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 ex...
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