REPORT TO PLANNING COMMISSION
SUBJECT
Title
Action to Adopt a Resolution to Deny the Modification to an Existing Conditional Use Permit (PLN24-00392) that Would Have Changed Existing Conditions of Approval (Conditions P6, P8, P19, P20) Concerning Solid Waste and Recycling Collection at the Existing Subaru Dealership Located at 3225 Stevens Creek Boulevard.
Report
REPORT IN BRIEF
File No.: PLN24-00392
Project: Conditional Use Permit to modify existing conditions of approval (conditions P6, P8, P19 and P20) to allow solid waste and recycling to be collected from Cecil Avenue for the existing Subaru dealership.
Applicant: David Zamora / Reza Soleimany
Owner: Monar LLC
General Plan: Regional Commercial
Zoning: Regional Commercial (CR)
Site Area: 1.57 acres
Existing Site Conditions: The project site is built with an 45,778 square foot one story auto sales showroom with support offices, an auto repair center, and a three-story parking structure.
Surrounding Land Uses:
North: Very Low Density Residential (Single-Family Residential)
South: Mixed Use Commercial (San Jose City Limits)
East: Regional Commercial (Low-Rise Commercial)
West: Regional Commercial (Lincoln Car Dealership)
Issues: Consistency with the City’s General Plan & Zoning Ordinance
Planning Commission Recommendation:
1. Adopt a Resolution Denying the Modification of an Existing Conditional Use Permit to allow solid waste and recycling to be collected from Cecil Avenue for the existing Subaru dealership.
BACKGROUND
On May 21, 2025, at a public hearing, staff made a recommendation to approve the changes to the existing Conditional Use Permit for Subaru Dealership to allow them to get their solid waste picked up on Cecil Avenue. The recommendation was based on addressing the safety concerns of having their solid waste picked up on Steven Creek Boulevard. Staff proposed to modify Planning Conditions P6 & P19, which expressly disallow the use of the existing roll-up doors fronting Cecil Avenue to be used for waste collection, to allow for their use in lieu of the current waste collection location on Stevens Creek Boulevard. Staff also recommended edits to condition P8, to add signage directing employees to park on site, and to P20, to further limit the permitted hours for portable generator powered equipment for washing vehicles. After hearing all the evidence, the Planning Commission (“Commission”) voted to deny the proposed Conditional Use Permit modification request and found that the request did not meet the required findings of Santa Clara City Code (“SCCC”) Section 18.150.140.A to approve the modification:
“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 Commission was unable to make this finding because of the following reasons:
a. The site’s waste can be safely picked up on Stevens Creek Boulevard by following the correct administrative procedures (“redlining the curb”).
b. The constraint is not unique to this site as no other commercial property fronting Cecil Avenue gets their waste picked-up on Cecil Avenue.
c. The waste management company (“Mission Trail”) is operating their garbage trucks on Stevens Creek Boulevard currently and the addition of this site on their operating schedule as originally intended will not undermine the general welfare if the correct administrative procedures are followed.
d. The required findings for these conditions can be met due to the conditions on the ground.
While on May 21, 2025, the Commission denied the applicant’s request to modify the existing Conditional Use Permit, there was no Resolution of Denial drafted to act on. Therefore, the Commission requested staff to formally prepare a resolution denying the applicant’s request including the findings discussed at the meeting and with facts to support their decision. The resolution has been drafted with the above facts and findings incorporated and is attached to this report for the Commission’s action.
ENVIRONMENTAL REVIEW
On May 21, 2025, the Planning Commission voted to disapprove the Project. As a result, no environmental review is required under the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15270(a) (“CEQA does not apply to projects which a public agency rejects or disapproves”).
COORDINATION
This report has been coordinated with the City Attorney’s Office.
FISCAL IMPACT
There is no impact to the City for processing the requested application other than administrative staff time and expense typically covered by processing fees paid by the applicant.
PUBLIC CONTACT
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.
Public contact for the August 13, 2025, hearing was made by posting the Planning Commission 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 <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
PLANNING COMMISSION RECOMMENDATION
Recommendation
1. Adopt a Resolution Denying the Modification of an Existing Conditional Use Permit that would have allowed solid waste and recycling to be collected from Cecil Avenue for the existing Subaru dealership.
Staff
Prepared by: Alex Tellez, Assistant Planner, Community Development Department
Reviewed by: Alexander Abbe, Assistant City Attorney
Approved by: Lesley Xavier, Planning Manager, Community Development Department
ATTACHMENTS
1. Resolution of Denial - Conditional Use Permit
2. Web Links - Planning Commission - May 21, 2025
3. Conditions of Approval