REPORT TO COUNCIL
SUBJECT
Title
Public Hearing: Reconsideration of the Council "No-Action" on the Appeal (PLN25-00362) of the Planning Commission's Denial of a Modification to a Conditional Use Permit (PLN24-00392) to Modify Existing Conditions of Approval for the Existing Subaru Dealership Located at 3225 Stevens Creek Boulevard
Report
SUMMARY
On October 7, 2025, the City Council (Council) discussed the Subaru Dealership appeal of an August 20, 2025 Planning Commission decision. At the meeting, the Council heard the staff presentation, the applicant presentation, and public comments, and after the close of public comment, the Council made a motion to approve the Conditional Use Permit. The motion, however, did not receive the majority vote necessary to pass and no alternate motion was made; the legal effect of this was to leave standing the Planning Commission's August 20th decision to deny the request. The City Council also requested that if the matter was heard again at a future meeting, Mission Trail, the waste hauling company, would provide more information regarding waste pick up on Stevens Creek Boulevard vs. Cecil Avenue.
At the next regular Council meeting, October 21, 2025, in accordance with Council Policy Manual Policy 042, the applicant's attorney requested a reconsideration of the Council "non-action" at the previous meeting. Council approved this request in a 6-1 vote.
The item was scheduled for the next feasible City Council meeting date, and the applicant is again requesting that the City Council modify the existing Conditions of Approval, P6 and P19.
Since the October 21, 2025, City Council meeting, City staff have had further direct communications with Mission Trail waste hauling, as well as a site visit to assess the conditions.
Based upon Mission Trail's assessment, it appears that Subaru's required waste bins cannot be serviced from Cecil Avenue due to the inability of Mission Trail's waste vehicles to enter the rear of the Subaru...
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