant), on behalf of Monar LLC (Owner), has filed an appeal of a August 13, 2025 Planning Commission decision to the City Council. The applicant is a Subaru Dealership located on Stevens Creek Boulevard, where other commercial uses also currently exist. The dealership backside is on Cecil Avenue, across from single-family residences, while the front of the dealership faces Stevens Creek Boulevard. In summary, in 2016, the City Council approved the project that included two conditions of approval, P6 and P19, to require trash removal on Stevens Creek Boulevard. However, in practice, the Subaru Dealership has been providing for trash removal on Cecil Avenue. Staff has received ongoing complaints from residents on Cecil Avenue regarding the Dealership’s non-compliance with the trash removal conditions. However, other commercial uses are approved to provide for trash removal on Cecil Avenue, and the Subaru dealership is the only one required to provide for trash removal on Stevens Creek Boulevard. The Subaru Dealership prefers to have the trash picked up on Cecil Avenue for the safety of their employees and Mission Trail’s employees Four residents came to the Planning Commission meeting to voice their opposition to the change. Staff is not in support of the August 13, 2025, Planning Commission resolution of denial (approved with a vote of 6-1-1), that requires the applicant to provide for trash removal on Stevens Creek Boulevard.
On September 9, 2024, the applicant filed an application to modify the Conditional Use Permit (“CUP”) for 3225 Stevens Creek Boulevard. The applicant requested to modify their existing Conditions of Approval (P6 and P19) for their active CUP (File No. PLN2015-11350) to allow the operation of the existing roll-up doors during business hours to facilitate solid waste and recycling collection from Cecil Avenue. Adopted conditions P6 and P19 are as follows:
“P6: Any pedestrian and roll-up doors opening onto Cecil Avenue shall remain closed during operation, shall be used for emergency ingress/egress only, and shall not be used as a primary entrance to or exit from the site, except as allowed for oil/fluid removal and supply, consistent with Condition P19 below. The roll-up door between the service area and Cecil Avenue shall remain closed at all times, except in the event of emergency ingress/egress needs. The roll-up door for the service area that faces east shall remain closed except for vehicle ingress/egress in order to minimize noise disturbance to nearby neighbors, consistent with the Illingworth & Rodkin noise study recommendations dated July 18, 2016. Prior to approval of plans for Architectural Review, plans shall be revised to label doors opening to Cecil Avenue consistent with this condition, and plans shall note that signage will be posted on-site to inform employees and other users which doors are to remain closed during operations”.
“P19: No loading, unloading, deliveries, trash/recycling pick-up, vehicle staging, vehicle parking, vehicle/site service, or other site function shall occur on Cecil Avenue or other nearby residential streets, with the exception of oil and other fluid extraction and supply to the business may occur on Cecil Avenue between the hours of 8:00 a.m. to 5:00 p.m. Oil and other fluid extraction and supply on Cecil Avenue shall occur no more than one time per week. The business operator shall maintain a log of activity for the oil and other fluid extraction and supply. Said log shall be furnished to the City upon request.“
The car dealership did not build the approved solid waste and recycling enclosure as required under their approved CUP, PLN2015-11350, and was transferring solid waste and recyclables to the neighboring property’s solid waste and recycling enclosure in violation of the Conditions of Approval. The neighboring property, the Lincoln car dealership, is under the same ownership and was vacant, but is now under construction for a new automotive showroom and service shop. In August 2023, the City of Santa Clara became aware of the non-compliance and sent a violation letter (Attachment 9) with options for the dealership to remedy the violation.
The Applicant’s request to amend the conditions is one of the remedies proposed in the violation letter. The request was submitted pursuant to Santa Clara City Code (“SCCC”) Chapter 18.150, Permit Modifications and Revocations.
At the publicly noticed meeting of May 21, 2025, the Planning Commission reviewed the request. The Planning Commission discussed if allowing commercial waste collection on a residential street like Cecil Avenue would generate additional traffic and noise. Staff stated that the waste management company, Mission Trail, is already driving waste trucks through Cecil Avenue to collect the residential waste and would use the same trucks to collect the waste for Stevens Creek Subaru. The Planning Commission voted to determine that the request was exempt from the California Environmental Quality Act (“CEQA”) per CEQA Guidelines Section 15305 (Class 5 - Minor Alterations in Land Use Limitations) with a vote of 7-0, but voted to deny the modifications to the Conditional Use Permit (5-2, Cherukuru and Huang dissenting), as they felt that the applicant was not able to establish that no additional traffic would be generated with the requested changes to the CUP. The Planning Commission directed staff to prepare a resolution of denial and bring it back to the Planning Commission at a later meeting date. Staff brought the resolution of denial to the Planning Commission on August 13, 2025, and it was adopted with a vote of 5-1-0-1 (Huang dissenting, Bhatnagar absent).
On August 20, 2025, the applicant’s attorney filed a timely appeal of the Planning Commission’s denial (Attachment 2). In accordance with SCCC 18.144.030, the appeal is being heard within 60 days of the filing of the appeal.
DISCUSSION
At the May 21, 2025, Planning Commission meeting, staff supported the applicant’s request. A modification of an existing permit is appropriate under the Santa Clara Zoning Code when the “circumstances under which the permit or approval was granted have been changed to an extent that one or more of the findings that justified the original approval can no longer be made, and the public health, safety, and general welfare require the modification or revocation.” The circumstance that staff stated that changed since the original approval was that Finding “D” of the 2016 resolution. Finding “D” was that the dealership “is in keeping with the purposes and intent of the Zoning Code, in that auto sales and services, including vehicle prep are permitted uses” in the applicable zone, and because the dealership “is designed such that it does not adversely impact the surrounding areas.” Part of that design was the condition requiring that the roll-up doors fronting Cecil remained closed most of the time. However, that aspect of the design is no longer necessary to avoid impacting the surrounding uses, because:
• The solid waste and recycling collection restriction under Planning Division conditions P6 and P19 creates an unreasonable constraint to the site’s waste management.
• The constraint is unique to this site as similar developments along Stevens Creek and abutting Cecil Avenue have been allowed to get their solid waste and recycling collected from Cecil Avenue for recent projects.
• The waste management company (Mission Trail) operates their collection trucks on Cecil Avenue currently and modifying these conditions will not generate additional noise pollution.
• Mission Trail states that waste collections on Stevens Creek will pose a safety hazard.
• These conditions are no longer necessary due to the conditions on the ground.
Therefore, staff recommended approval of the CUP (Attachment 3) as the request would encourage traffic distribution that maximizes the efficiency of the existing roadway network and minimizes disruption of traffic flow from truck traffic and deliveries.
The applicant team was unable to answer several of the Planning Commission’s questions on employee parking, Mission Trail waste pick-up routes (number of pick-up days per week), and whether other commercial properties are getting their trash collected on Cecil Avenue. The Planning Commission heard public comments from four members of the public who live in the vicinity of the project site and their concerns on how the Subaru dealership has not been a “Good Neighbor”. The Planning Commissioners asked staff what administrative process Subaru would need to follow to get waste collected at Stevens Creek Boulevard. Staff responded that Subaru would need to request that a portion of their front curb be painted red by Public Works to allow the waste containers to be staged before pick-up. Staff stated it was not preferred by Mission Trail as they provided a statement discouraging waste collection on Stevens Creek Boulevard as it endangers their employees. After the close of the public hearing, the Planning Commission voted to determine that the request was categorically exempt from CEQA but to deny the CUP. The majority’s findings for denial were put in the resolution of denial that was passed on Consent on August 13, 2025 (Attachment 5). The minutes from the May 21, 2025, Planning Commission meeting are also attached as Attachment 4 for reference.
The applicant states in their appeal that Finding “D” of the 2016 resolution cannot be made and requests the City Council to overturn the Planning Commission’s decision.
Pursuant to the City Code, the City Council hears appeals of Planning Commission decisions de novo, which means the matter is heard anew, as if no prior hearing or decision had occurred. It is not a review or reconsideration of the previous hearing, but rather a complete rehearing. The City Council independently exercises its decision-making authority to sustain or overrule the Appeal.
In this matter, Planning Staff respectfully disagrees with the Planning Commission’s determination and continues to recommend approval of the CUP modification. In addition to the points raised by the applicant, Stevens Creek Boulevard is anticipated to have future bike lanes which may cause conflict in the public right of way for trash pick-up. These potential changes support Mission Trail’s safety concerns and their request for trash pick-up on Cecil Avenue. The applicant’s request is consistent with the General Plan and the Santa Clara City Code, and staff recommends that the City Council sustain the appeal and approve the project.
ENVIRONMENTAL REVIEW
The proposed request is categorically exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15305 (Class 5 - Minor Alterations in Land Use Limitations), which applies to minor alterations in the land use limitations if it does not change the density or land use. The proposal involves changing a condition in the Conditions of Approval of the CUP.
FISCAL IMPACT
There is no fiscal impact to the City for processing the requested application other than administrative time and expenses typically covered by processing fees paid by the applicant.
COORDINATION
This report has been coordinated with the City Attorney’s Office.
PUBLIC CONTACT
Community Meeting
On November 18, 2024, the applicant held a virtual community meeting to present the request and answer questions. Staff was present in the meeting to hear the community’s feedback and take notes, but no community members attended the meeting. The applicant’s presentation was recorded and posted on the City’s website. Additionally, Santa Clara’s Public Works Department asked the applicant to prepare and distribute a survey to the residences abutting Cecil Avenue to gauge their support on this request. However, due to the amount of time needed to prepare and conduct the survey, and the immediate need to resolve the solid waste and recycling collection issue on the subject site, it was determined that the request should proceed through the entitlement process without the survey.
Public Notice
A notice of public hearing on this item was mailed to property owners within 500 feet of the project site on May 8, 2025, for the original May 21, 2025, Planning Commission hearing date. A notice was mailed to the same property owners on September 25, 2025, for the October 7, 2025, City Council hearing.
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Sustain the Appeal and Adopt a Resolution approving the Modification to the Conditional Use Permit to change existing Conditions of Approval for the existing Subaru Dealership at 3225 Stevens Creek Boulevard to allow trash pick-up on Cecil Avenue, subject to Findings and Conditions of Approval.
Staff
Prepared by Alex Tellez, Assistant Planner, Community Development Department
Reviewed by: Afshan Hamid, Community Development Director
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Vicinity Map
2. Appeal Application Form
3. PC Staff Report May 21, 2025
4. PC Minutes May 21, 2025
5. PC Denial Reso. August 13, 2025
6. Reso. to Sustain an Appeal
7. Modified Conditions of Approval
8. Development Plans
9. Violation Letter
10. Web Links