City Council and Authorities Concurrent
October 7, 2025

The following key strategies to enhance efficiency, transparency, and overall effectiveness of the building permitting process were compiled from various publications6 discussing the importance of streamlining the process:

1. Clear Communication and Transparency
 User-Friendly Information - Provide clear, concise, and user-friendly information about the permitting process. Publish guidelines, FAQs, and step-by-step instructions on the city’s website.  Transparency in Requirements - Clearly outline the necessary documents, fees, and any special requirements for different types of permits. Transparency helps applicants prepare adequately.  Single Point of Contact - Assign a staff person responsible for coordinating activities throughout the process to improve efficiency and consistency.

2. Optimal Use of Technology
 City’s Website - Provide 24/7 access to information on the permitting process, procedures, regulations, notices, documents, and tools to allow applicants to conduct their own research prior to engaging staff.  Online Application Portal - Implement an online portal for permit applications. This allows applicants to submit forms, documents, and payments digitally, reducing paperwork and wait times.  Automated Workflow - Use workflow automation tools to route applications to the relevant departments for review and approval. Minimize manual handling and delays and enforce deadlines.

3. Standardized Review and Approval Process:
 Pre-Application Meetings - Encourage pre-application meetings with applicants to discuss project specifics and address potential issues early on.
 Process documentation - Document the steps, documents, decisions required in the building permitting process. Utilize flow charts, checklists, guidelines, etc. to be part of a comprehensive permitting guide to provide guidance through the permitting process.
 Uniform Review Criteria - Develop standardized criteria for reviewing permit applications. Ensure consistency across different projects.
 Tiered Review Process – Establish different levels of review and time frames based on project type, complexity, and other criteria. Create a process for expedited review for projects meeting specified criteria.

4. Effective Resource Management:
 Adequate Staffing – Identify staffing needs to maintain an acceptable level of services by monitoring workload and performance.
 Commitment to Training – Provide training on regulatory requirements, permitting procedures, and other relevant topics to improve consistency, knowledge, and performance. Cross-train staff members to reduce bottlenecks caused by staff shortages.
6 https://www.pvpc.org/sites/default/files/BEST%20PRACTICES%20GUIDE_0.pdf https://www.gacities.com/getmedia/c35fa795-10c7-4922-9c0b-1da4921a3ef0/Best-Practices-For-Streamlining-the-PermittingProcess.pdf.aspx https://www.nahb.org/-/media/NAHB/advocacy/docs/top-priorities/housing-affordability/development-process-efficiency.pdf https://content.aia.org/sites/default/files/2021-05/ADV21_400547_Permit_Streamlining_Component_Resource_Publication_FINAL.pdf https://www.gfdrr.org/sites/default/files/publication/BRR%20report.pdf 10 DETAILED ANALYSIS
 Third-Party Consultants – Expand staff capacity to meet established timelines by utilizing the expertise of third-party consultants as appropriate.

5. Collaboration and Coordination:
 Interdepartmental Coordination: Foster collaboration among various departments involved in the permitting process. Streamline communication and decision-making.

6. Performance Metrics and Monitoring:
 Key Performance Indicators (KPIs): Regularly track KPIs such as processing time, error rates, and customer satisfaction. Use these metrics to identify areas for improvement.  Benchmarking: Compare your city’s permitting process with other municipalities to identify best practices and areas where adjustments are needed.

7. Customer Service and Support:
 Dedicated Permit Liaisons: Assign dedicated staff to guide applicants through the process. Provide personalized assistance and address inquiries promptly.  Feedback Mechanism: Collect feedback from applicants and adjust processes based on their experiences.

KPIs that can provide valuable insights to be considered are listed below. An organization should use only the most appropriate metrics that provide useful insights based on its specific goals and objectives.

1. Timeliness of Permit Issuance:
 Percentage of Permits Issued Within Estimated Timeframe: This KPI measures the efficiency of the permitting process by tracking the percentage of permits issued within the expected time frame.  Average Permit Processing Time: Calculate the average time it takes to process a permit from application submission to issuance.

2. Quality and Accuracy:
 Percentage of Error-Free Permits: Monitor the accuracy of permit approvals by measuring the percentage of permits issued without errors or corrections.  Customer Satisfaction Survey Results: Conduct surveys with applicants to assess their satisfaction with the permitting process.

3. Quantity and Volume:
 Number of Permits Issued: Track the total number of permits issued over a specific period.  Permit Volume Trends: Analyze trends in permit volume (e.g., seasonal variations, growth patterns).

4. Process Complexity:
 Average Number of Review Steps: Count the number of review steps required for each permit application.
 Complexity Index: Develop an index that quantifies the complexity of different permit types.

5. Cost Efficiency:
 Cost per Permit Issued: Calculate the total cost of administering the permitting process divided by the number of permits issued.
 Cost Reduction Initiatives: Identify cost-saving measures and track their impact on overall process expenses.

6. Outputs and Compliance:
11 DETAILED ANALYSIS
 Percentage of Inspections Completed: Measure the rate of completed inspections relative to the total number scheduled.
 Percentage of Permits Closed Out Successfully: Assess how many permits are successfully closed out after construction or project completion.

7. System Impacts:
 Technology Adoption Rate: Evaluate the adoption of digital tools and systems for permit applications and tracking.
 System Downtime: Monitor any disruptions in the permitting system due to maintenance or technical issues.

12 Audit Results
Finding 1: Policies and Procedures
Although the BD has some written P&P, they are informal and fragmentary. Comprehensive P&P have not been formally established for the building permitting process, which is essential to guide the BD staff in decisionmaking and to communicate management’s expectations. According to BD management, they needed to prioritize maintaining daily operations over developing formal P&P. Management has also dealt with a permitting system change and plan review process changes during our two-year audit period.

P&P play a crucial role in the City’s building permitting process for the following reasons: consistency and transparency, efficiency, risk mitigation, legal compliance, accountability, and quality control. Standardization is one strategy to improve the City’s building permitting process, enhancing the overall experience for applicants, fostering better relationships between the public and the City.

Without formally establishing comprehensive P&P, the BD cannot ensure efficient and effective permit issuance, as well as accurate billing. Our testing of selected permit applications received in FY2022 and FY2023 revealed longer processing time than management’s expectations and some discrepancies in permit fee calculations.

Recommendation
Management should establish and implement comprehensive P&P for the BD's critical processes, including:
 Application Processing
 Plan Review
 Permitting Fee Billing and Collection
 Permit Issuance
 Performance Monitoring
The P&P should include the components that ensure clear, efficient, and transparent building permitting processes to improve the overall experience for applicants while maintaining safety and regulatory standards.

For example, the P&P should identify clear staff roles and responsibilities, technologies to maximize efficiency, as well as flowcharts and checklists to illustrate the steps in the permitting process and descriptions of the mandatory steps and required documents.

Management Response
Responsible Department(s): Building Official; CDD-Building Division Action Plan:

The Building Division (BD) acknowledges a need for comprehensive internal business operations that result in external improvements. The BD acknowledges that it does not have a comprehensive Policies & Procedures Manual for internal building permitting process to guide the BD staff in decision-making, workflow process and to communicate management’s expectations. The BD will work with the Technology and Communication group within CDD to establish and track permitting processes. Management will ensure that such a manual is developed and believes that doing so will result in transparency and efficiencies in the work that BD and other city departments/division perform to process building permit applications.

Additionally, it is important to note that the BD has developed a library related to the services that permit technician and plan check teams perform on a daily basis; permit application processing and routing for plan review and issuance as part of our Accela Permitting Software Implementation. The Division has developed 13 AUDIT RESULTS
several templates for typical plan review comments including code reference sections for different project types, these are guides that are utilized during our plan review to ensure that all permit applications comply with all applicable codes, regulations, local ordinances and resolutions. This interactive digital library is regularly maintained and referenced by all of our permit technicians and plan review staff and is available to all City users of Accela. The library is also used to train staff. Expanding this guide and incorporating the various handouts and CBO Directives and policies that have already been established to develop a comprehensive P&P manual for use by all BD staff will be a valuable step for the Division.

The Building Division will prioritize establishing comprehensive business operations and the utilization of technology tools to track and monitor performance metrics. Together, this will enable an improved and transparent process.

Estimated Completion Date: Initial draft by December 2025, completion by June 2026 Finding 2: Timeliness of Permitting Process
Baker Tilly reviewed 45 applications selected from the permit applications that were submitted in FY2022 and FY2023 for which permits were issued7 as of September 2023. Based on our test results listed below, the plan review process is not consistently completed within the target time frames established by the City.  23 of 45 initial plan reviews did not meet target time frames.  35 of 45 applications required additional plan reviews. 29 of 35 applications did not meet target time frames established for additional plan reviews.

Additionally, we performed high-level data analysis to determine the average number of days taken to issue permits using the list of the permit applications submitted in FY2022 and FY2023 (see Plan Review Time Frame Data Analysis section above).

Positive Observations of Note:
 For FY 2022/23, the average number of days until applications reached “Issued” status decreased across most permit types compared to FY 2021/22.
 The median days to issue generally improved from FY 2021/2022 to FY 2022/23, indicating a faster processing time.

However, the results also show that average number of days until applications reached “Issued” status are notably higher than the plan review target time frames, indicating the existence of considerable delays in the permitting process. It is worth noting that some delays may be due to extenuating circumstances that are outside of the Building Division’s control, such as delayed plan review by other City stakeholders (Planning, Fire, Engineering and Utilities), customer application omissions, customer requests, or continued plan reviews for resubmitted applications.

We also analyzed a sample of applications to determine the duration of key process steps, including those before and after plan review (Appendix A). The following was noted:
 Two applications were not routed for a plan review over a week after a plan check fee was paid.  Permit fees for five applications were invoiced over a week after a plan review was completed.  A permit was not issued for two applications over one week after permit fees were paid.

Though delays in the permitting process can result from various factors, it is clear that there are opportunities for improvement. Performance monitoring by management is crucial to identify the cause of a delay and improve the timeliness of plan reviews. The BD has two key performance measures and reports the actuals against target time frames in the City’s annual operating budget document (Table 1). However, the BD does not have a 7 Permit applications for which permits were issued consisted of permit applications with “Issued” or “Finaled” status. 14 AUDIT RESULTS
formal, ongoing monitoring process used to identify inefficiencies in the permitting processes and optimize resource allocation.

A delayed building permitting process can have far-reaching consequences and could impact an applicant’s project timelines, costs, and customer experience, while also potentially affecting the City’s economic development. The City’s high quality and efficient services are essential for timely and effective construction and development in the community.

Recommendation
Management should strengthen its performance monitoring of the building permitting process, reevaluate its use of department metrics and system capabilities, and leverage those tools to identify areas for improvement.

Regularly assessing the process against these metrics throughout the year allows timely action to enhance efficiency. Additionally, maximizing the use of the City’s permitting system reporting function enables effective tracking, measurement, and performance analysis.

Furthermore, Management should gain an understanding and formally document the reasons behind applicants’ resubmissions, particularly when additional information is provided. By updating permitting process information or conducting pre-application meetings, local authorities could potentially reduce the frequency of resubmissions.

Management Response
Responsible Department(s): CDD-Building Division, CDD-Planning Division, SCFD-Community Risk Reduction Division, DPW, Solid Waste, Traffic, Stormwater, Water & Sewer, Environmental FOG, Recycled Water, SVP and Parks & Rec.

Action Plan:

Management acknowledges room for improvement, particularly in achieving the stated target plan review timelines specified for each group of project types. However, it is important to note that the processing timeframes cited within this report include the time that the applicant took to respond to the City’s comments. As such, the data does not solely reflect the City’s processing timeframe. The lack of segmented data is a reflection of the City’s current permit tracking system and unfortunately, discrete data could not be provided to Baker Tilly to fully access the staffs’ processing time. This a limitation of how the permit tracking system was configured and the City will work with IT to correct the issue.

The BD will take steps to modify our process and policy in an effort to reduce any delays in the resubmission process that the City can control. BD will continue to update permitting process information and offer preapplication meetings for a broader group of project types. In addition, after the second round of review, BD plancheck staff will offer to meet the applicant and design team on coordinated plan review comments and responses required. Together, these steps will aim to resolve confusion or misunderstandings between the applicant and the City.

BD will also work with key City stakeholders to evaluate and develop comprehensive programs to meet the specific needs of the Santa Clara’s Development Community; concepts including but not limited to, One Stop Permit Shop, Tenant Improvement (TI) Tuesdays, Residential Remodels OTC, etc. It should be noted that a One Stop Permit Shop will require significant operational changes and capital investment. Such a project is a multi-year effort.

The following items will be implemented expeditiously:

1. Beginning in June 2024, after learning of this report’s preliminary findings, our Permit Tech Team began sending out an active review tasks report on a weekly basis to all City stakeholder plan reviewers. 15 AUDIT RESULTS

2. BD created detailed submittal requirements handouts for different type of project such as Single-Family Dwelling, Duplex, ADU, Multifamily, Mixed Use, etc. and made them available on the BD website in May 2024 to assist applicants in preparing a complete permit submittal.

3. Streamline and expand Over The Counter (OTC) and simple permit type applications by June 2025.BD already offers a streamlined building permitting processes for limited residential projects (Simple Building Permits and SolarApp+). With these Simple Building Permits and SolarApp+, the applicant can typically receive approval for your building permit within 1-2 business days.

4. Developed a pre-approved ADU Plan Program to reduce the time required for plan check resulting in faster permit issuance. This pre-approved ADU plan program was made available on BD website in August 2024. The BD will monitor the effectiveness of the program.

5. BD launched a “Plan Check Dashboard” in August 2024, showing active review tasks for all Building plan reviewers and consultants with target due dates. The Plan Review manager uses this Dashboard twice a week to monitor the plan reviewer’s workload and any potential overdue Building review tasks.

6. BD has developed two new reports to monitor the performance of Building review tasks for different review types (OTC, Simple, Regular, Complex and Large New Building) Prior to the release of this audit, the Plan Review manager would run these reports quarterly, effective July 2024 these performance reports will be run on a monthly basis.

7. BD has developed a new report, monitoring the performance of the review tasks of all other stakeholders participating in the Building Permit review process. This performance report is run on a weekly basis and distributed to all plan review stakeholders.

8. The Building Official will work with the CDD Director and Directors of other departments to see if the target review timeframe can be reduced for some review types.

Estimated Completion Date: August 2025
Finding 3: Permit Fees
The City of Santa Clara Municipal Fee Schedule is approved by the City Council annually and incorporated in the fee calculation formula in the City’s permitting system. Permit fees are calculated and invoiced to an applicant before and after a plan review as follows:

1. After receiving a building permit application and ensuring the completeness of the application, a Permit Technician assigns plan review fees to the application in the City’s permitting system based on the information provided by the applicant. The City’s permitting system calculates a total fee and generates an invoice to an applicant.

2. When the plan review is completed by all required departments, a Permit Technician assigns fees for permit issuance to the application in the City’s permitting system. Again, the system calculates a total fee and generates an invoice to the applicant.

Baker Tilly tested permit fee calculations for 45 applications (for which the total job value was $334M and fees totaled over $3M) selected from all applications the City received in FY2022 and FY2023 and noted that building permit fees were not always calculated accurately in accordance with the applicable Municipal Fee Schedules.

The invoices for seven out of 45 applications reviewed had discrepancies due to the following reasons:
 Overridden fee calculations
 Wrongly added fees
 Lack of supporting documentation/ explanation for the information used for invoice calculation Regarding some of the discrepancies noted above, the BD management explained that the issues had been identified soon after implementing the new permitting system, along with additional issues created by the workaround used. According to the BD management, although the issues were resolved over two years, no 16 AUDIT RESULTS
refund was processed for overcharges, nor were additional fees collected for undercharges related to these issues.

Additionally, the BD has not implemented formal procedures to ensure the accuracy of the fee calculations during or after the permit fee billing process although the BD management stated that an informal spot check of certain types of permits had been done. As fee calculations can be prone to errors for complex or unique plans/circumstances when a Permit Technician is assigning fee items to an application, it is important to implement mechanisms to check the accuracy and correct errors in a timely manner. Without recurring formal procedures in place to check the appropriateness of the fee items assigned, the validity of overridden fee calculation, and the use of correct Municipal Fee Schedules, the City cannot ensure that permit fees are accurately charged to every applicant in accordance with the approved Municipal Fee Schedules.

The purpose of building permit fees is to cover the costs associated with the permit application review process, inspections, administrative overhead, and other expenses incurred by the City to ensure compliance with building codes and regulations. Inaccurate building permit fees can result in either overcharging applicants or undercharging applicants in relation to the approved Municipal Fee Schedules. Accurate permit fees are crucial for the City to maintain financial stability, operational efficiency, and public trust.

Recommendation
Management should implement the following mechanisms to ensure the accuracy of building permit fees charged to applicants:
 Comprehensive Manuals and Training – Provide comprehensive manual (including exceptions for special instances, approval for overrides) and training to Permit Technicians.  Testing of Fee Correctness, Completeness and Calculation - After a new approved Municipal Fee Schedule is loaded in the permitting system each year, conduct testing of fee calculations to verify the accuracy and completeness of a new fee schedule in the system and the accuracy of calculations performed by the system.
 Timely Secondary Reviews of Invoices - Before permit issuance, perform timely secondary review of invoices for certain applications that are prone to errors. Additionally, conduct periodic spot checks of fee calculations for a sample of applications if secondary reviews are not performed for all invoices.

Timely action is necessary to address identified errors and issues.  Refresher Training for Permit Technicians – Provide refresher training to Permit Technicians to share information about errors, issues, and resolutions identified through secondary reviews and spot checks.

Management Response
Responsible Department(s): Permit Center Supervisor; CDD-Building Division Action Plan:

Management acknowledges that a more formal review process of permit fee invoices should be implemented.

As such, a review process by the Senior Permit Technicians has already been implemented to review all fee invoices prior to their release. A formal tracking process has been instituted, and those findings will be reviewed and analyzed on a monthly, quarterly, and annual basis to identify any potential trends or issues that need to be resolved.

The BD will develop a comprehensive P&P to improve the accuracy of fee invoicing within the Building permitting process.

1. Further develop an interactive digital P&P manual, referenced in finding #1, to include a section on the assessment of fees.
17 AUDIT RESULTS

2. In May 2024 BD implemented a standardized review process for all Building permit fee invoices performed by the Senior Permit Techs and/or the Permit Center Supervisor to identify any reoccurring errors and provide real-time training and updates.

3. In January 2024 the Permit Tech workgroup instituted a regular weekly meeting program to provide training and review daily operating procedures to ensure consistent application of the Divisional P&P.

Department management will also consult with the City Attorney’s Office and the Finance Department regarding the fee refunds for known instances when customers were overcharged.

Estimated Completion Date: June 30, 2025
Finding 4: Performance Monitoring and Process Improvement While the City utilizes two key performance measures to track the timeliness of plan reviews as part of its annual budget reporting (Table 1), the BD does not have a robust, formal mechanism that utilizes additional performance metrics for monitoring building permitting processes to track progress, identify areas for improvement, and make informed decisions.

Additionally, although the BD conducted a customer survey for the Building Permitting Online Portal in the past and can receive feedback online and in person, the BD does not have a formal process for receiving, tracking, and responding to customer feedback in a manner that allows for analyses and subsequent improvements to the building permitting process. Customer feedback is essential for improving customer satisfaction, identifying areas for improvement, fostering transparency and accountability and enhancing the organization's reputation.

Without analyzing and addressing customer feedback, the City cannot continue to improve the building permitting services effectively.

According to the BD management, they have utilized the ad hoc reporting tools in the permitting system to monitor the status of plan reviews and overall building permitting activity only sporadically. The BD management has prioritized department services and maintaining daily operations due to limited resources and workload, rather than developing mechanisms for documenting and monitoring division performance.

We noted that the permitting system, which includes the fee payment status, was effectively utilized to ensure that a permit was not issued before both the plan review fees and the permit fees were paid. However, without periodically monitoring performance against well-defined key performance metrics based on the BD’s goals and objectives, the BD cannot identify problematic areas related to the efficiency, quality, accuracy, compliance, and resource allocation in the building permitting process.

Recommendation
The BD management should establish formal mechanisms for periodically monitoring building permitting processes to evaluate performance and identify areas of improvement in efficiency, effectiveness, compliance, and accountability. In doing so, the BD should define appropriate performance metrics aligned with its goals to drive continuous improvement and utilize the reporting capabilities of the permitting system.

Additionally, the BD should implement a systematic approach for collecting customer feedback. This approach should allow for effective tracking, timely responses, and informed decision-making to enhance the quality of services provided to customers.

Management Response
Responsible Department(s): Building Official; CDD-Building Division Action Plan:

Department management will ensure that a process to collect and analyze customer feedback is implemented.

A. The BD will create two customer satisfaction surveys—one that is short that tracks general level of satisfaction of service, and another that allows for longer evaluation/comments. 18 AUDIT RESULTS
a. Develop a customer feedback database to effectively track issues, responses, identify common or ongoing challenges, etc. Regularly review the feedback on a monthly, quarterly and annual basis with staff to improve overall customer service and the customer experience with the BD.

B. The BD will develop the following reports and performance metrics to support all City Stakeholders in the Building Permit review process. This information, data and analytics will assist in the oversight and management of the plan review process and improved overall performance.

1. A report showing all active review tasks and their due dates for all City stakeholders involved in the Building permit review process. The BD will utilize this information in a quarterly report to all City stakeholders identifying areas improvement and tracking progress.

Modify performance measures not just of the whole process ex. current performance measure is “percent of regular cycle plan checks performed within target dates at 4, 6, 8,10 weeks” but rather also include individual measures for all the Departments participating in the Building Permit review process.

2. The Performance Measure would written instead as
i. “percent of regular cycle plan checks performed within target dates at 4, 6, 8, 10 weeks”
ii. “percent of regular cycle plan checks performed within target dates at 4, 6, 8, 10 weeks by Building”
iii. “percent of regular cycle plan checks performed within target dates at 4, 6, 8, 10 weeks by Fire”
iv. “percent of regular cycle plan checks performed within target dates at 4, 6, 8, 10 weeks by Public Works
v. “percent of regular cycle plan checks performed within target dates at 4, 6, 8, 10 weeks by Water & Sewer
vi. “percent of regular cycle plan checks performed within target dates at 4, 6, 8, 10 weeks by Parks”
vii. “percent of regular cycle plan checks performed within target dates at 4, 6, 8, 10 weeks by SVP”
Estimated Completion Date: June 30, 2025
19 Appendix A: Resumes
Appendix
20 Appendix A: Permitting Process Timeline
Baker Tilly analyzed the process steps and the time taken for each step for 45 permit applications selected as described in the Methodology section.
*The duration was considered to be 0 days when billing (❼) occurred before a plan review completion date (❻). ** The duration from a plan review end date (❻) to a permit issuance date (➒) is shown when the final fee billing was paid before a plan review end date.

TABLE 6: Duration of Permitting Process Steps
Process
Duration
(Days)
❶ to ❷ ❸ to ❹
Application to
Review Start
(❶ thru ❹)
❹ to ❻ ❻ to ❼* ➑ to ➒
Review End to
Issuance**
(❻ thru ➒)
Average 9.6 2.1 16.5 136.1 5.9 2.3 11
Median 2 0 8 90 0 0 2
Longest 217 49 100 553 78 21 81
Shortest 0 0 0 1 0 0 0
1 DATE: April 7, 2025
TO: Jovan Grogan, City Manager
David Noce, Audit Manager
FROM: Afshan Hamid, Community Development Director
SUBJECT: Executive Memo on Baker Tilly Audit
____________________________________________________________________________________________ Background
In early 2023, the City of Santa Clara initiated an audit to evaluate the Building Permit (“permit”) process. Annually a risk assessment is conducted by the City to identify concerns that may be in order to assist the City accomplish its goals and objectives. This involves a number of processes but central to the assessment is interviews with Council Members and department heads, along with other staff as needed. Once areas of concern are identified, the City then prioritizes Departments to conduct audits for opportunities to enhance our internal processes and services provided to the residents. The building permit audit was identified during this process as the City heard from a number of council and staff that there were questions about the efficiency of the process. The Audit Committee agreed with the assessment and approved the initiation of the audit.

The audit to primary objectives were to:

1. Assess whether internal controls in the permitting process are effectively designed and implemented to ensure compliance with City Code and relevant regulations.

2. Evaluate whether the permit process is efficient and responsive, with mechanisms in place to ensure timely customer service.

3. Determine if billing and collections of permit fees and fines are properly managed to uphold financial accountability.

The Building Division acknowledged existing gaps in the process and has been actively implementing improvements. Since the audit began, the department has undergone significant transitions, including recovery from the COVID-19 pandemic, retirements, staff turnover, and leadership changes. A new Building Official was promoted in September 2022, followed by a new City Manager in May 2023, and a new Community Development Director in November 2024. These transitions have influenced the timing of the audit's implementation. The audit findings have been reviewed by the new leadership team, who acknowledge the areas for improvement and are committed to addressing them. Once City Council reviews the findings and provides direction, staff will develop a detailed workplan to implement systematic changes.
2 Department Overview
The Community Development Department (CDD) comprises of three divisions and one group: the Planning Division, Housing and Community Services, Building Division, and the Innovation Group.

While each plays a role in the permitting process, the Building Division is the primary entity responsible for oversight.

The Building Division consists of 51.71 Full-Time Employees (FTE) and is structured into two main teams: the permit review group and the inspection group. Leadership is provided by the Building Official and the Assistant Building Official, mirroring the organizational structures of cities of similar size.

In 2018, the City implemented the Accela Civic Platform, including Accela Citizen Access (public portal) and partnered with True Point Solutions for technical services. The platform launched in 2021, transitioning the department to a fully digital permitting process in response to COVID-19. In 2022, a Management Analyst was added to the team to act as a technology leader for the department, managing and implementing improvements to the City’s enterprise permitting system and other technology tools. In August 2023, the role expanded to include web content management.

Since then, the roles and services have evolved and become more integral to the department and is now called the Innovation Group. The Innovation Group supports all of CDD and leverages new technology platforms and department wide communications. This team is integral to customer service and digital transformation initiatives.

The permitting process involves multiple internal departments (e.g., Community Development, Public Works, Traffic Division, Fire Department, Silicon Valley Power, Water & Sewer Utilities) and external agencies such as the Santa Clara Unified School District. The Building Division coordinates all inputs and serves as the central hub for technical reviews via the Accela platform.

Audit Response and Staff Commitment
The Building Division staff are fully engaged in day-to-day operations and committed to delivering excellent customer service. Throughout the audit, staff have collaborated transparently—sharing documentation, identifying gaps, and contributing frontline insights. Even prior to the formal release of audit findings, the Building Division and Innovation Group began addressing concerns, examining internal systems, resource allocation, and capacity. Improvements in the department have begun and staff were able to extract data of a newly launched Qmatic program at the front counter. The following is from July 1, 2024 – March 26, 2025. During this timeframe the department served over 3,600 customers and 210 responded to the survey.
• 87.6% gave a 5/5 when asked to rate their Permit Center experience. • 86.1% gave a 5/5 when asked to rate the wait times.
• 90% gave a 5/5 when asked to rate their satisfaction with the staff member they worked with. • 87.1% say the Department were able to resolve their issue.

Below are the key internal improvements along with actions taken, those in progress, and future plans:
3 Finding 1: Policies and Procedures

1. Completed, January 2024: The Accela Knowledge Base (AKB) is a centralized staff resource supporting the City’s enterprise permitting system. With over 150 employees using the platform and nearly 9,000 visits in 2024, the AKB has improved consistency, reduced staff response time, and enhanced service delivery for the public.

2. Completed, December 2025: The initial draft of the Policies & Procedures manual completed. The framework and outline have been developed.

3. In Progress: Project parameters established to document divisional Policies & Procedures within workgroups—complete by June 2025.

4. In Progress: Concurrently develop new and modify existing workflow models to assist customers understanding of City’s Building permit review processes.

5. In Progress: Develop and modify existing division handouts across the board to assist customers to make them user friendly.

6. In Progress: Improve the AKB to expand knowledge management and training resources, including updates to internal documentation and support tools to ensure consistent system use and best practices.

Finding 2: Timeliness of Permitting Process

1. Completed March, 2023: Launched Simple Permits (for limited residential projects) and SolarApp+ resulting in 1-2 days approvals with 70% permits issued same day. The Building Division and the Innovation group collaborated to streamline building permitting processes.

2. Completed, March 2023: Improved Plan Review timelines for 4,6,10 weeks in first plan review. Subsequent reviews are at 50% of timelines.

3. Completed, May 2024: Created detailed submittal requirements handouts for different types of project such as Single-Family Dwelling, Duplex, ADU, Multifamily, Mixed Use, etc. and made them available on the Building Division website for a complete permit submittal.

4. Completed, June 2024: “Active Review Task/Workflow” to assist all City Stakeholders understand the status of all projects actively “In Review” allowing stakeholders to easily see any overdue projects and understand the total scope of projects in the review que.

5. Completed, July 2024: Reporting and monitoring the performance of Building review tasks for different review types (OTC, Simple, Regular, Complex and Large New Building). Prior to the release of this audit, the Plan Review manager would run these reports quarterly, effective July 2024 these performance reports are run on a monthly basis.

6. Completed, August 2024: Developed a pre-approved ADU Plan Program to reduce the time required for plan check resulting in faster permit issuance. This pre-approved ADU plan program was made available on website in August 2024. The division will monitor the effectiveness of the program.

7. Completed, August 2024: Launched a “Plan Check Dashboard”, showing active review tasks for all Building plan reviewers and consultants with target due dates. The Plan Review 4 manager uses this Dashboard twice a week to monitor the plan reviewer’s workload and any potential overdue Building review tasks.

8. On-going: Streamline and expand Over-the-Counter (OTC) and simple permit applications by June 2025. With the expanded Simple Building Permits, the applicant can typically receive approval for building permits within 1-2 business days.

9. In Progress: Building Division is evaluating the plan review target timelines and coordinating with our internal stakeholders to reduce the timelines for various project types.

10. Future Workplan: Integrate permit system data with other City platforms, such as GIS and SolarAPP+, to provide a more holistic view of land use and development activity and provide more self-help records requests options.

Finding 3: Permit Fees

1. Completed, September 2023: Implemented automated fee calculations in Simple Permits and SolarAPP+ for projects with known variables, reducing manual data entry and minimizing errors.

2. Completed, January 2024: The Permit Tech workgroup instituted a regular weekly meeting program to provide training and review daily operating procedures to ensure consistent application of the Divisional Policy & Procedures.

3. Completed, May 2024: Implemented a standardized review process for all Building permit fee invoices performed by the Senior Permit Techs and/or the Permit Center Supervisor to identify any reoccurring errors and provide real-time training and updates.

4. In Progress: Developing a comprehensive Policy & Procedures manual, in accordance with finding #1, with a detailed section on permit fees.

5. In Progress: Developed a QC program that reviews random permit records on a monthly, quarterly and annual bases to verify all aspects of the permitting process from intake to issuance.

Finding 4: Performance Monitoring and Process Improvement

1. Completed, July 2024: Implemented a customer feedback survey that is automatically sent to all customers who visited the permit center once their appointment was completed.

2. In Progress: Expand our use of customer surveys to better understand any gaps in service and ways to improve the customer experience, including after submitting an application.

3. Completed, March 2024: Developed and implemented several internal reports to improve transparency for all City stakeholders and reduce the occurrence of late plan reviews.

4. In Progress: Working with all stakeholders to review and assess plan review performance measures.
5 5. Completed, 2023-24: Streamlined key permitting workflows and automated internal processes, reducing manual staff effort and improving turnaround times for permit processing, such as the Planning Zoning Clearance and the SolarAPP+ revisions application.

6. Ongoing: Advanced the City's Enterprise Permitting System by leading strategic improvements to the Accela Civic Platform, enhancing the user experience for both staff and the public and laid the foundation for more improvements to come.

7. Completed, July 2024: Solar App+ Revisions launched to automate revisions for the permits.

8. Completed, July 2024: New queuing and appointment booking app for Permit Center launched.

9. Completed, 2024: Streamlined Planning Division applications for administrative approvals.

10. Ongoing: Expand knowledge management and training resources in the Accela Knowledge Base for staff, including updates to internal documentation and support tools to ensure consistent system use and best practices.

11. Ongoing: Leverage system analytics and reporting tools to support data-informed decision making and continuous process improvement within Community Development and across departments.

12. Ongoing: Collaborate on Citywide digital transformation efforts, using the Permitting Online Portal as a model for service delivery modernization and customer-centered design.

13. August 2025: Complete a comprehensive web content audit to improve accessibility, clarity, and user-experience across Community Development webpages, aligning with WCAG standards and best practices for a Permit Center website while supporting the launch of the redesigned Permitting Online Portal.

Organizational Assessment
In February 2025, the City launched an organizational assessment, with the Community Development Department (CDD) among the first evaluated. The assessment, along with the audit by Baker Tilly, will help identify structural, operational, and capacity-related strengths and challenges.

Leadership, management, and staff across CDD and partner departments are aligned in their commitment to improve the permitting process.

Next Steps
Once the audit committee and City Council provide guidance, staff will present a detailed workplan that includes performance metrics, improved timelines, robust use of Accela, and documentation of systematic improvements.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-978 Agenda Date: 10/7/2025

REPORT TO COUNCIL

SUBJECT
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.

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 City of Santa Clara Page 1 of 5 Printed on 10/3/2025
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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 City of Santa Clara Page 2 of 5 Printed on 10/3/2025
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25-978 Agenda Date: 10/7/2025
“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 City of Santa Clara Page 3 of 5 Printed on 10/3/2025
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25-978 Agenda Date: 10/7/2025
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 [email protected] or at the public information desk at any City of Santa Clara public library.

City of Santa Clara Page 4 of 5 Printed on 10/3/2025
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25-978 Agenda Date: 10/7/2025

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.

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
City of Santa Clara Page 5 of 5 Printed on 10/3/2025
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Vicinity Map (Zoning) - 3225 Stevens Creek
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created on 04/21/2025 17:10:44
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable.

THIS MAP IS NOTTO BE USED FOR NAVIGATION
Planning and Inspection Department
Planning Division
1500 Warburton Avenue
Santa Clara, CA 95050
Ph: (408) 615-2450
Appeal Form
Instructions
Use this form to appeal a decision of the Architectural Review Committee or Planning Commission. All appeals must be filed in the Planning Division within seven calendar days of the action being appealed.

Appeals from the Architectural Review Committee are made to the Planning Commission and will be set for hearing on the next available Planning Commission agenda. Appeals from the Planning Commission are made to the City Council and will be placed on the subsequent City Council Agenda to set a hearing date. Please contact the Planning Division at the number listed above with any inquiries about the process.

Please print, complete, and sign this form before mailing or delivering to the City, along with the fee payment, and supporting documentation, letters, etc. (if any).

Appeal Fees
Appeal Fees are set by the Municipal Code of the City of Santa Clara and are subject to annual review. Please call the Planning Division for the current Appeal Fee. Fee payment must be received by the City of Santa Clara before this form submittal can be certified as complete.

Appeal fees may be paid by cash, check, or with VISA, MasterCard, or American Express, at the Permit Center at City Hall. Alternatively, checks or money orders made payable to City of Santa Clara can be mailed or delivered to Planning Division, City Hall, 1500 Warburton Avenue, Santa Clara, California 95050.

Appellant Declaration
Name: _______________________________________
Street Address: _______________________________________ City, State, Zip Code: _______________________________________ Phone number: _______________________________________
E-mail address: _______________________________________ In accordance with the provisions of the Municipal Code of the City of Santa Clara, I hereby appeal the following action of the:

Architectural Review Committee Planning Commission
at it’s meeting of _______________________.
(date)
Agenda Item No.: ______________________
File No.(s): ______________________
Address:/APN(s): ______________________________________________________________ Appellant Statement
(If more space is required, attach a separate sheet of paper.) Action being appealed:
____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Reason for Appeal:
____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Certification of Authenticity
Beware, you are subject to prosecution if you unlawfully submit this form. Under penalty of law, transmission of this form to the City of Santa Clara is your certification that you are authorized to submit it and that the information presented is authentic. ________________________________ ________________
Signature of Appellant Date
John F. Domingue for Monar, LLC per

8.28.28 Property Owner Authorization
silicon valley l east bay l lake tahoe
465 N. Santa Cruz Ave.

Los Gatos, CA 95030
3201 Danville Boulevard
Suite 172
Alamo, CA 94507
please use this address for mailing
150 Alpine Meadows Road
Alpine Meadows, CA 96146
do not mail to this address
JOHN F. DOMINGUE

ATTORNEY AT LAW
OFFICE 408.495.3900 | DIRECT 408.591-5180
LEGAL ASST. 408.495.3908 (Maria)
[email protected] w/cc to [email protected]
August 20, 2025
Santa Clara City Council
1500 Warburton Avenue
Santa Clara, CA 95050
Re: Santa Clara Subaru – Application Appeal
I. Introduction
This appeal is submitted by the Subaru dealership property owner, Monar LLC (“Monar”). The Planning Commission denied Monar’s modest request to conform garbage pickup to what the garbage company (Mission Trail) wants, and to have such pickup match every other business on the same block.

The Planning Commission heard Monar’s request at its regular meeting on August 13, 2025, as Agenda Item No. 25-717, File No. PLN24-00392. Monar requested modifications to just two planning conditions within its Conditions of Rezone and Use Permit (File No.

PLN2015-11350 – the “CUP”). Monar sought to change just a few words within conditions P6 and P19 to allow solid waste and recycling to be collected from Cecil Avenue just like all of the neighboring businesses (otherwise, garbage would need to be picked up on Stevens Creek Boulevard, which Mission Trail states is unsafe).

At the meeting, the Planning Commission voted to make no changes to the CUP, and thus denied Monar’s application to allow garbage pickup on Cecil Avenue. By all indications, the Planning Commission either confused the request with other modifications being heard at the same time, or overly focused comments from a couple neighboring homeowners who misleadingly suggested that allowing garbage collection on Cecil Avenue would compromise “the safety, comfort, and peace of its residents.” This is entirely untrue because all of the neighboring businesses already have their garbage picked up on Cecil Avenue. Approving Monar’s modification request to the CUP would merely retain the existing practice—the weekly pickup would stay entirely the same and would secure the safety of Mission Trail employees (who say that pickup on Stevens Creek Boulevard is dangerous).

II. Prior Proceedings and the City Staff Report
Monar’s application first came before the Planning Commission on May 21, 2025. The Planning Commission heard from the City of Santa Clara, then Monar’s representative, David Zamora, and finally, public comment from a few residents living on Cecil Avenue. Mr. Zamora addressed a few questions from the Commission, mostly involving the mechanics of how the proposed trash pickup would impact the local residents (no impact whatsoever) and whether any August 20, 2025

alternative pickup options were viable. After this, the Commission took public comment from the local residents.

Four supposed residents spoke, and each were each given two minutes to provide statements on why they believed the proposed change to allow Mission Trail to pick up trash on Cecil Avenue would negatively impact their neighborhood. At the conclusion of all this, the Commission expressed an inclination to deny Monar’s application (which formally occurred at a follow-up, private action at the Commission’s August 13, 2025 meeting).

The Commission’s decision on the application was particularly surprising given the City of Santa Clara Staff Report to the Commission on the matter. The Staff Report first notes that Monar’s request was made at the urging of the City, itself, to resolve the issue of Monar’s garbage that was then being transferred to a neighbor for discard and pickup (on Cecil Avenue).

The Staff Report then notes that oil and fluid pickup are already happening once a week on Cecil Avenue. Next, the Staff Report noted that under a CEQA study, it was found that noise pollution along Cecil Avenue was slightly high, which resulted in some mitigations such as keeping rollup doors closed between 10:00 p.m. and 7:00 a.m., and limiting their use during business hours.

According to the Staff Report, these mitigations do not include stopping garbage pickup on Cecil, which happens just once per week.

Next, the Staff Report noted that the CUP precluding trash pickup for Monar “created a unique situation for this project site as it is the only commercial property along Cecil Avenue that does not have solid waste and recycling collected from Cecil Avenue.” (emphasis added) Further, the Staff Report notes that a recent conditional use permit issued for another dealership along Cecil Avenue allows pickup on Cecil Avenue.

The Staff Report then concluded that the elements for modification of a conditional use permit (under Santa Clara City Code Chapter 18.150) had been satisfied, and the staff recommended that the Commission “adopt a resolution approving a Conditional Use Permit for the modification of existing conditions of approval to allow solid waste and recycling collection from Cecil Avenue for the property located at 3225 Stevens Creek Boulevard.” In support of this conclusion, the Staff Report notes the following:
• The solid waste and recycling collection restriction under Planning Division conditions 6 and 19 creates an unreasonable constraint to the site’s waste management. • The constraint is unique to this site as similar development abutting Cecil Avenue has been allowed to get their solid waste and recycling collected from this street 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.
• These conditions are no longer necessary due to the conditions on the ground.

The full Staff Report, with exhibits, is attached as Exhibit A.

August 20, 2025

III. The Original CUP Restriction on Cecil Garbage Pickup Was a Mistake In looking at the background of the particular conditions at issue prohibiting garbage pickup on Cecil, it becomes apparent that they were mistakenly included. As referenced above and in the Staff Report, Cecil Avenue was the subject of a study in 2015 looking at the growth of auto-oriented commercial businesses along Stevens Creek Boulevard (which runs parallel to Cecil Avenue). This study determined that there was an above-normal amount of noise pollution for a residential neighborhood, and suggested certain mitigations. Later, a Mitigation Monitoring and Reporting Program was created with the intent of lowering noise pollution along Cecil Avenue. As a part of this Mitigation Monitoring and Reporting Program, the Planning Commission approved a list of Conditions for Approval which, among other things, included adding restrictions to the use of the roll up doors located along Cecil Avenue. But, as noted by the City staff in their Staff Report, these mitigations did not include the prohibition on Cecil Avenue garbage pickup because that does not minimize noise (the mitigations focused on actual noise-creating conditions such as roll up doors staying open for hours on end allowing business and Stevens Creek Boulevard noise to pass through to Cecil Avenue). Apparently by mistake (because it does not reduce noise), the CUP for Monar included language in P6 and P19 to prevent garbage pickup along Cecil Avenue. A carbon-copy conditional use permit issued to a neighboring dealership afterward did not contain this exclusion further showing the Monar restriction to be a mistake (and one that does not serve to reduce noise pollution).

IV. Monar’s Application
On September 9, 2024, Monar submitted an application to the Planning Commission of the City of Santa Clara for a “Conditional Use Permit to modify existing conditions of approval (condition P6 & P19) to allow trash to be picked up at Cecil Avenue for the existing Subaru dealership.”
Monar has attached as Exhibit B the CUP with Monar’ proposed substantive modifications (shown with underlined language to be added and strike-throughs of the language to be deleted). Monar seeks to add language that the roll up door can be used as it is now, plus “to facilitate the collection of waste.” Language in both P6 and P19 inconsistent with this addition is struck through and slated for deletion from the CUP. This is the essence of Monar’s appeal.1
With Monar’s original application, it uploaded site plans to the City of Santa Clara portal identifying the requested pickup location. For convenience, this site plan and notice of development plans (that were posted on the Monar property for the public’s visibility and awareness) are shown below:
1 Within the Staff Report, there is also discussion of CUP conditions P8 and P20 about employee parking instructions and use of generator-powered car washing machines. The Planning Commission voted not to change these other conditions. Monar is not seeking to appeal the Planning Commission’s decision on P8 and P20, which will therefore remain as is.

August 20, 2025

On May 15, 2025, a Notice of Public Hearing was posted at Monar’s Subaru dealership notifying local residents that material related to Monar’s request would be heard on May 21, 2025, and public comment would be open for interested parties.

On May 21, 2025, the Planning Commission meeting took place in which the Planning Commission ultimately said Monar’s application for a Conditional Use Permit would be denied (and the formal denial was done on August 13, 2025). As noted above, during the meeting, Mr.

Zamora gave a presentation showing the trash pickup recommendation. The Commission was permitted to ask questions following both presentations to help clarify any misunderstandings.

Public comment was then opened, at which point a few residents of Cecil Avenue came forward to provide their concerns with the proposed change in the CUP.

Thereafter, a recommendation to deny was made by one of the Commission members but it was unclear to what it related exactly (because there was also the proposed CUP changes mentioned in the footnote above about employee parking instructions and washing machines). So the Santa Clara Assistant City Attorney, Jennifer Beyers, clarified to the Planning Commission that “the intent of the application was to change the location of the waste and recycling August 20, 2025

collection, so to the extent the recommendation is outside of that scope, I would recommend reopening public comment, giving the applicant an opportunity to speak on it as well.” (Planning Commission Meeting, 2:52:52.)
Ms. Beyers then made an additional statement for consideration indicating that there was not a resolution prepared for denial at the time of the meeting, so it was recommended to the Planning Commission that the motion be modified to bring back a resolution of intent to deny at the following meeting. This recommendation was adopted, which permitted the Commission to vote to deny Monar’s application at the meeting, but allowed for the City of Santa Clara staff to prepare a written resolution on the findings by the Commission and summarize the items discussed in consideration of Monar’s application. This report was then set to be brought back during the next meeting as a consent item to be approved in form by the Commission on August 13, 2025, which triggered this timely appeal on August 20, 2025. (Planning Commission Meeting, 2:55:11.) Based upon the history, and Ms. Beyer’s comments at the May 21, 2025 meeting, it appears very possible that Monar’s request was lumped in for an en masse denial (with the other items the Commission actually wanted to deny) when it should have been considered separately and possibly approved consistent with the Staff Report recommending approval.

On August 13, 2025, the Planning Commission held a meeting to discuss several items, including the proposed resolution to deny Monar’s application. This action item, number 1.C 25-717, appeared on the meeting agenda prior to the meeting, with a recommendation that the Planning Commission “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.” At the Planning Commission meeting, Commissioner Biagini made a motion to adopt the resolution as proposed in the meeting agenda, which was seconded by Commissioner Bouza. Ultimately, the motion was passed on a vote of 5 to 1, with only Commissioner Qian Huang voting against the proposed motion. There does not appear to have been further discussion on the matter at that time.

V. SOLID WASTE AND RECYCLING PICKUP RELOCATION
A. Legal Standard
A Conditional Use Permit may be modified or revoked pursuant to Santa Clara City Code Chapter 18.150. This chapter allows for modification when the “[c]ircumstances 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.” B. Location of Collection Activity
Monar’s Subaru dealership has an official address of 3225 Stevens Creek Boulevard, San Jose, California. The dealership is a large building, and the parcel on which it is located stretches the entire width of the city block, meaning the rear of the parcel is located on Cecil Avenue in San Jose. Monar’s Subaru is bordered on both sides with several other commercial August 20, 2025

businesses, including the new Lincoln dealership that is currently under construction. The opposite side of Cecil Avenue is lined with residential homes. A vicinity map is included below to show the layout of the area. The blue “X” identifies the Subaru dealership location, and the green circles are the homes of the Cecil Avenue individuals who signed an opposition to Monar’s application.

C. Current Garbage Pickup
Mission Trail is the garbage pickup company and for all of the businesses along Cecil Avenue. Mission Trail picks up once per week on Cecil Avenue (as noted by the City staff in the Staff Report). This has even included the garbage from Monar’s Subaru dealership, which went into a dumpster emptied by Mission Trail on Cecil Avenue. Every business and conditional use permit before and after the Monar CUP provided for trash pickup on Cecil. This is how Mission Trail will pick up garbage regardless of the outcome of this appeal. Denying this appeal will not lessen the noise or trash pickup activities already happening on Cecil Avenue. A photo below depicts Mission Trail’s current trash pickup route.

August 20, 2025

As shown in the photo above, Mission Trail’s collection route runs behind the Subaru dealership and continues along Cecil Avenue to service other nearby commercial properties. This route is followed once per week, consistent with standard waste collection schedules. Identified in green are the existing commercial businesses that currently have their solid waste and recycling collected from Cecil Avenue—Yeganeh Bakery, Stevens Creek Lincoln, BevMo, Must be Thai, Men’s Wherehouse, and Mancini’s Sleep World.

Under the current conditions of approval, the Subaru dealership (circled in blue) is the only commercial property in the area excluded from trash and recycling collection on Cecil Avenue. Notably, the Subaru dealership already has its oil and fluids picked up weekly from Cecil Avenue, demonstrating that service infrastructure is in place. For what can only be explained as a mistake, particularly with a more recent conditional use permit allowing Cecil Avenue garbage pickup, Monar’s Subaru dealership has been omitted from this collection route.

D. There Is No Additional Burden to the Cecil Avenue Residents Allowing trash collection from Cecil Avenue would not place any additional burden on local residents. As previously discussed, Mission Trail already operates a weekly collection route along Cecil Avenue, servicing nearby commercial properties. Monar is not requesting that a new route be created or an increase in service amount or frequency—only that a single stop be added for Monar’s Subaru dealership. This request would not increase noise pollution, as trucks already operate along Cecil Avenue, and the collection process would not involve reversing maneuvers.

Furthermore, the adjacent Lincoln dealership, currently under construction, has already received approval for trash collection on Cecil Avenue. Extending the same approval to the Subaru August 20, 2025

dealership would be consistent with current practices and would not adversely affect local residents.

During the public comment portion of the Planning Commission meeting, a local resident claimed Monar was seeking “a direct change to the status quo.” This statement is inaccurate. In reality, Monar seeks to preserve the status quo. Multiple commercial businesses along Cecil Avenue already receive trash and recycling services from Mission Trail. Maintaining the current conditions of approval would create an inconsistency by requiring Mission Trail to deviate from its regular route to provide special handling for just one property. This would unnecessarily extend the collection process, increase noise, and prolong the presence of trucks in the area— precisely the types of disturbances residents wish to avoid.

Another local resident expressed concern that the owners of Monar’s Subaru would fail to maintain cleanliness at the dealership and allow trash to accumulate in and around the new waste collection area. This claim is unfounded. The photograph below, taken from Cecil Avenue, shows a well-maintained dealership with no visible trash. Both the street and sidewalk are clean, with no signs of debris or garbage accumulation near the premises.

Furthermore, as shown on the site plan above, there is a trash enclosure within the above structure, which completely blocks any garbage from view. The current request by Monar would not change where garbage is collected or seen. That remains hidden from view. The only change is to roll the dumpster out once per week onto Cecil Avenue along with all of the other dumpsters of the neighboring businesses.

August 20, 2025

E. Safety Risks of Pickup on Stevens Creek Boulevard
One of the many grounds for modifying a condition in the CUP is to ensure safety. In support of Monar’s Application, Mission Trail submitted a statement heavily favoring trash pickup on Cecil Avenue instead of Stevens Creek Boulevard for not only convenience, but also safety. The company cited the high traffic speeds and congestion on Stevens Creek as a significant safety hazard for its employees.

Stevens Creek Boulevard is one of the busiest thoroughfares in the Bay Area and sees thousands of commuters every day across its six lanes. The posted speed limit is 35 miles per hour, however, based on independent observation, local drivers typically drive anywhere between 40-50 miles per hour depending on the time of day and amount of traffic. Between the number of lanes, width of the road, and estimated average speed of regular commuters, it would be highly unsafe to require Mission Trail’s trash collection truck to stop in the middle of traffic to collect waste when a perfectly safe and viable alternative route already exists along Cecil Avenue. Below is an aerial view of Monar’s Subaru dealership and its frontage along Stevens Creek Boulevard.

As the above photo shows, the conditions presently in the CUP would require Mission Trail to stop a truck. blocking both the bike lane and one lane of traffic. while cars are zooming by at up to 50 miles per hour. This is why Mission Trail understandably says this is a major safety hazard and should not be done.

August 20, 2025

During the Planning Commission meeting, an alternative proposal was suggested—to preclude parking, at least on trash pickup days, in front of the Subaru dealership to create more room for the Mission Trail trucks. This proposal, however, does not resolve the underlying concerns. First, the trucks are much larger than cars and would still block traffic, especially when the equipment is operating and Mission Trail staff need to open the truck door. Second, the street parking is convenient for the bakery customers next door, who would likely pay no mind to a “no parking” sign for a quick run-in to grab their pick up item. Also, Mission Trail would still be required to deviate from their normal route for just one business and stop along a heavilytrafficked roadway. Finally, this proposal would not only prove futile to avoid safety risks and practical problems, it would remove several public parking spaces in the area for the businesses along the road.

It is also critical to consider how a Mission Trail stop in front of the dealership, certainly blocking at least one lane, will affect traffic flows. Monar’s Subaru dealership is located approximately one half a mile away from the nearest light, meaning cars travelling along Stevens Creek Boulevard are well up to speed by the time they reach the front of the dealership. These cars would be forced to stop, or worse swerve around Mission Trail’s collection truck. The picture below provides a visual example of the distance between the nearest light and the front of dealership.

One other suggestion was having Mission Trail trucks enter the Subaru property from Stevens Creek to collect waste internally. This suggestion is not feasible. The dealership’s fire suppression system imposes a low clearance that prevents truck access. Additionally, the property layout would require trucks to reverse back onto Stevens Creek Boulevard or Cecil Avenue, introducing new safety risks, increased noise pollution, and greater disruption to traffic.

F. Health and General Welfare Risks of Employees
Under the present CUP conditions on garbage collection, Stevens Creek Subaru employees would be required to start manually pushing fully-loaded trash and recycling dumpsters from the rear of the property (just inside the roll-up door on Cecil Avenue) all the way to the front of the dealership on Stevens Creek Boulevard. This task is both impractical and August 20, 2025

unsafe. A standard 6-yard dumpster weighs approximately 1,200 pounds when full, making it exceptionally hazardous and physically demanding for employees, who could risk injury attempting such a move. A picture and details of the dumpsters used by Subaru (and picked up by Mission Trail on Cecil Avenue) is below:

Employees have no viable equipment or vehicles available to assist with moving these dumpsters. Using a car to push the dumpsters would create new dangers for staff, customers, and the building itself. While temporary alternatives for waste disposal have been used during this period, those options are no longer sustainable. Monar requires a safe, consistent method for weekly trash and recycling collection that does not place employees or the public at risk.

As currently written, the conditions of approval run counter to the goals of public health, safety, and general welfare (and they do not serve to reduce noise and garbage truck traffic, which were the main concerns raised by the Cecil Avenue residents). Monar is not requesting preferential treatment, but rather the same garbage pickup that every other business has along Cecil Avenue, which is also what Mission Trail wants. Permitting collection from Cecil Avenue would simply involve adding a single stop to an already-established route. In contrast, mandating pickup from Stevens Creek Boulevard would introduce safety hazards and contribute to traffic congestion. Given the zero impact on the residential community and the disproportionate burden placed on Mission Trail and Stevens Creek traffic, the balance of interests clearly supports modifying the current conditions to allow trash and recycling collection for Subaru on Cecil Avenue.

VI. The Apparent Confusion Surrounding the Planning Commission Decision Anyone sitting through Planning Commission public hearings will notice that it is fairly uncommon for the Planning Commission to disregard a well-reasoned Staff Report recommendation, particularly one such as here with strong factual. Somehow, that occurred here and it may not have been the actual intent.

At various times throughout the Planning Commission meeting, several Commissioners made comments indicating that they were confused as to what was being discussed, and did not seem to understand the true purpose of Monar’s application. In a round of comments by the Commission, Commissioner Bhatnagar stated “[j]ust to make a comment, the extent of confusion that exists in the minds, certainly for me, I will say it out loud, I would not approve any changes.” (Planning Commission Meeting, 2:44:39, Emphasis Added.) Shortly thereafter, August 20, 2025

commissioner Biagini stated “[t]his was a bit confusing but I do thank you for your comments…” (Planning Commission Meeting, 2:45:37, Emphasis Added.) These statements, made by commissioners who voted to deny Monar’s application, indicate a lack of understanding of Monar’s application by the Commission. Thus, the record suggests that the Commission denied what was otherwise a strong application likely because they did not understand it—again, possibly because it was mixed in with a proposal for two other CUP modifications that the Commission did, in fact, want to deny.

VII. CONCLUSION
Monar’s application does not represent a departure from the status quo. It does not increase vehicle traffic on Cecil Avenue. It does not increase trash pickup on Cecil Avenue (Subaru trash has already been picked up there). It does not increase noise. Mission Trail picks up—just once per week in a matter of minutes—all of the dumpsters from all of the other businesses along Cecil Avenue. Thus, allowing Mission Trail to do the same for Monar’s Subaru dealership does not create any new burden for the local residents.

By contrast, requiring trash collection from Stevens Creek Boulevard introduces unnecessary and avoidable safety hazards, logistical impossibilities for Mission Trail and Subaru employees, and increased traffic disruptions. The Planning Commission’s decision was based, in whole or in part, on confusion and an apparent misunderstanding of the true nature of the application. For these reasons, Monar respectfully requests that the City Counsel change the Planning Commission’s mistaken denial and grant Monar’s appeal to allow garbage and recycle pickup on Cecil Avenue under the modifications proposed in the attached version of the CUP.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-372 Agenda Date: 5/21/2025

REPORT TO PLANNING COMMISSION

SUBJECT
PUBLIC HEARING: Action on Conditional Use Permit (PLN24-00392) to Modify Existing Conditions of Approval (Conditions P6, P8, P19, & P20) to Allow Solid Waste and Recycling Collection from Cecil Avenue for the Existing Subaru Dealership Located at 3225 Stevens Creek Boulevard.

REPORT IN BRIEF
File No.: PLN24-00392
Project: Conditional Use Permit to modify existing conditions of approval (conditions P6 and P19) 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 Staff Recommendation: Determine that the request is exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15305 (Class 5 - Minor Alterations in Land Use Limitations); and adopt a resolution approving a Conditional Use Permit for the modification of existing conditions of approval to allow solid waste and recycling collection from Cecil Avenue for the property located at 3225 Stevens Creek Boulevard.

BACKGROUND
On September 9, 2024, David Zamora & Reza Soleimany (Applicant), on behalf of Monar LLC (Owner) filed a Conditional Use Permit (CUP) modification application for the subject site located at 3225 Stevens Creek Boulevard. The Applicant requests to modify Conditions of Approval P6 and P19 associated with the current CUP (File No. PLN2015-11350) to allow the operation of existing roll-up doors during business hours to facilitate solid waste and recycling collection from Cecil Avenue.

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EXHIBIT A-PLN25-00362
25-372 Agenda Date: 5/21/2025
The project site was originally developed in the 1960’s and has since operated as a car dealership. The current active CUP (File No. PLN2015-11350) was approved by the Santa Clara Planning Commission on July 27, 2016, to allow an expanded car dealership and construction of a new building. A 0.28-acre portion of the project site (Former APN: 303-18-041) had to be rezoned from Agricultural (A) to Thoroughfare Commercial (CT) and was approved by Santa Clara City Council on Augst 30, 2016. Subsequently, as part of a citywide effort to make the zoning of parcels consistent with their General Plan land use designation, the subject property’s zoning was changed to Regional Commercial (CR) in August 2024.

The car dealership did not build the approved solid waste and recycling enclosure as required under File No.

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. In August 2023, the City of Santa Clara became aware of the noncompliance and sent a violation letter (Attachment 7) with options for the dealership to remedy the violation. The car dealership has their oil / fluid picked up once a week on Cecil Avenue as allowed by the Conditions of Approval.

The Applicant’s request is one of the remedies proposed in the letter. This request is submitted pursuant to Santa Clara City Code Chapter 18.150, Permit Modifications and Revocations. The request was required to go through the Project Clearance Committee, and it was deemed cleared on March 11, 2025.

DISCUSSION
The project site is located along the City’s southern border along the Stevens Creek Boulevard commercial corridor lined with auto-oriented uses. This corridor was developed at the same time as the suburban tract homes abutting the subject property to the north along Cecil Avenue. See Attachment 1 for a vicinity map of the area. Existing auto-oriented land uses have intensified over the decades, resulting in an increase in the noise, light, and air pollution. The residents of these residences voiced their opposition to the intensification of the subject site in 2015. Their concerns regarded noise and light pollution that the site would generate and how it would disrupt the residential character of their neighborhood.

An Initial Study was prepared for the proposed project in 2015 in accordance with the CEQA. The Initial Study determined that the noise pollution generated by the site’s activities would exceed thresholds and needed mitigation. Mitigations were intended to restrict the ability of commercial vehicles to use the roll-up doors facing Cecil Avenue. The following mitigations were included in the project’s Mitigation Monitoring and Reporting Program:
· Limit soundings of horns as vehicles
· Roll up doors shall remain closed at all times between the hours of 10:00 PM and 7:00 AM · Close roll-up doors when practical during all hours of operation · Utilize bays farthest from the roll up doors first and locate noisier activities in bays furthest from roll up doors
· Keep exterior door to compressor/tanks closed except while entering or exiting, and · Limit all exterior activities, including loading and receiving of materials and site circulation to the hours of 10:00 PM and 7:00 AM
To address the community’s concerns, the Planning Commission approved the CUP (File No. PLN2015- 11350) after adding additional restrictions to the use of the roll up doors along Cecil Avenue by adding the following conditions:

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· Condition 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.”
· Condition 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.

These conditions have created a unique situation for this project site as it is the only commercial property along Cecil Avenue that does not have solid waste and recycling collected from Cecil Avenue. A recent example is the Stevens Creek Lincoln dealership adjacent to the property was approved (File No. PLN21- 15129) to have their solid waste and recycling collected from Cecil Avenue.

General Plan Conformance
The request abides with the following General Plan Policies:
· 5.5.2-P12: Screen loading and trash areas to preclude visibility from off ‐
site and public streets.
· 5.8.2-P7: Concentrate through traffic on major streets and encourage traffic distribution that maximizes the efficiency of the existing roadway network.
· 5.8.2-P8: Minimize disruption of traffic flow resulting from truck traffic and deliveries, particularly during commute hours.

Zoning Conformance
A CUP may be modified or revoked pursuant to Santa Clara City Code Chapter 18.150. The Review Authority which originally granted the permit is authorized to modify the permit if it meets the finding below:
“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” Here, Finding “D” of the 2016 Resolution approving the car dealership 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 rollup 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:

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o The solid waste and recycling collection restriction under Planning Division conditions 6 and 19 creates an unreasonable constraint to the site’s waste management. o The constraint is unique to this site as similar development abutting Cecil Avenue has been allowed to get their solid waste and recycling collected from this street for recent projects. o The waste management company (Mission Trail) operates their collection trucks on Cecil Avenue currently and modifying these conditions will not generate additional noise pollution. o These conditions are no longer necessary due to the conditions on the ground.

After reviewing the current conditions and operations of the car dealership, staff also suggests modifications to conditions P8 regarding directing employees where to park, and P20 starting the car wash one hour later in the a.m. on weekdays so they are better enforceable and are consistent with the General Plan and Zoning.

See Attachment 3 for the redline of the proposed edits to the conditions.

The Stevens Creek Subaru dealership currently has an unreasonable constraint implementing their waste management. Modifying conditions 6 and 19 to allow solid waste and recycling collection on Cecil Avenue will consolidate and improve both Mission Trail and this site’s operations. The change will not be detrimental to the health, safety, peace, comfort and general welfare of residences in the neighborhood because no additional noise, light, and air pollution will be generated.

ENVIROMENTAL 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
On May 8, 2025, a notice of public hearing on this item mailed to property owners within 500 feet of the project site. At the time of this staff report, Planning Staff has not received public comments in support or opposition to the proposed request.

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RECOMMENDATION

1. Determine the request is exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15305 (Class 5 - Minor Alterations in Land Use Limitations);

2. Adopt a resolution approving a Conditional Use Permit to modify existing conditions of approval (Condition P6, P8, P19, & P20) to allow solid waste and recycling to be collected along Cecil Avenue for the existing Subaru dealership located at 3225 Stevens Creek Boulevard, subject to findings and the revised conditions of approval.

Prepared by: Alex Tellez, Assistant Planner
Reviewed by: Alexander Abbe, Assistant City Attorney
Approved by: Lesley Xavier, Planning Manager

ATTACHMENTS

1. Vicinity Map

2. Resolution approving Conditional Use Permit

3. Conditions of Approval

4. Development Plans

5. Justification of Request

6. Web Links

7. Violation Letter

8. Code Enforcement Case Log
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Vicinity Map (Zoning) - 3225 Stevens Creek
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CR - Commercial Regional
Notes
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This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable.

NAD_1983_2011_StatePanel_California_III_FIPS_0403_Ft_US ©City of Santa Clara THIS MAP IS NOT TO BE USED FOR NAVIGATION Resolution/ 3225 Stevens Creek Blvd CUP Amendment Page 1 of * Rev. 1/9/2024
RESOLUTION NO. __________

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF SANTA CLARA, CALIFORNIA APPROVING THE

MODIFICATION OF AN EXISTING CONDITIONAL USE PERMIT
AT 3225 STEVENS CREEK BOULEVARD.

PLN2024-00392 (Conditional Use Permit)

BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, on September 9, 2024, David Zamora & Reza Soleimany (“Applicant”), on behalf of Monar LLC (“Owner”), filed an application to modify an existing Conditional Use Permit (“Project”) to change Planning Division conditions 6 and 19 to allow the operation of existing rollup doors during business hours to facilitate trash collection on Cecil Avenue for an existing car dealership located at 3225 Stevens Creek Boulevard (“Project Site”); WHEREAS, the Project Site is currently zoned Regional Commercial (“C-R”) and has a General Plan land use designation of Regional Commercial;
WHEREAS, the Project proposes to modify Planning Division conditions 6 and 19 to allow the existing roll-up doors fronting Cecil Avenue to be used during business hours to facilitate waste collection where currently waste is being required to be collected on Stevens Creek Boulevard; and,
WHEREAS, the Santa Clara City Code requires that any request to modify an existing Conditional Use Permit be reviewed by the Review Authority that originally approved the discretionary permit, which in this case is the Planning Commission; WHEREAS, the Project is categorically exempt from the California Environmental Quality Act per Section 15305 – Minor Alterations in Land Use Limitations (Class 5), which applies to minor alterations in the land use limitations as long as it doesn’t change the density or land use; Resolution/ 3225 Stevens Creek Blvd CUP Amendment Page 2 of * Rev. 1/9/2024
WHEREAS, on May 8, 2025, the notice of public hearing for the May 21, 2025, Planning Commission meeting was mailed to property owners within a 500-foot radius of the Project Site boundaries; and
WHEREAS, on May 21, 2025, the Planning Commission held a duly noticed public hearing to consider the application to modify an existing Conditional Use Permit and all pertinent information in the record, during which the Planning Commission invited and considered any and all verbal and written testimony and evidence offered in favor of and in opposition to the Project.

NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the Planning Commission hereby finds that the above Recitals are true and correct and by this reference makes them a part hereof.

2. That the Planning Commission herby approves the modification of the existing Conditional Use Permit to allow the operation of the existing roll-up doors fronting Cecil Avenue during Business Hours to facilitate waste collection for the Project Site subject to modified Conditions of Approval, attached hereto by this reference.

3. Pursuant to SCCC Code Section 18.150.040, the Planning Commission hereby finds that 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.
a. Specifically, Finding “D” of the 2016 Resolution approving the car dealership 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 Resolution/ 3225 Stevens Creek Blvd CUP Amendment Page 3 of * Rev. 1/9/2024
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:
i. The trash picked up restriction under Planning Division conditions 6 and 19 create an unreasonable constraint to the site’s waste management. ii. The constraint is unique to this site as future development abutting Cecil Avenue has been allowed to get their trash collected from this street. iii. The waste management company (“Mission Trail”) is operating their collection trucks on Cecil Avenue currently and changing these conditions will not generate additional noise pollution since they already operate on this street.
iv. These conditions are no longer necessary due to the conditions on the ground.

4. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 21 DAY OF MAY 2025, BY THE FOLLOWING VOTE:

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ABSTAINED: COMMISSIONERS:

ATTEST:

AFSHAN HAMID

DIRECTOR OF COMMUNITY DEVELOPMENT

CITY OF SANTA CLARA
Resolution/ 3225 Stevens Creek Blvd CUP Amendment Page 4 of * Rev. 1/9/2024
Attachments Incorporated by Reference:

1. Modified Conditions of Conditional Use Permit Approval Attachment 2
Stevens Creek Subaru - 3215 Stevens Creek Boulevard PLN24-00392/PLN2015-11350 Revised Conditions of CT Rezone and Use Permit Approval

CONDITIONS OF REZONE AND USE PERMIT APPROVAL
In addition to complying with all applicable codes, regulations, ordinances and resolutions, the following conditions of approval are recommended:

GENERAL
G1. If relocation of an existing public facility becomes necessary due to a conflict with the developer's new improvements, then the cost of said relocation shall be borne by the developer.

G2. Comply with all applicable codes, regulations, ordinances and resolutions.

ATTORNEY’S OFFICE
A1. The Developer agrees to defend and indemnify and hold City, its officers, agents, employees, officials and representatives free and harmless from and against any and all claims, losses, damages, attorneys' fees, injuries, costs, and liabilities arising from any suit for damages or for equitable or injunctive relief which is filed by a third party against the City by reason of its approval of developer's project.

PLANNING AND BUILDING INSPECTION
P1. Obtain required permits and inspections from the Building Official and comply with the conditions thereof. If this project involves land area of 1 acre or more, the developer shall file a Notice of Intent (NOI) with the State Water Resources Control Board prior to issuance of any building permit for grading, or construction; a copy of the NOI shall be sent to the City Building Inspection Division. A storm water pollution prevention plan is also required with the NOI.

P2. The Director of Community Development may refer the use permit to the Planning Commission at any time to consider the initiation of revocation proceedings if the conditions of approval are violated or the operation is inconsistent with the approved proposal. In addition, if complaints are received by the City with respect to this use, staff shall provide a review of the use permit to the Planning Commission within three months for consideration of revocation proceedings.

P3. Any modification to the approved proposal shall require an amendment to the Use Permit subject to Planning Commission review and approval prior to commencement of the proposed changes.

P4. Submit plans for Architectural Committee review to the Planning Division and obtain architectural approval prior to issuance of building permits. Said plans to include, but not be limited to: site plans, floor plans, elevations, landscaping, lighting, stormwater control, and signage. Changes to the plans, as required by conditions of approval contained herein, shall be provided as part of the architectural review plan set.

P5. The ground floor plan and building elevations shall be revised on plans submitted for Architectural Review to remove the roll-up door along the Cecil Avenue frontage of the property that accesses the car wash/detail area and modify the floor plan so that internal site circulation to/from this area occurs on-site and not using the public street.

P6. Pedestrian and roll-up doors opening onto Cecil Avenue should remain closed during operation, and be used for emergency ingress/egress, and to facilitate the collection of waste 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 rollup door between the service area and Cecil Avenue should remain closed at all times, except in the event of emergency ingress/egress needs and to facilitate the collection of waste. The roll-up door for the service area that faces east should remain closed except for vehicle ingress/egress in order to minimize noise disturbance to nearby neighbors, Attachment 2
Stevens Creek Subaru - 3215 Stevens Creek Boulevard PLN24-00392/PLN2015-11350 Revised Conditions of CT Rezone and Use Permit Approval

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.

P7. Prior to approval of the plans for Architectural Review, the landscaped setback along Cecil Avenue shall be increased to 10 feet, as required by the Zoning Ordinance for a “through lot” with two front property lines. Alternatively, the applicant shall submit for a minor modification, along with the justification therefor, and request that the building setback be reduced by a maximum of 25% to a minimum setback of 7 feet 6 inches along Cecil Avenue.

P8. . Employees shall be directed to park within designated parking stalls on-site. The designated parking stalls shall be signed or stenciled “Employee Only”. Employees shall be strongly discouraged to park off-site.

P9. Prior to approval of the plans for Architectural Review, the plans shall be revised to show the designated locations of all parking spaces required by the Zoning Ordinance to be provided for employees and customers. The Zoning Ordinance calls for 1 employee/customer space per 400 square feet of repair/showroom area (a total of 114 required parking spaces based on the proposed square footage) plus one space for every two non-auto-repair employees. The applicant shall identify the total number of non-auto-repair employees for the dealership as part of the architectural review application. Plans shall be labeled to identify whether parking stalls will serve retail customers, service/repair customers, or inventory purposes.

P10. The operator shall manage vehicular stacking for the service area such that it does not create back-up onto Stevens Creek Boulevard or otherwise affect vehicular, bike, or pedestrian circulation.

P11. All lighting shall be shielded to prevent any spillover onto adjacent properties. Developer shall adjust angle, shield, or dimming of the lights should there are spillover of lights onto adjacent properties. Bright white lighting for nighttime outdoor vehicle display shall not occur on the rooftop parking deck. Rooftop lighting shall be subdued and non-white in color (equivalent to low or high pressure sodium light) but adequate for safety as employee/customer parking and vehicle storage.

P12. The use of announcement or paging speaker systems outside the building is prohibited.

P13. Use of the 26-foot wide driveway exit to Cecil Avenue shall be minimized. Test drives shall use the Stevens Creek Boulevard driveway for ingress and egress. The solid gate across the 26-foot driveway to Cecil Avenue shall be closed at all times, except in the event of an emergency or in order to facilitate egress from the site by delivery or service trucks for which egress from the Stevens Creek Boulevard exit is problematic. Prior to approval of the plans for Architectural Review, the on-site circulation expected for vehicles and delivery trucks shall be identified.

P14. The interior service door to the car wash (facing east) shall be closed when the vehicle washing equipment is in operation. The applicant shall present service door and automatic opening device details to the satisfaction of the Architectural Committee to demonstrate that carwash and service area noise impacts on adjoining residences are minimized.

P15. The floors of the parking structure shall be textured or surfaced to minimize noise from vehicle tires in motion.

P16. All mechanical equipment associated with the ventilation of this building shall be located within the building or on the rooftop, screened from public view, and designed so that building ventilation exhaust areas do not directly face neighboring residential properties.

Auto wash area shall not be open toward residential properties when in operation, to the Attachment 2
Stevens Creek Subaru - 3215 Stevens Creek Boulevard PLN24-00392/PLN2015-11350 Revised Conditions of CT Rezone and Use Permit Approval

satisfaction of the Director of Planning and Inspection.

P17. Hours of vehicle sales and service operation are restricted to 7:00 a.m. to 10:00 p.m. every day, including loading and receiving of materials and site circulation. All roll-up doors shall remain closed during these hours.

P18. Parts and supply deliveries shall occur using the Stevens Creek Boulevard driveway, and not Cecil Avenue.

P19. No loading, unloading, deliveries, 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.

P20. The use of portable-generator-powered equipment to wash display vehicles shall not occur before 7:00 A.M. on weekdays, and shall not occur before 8:00 A.M. on weekends.

P21. Consistent with the Illingworth & Rodkin noise report dated July 18, 2016, utilize service bays furthest from the roll-up doors first, locate the noisier repair/service activities in bays furthest from the roll-up doors, limit sounding of horns and loud car radio use, and emphasize to all dealership staff the neighborhood’s sensitivity to noise and the importance of minimizing operational noise impacts to neighbors.

P22. Obtain Zoning Administrator Minor Modification for proposed building height (above 35 feet).

P23. Construction activity shall be limited to the hours of 7:00 a.m. to 6:00 p.m. weekdays and 9:00 a.m. to 6:00 p.m. Saturdays for projects within 300 feet of a residential use and shall not be allowed on recognized State and Federal holidays.

P24. Prior to issuance of a demolition permit, Developer/Owner shall have an asbestos survey of the proposed site performed by a certified individual. Survey results and notice of the proposed demolition are to be sent to the Bay Area Air Quality Management District (BAAQMD). No demolition shall be performed without a demolition permit and BAAQMD approval and, if necessary, proper asbestos removal.

P25. It shall be the developer's responsibility through his engineer to provide written certification that the drainage design for the subject property will prevent flood water intrusion in the event of a storm of 100-year return period. The developer's engineer shall verify that the site will be protected from off-site water intrusion by designing the on-site grading and storm water collection system using the 100-year hydraulic grade line elevation provided by the City's Engineering Department or the Federal Flood Insurance Rate Map, whichever is more restrictive. Said certification shall be submitted to the City Building Inspection Division prior to issuance of building permits.

P26. Incorporate Best Management Practices (BMPs) into construction plans and incorporate post construction water runoff measures into project plans in accordance with the City’s Urban Runoff Pollution Prevention Program standards prior to the issuance of Architectural Review approval. Post construction stormwater control measures must be certified for compliance with applicable Regional Water Quality Control Board requirements by a third-party certification body. Proposed BMPs shall be submitted to and thereafter reviewed and approved by the Planning Division and the Building Division for incorporation into construction drawings and specifications.

P27. The project site is located in Seismic Hazard Zone as identified by the State Geologist for potential hazards associated with liquefaction, pursuant to the Seismic Hazard Mapping Act (Div.2 Ch7.8 PRC), and the developer shall prepare and submit a geotechnical hazards investigation report acceptable to the City of Santa Clara Building Attachment 2
Stevens Creek Subaru - 3215 Stevens Creek Boulevard PLN24-00392/PLN2015-11350 Revised Conditions of CT Rezone and Use Permit Approval

Official prior to issuance of permits.

P28. An erosion control plan shall be prepared and copies provided to the Planning Division and to the Building Division for review and approval prior to the issuance of grading permits or building permits that involve substantial disturbance of substantial ground area.

P29. Developer is responsible for collection and pick-up of all trash and debris on-site and adjacent public right-of-way.

P18. The Project shall comply with all mitigations identified in the Mitigation, Monitoring and Reporting Program for the project.

P18. This Use Permit will only take effect following the effective date of the City Council’s rezoning of the associated easterly 0.28 acre portion of the site from A – Agriculture to CT – Thoroughfare Commercial (City file number PLN2016-11888). Should the City Council not approve the associated rezoning, the Planning Commission’s approval of this Use Permit shall be null and void.

ENGINEERING
E1. Obtain site clearance through Engineering Department prior to issuance of Building Permit. Site clearance will require payment of applicable development fees prior to issuance of the Building Permit. Other requirements may be identified for compliance during the site clearance process. Contact Engineering Department at (408) 615-3000 for further information.

E2. All work within the public right-of-way, which is to be performed by the Developer/Owner, the general contractor, and all subcontractors shall be included within a Single Encroachment Permit issued by the City Engineering Department. Issuance of the Encroachment Permit and payment of all appropriate fees shall be completed prior to commencement of work, and all work under the permit shall be completed prior to issuance of occupancy permit.

E3. Developer shall provide a complete storm drain study for the 10-year and 100-year storm events. The grading plans shall include the overland release for the 100-year storm event and any localized flooding areas. System improvements, if needed, will be at developer’s expense.

E4. After City Council approval of the Tentative Parcel Map, submit 10 copies of the Parcel Map, prepared by a Licensed Land Surveyor or a Registered Civil Engineer with Land Surveyor privileges to the Engineering Department. The submittal shall include a title report, closure calculations, and all appropriate fees. The City approved Parcel Map shall be recorded by developer prior to building permit issuance.

E5. File and record Parcel Map for proposed development and pay all appropriate fees prior to Building Permit issuance.

E6. Submit public improvement plans prepared in accordance with City Engineering Department procedures which provide for the installation of public improvements. Plans shall be prepared by a Registered Civil Engineer and approved by the City Engineer prior to approval and recordation of final map and/or issuance of building permits.

E7. Sanitary sewer (SS) cleanout shall be installed at or near property line per City standard detail SS-1 for proposed SS lateral.

E8. Proposed trees shall be 5’ minimum clear of sidewalks. Provide root barriers when the drip line of the mature trees covers the sidewalk. Root barriers for sidewalk protection shall be 16' long or extend to drip line of the mature tree, whichever is greater, and be

1.5' deep, and centered on trees. Root barriers for curb and gutter protection shall be 16' long or extend to drip line of the mature tree, whichever is greater, and be 2’ deep, and centered on trees.

Attachment 2
Stevens Creek Subaru - 3215 Stevens Creek Boulevard PLN24-00392/PLN2015-11350 Revised Conditions of CT Rezone and Use Permit Approval

E9. Storm drain and sanitary sewer laterals shall be outside the drip line of mature trees or 10’ clear of the tree trunk.

E10. Damaged curb, gutter, and sidewalk within the public right-of-way along property’s frontage shall be repaired or replaced (to the nearest score mark) in a manner acceptable to the City Engineer or his designee. The extents of said repair or replacement within the property frontage shall be at the discretion of the City Engineer or his designee.

E11. Existing non-standard or non-ADA compliant frontage improvements shall be replaced with current City standard frontage improvements as directed by the City Engineer or his designee.

E12. Remove existing driveways and replace with ADA compliant driveways along the property frontages per City standards.

E13. With the requirement to install the “Boulevard Style” frontage improvements (4-foot park strip with trees, and 10–foot sidewalk) along Stevens Creek Blvd, property owner will be required to dedicate sidewalk and utility easements for portions of sidewalk and any public utility within private property and pay the easement preparation fee. For more information regarding the easement contact Nelson Damian at 408-615-3000.

E14. Unused driveways in the public right-of-way shall be replaced with City standard curb, gutter, and sidewalk per City Standard Detail ST-12.

E15. All proposed walkway, sidewalk, driveways, and curb ramps shall be ADA compliant.

E16. Show and comply City’s Driveway Triangle of Safety requirement at all proposed driveways including the Parking Garage driveways. No trees and/or structures obstructing drivers’ view are allowed in the Triangle of Safety areas.

E17. Provide pedestrian ADA walkway from proposed buildings to public sidewalk.

E18. Proposed driveways on Stevens Creek Blvd. and Cecil Avenue shall be per City standard detail ST-8.

E19. On-street parking shall not be counted toward on-site parking requirements.

E20. Provide 2 Class I and 8 Class II bicycle parking spaces at main entrance and/or high visible area.

ELECTRICAL
EL1. Prior to submitting any project for Electric Department review, applicant shall provide a site plan showing all existing utilities, structures, easements and trees. Applicant shall also include a “Load Survey” form showing all current and proposed electric loads. A new customer with a load of 500KVA or greater or 100 residential units will have to fill out a “Service Investigation Form” and submit this form to the Electric Planning Department for review by the Electric Planning Engineer. Silicon Valley Power will do exact design of required substructures after plans are submitted for building permits.

EL2. The Developer shall provide and install electric facilities per Santa Clara City Code chapter 17.15.210.

EL3. Electric service shall be overhead. See Electric Department Rules and Regulations for available services.

EL4. Electric service shall be underground. See Electric Department Rules and Regulations for available services.

EL5. Installation of underground facilities shall be in accordance with City of Santa Clara Electric Department standard UG-1000, latest version, and Santa Clara City Code chapter 17.15.050.

EL6. Overhead services shall be installed per City of Santa Clara Electric Department standard OH-550, MS-G6, and MS-G7 latest revision.

Attachment 2
Stevens Creek Subaru - 3215 Stevens Creek Boulevard PLN24-00392/PLN2015-11350 Revised Conditions of CT Rezone and Use Permit Approval

EL7. Underground service entrance conduits and conductors shall be “privately” owned, maintained, and installed per City Building Inspection Division Codes. Electric meters and main disconnects shall be installed per Silicon Valley Power Std. MS-G7,Rev. 2.

EL8. The developer shall grant to the City, without cost, all easements and/or right of way necessary for serving the property of the developer and for the installation of utilities (Santa Clara City Code chapter 17.15.110).

EL9. All electric meters and services disconnects shall be grouped at one location, outside of the building or in a utility room accessible directly from the outside. A double hasp locking arrangement shall be provided on the main switchboard door(s). Utility room door(s) shall have a double hasp locking arrangement or a lock box shall be provided.

Utility room door(s) shall not be alarmed.

EL10. If transformer pads are required, City Electric Department requires an area of 17’ x 16’- 2”, which is clear of all utilities, trees, walls, etc. This area includes a 5’-0” area away from the actual transformer pad. This area in front of the transformer may be reduced from a 8’-0” apron to a 3’-0”, providing the apron is back of a 5’-0” min. wide sidewalk.

Transformer pad must be a minimum of 10’-0 from all doors and windows, and shall be located next to a level, drivable area that will support a large crane or truck.

EL11. All trees, existing and proposed, shall be a minimum of five (5) feet from any existing or proposed Electric Department facilities. Existing trees in conflict will have to be removed. Trees shall not be planted in PUE’s or electric easements.

EL12. Any relocation of existing electric facilities shall be at Developer’s expense.

EL13. Electric Load Increase fees may be applicable.

EL14. The developer shall provide the City, in accordance with current City standards and specifications, all trenching, backfill, resurfacing, landscaping, conduit, junction boxes, vaults, street light foundations, equipment pads and subsurface housings required for power distribution, street lighting, and signal communication systems, as required by the City in the development of frontage and on-site property. Upon completion of improvements satisfactory to the City, the City shall accept the work. Developer shall further install at developer’s cost the service facilities, consisting of service wires, cables, conductors, and associated equipment necessary to connect a customer to the electrical supply system of and by the City. After completion of the facilities installed by developer, the City shall furnish and install all cable, switches, street lighting poles, luminaries, transformers, meters, and other equipment that it deems necessary for the betterment of the system (Santa Clara City Code chapter 17.15.210 (2)).

EL15. Electrical improvements (including underground electrical conduits along frontage of properties) may be required if any single non-residential private improvement valued at $200,000 or more or any series of non-residential private improvements made within a three-year period valued at $200,000 or more (Santa Clara City Code Chapter 17.15, Appendix A (Table III)).

EL16. Non-Utility Generator equipment shall not operate in parallel with the electric utility, unless approved and reviewed by the Electric Engineering Division. All switching operations shall be “Open-Transition-Mode”, unless specifically authorized by SVP Electric Engineering Division. A Generating Facility Interconnection Application must be submitted with building permit plans. Review process may take several months depending on size and type of generator. No interconnection of a generation facility with SVP is allowed without written authorization from SVP Electric Engineering Division.

EL17. Applicant is advised to contact SVP (CSC Electric Department) to obtain specific design and utility requirements that are required for building permit review/approval submittal.

Please provide a site plan to Leonard Buttitta at 408-261-5469 to facilitate plan review.

WATER
Attachment 2
Stevens Creek Subaru - 3215 Stevens Creek Boulevard PLN24-00392/PLN2015-11350 Revised Conditions of CT Rezone and Use Permit Approval

W1. The applicant shall maintain 12” of vertical clearance at water service crossing with other utilities, and all required horizontal clearances from water services: 10' from sanitary sewer utilities, 8' from storm drain utilities, 5' from fire and other water utilities, 5' from gas utilities, and 10' from landscaping. If applicant installs root barriers, clearance from landscaping reduces to 5'.

W2. Prior to issuance of Building Permits, the applicant shall provide details for a sanitary sewer manhole on the property line for sanitary sewer services greater than 6”.

W3. Prior to the issuance of Building or Grading Permits, the applicant must indicate the disposition of all existing water services on the plans. The applicant must properly abandon all existing water services on the property that will not be used per Water & Sewer Utilities standards.

W4. Prior to the issuance of Building Permits, the applicant shall provide fixture unit counts so the Water Division can verify the appropriate size of all proposed water meters.

W5. The applicant shall revise plans so that water meter and the back flow preventer are located behind the side walk in a landscaping area. Additionally, the proposed water and fire services layout shall comply with City Standards 11 and 16.

W6. Prior to issuance of Building Permits, the applicant shall submit plans indicating that the proposed water utilities will be installed per City Standard Details 11 (water service with reduced pressure backflow prevention device), 16 (fire service with double check detector assembly), and 18 (fire hydrant assembly).The applicant shall include the applicable City Standard Details on the plans. Note that the standard details can be found on the City of Santa Clara website under Water and Sewer Utilities Technical Documents.

W7. Prior to the issuance of building permit, applicant shall review the plan set, address discrepancies, and submit plans consistently showing the location of the proposed and existing utilities. Please note that there are several utility discrepancies between sheet L2 (composite plan) and sheet C5.2 (utility plan).

W8. The applicant shall label the sizes and type for the water main along Stevens Creek Boulevard. Additionally, the applicant shall label the sizes of the water laterals. Note that the applicant shall correct the discrepancies on sheet C5.2 (utility plan) involving callouts.

W9. Prior to issuance of Building Permits, the applicant shall enlarge the scale of sheet L-2 (composite utility plan), such that utility conflicts can be identified. At its current scale, sheet L-2 is very difficult to read.

POLICE
PD1. The business operator shall strictly adhere to the business hours as stated in the use permit.

PD2. The developer shall provide a minimum average illumination of one-foot candle in parking areas and in all common pedestrian or landscaped areas of the development, subject to adjustments by the Police Chief in consultation with Silicon Valley Power and Planning Department as necessary for the project to meet LEED Certification, or equivalent, objectives. The illumination should be deployed in fixtures that are both weather and vandal resistant.

PD3. Address numbers should be a minimum of twelve (12) inches in height for commercial or industrial buildings. The numbers shall be illuminated during the hours of darkness, and in a color that is contrasting to the background material. They shall be clearly visible from the street.

PD4. The entrance to the driveway and parking area should be posted with appropriate signage to discourage trespassing, unauthorized parking, etc. (See California vehicle Code section 22658(a) for guidance.

Attachment 2
Stevens Creek Subaru - 3215 Stevens Creek Boulevard PLN24-00392/PLN2015-11350 Revised Conditions of CT Rezone and Use Permit Approval

PD5. Developer shall provide trash enclosure fencing that is either see through or has a six (6) inch opening along the bottom for clear visibility. Any gates or access doors to these trash enclosures should remain locked.

PD6. Landscaping should be of the type and situated in locations to maximize visibility from the street while providing the desired degree of aesthetics. Security planting materials are encouraged along fence and property lines and under vulnerable windows to discourage criminal penetration.

PD7. All exterior doors should be adequately illuminated at all hours with their own light source.

PD8. All business or commercial establishments, of whatever nature, should have a comprehensive internal security plan, tailored to the specific use. This should include, but not limited to, employee security during working hours, after hours security, disaster preparation, etc. You may contact the Community Services Unit, Santa Clara Police Department, 601 El Camino Real, Santa Clara, CA 95050, Attn: CSU Sergeant, should you have questions or need advice on this matter.

PD9. All business or commercial establishments, of whatever nature, should have an electronic intruder alarm system installed. The system should cover the interior and perimeter of structures determined to be a value target. Also, consideration should be given to exterior areas that are or contain value targets, such as a product display lot, vehicle parking area, etc. Contact Alarm Administrator at Santa Clara Police Department for further details (408) 4615-4700.

FIRE
F1. At time of Building Permit Application, submit documentation showing that the minimum required fire-flow in accordance with California Fire Code, Appendix B, and Table B105.1 can be met for the construction type and square footage of the building. A maximum reduction of 50% in fire-flow is allowed with the installation of an automatic fire sprinkler systems designed in accordance with California Fire Code. The resulting fireflow shall not be less than 1,500 gallons per minute for the prescribed duration. From the hydrant flow data (current within one year) provide a hydraulic calculation that this fire flow can be met at a residual pressure of 20 psi.

F2. At time of Building Permit Application, the Design Team shall submit an Alternate Means and Method Application (AMMA) Permit to mitigate the lack of fire department access.

The mitigation shall include an increase in sprinkler density from 0.15 gpm/sq. ft. to 0.2 gpm/sq. ft. for all areas of the buildings and parking garage. Additional standpipe locations will also be required where deemed appropriate.

STREETS
ST1. Submit a solid waste collection plan to meet the requirements. Please contact Street Department at 408-615-3080 for guideline.
a. Solid Waste enclosure must provide a minimum unobstructed inside opening of 12’ and have minimum inside dimensions of 18.5’ by 10.5’.

ST2. Developer must have 3rd party verification of C.3 packet and storm water management plan, 3rd party inspection of stormwater treatment devices at time of installation, and Inspection and Maintenance agreement with the Street Division (we provide boiler plate).

Document must be printed single-sided and be notarized. For more information, call 408- 615-3080.

ST3. Projects with active building permits over 1 acre in size must maintain a SWPPP and are to be inspected once a month during the wet season (October – April) – fees, subject to change, are $162.63 per inspection.

Attachment 2
Stevens Creek Subaru - 3215 Stevens Creek Boulevard PLN24-00392/PLN2015-11350 Revised Conditions of CT Rezone and Use Permit Approval

ST4. Applicant to comply with City Code Section 8.25.285 and recycle or divert at least fifty percent (50%) of materials generated for discards by the project during demolition and construction activities. No building, demolition or site development permit shall be issued unless and until applicant has submitted a construction and demolition debris materials check-off list. After completion of project, applicant shall submit a construction and demolition debris recycling report as stipulated by ordinance, or be subject to monetary, civil, and/or criminal penalties.

ST5. The Developer is to supply and install City street trees per City specifications; spacing, specie, and size to be determined by City Arborist.

ST6. No cutting of any part of City trees, including roots, shall be done without following city tree preservation specifications and securing approval and direct supervision from the City Arborist at 408-615-3080.

ST7. No cutting of any part of private trees, including roots, shall be done without direct supervision of a certified arborist (Certification of International Society of Arboriculture).

I:\PLANNING\2015\Project Files Active\PLN2015-11350 3215 Stevens Creek Boulevard (Use Permit)\CC\Conditions of Approval - 3215 Stevens Creek Blvd (PLN2015-11350).doc *
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A1.0

SITE PLAN
SITE PLAN 1/16" 1 C 2017 KENNETH RODRIGUES & PARTNERS, INC.

PROJECT NO.DRAWN BY SCALE
DATE
K E N N E T H R O D R I G U E S & P A R T N E R S I N C . 4 4 5 N o r t h W h i s m a n R o a d , S u i t e 2 0 0 M o u n t a i n V i e w . C A 6 5 0 . 9 6 5 . 0 7 0 0

KEYMAPCONSULTANT

30.604

REVISIONCHECKED BY
STEVEN
S

CREEK SUBAR
U
3215 STEVENS CREEK BLVD.

SANTA CLARA, CA.

BAKHTIARI AUTO GROUP
30 19 AI AF, SE GU
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OF CAL I
ETAT S

TCE IT CH
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SNE IC L
6 = =
C12,818

08.16.16AS SHOWN

08.16.16 BUILDING DEPARTMENT

SUBMITTAL
MV

10.31.16 1 PLAN CHECK 1 RESPONSE12.22.16 2 PLAN CHECK 2 RESPONSE

3.24.17 PLAN CHECK 3 & OWNER
REVISIONS 3

5.25.17 PLAN CHECK 4 & OWNER
REVISIONS 4

10.08.18 7 OWNER REVISIONS
1 A1.1

NEW PROPOSED BUILDING
SEE SHEET A2.1

SHEET KEYN
OTES
LEGEND
BUILDING OVERHANG FROM SECOND FLOORDECK ABOVE, SEE SHEET A2.2 1234567

TRANSFORMER PAD
STANDARD CONCRETE PAVING, SEE CIVIL PLANS.

SHORT TERM BIKE PARKING. SEE LANDSCAPE
PLANS
9 LANDSCAPE AREAS. SEE LANDSCAPEPLANS

1. SEE LANDSCAPE PLANS FOR ALL HARDSCAPE
LAYOUT AND DETAILS.

2. SEE CIVIL DRAWINGS FOR GRADING, DRAINAGE,

AND HORIZONTAL CONTROL PLAN

3. "NO PARKING FIRE LANE" SIGN AND CURB

MARKINGS SHALL BE INSTALLED AS SPECIFIED BY

THE FIRE MARSHALL

4. WALKWAYS AND SIDEWALKS ALONG ACCESSIBLE
ROUTES OF TRAVEL SHALL:

A. BE CONTINUOUSLY ACCESSIBLE.

B. HAVE A MAXIMUM OF 1/2" CHANGE IN
ELEVATION (11B-303) OR PROVIDE RAMPS
COMPLYING WITH CBC 11B-405
C. BE MINIMUM WIDTH OF 48"
D. BE OF SLIP RESISTANT MATERIALS.

E. WHERE NECESSARY TO CHANGE ELEVATION
AT A SLOPE EXCEEDING 5% (1:20), HAVE

RAMPS COMPLYING WITH CBC SECTION
11B-405
F. PROVIDE DETECTABLE WARNING DEVICES AT

VEHICULAR TRAFFIC CROSSING PER

CALIFORNIA BUILDING CODE
REQUIREMENTS.

G. PERMANENTLY SIGNED ROOMS AND SPACES

MUST BE PROVIDED WITH RAISED LETTER
AND BRAILLE IDENTIFICATION SIGNS.

GROUND FLOOR EXIT DOORS SHALL
RECEIVE TACTILE EXIT SIGNAGE.

H. MAXIMUM RUNNING SLOPE TO BE 5% ALONG
THE ACCESSIBLE PATH OF TRAVEL. ANY
WALKWAY WITH SLOPE GREATER THAN 5%
SHALL BE A RAMP.

5. ALL CONCRETE PARKING SURFACES UNDER THE

DECK AT GRADE AND GARAGE LEVELS TOHAVE SWIRL PATTERN TO REDUCE TIRENOISE

GENERAL N
OTES
10 HARDSCAPE AREAS. SEE CIVIL PLANS
11 PROPERTY LINE
12 ACCESSIBLE PARKING STALL
13 STANDARD PARKING STALL, SEE CIVIL
PLANS
8 LONG TERM BIKE PARKING. SEE LANDSCAPE
PLANS
COVERED TRASH ENCLOSURE.

BIOSWALE, SEE CIVIL DRAWINGS.
14 SHOWROOM ENTRY

BUILDING AREA AT GROUND FLOOR,
SEE SHEET A2.1

NOT IN THIS SCOPE
CBC CHAPTER 11B ACCESSIBLE ROUTE, TYP.

SEE SHEET A0.4 FOR ADDITIONAL ACCESSIBILITY

NOTES AND DETAILS
ENHANCED CONCRETE PAVING, SEE CIVIL PLANS.

PERVIOUS PAVERS, SEE CIVIL DRAWINGS
15 LINE OF DECK OVERHANG ABOVE.16 PYLON FOR SIGNAGE ABOVE17 UTILITY EASEMENT, SEE CIVIL DRAWINGS 4 5
24 14'-11"

OVERHANG
11'-10"
32'-11"
3'-8"
1'-2"±
5'-7"
9'-4
2 "
0'-3"
18'-0" 18'-0"
16'-7" 27'-9" 15'-3"
5'-0" 12'-6" 12'-6" 12'-6" 12'-6"
10'-11"
7'-6" 11'-1"
79'-7" OVERHANG
11'-0"
10'-3"
26'-0"
18'-0"
18'-0"
9'-0"
TYP.
26'-0"
21'-9"
9'-10"
T
2 A1.1
8 3
4 2
2 5
6 15
7 15
15 15
10 79
1112
15 14'-1"
14 14
16 S T E V E N S C R E E K B O U L A V A R D

C E C I L A V E N U E

EXISTING BUILDING EX ST G BUI D NG

EXISTING EX ST G

BUILDING BU LD NG

EXISTING EXIST NG

BUILDING BU LD NG
1 7 9
9 79
79 7
7 7
2'-2"
"
95'-6" OVERHANG
9'-0"
TYP.

PARKING TABULATI

ON OVERALL

PARKING STALLS

SERVICE VEHICLE STORAGE SERVICE VEHICLE STORAGE SERVICE VEHICLE STORAGE SERVICE VEHICLE STORAGE CE VE IC DNSERVICE V NE D

E DNSERVICE VEHICLE STORAGE S CE VE

CUSTOMER PARKING STALLS

VEHICLE DIS V LE DISPLAY STALLS LE DIS YS
345
53 126144
CLASS I BICYCLE PARKING CLASS BICY 2CLASS II BICYCLE PARKING CLASS II 8 EMPLOYEE STALLS** E PLOYEE S * 22
**EMPLOYEE STALLS DESIGNATED ON LEVEL 3. L S D D O
1 8"
1 21'-5"
1 1
26'-0"
1 17
17 2
2 2
3 5

08.10.17 5 PLANNING REVISION
9'-0" 1
7 7
S:\30.604 Steven's Creek Subaru\2 - DD-CD\Sheet Files\A1.0 - Site Plan.dwg, 10/10/2018 4:24:17 PM, _DWG To PDF.pc3

EXISTING TRASHENCLOSURE

EXISTING SLIDINGGATE FOR TRASHTRACK PICKUP ONLY
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PLN24-00392 / 3225 Stevens Creek Developer Application
Response to PCC review dated November 5, 2024
Subject: Community Development -Planning Division P1. Written Project Description The following is the revised project description:

The purpose of this application is to allow for the pickup of the trash and the recycle bins via the existing sliding door on the Cecil Street. The purpose is to permit the Mission Trail trash truck to access the rear of the Subaru dealership through the sliding door to collect trash from the existing trash enclosure.

This application does not propose any changes to the current access or operational use of the roll-up door. The roll up door will continue to function as it does currently.

It is important to note that the other adjacent business on Cecil Street have their trash collected from the same street. This request aligns with existing practices in the are and support fair and equitable approach to trash collection for neighbor business.

Web Links
Project Website:

Here you will find a summary of the project and information regarding past community meetings and prior plan submittals.
https://www.santaclaraca.gov/Home/Components/BusinessDirectory/BusinessDirectory/543/2495?alpha= NonAlpha&npage=3
These documents are available for viewing in the Community Development Department You don't often get email from Learn why this is important From: Planning Public Comment <[email protected]> Sent: Thursday, May 15, 2025 2:37 PM
To: Cliff Moore Planning Public Comment <[email protected]>; Lesley Xavier <[email protected]>; Alex Tellez <[email protected]>; Mayor and Council <[email protected]>
Subject: RE: PLN24-00392 Opposition to modify existing use permit at Subaru Dealership Good Afternoon,
Your email has been received in the Planning División and by way of my reply I am including the appropriate staff for their review. Please note, your comments will be part of the public record on this item.

I am also including Mayor and Council to this email, your email is addressed to City Council, but I did not see their email address in your email.

This item will be heard at the May 21, 2025 Planning Commission meeting.

Thank you for taking the time to provide your input.

Regards,
Elizabeth Elliott | Staff Aide II
Community Development Department | Planning Division
1500 Warburton Avenue | Santa Clara, CA 95050
O: 408.615.2450 | D: 408.615.2474
www.SantaClaraCA.gov
From: Cliff Moore
Sent: Wednesday, May 14, 2025 3:20 PM
To: Planning Public Comment <[email protected]> Subject: PLN24-00392 Opposition to modify existing use permit at Subaru Dealership PLN24-00392
Cliff Moore
On behalf of the Residents of Cecil Avenue Cecil Avenue Santa Clara, CA 95050 Date: 5/14/25
Santa Clara City Council
City Hall
1500 Warburton Avenue
Santa Clara, CA 95050
Subject: Strong Opposition to Waste and Recycle Collection Access from Cecil Avenue for Stevens Creek Subaru PLN24-00392
Dear Honorable Members of the Santa Clara City Council, We, the undersigned residents of Cecil Avenue in Santa Clara, write to express our firm and united opposition to any proposal that would modify existing conditions to permit waste and recycling collection services for Stevens Creek Subaru to be accessed via Cecil Avenue rather than Stevens Creek Boulevard.

Cecil Avenue is a quiet, residential street designed for the safety, comfort, and peace of its residents—not for commercial vehicle traffic or industrial-scale waste collection. The introduction of regular waste and recycling collection from a commercial business on our street would dramatically and negatively impact our quality of life, increase noise, create traffic hazards, and diminish the residential character of our neighborhood.

Moreover, Stevens Creek Subaru has existing and viable access from Stevens Creek Boulevard. There is absolutely no justification for burdening our residential street with commercial waste operations when appropriate access already exists. Any attempt to modify this arrangement would prioritize corporate convenience over the well-being and safety of residents—a precedent we strongly oppose.

We respectfully urge the City Council to uphold the existing access conditions and reject any proposed changes that would allow Stevens Creek Subaru, or any other commercial entity, to divert its waste and recycling collection to Cecil Avenue. We are committed to preserving the integrity of our neighborhood and will continue to actively resist any actions that compromise its residential nature.

Thank you for your attention and prompt consideration of this matter. We request this letter be entered into the public record and that our opposition be reflected in any future deliberations on this issue.

Sincerely,
Cliff Moore
On behalf of the Residents of Cecil Avenue [Attached petition] Correspondence
5/21/25 Planning Commission Meeting
3225 Stevens Creek Boulevard
RTC 25-372
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Cecil Ave Cecil St Cecil Ave Cecil-Ave
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3161
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Cecil Ave
3153
Residential petition in OPPOSITION to the following: Modify the existing use (Lincoln Dealership) permit to allow solid waste disposal and recycling collection on our residential street Cecil Ave instead of Stevens Creek. PLN24-00392 Name (Print) Signature Address # Date Signed
Mark Irving 3267 Caed Ave 5/12/2025 bea HiPMetakia 3249Pealhpe 5/12/2025 Arezau Azar A 21 81 Cecil Ane. 512/2025 AL
Ashwgnth Muruhathasan 3191 Cecil Are 5/12/2025
Dave Botelko Dorbstit 3217 Cecil ave 5-12-2025
Datrick BUrNS
Joe Tensiy CEIFF MOORE

BILLY CHANG
Perty He

THE NGUYEN
A
3205Cecilave 5112125
3150 Docich St 5-12-25
3310 CcuLAve 5-12-25
3161 Cecil Ave 5-13-25
3157 Cecil Ave 5132925
8233 CECil Ave 5-14-2021
August 14, 2023
Stevens Creek Subaru
[email protected]
[email protected]
3225 Stevens Creek Blvd
San Jose, CA 95117
RE: Violation of Approved Rezone and Use Permits (File No. PLN2015-11350 and PLN2016- 11888)
To Whom it May Concern:

It has come to the City’s attention that the required trash enclosure for the above approved and completed project was never constructed. Please be advised, that per the conditions of approval (P3 and ST1) below and in the attached Conditions of Approval, a trash enclosure is required for the project. Any modification to the trash enclosure location requires an amendment to the Use Permit.

P3. Any modification to the approved proposal shall require an amendment to the Use Permit subject to Planning Commission review and approval prior to commencement of the proposed changes.

ST1. Submit a solid waste collection plan to meet the requirements. Please contact Street Department at 408-615-3080 for guidelines. (a.) Solid Waste enclosure must provide a minimum unobstructed inside opening of 12' and have minimum inside dimensions of 18.5' by 10.5'.

Recent communication with the City of Santa Clara Public Works Department and Mission Trail Waste Systems, have indicated that the location of your trash enclosure as shown on your permit plans does not meet Mission Trail requirements for trash pickup. Currently, solid waste from 3225 Stevens Creek Boulevard is relocated to 3155 Stevens Creek Boulevard for service. However, each entity must subscribe to and maintain solid waste services independently. This requires you to submit a new solid waste collection plan for review.

One possible option would be to stage the trash bins out on Cecil Avenue. While this option works for Mission Trail, the Use Permit for the site would need to be amended to allow for this operation as the following condition prohibits trash pickup on Cecil Avenue.

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 Another option would be to stage solid waste containers on Stevens Creek Boulevard. Mission Trail Waste Systems has approved of this area, but for safety reasons a portion of your frontage would need to be painted red. To initiate this process a formal written request on company letterhead must be forwarded to the City of Santa Clara Transportation Manager, Steve Chan, at [email protected].

The red curb option on Stevens Creek Boulevard could be set up as a temporary solution while the amendment to allow solid waste collection service on Cecil is pursued.

To allow for solid waste services and resolve this violation the following must occur:

1. Application for a Minor Amendment to an Approved Permit, to address the lack of constructed trash enclosure,

2. Submittal of a formal written request on company letterhead requesting a red curb be installed on Stevens Creek Boulevard to allow Solid Waste collection and/or

3. Application of a Use Permit Amendment if condition modification is necessary (to allow service on Cecil Avenue)
Corrective action is necessary on your part to ensure that the conditions of approval are abided by or amended, and that mandatory solid waste services continue. Failure to address these issues may result in a citation.

Should you require more information or assistance regarding this notice, please contact me at [email protected].

Sincerely,
Lesley Xavier
Planning Manager
Approved Architectural Plans:

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Attachment 2
Stevens Creek Subaru - 3215 Stevens Creek Boulevard PLN24-00392/PLN2015-11350 Revised Conditions of CT Rezone and Use Permit Approval

CONDITIONS OF REZONE AND USE PERMIT APPROVAL
In addition to complying with all applicable codes, regulations, ordinances and resolutions, the following conditions of approval are recommended:

GENERAL
G1. If relocation of an existing public facility becomes necessary due to a conflict with the developer's new improvements, then the cost of said relocation shall be borne by the developer.

G2. Comply with all applicable codes, regulations, ordinances and resolutions.

ATTORNEY’S OFFICE
A1. The Developer agrees to defend and indemnify and hold City, its officers, agents, employees, officials and representatives free and harmless from and against any and all claims, losses, damages, attorneys' fees, injuries, costs, and liabilities arising from any suit for damages or for equitable or injunctive relief which is filed by a third party against the City by reason of its approval of developer's project.

PLANNING AND BUILDING INSPECTION
P1.

P2.

P3.

P4.

P5.

P6.

Obtain required permits and inspections from the Building Official and comply with the conditions thereof. If this project involves land area of 1 acre or more, the developer shall file a Notice of Intent (NOI) with the State Water Resources Control Board prior to issuance of any building permit for grading, or construction; a copy of the NOI shall be sent to the City Building Inspection Division. A storm water pollution prevention plan is also required with the NOI.

The Director of Community Development may refer the use permit to the Planning Commission at any time to consider the initiation of revocation proceedings if the conditions of approval are violated or the operation is inconsistent with the approved proposal. In addition, if complaints are received by the City with respect to this use, staff shall provide a review of the use permit to the Planning Commission within three months for consideration of revocation proceedings.

Any modification to the approved proposal shall require an amendment to the Use Permit subject to Planning Commission review and approval prior to commencement of the proposed changes.

Submit plans for Architectural Committee review to the Planning Division and obtain architectural approval prior to issuance of building permits. Said plans to include, but not be limited to: site plans, floor plans, elevations, landscaping, lighting, stormwater control, and signage. Changes to the plans, as required by conditions of approval contained herein, shall be provided as part of the architectural review plan set.

The ground floor plan and building elevations shall be revised on plans submitted for Architectural Review to remove the roll-up door along the Cecil Avenue frontage of the property that accesses the car wash/detail area and modify the floor plan so that internal site circulation to/from this area occurs on-site and not using the public street.

Pedestrian and roll-up doors opening onto Cecil Avenue should remain closed during operation, and be used for emergency ingress/egress, and to facilitate the collection of waste 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 should remain closed at all times, except in the event of emergency ingress/egress needs and to facilitate the collection of waste.

The roll-up door for the service area that faces east should remain closed except for vehicle ingress/egress in order to minimize noise disturbance to nearby neighbors, EXHIBIT B-PLN25-00362
Attachment 2
Stevens Creek Subaru - 3215 Stevens Creek Boulevard PLN24-00392/PLN2015-11350 Revised Conditions of CT Rezone and Use Permit Approval

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.

P7. Prior to approval of the plans for Architectural Review, the landscaped setback along Cecil Avenue shall be increased to 10 feet, as required by the Zoning Ordinance for a “through lot” with two front property lines. Alternatively, the applicant shall submit for a minor modification, along with the justification therefor, and request that the building setback be reduced by a maximum of 25% to a minimum setback of 7 feet 6 inches along Cecil Avenue.

P8. Employees shall be directed to park within designated parking stalls on-site. The designated parking stalls shall be signed or stenciled “Employee Only”. Employees shall be strongly discouraged to park off-site.

P9. Prior to approval of the plans for Architectural Review, the plans shall be revised to show the designated locations of all parking spaces required by the Zoning Ordinance to be provided for employees and customers. The Zoning Ordinance calls for 1 employee/customer space per 400 square feet of repair/showroom area (a total of 114 required parking spaces based on the proposed square footage) plus one space for every two non-auto-repair employees. The applicant shall identify the total number of non-auto-repair employees for the dealership as part of the architectural review application. Plans shall be labeled to identify whether parking stalls will serve retail customers, service/repair customers, or inventory purposes.

P10. The operator shall manage vehicular stacking for the service area such that it does not create back-up onto Stevens Creek Boulevard or otherwise affect vehicular, bike, or pedestrian circulation.

P11. All lighting shall be shielded to prevent any spillover onto adjacent properties. Developer shall adjust angle, shield, or dimming of the lights should there are spillover of lights onto adjacent properties. Bright white lighting for nighttime outdoor vehicle display shall not occur on the rooftop parking deck. Rooftop lighting shall be subdued and non-white in color (equivalent to low or high pressure sodium light) but adequate for safety as employee/customer parking and vehicle storage.

P12. The use of announcement or paging speaker systems outside the building is prohibited.

P13. Use of the 26-foot wide driveway exit to Cecil Avenue shall be minimized. Test drives shall use the Stevens Creek Boulevard driveway for ingress and egress. The solid gate across the 26-foot driveway to Cecil Avenue shall be closed at all times, except in the event of an emergency or in order to facilitate egress from the site by delivery or service trucks for which egress from the Stevens Creek Boulevard exit is problematic. Prior to approval of the plans for Architectural Review, the on-site circulation expected for vehicles and delivery trucks shall be identified.

P14. The interior service door to the car wash (facing east) shall be closed when the vehicle washing equipment is in operation. The applicant shall present service door and automatic opening device details to the satisfaction of the Architectural Committee to demonstrate that carwash and service area noise impacts on adjoining residences are minimized.

P15. The floors of the parking structure shall be textured or surfaced to minimize noise from vehicle tires in motion.

P16. All mechanical equipment associated with the ventilation of this building shall be located within the building or on the rooftop, screened from public view, and designed so that building ventilation exhaust areas do not directly face neighboring residential properties.

Auto wash area shall not be open toward residential properties when in operation, to the Attachment 2
Stevens Creek Subaru - 3215 Stevens Creek Boulevard PLN24-00392/PLN2015-11350 Revised Conditions of CT Rezone and Use Permit Approval

satisfaction of the Director of Planning and Inspection.

P17. Hours of vehicle sales and service operation are restricted to 7:00 a.m. to 10:00 p.m. every day, including loading and receiving of materials and site circulation. All roll-up doors shall remain closed during these hours.

P18. Parts and supply deliveries shall occur using the Stevens Creek Boulevard driveway, and not Cecil Avenue.

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.

P20. The use of portable-generator-powered equipment to wash display vehicles shall not occur before 7:00 A.M. on weekdays, and shall not occur before 8:00 A.M. on weekends.

P21. Consistent with the Illingworth & Rodkin noise report dated July 18, 2016, utilize service bays furthest from the roll-up doors first, locate the noisier repair/service activities in bays furthest from the roll-up doors, limit sounding of horns and loud car radio use, and emphasize to all dealership staff the neighborhood’s sensitivity to noise and the importance of minimizing operational noise impacts to neighbors.

P22. Obtain Zoning Administrator Minor Modification for proposed building height (above 35 feet).

P23. Construction activity shall be limited to the hours of 7:00 a.m. to 6:00 p.m. weekdays and 9:00 a.m. to 6:00 p.m. Saturdays for projects within 300 feet of a residential use and shall not be allowed on recognized State and Federal holidays.

P24. Prior to issuance of a demolition permit, Developer/Owner shall have an asbestos survey of the proposed site performed by a certified individual. Survey results and notice of the proposed demolition are to be sent to the Bay Area Air Quality Management District (BAAQMD). No demolition shall be performed without a demolition permit and BAAQMD approval and, if necessary, proper asbestos removal.

P25. It shall be the developer's responsibility through his engineer to provide written certification that the drainage design for the subject property will prevent flood water intrusion in the event of a storm of 100-year return period. The developer's engineer shall verify that the site will be protected from off-site water intrusion by designing the on-site grading and storm water collection system using the 100-year hydraulic grade line elevation provided by the City's Engineering Department or the Federal Flood Insurance Rate Map, whichever is more restrictive. Said certification shall be submitted to the City Building Inspection Division prior to issuance of building permits.

P26. Incorporate Best Management Practices (BMPs) into construction plans and incorporate post construction water runoff measures into project plans in accordance with the City’s Urban Runoff Pollution Prevention Program standards prior to the issuance of Architectural Review approval. Post construction stormwater control measures must be certified for compliance with applicable Regional Water Quality Control Board requirements by a third-party certification body. Proposed BMPs shall be submitted to and thereafter reviewed and approved by the Planning Division and the Building Division for incorporation into construction drawings and specifications.

P27. The project site is located in Seismic Hazard Zone as identified by the State Geologist for potential hazards associated with liquefaction, pursuant to the Seismic Hazard Mapping Act (Div.2 Ch7.8 PRC), and the developer shall prepare and submit a geotechnical hazards investigation report acceptable to the City of Santa Clara Building P19.

Attachment 2
Stevens Creek Subaru - 3215 Stevens Creek Boulevard PLN24-00392/PLN2015-11350 Revised Conditions of CT Rezone and Use Permit Approval

Official prior to issuance of permits.

P28. An erosion control plan shall be prepared and copies provided to the Planning Division and to the Building Division for review and approval prior to the issuance of grading permits or building permits that involve substantial disturbance of substantial ground area.

P29. Developer is responsible for collection and pick-up of all trash and debris on-site and adjacent public right-of-way.

P18. The Project shall comply with all mitigations identified in the Mitigation, Monitoring and Reporting Program for the project.

P18. This Use Permit will only take effect following the effective date of the City Council’s rezoning of the associated easterly 0.28 acre portion of the site from A – Agriculture to CT – Thoroughfare Commercial (City file number PLN2016-11888). Should the City Council not approve the associated rezoning, the Planning Commission’s approval of this Use Permit shall be null and void.

ENGINEERING
E1. Obtain site clearance through Engineering Department prior to issuance of Building Permit. Site clearance will require payment of applicable development fees prior to issuance of the Building Permit. Other requirements may be identified for compliance during the site clearance process. Contact Engineering Department at (408) 615-3000 for further information.

E2. All work within the public right-of-way, which is to be performed by the Developer/Owner, the general contractor, and all subcontractors shall be included within a Single Encroachment Permit issued by the City Engineering Department. Issuance of the Encroachment Permit and payment of all appropriate fees shall be completed prior to commencement of work, and all work under the permit shall be completed prior to issuance of occupancy permit.

E3. Developer shall provide a complete storm drain study for the 10-year and 100-year storm events. The grading plans shall include the overland release for the 100-year storm event and any localized flooding areas. System improvements, if needed, will be at developer’s expense.

E4. After City Council approval of the Tentative Parcel Map, submit 10 copies of the Parcel Map, prepared by a Licensed Land Surveyor or a Registered Civil Engineer with Land Surveyor privileges to the Engineering Department. The submittal shall include a title report, closure calculations, and all appropriate fees. The City approved Parcel Map shall be recorded by developer prior to building permit issuance.

E5. File and record Parcel Map for proposed development and pay all appropriate fees prior to Building Permit issuance.

E6. Submit public improvement plans prepared in accordance with City Engineering Department procedures which provide for the installation of public improvements. Plans shall be prepared by a Registered Civil Engineer and approved by the City Engineer prior to approval and recordation of final map and/or issuance of building permits.

E7. Sanitary sewer (SS) cleanout shall be installed at or near property line per City standard detail SS-1 for proposed SS lateral.

E8. Proposed trees shall be 5’ minimum clear of sidewalks. Provide root barriers when the drip line of the mature trees covers the sidewalk. Root barriers for sidewalk protection shall be 16' long or extend to drip line of the mature tree, whichever is greater, and be

1.5' deep, and centered on trees. Root barriers for curb and gutter protection shall be 16' long or extend to drip line of the mature tree, whichever is greater, and be 2’ deep, and centered on trees.

Attachment 2
Stevens Creek Subaru - 3215 Stevens Creek Boulevard PLN24-00392/PLN2015-11350 Revised Conditions of CT Rezone and Use Permit Approval

E9. Storm drain and sanitary sewer laterals shall be outside the drip line of mature trees or 10’ clear of the tree trunk.

E10. Damaged curb, gutter, and sidewalk within the public right-of-way along property’s frontage shall be repaired or replaced (to the nearest score mark) in a manner acceptable to the City Engineer or his designee. The extents of said repair or replacement within the property frontage shall be at the discretion of the City Engineer or his designee.

E11. Existing non-standard or non-ADA compliant frontage improvements shall be replaced with current City standard frontage improvements as directed by the City Engineer or his designee.

E12. Remove existing driveways and replace with ADA compliant driveways along the property frontages per City standards.

E13. With the requirement to install the “Boulevard Style” frontage improvements (4-foot park strip with trees, and 10–foot sidewalk) along Stevens Creek Blvd, property owner will be required to dedicate sidewalk and utility easements for portions of sidewalk and any public utility within private property and pay the easement preparation fee. For more information regarding the easement contact Nelson Damian at 408-615-3000.

E14. Unused driveways in the public right-of-way shall be replaced with City standard curb, gutter, and sidewalk per City Standard Detail ST-12.

E15. All proposed walkway, sidewalk, driveways, and curb ramps shall be ADA compliant.

E16. Show and comply City’s Driveway Triangle of Safety requirement at all proposed driveways including the Parking Garage driveways. No trees and/or structures obstructing drivers’ view are allowed in the Triangle of Safety areas.

E17. Provide pedestrian ADA walkway from proposed buildings to public sidewalk.

E18. Proposed driveways on Stevens Creek Blvd. and Cecil Avenue shall be per City standard detail ST-8.

E19. On-street parking shall not be counted toward on-site parking requirements.

E20. Provide 2 Class I and 8 Class II bicycle parking spaces at main entrance and/or high visible area.

ELECTRICAL
EL1. Prior to submitting any project for Electric Department review, applicant shall provide a site plan showing all existing utilities, structures, easements and trees. Applicant shall also include a “Load Survey” form showing all current and proposed electric loads. A new customer with a load of 500KVA or greater or 100 residential units will have to fill out a “Service Investigation Form” and submit this form to the Electric Planning Department for review by the Electric Planning Engineer. Silicon Valley Power will do exact design of required substructures after plans are submitted for building permits.

EL2. The Developer shall provide and install electric facilities per Santa Clara City Code chapter 17.15.210.

EL3. Electric service shall be overhead. See Electric Department Rules and Regulations for available services.

EL4. Electric service shall be underground. See Electric Department Rules and Regulations for available services.

EL5. Installation of underground facilities shall be in accordance with City of Santa Clara Electric Department standard UG-1000, latest version, and Santa Clara City Code chapter 17.15.050.

EL6. Overhead services shall be installed per City of Santa Clara Electric Department standard OH-550, MS-G6, and MS-G7 latest revision.

Attachment 2
Stevens Creek Subaru - 3215 Stevens Creek Boulevard PLN24-00392/PLN2015-11350 Revised Conditions of CT Rezone and Use Permit Approval

EL7. Underground service entrance conduits and conductors shall be “privately” owned, maintained, and installed per City Building Inspection Division Codes. Electric meters and main disconnects shall be installed per Silicon Valley Power Std. MS-G7,Rev. 2.

EL8. The developer shall grant to the City, without cost, all easements and/or right of way necessary for serving the property of the developer and for the installation of utilities (Santa Clara City Code chapter 17.15.110).

EL9. All electric meters and services disconnects shall be grouped at one location, outside of the building or in a utility room accessible directly from the outside. A double hasp locking arrangement shall be provided on the main switchboard door(s). Utility room door(s) shall have a double hasp locking arrangement or a lock box shall be provided.

Utility room door(s) shall not be alarmed.

EL10. If transformer pads are required, City Electric Department requires an area of 17’ x 16’- 2”, which is clear of all utilities, trees, walls, etc. This area includes a 5’-0” area away from the actual transformer pad. This area in front of the transformer may be reduced from a 8’-0” apron to a 3’-0”, providing the apron is back of a 5’-0” min. wide sidewalk.

Transformer pad must be a minimum of 10’-0 from all doors and windows, and shall be located next to a level, drivable area that will support a large crane or truck.

EL11. All trees, existing and proposed, shall be a minimum of five (5) feet from any existing or proposed Electric Department facilities. Existing trees in conflict will have to be removed. Trees shall not be planted in PUE’s or electric easements.

EL12. Any relocation of existing electric facilities shall be at Developer’s expense.

EL13. Electric Load Increase fees may be applicable.

EL14. The developer shall provide the City, in accordance with current City standards and specifications, all trenching, backfill, resurfacing, landscaping, conduit, junction boxes, vaults, street light foundations, equipment pads and subsurface housings required for power distribution, street lighting, and signal communication systems, as required by the City in the development of frontage and on-site property. Upon completion of improvements satisfactory to the City, the City shall accept the work. Developer shall further install at developer’s cost the service facilities, consisting of service wires, cables, conductors, and associated equipment necessary to connect a customer to the electrical supply system of and by the City. After completion of the facilities installed by developer, the City shall furnish and install all cable, switches, street lighting poles, luminaries, transformers, meters, and other equipment that it deems necessary for the betterment of the system (Santa Clara City Code chapter 17.15.210 (2)).

EL15. Electrical improvements (including underground electrical conduits along frontage of properties) may be required if any single non-residential private improvement valued at $200,000 or more or any series of non-residential private improvements made within a three-year period valued at $200,000 or more (Santa Clara City Code Chapter 17.15, Appendix A (Table III)).

EL16. Non-Utility Generator equipment shall not operate in parallel with the electric utility, unless approved and reviewed by the Electric Engineering Division. All switching operations shall be “Open-Transition-Mode”, unless specifically authorized by SVP Electric Engineering Division. A Generating Facility Interconnection Application must be submitted with building permit plans. Review process may take several months depending on size and type of generator. No interconnection of a generation facility with SVP is allowed without written authorization from SVP Electric Engineering Division.

EL17. Applicant is advised to contact SVP (CSC Electric Department) to obtain specific design and utility requirements that are required for building permit review/approval submittal.

Please provide a site plan to Leonard Buttitta at 408-261-5469 to facilitate plan review.

WATER
Attachment 2
Stevens Creek Subaru - 3215 Stevens Creek Boulevard PLN24-00392/PLN2015-11350 Revised Conditions of CT Rezone and Use Permit Approval

W1. The applicant shall maintain 12” of vertical clearance at water service crossing with other utilities, and all required horizontal clearances from water services: 10' from sanitary sewer utilities, 8' from storm drain utilities, 5' from fire and other water utilities, 5' from gas utilities, and 10' from landscaping. If applicant installs root barriers, clearance from landscaping reduces to 5'.

W2. Prior to issuance of Building Permits, the applicant shall provide details for a sanitary sewer manhole on the property line for sanitary sewer services greater than 6”.

W3. Prior to the issuance of Building or Grading Permits, the applicant must indicate the disposition of all existing water services on the plans. The applicant must properly abandon all existing water services on the property that will not be used per Water & Sewer Utilities standards.

W4. Prior to the issuance of Building Permits, the applicant shall provide fixture unit counts so the Water Division can verify the appropriate size of all proposed water meters.

W5. The applicant shall revise plans so that water meter and the back flow preventer are located behind the side walk in a landscaping area. Additionally, the proposed water and fire services layout shall comply with City Standards 11 and 16.

W6. Prior to issuance of Building Permits, the applicant shall submit plans indicating that the proposed water utilities will be installed per City Standard Details 11 (water service with reduced pressure backflow prevention device), 16 (fire service with double check detector assembly), and 18 (fire hydrant assembly).The applicant shall include the applicable City Standard Details on the plans. Note that the standard details can be found on the City of Santa Clara website under Water and Sewer Utilities Technical Documents.

W7. Prior to the issuance of building permit, applicant shall review the plan set, address discrepancies, and submit plans consistently showing the location of the proposed and existing utilities. Please note that there are several utility discrepancies between sheet L2 (composite plan) and sheet C5.2 (utility plan).

W8. The applicant shall label the sizes and type for the water main along Stevens Creek Boulevard. Additionally, the applicant shall label the sizes of the water laterals. Note that the applicant shall correct the discrepancies on sheet C5.2 (utility plan) involving callouts.

W9. Prior to issuance of Building Permits, the applicant shall enlarge the scale of sheet L-2 (composite utility plan), such that utility conflicts can be identified. At its current scale, sheet L-2 is very difficult to read.

POLICE
PD1. The business operator shall strictly adhere to the business hours as stated in the use permit.

PD2. The developer shall provide a minimum average illumination of one-foot candle in parking areas and in all common pedestrian or landscaped areas of the development, subject to adjustments by the Police Chief in consultation with Silicon Valley Power and Planning Department as necessary for the project to meet LEED Certification, or equivalent, objectives. The illumination should be deployed in fixtures that are both weather and vandal resistant.

PD3. Address numbers should be a minimum of twelve (12) inches in height for commercial or industrial buildings. The numbers shall be illuminated during the hours of darkness, and in a color that is contrasting to the background material. They shall be clearly visible from the street.

PD4. The entrance to the driveway and parking area should be posted with appropriate signage to discourage trespassing, unauthorized parking, etc. (See California vehicle Code section 22658(a) for guidance.

Attachment 2
Stevens Creek Subaru - 3215 Stevens Creek Boulevard PLN24-00392/PLN2015-11350 Revised Conditions of CT Rezone and Use Permit Approval

PD5. Developer shall provide trash enclosure fencing that is either see through or has a six (6) inch opening along the bottom for clear visibility. Any gates or access doors to these trash enclosures should remain locked.

PD6. Landscaping should be of the type and situated in locations to maximize visibility from the street while providing the desired degree of aesthetics. Security planting materials are encouraged along fence and property lines and under vulnerable windows to discourage criminal penetration.

PD7. All exterior doors should be adequately illuminated at all hours with their own light source.

PD8. All business or commercial establishments, of whatever nature, should have a comprehensive internal security plan, tailored to the specific use. This should include, but not limited to, employee security during working hours, after hours security, disaster preparation, etc. You may contact the Community Services Unit, Santa Clara Police Department, 601 El Camino Real, Santa Clara, CA 95050, Attn: CSU Sergeant, should you have questions or need advice on this matter.

PD9. All business or commercial establishments, of whatever nature, should have an electronic intruder alarm system installed. The system should cover the interior and perimeter of structures determined to be a value target. Also, consideration should be given to exterior areas that are or contain value targets, such as a product display lot, vehicle parking area, etc. Contact Alarm Administrator at Santa Clara Police Department for further details (408) 4615-4700.

FIRE
F1. At time of Building Permit Application, submit documentation showing that the minimum required fire-flow in accordance with California Fire Code, Appendix B, and Table B105.1 can be met for the construction type and square footage of the building. A maximum reduction of 50% in fire-flow is allowed with the installation of an automatic fire sprinkler systems designed in accordance with California Fire Code. The resulting fireflow shall not be less than 1,500 gallons per minute for the prescribed duration. From the hydrant flow data (current within one year) provide a hydraulic calculation that this fire flow can be met at a residual pressure of 20 psi.

F2. At time of Building Permit Application, the Design Team shall submit an Alternate Means and Method Application (AMMA) Permit to mitigate the lack of fire department access.

The mitigation shall include an increase in sprinkler density from 0.15 gpm/sq. ft. to 0.2 gpm/sq. ft. for all areas of the buildings and parking garage. Additional standpipe locations will also be required where deemed appropriate.

STREETS
ST1. Submit a solid waste collection plan to meet the requirements. Please contact Street Department at 408-615-3080 for guideline.
a. Solid Waste enclosure must provide a minimum unobstructed inside opening of 12’ and have minimum inside dimensions of 18.5’ by 10.5’.

ST2. Developer must have 3rd party verification of C.3 packet and storm water management plan, 3rd party inspection of stormwater treatment devices at time of installation, and Inspection and Maintenance agreement with the Street Division (we provide boiler plate).

Document must be printed single-sided and be notarized. For more information, call 408- 615-3080.

ST3. Projects with active building permits over 1 acre in size must maintain a SWPPP and are to be inspected once a month during the wet season (October – April) – fees, subject to change, are $162.63 per inspection.

Attachment 2
Stevens Creek Subaru - 3215 Stevens Creek Boulevard PLN24-00392/PLN2015-11350 Revised Conditions of CT Rezone and Use Permit Approval

ST4. Applicant to comply with City Code Section 8.25.285 and recycle or divert at least fifty percent (50%) of materials generated for discards by the project during demolition and construction activities. No building, demolition or site development permit shall be issued unless and until applicant has submitted a construction and demolition debris materials check-off list. After completion of project, applicant shall submit a construction and demolition debris recycling report as stipulated by ordinance, or be subject to monetary, civil, and/or criminal penalties.

ST5. The Developer is to supply and install City street trees per City specifications; spacing, specie, and size to be determined by City Arborist.

ST6. No cutting of any part of City trees, including roots, shall be done without following city tree preservation specifications and securing approval and direct supervision from the City Arborist at 408-615-3080.

ST7. No cutting of any part of private trees, including roots, shall be done without direct supervision of a certified arborist (Certification of International Society of Arboriculture).

I:\PLANNING\2015\Project Files Active\PLN2015-11350 3215 Stevens Creek Boulevard (Use Permit)\CC\Conditions of Approval - 3215 Stevens Creek Blvd (PLN2015-11350).doc City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-372 Agenda Date: 5/21/2025

REPORT TO PLANNING COMMISSION

SUBJECT
PUBLIC HEARING: Action on Conditional Use Permit (PLN24-00392) to Modify Existing Conditions of Approval (Conditions P6, P8, P19, & P20) to Allow Solid Waste and Recycling Collection from Cecil Avenue for the Existing Subaru Dealership Located at 3225 Stevens Creek Boulevard.

REPORT IN BRIEF
File No.: PLN24-00392
Project: Conditional Use Permit to modify existing conditions of approval (conditions P6 and P19) 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 Staff Recommendation: Determine that the request is exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15305 (Class 5 - Minor Alterations in Land Use Limitations); and adopt a resolution approving a Conditional Use Permit for the modification of existing conditions of approval to allow solid waste and recycling collection from Cecil Avenue for the property located at 3225 Stevens Creek Boulevard.

BACKGROUND
On September 9, 2024, David Zamora & Reza Soleimany (Applicant), on behalf of Monar LLC (Owner) filed a Conditional Use Permit (CUP) modification application for the subject site located at 3225 Stevens Creek Boulevard. The Applicant requests to modify Conditions of Approval P6 and P19 associated with the current CUP (File No. PLN2015-11350) to allow the operation of existing roll-up doors during business hours to facilitate solid waste and recycling collection from Cecil Avenue.

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The project site was originally developed in the 1960’s and has since operated as a car dealership. The current active CUP (File No. PLN2015-11350) was approved by the Santa Clara Planning Commission on July 27, 2016, to allow an expanded car dealership and construction of a new building. A 0.28-acre portion of the project site (Former APN: 303-18-041) had to be rezoned from Agricultural (A) to Thoroughfare Commercial (CT) and was approved by Santa Clara City Council on Augst 30, 2016. Subsequently, as part of a citywide effort to make the zoning of parcels consistent with their General Plan land use designation, the subject property’s zoning was changed to Regional Commercial (CR) in August 2024.

The car dealership did not build the approved solid waste and recycling enclosure as required under File No.

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. In August 2023, the City of Santa Clara became aware of the noncompliance and sent a violation letter (Attachment 7) with options for the dealership to remedy the violation. The car dealership has their oil / fluid picked up once a week on Cecil Avenue as allowed by the Conditions of Approval.

The Applicant’s request is one of the remedies proposed in the letter. This request is submitted pursuant to Santa Clara City Code Chapter 18.150, Permit Modifications and Revocations. The request was required to go through the Project Clearance Committee, and it was deemed cleared on March 11, 2025.

DISCUSSION
The project site is located along the City’s southern border along the Stevens Creek Boulevard commercial corridor lined with auto-oriented uses. This corridor was developed at the same time as the suburban tract homes abutting the subject property to the north along Cecil Avenue. See Attachment 1 for a vicinity map of the area. Existing auto-oriented land uses have intensified over the decades, resulting in an increase in the noise, light, and air pollution. The residents of these residences voiced their opposition to the intensification of the subject site in 2015. Their concerns regarded noise and light pollution that the site would generate and how it would disrupt the residential character of their neighborhood.

An Initial Study was prepared for the proposed project in 2015 in accordance with the CEQA. The Initial Study determined that the noise pollution generated by the site’s activities would exceed thresholds and needed mitigation. Mitigations were intended to restrict the ability of commercial vehicles to use the roll-up doors facing Cecil Avenue. The following mitigations were included in the project’s Mitigation Monitoring and Reporting Program:
· Limit soundings of horns as vehicles
· Roll up doors shall remain closed at all times between the hours of 10:00 PM and 7:00 AM · Close roll-up doors when practical during all hours of operation · Utilize bays farthest from the roll up doors first and locate noisier activities in bays furthest from roll up doors
· Keep exterior door to compressor/tanks closed except while entering or exiting, and · Limit all exterior activities, including loading and receiving of materials and site circulation to the hours of 10:00 PM and 7:00 AM
To address the community’s concerns, the Planning Commission approved the CUP (File No. PLN2015- 11350) after adding additional restrictions to the use of the roll up doors along Cecil Avenue by adding the following conditions:

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· Condition 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.”
· Condition 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.

These conditions have created a unique situation for this project site as it is the only commercial property along Cecil Avenue that does not have solid waste and recycling collected from Cecil Avenue. A recent example is the Stevens Creek Lincoln dealership adjacent to the property was approved (File No. PLN21- 15129) to have their solid waste and recycling collected from Cecil Avenue.

General Plan Conformance
The request abides with the following General Plan Policies:
· 5.5.2-P12: Screen loading and trash areas to preclude visibility from off ‐
site and public streets.
· 5.8.2-P7: Concentrate through traffic on major streets and encourage traffic distribution that maximizes the efficiency of the existing roadway network.
· 5.8.2-P8: Minimize disruption of traffic flow resulting from truck traffic and deliveries, particularly during commute hours.

Zoning Conformance
A CUP may be modified or revoked pursuant to Santa Clara City Code Chapter 18.150. The Review Authority which originally granted the permit is authorized to modify the permit if it meets the finding below:
“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” Here, Finding “D” of the 2016 Resolution approving the car dealership 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 rollup 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:

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o The solid waste and recycling collection restriction under Planning Division conditions 6 and 19 creates an unreasonable constraint to the site’s waste management. o The constraint is unique to this site as similar development abutting Cecil Avenue has been allowed to get their solid waste and recycling collected from this street for recent projects. o The waste management company (Mission Trail) operates their collection trucks on Cecil Avenue currently and modifying these conditions will not generate additional noise pollution. o These conditions are no longer necessary due to the conditions on the ground.

After reviewing the current conditions and operations of the car dealership, staff also suggests modifications to conditions P8 regarding directing employees where to park, and P20 starting the car wash one hour later in the a.m. on weekdays so they are better enforceable and are consistent with the General Plan and Zoning.

See Attachment 3 for the redline of the proposed edits to the conditions.

The Stevens Creek Subaru dealership currently has an unreasonable constraint implementing their waste management. Modifying conditions 6 and 19 to allow solid waste and recycling collection on Cecil Avenue will consolidate and improve both Mission Trail and this site’s operations. The change will not be detrimental to the health, safety, peace, comfort and general welfare of residences in the neighborhood because no additional noise, light, and air pollution will be generated.

ENVIROMENTAL 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
On May 8, 2025, a notice of public hearing on this item mailed to property owners within 500 feet of the project site. At the time of this staff report, Planning Staff has not received public comments in support or opposition to the proposed request.

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RECOMMENDATION

1. Determine the request is exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15305 (Class 5 - Minor Alterations in Land Use Limitations);

2. Adopt a resolution approving a Conditional Use Permit to modify existing conditions of approval (Condition P6, P8, P19, & P20) to allow solid waste and recycling to be collected along Cecil Avenue for the existing Subaru dealership located at 3225 Stevens Creek Boulevard, subject to findings and the revised conditions of approval.

Prepared by: Alex Tellez, Assistant Planner
Reviewed by: Alexander Abbe, Assistant City Attorney
Approved by: Lesley Xavier, Planning Manager

ATTACHMENTS

1. Vicinity Map

2. Resolution approving Conditional Use Permit

3. Conditions of Approval

4. Development Plans

5. Justification of Request

6. Web Links

7. Violation Letter

8. Code Enforcement Case Log
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Vicinity Map (Zoning) - 3225 Stevens Creek
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CR - Commercial Regional
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NAD_1983_2011_StatePanel_California_III_FIPS_0403_Ft_US ©City of Santa Clara THIS MAP IS NOT TO BE USED FOR NAVIGATION Resolution/ 3225 Stevens Creek Blvd CUP Amendment Page 1 of * Rev. 1/9/2024
RESOLUTION NO. __________

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF SANTA CLARA, CALIFORNIA APPROVING THE

MODIFICATION OF AN EXISTING CONDITIONAL USE PERMIT
AT 3225 STEVENS CREEK BOULEVARD.

PLN2024-00392 (Conditional Use Permit)

BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, on September 9, 2024, David Zamora & Reza Soleimany (“Applicant”), on behalf of Monar LLC (“Owner”), filed an application to modify an existing Conditional Use Permit (“Project”) to change Planning Division conditions 6 and 19 to allow the operation of existing rollup doors during business hours to facilitate trash collection on Cecil Avenue for an existing car dealership located at 3225 Stevens Creek Boulevard (“Project Site”); WHEREAS, the Project Site is currently zoned Regional Commercial (“C-R”) and has a General Plan land use designation of Regional Commercial;
WHEREAS, the Project proposes to modify Planning Division conditions 6 and 19 to allow the existing roll-up doors fronting Cecil Avenue to be used during business hours to facilitate waste collection where currently waste is being required to be collected on Stevens Creek Boulevard; and,
WHEREAS, the Santa Clara City Code requires that any request to modify an existing Conditional Use Permit be reviewed by the Review Authority that originally approved the discretionary permit, which in this case is the Planning Commission; WHEREAS, the Project is categorically exempt from the California Environmental Quality Act per Section 15305 – Minor Alterations in Land Use Limitations (Class 5), which applies to minor alterations in the land use limitations as long as it doesn’t change the density or land use; Resolution/ 3225 Stevens Creek Blvd CUP Amendment Page 2 of * Rev. 1/9/2024
WHEREAS, on May 8, 2025, the notice of public hearing for the May 21, 2025, Planning Commission meeting was mailed to property owners within a 500-foot radius of the Project Site boundaries; and
WHEREAS, on May 21, 2025, the Planning Commission held a duly noticed public hearing to consider the application to modify an existing Conditional Use Permit and all pertinent information in the record, during which the Planning Commission invited and considered any and all verbal and written testimony and evidence offered in favor of and in opposition to the Project.

NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the Planning Commission hereby finds that the above Recitals are true and correct and by this reference makes them a part hereof.

2. That the Planning Commission herby approves the modification of the existing Conditional Use Permit to allow the operation of the existing roll-up doors fronting Cecil Avenue during Business Hours to facilitate waste collection for the Project Site subject to modified Conditions of Approval, attached hereto by this reference.

3. Pursuant to SCCC Code Section 18.150.040, the Planning Commission hereby finds that 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.
a. Specifically, Finding “D” of the 2016 Resolution approving the car dealership 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 Resolution/ 3225 Stevens Creek Blvd CUP Amendment Page 3 of * Rev. 1/9/2024
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:
i. The trash picked up restriction under Planning Division conditions 6 and 19 create an unreasonable constraint to the site’s waste management. ii. The constraint is unique to this site as future development abutting Cecil Avenue has been allowed to get their trash collected from this street. iii. The waste management company (“Mission Trail”) is operating their collection trucks on Cecil Avenue currently and changing these conditions will not generate additional noise pollution since they already operate on this street.
iv. These conditions are no longer necessary due to the conditions on the ground.

4. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 21 DAY OF MAY 2025, BY THE FOLLOWING VOTE:

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ABSTAINED: COMMISSIONERS:

ATTEST:

AFSHAN HAMID

DIRECTOR OF COMMUNITY DEVELOPMENT

CITY OF SANTA CLARA
Resolution/ 3225 Stevens Creek Blvd CUP Amendment Page 4 of * Rev. 1/9/2024
Attachments Incorporated by Reference:

1. Modified Conditions of Conditional Use Permit Approval Attachment 2
Stevens Creek Subaru - 3215 Stevens Creek Boulevard PLN24-00392/PLN2015-11350 Revised Conditions of CT Rezone and Use Permit Approval

CONDITIONS OF REZONE AND USE PERMIT APPROVAL
In addition to complying with all applicable codes, regulations, ordinances and resolutions, the following conditions of approval are recommended:

GENERAL
G1. If relocation of an existing public facility becomes necessary due to a conflict with the developer's new improvements, then the cost of said relocation shall be borne by the developer.

G2. Comply with all applicable codes, regulations, ordinances and resolutions.

ATTORNEY’S OFFICE
A1. The Developer agrees to defend and indemnify and hold City, its officers, agents, employees, officials and representatives free and harmless from and against any and all claims, losses, damages, attorneys' fees, injuries, costs, and liabilities arising from any suit for damages or for equitable or injunctive relief which is filed by a third party against the City by reason of its approval of developer's project.

PLANNING AND BUILDING INSPECTION
P1. Obtain required permits and inspections from the Building Official and comply with the conditions thereof. If this project involves land area of 1 acre or more, the developer shall file a Notice of Intent (NOI) with the State Water Resources Control Board prior to issuance of any building permit for grading, or construction; a copy of the NOI shall be sent to the City Building Inspection Division. A storm water pollution prevention plan is also required with the NOI.

P2. The Director of Community Development may refer the use permit to the Planning Commission at any time to consider the initiation of revocation proceedings if the conditions of approval are violated or the operation is inconsistent with the approved proposal. In addition, if complaints are received by the City with respect to this use, staff shall provide a review of the use permit to the Planning Commission within three months for consideration of revocation proceedings.

P3. Any modification to the approved proposal shall require an amendment to the Use Permit subject to Planning Commission review and approval prior to commencement of the proposed changes.

P4. Submit plans for Architectural Committee review to the Planning Division and obtain architectural approval prior to issuance of building permits. Said plans to include, but not be limited to: site plans, floor plans, elevations, landscaping, lighting, stormwater control, and signage. Changes to the plans, as required by conditions of approval contained herein, shall be provided as part of the architectural review plan set.

P5. The ground floor plan and building elevations shall be revised on plans submitted for Architectural Review to remove the roll-up door along the Cecil Avenue frontage of the property that accesses the car wash/detail area and modify the floor plan so that internal site circulation to/from this area occurs on-site and not using the public street.

P6. Pedestrian and roll-up doors opening onto Cecil Avenue should remain closed during operation, and be used for emergency ingress/egress, and to facilitate the collection of waste 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 rollup door between the service area and Cecil Avenue should remain closed at all times, except in the event of emergency ingress/egress needs and to facilitate the collection of waste. The roll-up door for the service area that faces east should remain closed except for vehicle ingress/egress in order to minimize noise disturbance to nearby neighbors, Attachment 2
Stevens Creek Subaru - 3215 Stevens Creek Boulevard PLN24-00392/PLN2015-11350 Revised Conditions of CT Rezone and Use Permit Approval

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.

P7. Prior to approval of the plans for Architectural Review, the landscaped setback along Cecil Avenue shall be increased to 10 feet, as required by the Zoning Ordinance for a “through lot” with two front property lines. Alternatively, the applicant shall submit for a minor modification, along with the justification therefor, and request that the building setback be reduced by a maximum of 25% to a minimum setback of 7 feet 6 inches along Cecil Avenue.

P8. . Employees shall be directed to park within designated parking stalls on-site. The designated parking stalls shall be signed or stenciled “Employee Only”. Employees shall be strongly discouraged to park off-site.

P9. Prior to approval of the plans for Architectural Review, the plans shall be revised to show the designated locations of all parking spaces required by the Zoning Ordinance to be provided for employees and customers. The Zoning Ordinance calls for 1 employee/customer space per 400 square feet of repair/showroom area (a total of 114 required parking spaces based on the proposed square footage) plus one space for every two non-auto-repair employees. The applicant shall identify the total number of non-auto-repair employees for the dealership as part of the architectural review application. Plans shall be labeled to identify whether parking stalls will serve retail customers, service/repair customers, or inventory purposes.

P10. The operator shall manage vehicular stacking for the service area such that it does not create back-up onto Stevens Creek Boulevard or otherwise affect vehicular, bike, or pedestrian circulation.

P11. All lighting shall be shielded to prevent any spillover onto adjacent properties. Developer shall adjust angle, shield, or dimming of the lights should there are spillover of lights onto adjacent properties. Bright white lighting for nighttime outdoor vehicle display shall not occur on the rooftop parking deck. Rooftop lighting shall be subdued and non-white in color (equivalent to low or high pressure sodium light) but adequate for safety as employee/customer parking and vehicle storage.

P12. The use of announcement or paging speaker systems outside the building is prohibited.

P13. Use of the 26-foot wide driveway exit to Cecil Avenue shall be minimized. Test drives shall use the Stevens Creek Boulevard driveway for ingress and egress. The solid gate across the 26-foot driveway to Cecil Avenue shall be closed at all times, except in the event of an emergency or in order to facilitate egress from the site by delivery or service trucks for which egress from the Stevens Creek Boulevard exit is problematic. Prior to approval of the plans for Architectural Review, the on-site circulation expected for vehicles and delivery trucks shall be identified.

P14. The interior service door to the car wash (facing east) shall be closed when the vehicle washing equipment is in operation. The applicant shall present service door and automatic opening device details to the satisfaction of the Architectural Committee to demonstrate that carwash and service area noise impacts on adjoining residences are minimized.

P15. The floors of the parking structure shall be textured or surfaced to minimize noise from vehicle tires in motion.

P16. All mechanical equipment associated with the ventilation of this building shall be located within the building or on the rooftop, screened from public view, and designed so that building ventilation exhaust areas do not directly face neighboring residential properties.

Auto wash area shall not be open toward residential properties when in operation, to the Attachment 2
Stevens Creek Subaru - 3215 Stevens Creek Boulevard PLN24-00392/PLN2015-11350 Revised Conditions of CT Rezone and Use Permit Approval

satisfaction of the Director of Planning and Inspection.

P17. Hours of vehicle sales and service operation are restricted to 7:00 a.m. to 10:00 p.m. every day, including loading and receiving of materials and site circulation. All roll-up doors shall remain closed during these hours.

P18. Parts and supply deliveries shall occur using the Stevens Creek Boulevard driveway, and not Cecil Avenue.

P19. No loading, unloading, deliveries, 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.

P20. The use of portable-generator-powered equipment to wash display vehicles shall not occur before 7:00 A.M. on weekdays, and shall not occur before 8:00 A.M. on weekends.

P21. Consistent with the Illingworth & Rodkin noise report dated July 18, 2016, utilize service bays furthest from the roll-up doors first, locate the noisier repair/service activities in bays furthest from the roll-up doors, limit sounding of horns and loud car radio use, and emphasize to all dealership staff the neighborhood’s sensitivity to noise and the importance of minimizing operational noise impacts to neighbors.

P22. Obtain Zoning Administrator Minor Modification for proposed building height (above 35 feet).

P23. Construction activity shall be limited to the hours of 7:00 a.m. to 6:00 p.m. weekdays and 9:00 a.m. to 6:00 p.m. Saturdays for projects within 300 feet of a residential use and shall not be allowed on recognized State and Federal holidays.

P24. Prior to issuance of a demolition permit, Developer/Owner shall have an asbestos survey of the proposed site performed by a certified individual. Survey results and notice of the proposed demolition are to be sent to the Bay Area Air Quality Management District (BAAQMD). No demolition shall be performed without a demolition permit and BAAQMD approval and, if necessary, proper asbestos removal.

P25. It shall be the developer's responsibility through his engineer to provide written certification that the drainage design for the subject property will prevent flood water intrusion in the event of a storm of 100-year return period. The developer's engineer shall verify that the site will be protected from off-site water intrusion by designing the on-site grading and storm water collection system using the 100-year hydraulic grade line elevation provided by the City's Engineering Department or the Federal Flood Insurance Rate Map, whichever is more restrictive. Said certification shall be submitted to the City Building Inspection Division prior to issuance of building permits.

P26. Incorporate Best Management Practices (BMPs) into construction plans and incorporate post construction water runoff measures into project plans in accordance with the City’s Urban Runoff Pollution Prevention Program standards prior to the issuance of Architectural Review approval. Post construction stormwater control measures must be certified for compliance with applicable Regional Water Quality Control Board requirements by a third-party certification body. Proposed BMPs shall be submitted to and thereafter reviewed and approved by the Planning Division and the Building Division for incorporation into construction drawings and specifications.

P27. The project site is located in Seismic Hazard Zone as identified by the State Geologist for potential hazards associated with liquefaction, pursuant to the Seismic Hazard Mapping Act (Div.2 Ch7.8 PRC), and the developer shall prepare and submit a geotechnical hazards investigation report acceptable to the City of Santa Clara Building Attachment 2
Stevens Creek Subaru - 3215 Stevens Creek Boulevard PLN24-00392/PLN2015-11350 Revised Conditions of CT Rezone and Use Permit Approval

Official prior to issuance of permits.

P28. An erosion control plan shall be prepared and copies provided to the Planning Division and to the Building Division for review and approval prior to the issuance of grading permits or building permits that involve substantial disturbance of substantial ground area.

P29. Developer is responsible for collection and pick-up of all trash and debris on-site and adjacent public right-of-way.

P18. The Project shall comply with all mitigations identified in the Mitigation, Monitoring and Reporting Program for the project.

P18. This Use Permit will only take effect following the effective date of the City Council’s rezoning of the associated easterly 0.28 acre portion of the site from A – Agriculture to CT – Thoroughfare Commercial (City file number PLN2016-11888). Should the City Council not approve the associated rezoning, the Planning Commission’s approval of this Use Permit shall be null and void.

ENGINEERING
E1. Obtain site clearance through Engineering Department prior to issuance of Building Permit. Site clearance will require payment of applicable development fees prior to issuance of the Building Permit. Other requirements may be identified for compliance during the site clearance process. Contact Engineering Department at (408) 615-3000 for further information.

E2. All work within the public right-of-way, which is to be performed by the Developer/Owner, the general contractor, and all subcontractors shall be included within a Single Encroachment Permit issued by the City Engineering Department. Issuance of the Encroachment Permit and payment of all appropriate fees shall be completed prior to commencement of work, and all work under the permit shall be completed prior to issuance of occupancy permit.

E3. Developer shall provide a complete storm drain study for the 10-year and 100-year storm events. The grading plans shall include the overland release for the 100-year storm event and any localized flooding areas. System improvements, if needed, will be at developer’s expense.

E4. After City Council approval of the Tentative Parcel Map, submit 10 copies of the Parcel Map, prepared by a Licensed Land Surveyor or a Registered Civil Engineer with Land Surveyor privileges to the Engineering Department. The submittal shall include a title report, closure calculations, and all appropriate fees. The City approved Parcel Map shall be recorded by developer prior to building permit issuance.

E5. File and record Parcel Map for proposed development and pay all appropriate fees prior to Building Permit issuance.

E6. Submit public improvement plans prepared in accordance with City Engineering Department procedures which provide for the installation of public improvements. Plans shall be prepared by a Registered Civil Engineer and approved by the City Engineer prior to approval and recordation of final map and/or issuance of building permits.

E7. Sanitary sewer (SS) cleanout shall be installed at or near property line per City standard detail SS-1 for proposed SS lateral.

E8. Proposed trees shall be 5’ minimum clear of sidewalks. Provide root barriers when the drip line of the mature trees covers the sidewalk. Root barriers for sidewalk protection shall be 16' long or extend to drip line of the mature tree, whichever is greater, and be

1.5' deep, and centered on trees. Root barriers for curb and gutter protection shall be 16' long or extend to drip line of the mature tree, whichever is greater, and be 2’ deep, and centered on trees.

Attachment 2
Stevens Creek Subaru - 3215 Stevens Creek Boulevard PLN24-00392/PLN2015-11350 Revised Conditions of CT Rezone and Use Permit Approval

E9. Storm drain and sanitary sewer laterals shall be outside the drip line of mature trees or 10’ clear of the tree trunk.

E10. Damaged curb, gutter, and sidewalk within the public right-of-way along property’s frontage shall be repaired or replaced (to the nearest score mark) in a manner acceptable to the City Engineer or his designee. The extents of said repair or replacement within the property frontage shall be at the discretion of the City Engineer or his designee.

E11. Existing non-standard or non-ADA compliant frontage improvements shall be replaced with current City standard frontage improvements as directed by the City Engineer or his designee.

E12. Remove existing driveways and replace with ADA compliant driveways along the property frontages per City standards.

E13. With the requirement to install the “Boulevard Style” frontage improvements (4-foot park strip with trees, and 10–foot sidewalk) along Stevens Creek Blvd, property owner will be required to dedicate sidewalk and utility easements for portions of sidewalk and any public utility within private property and pay the easement preparation fee. For more information regarding the easement contact Nelson Damian at 408-615-3000.

E14. Unused driveways in the public right-of-way shall be replaced with City standard curb, gutter, and sidewalk per City Standard Detail ST-12.

E15. All proposed walkway, sidewalk, driveways, and curb ramps shall be ADA compliant.

E16. Show and comply City’s Driveway Triangle of Safety requirement at all proposed driveways including the Parking Garage driveways. No trees and/or structures obstructing drivers’ view are allowed in the Triangle of Safety areas.

E17. Provide pedestrian ADA walkway from proposed buildings to public sidewalk.

E18. Proposed driveways on Stevens Creek Blvd. and Cecil Avenue shall be per City standard detail ST-8.

E19. On-street parking shall not be counted toward on-site parking requirements.

E20. Provide 2 Class I and 8 Class II bicycle parking spaces at main entrance and/or high visible area.

ELECTRICAL
EL1. Prior to submitting any project for Electric Department review, applicant shall provide a site plan showing all existing utilities, structures, easements and trees. Applicant shall also include a “Load Survey” form showing all current and proposed electric loads. A new customer with a load of 500KVA or greater or 100 residential units will have to fill out a “Service Investigation Form” and submit this form to the Electric Planning Department for review by the Electric Planning Engineer. Silicon Valley Power will do exact design of required substructures after plans are submitted for building permits.

EL2. The Developer shall provide and install electric facilities per Santa Clara City Code chapter 17.15.210.

EL3. Electric service shall be overhead. See Electric Department Rules and Regulations for available services.

EL4. Electric service shall be underground. See Electric Department Rules and Regulations for available services.

EL5. Installation of underground facilities shall be in accordance with City of Santa Clara Electric Department standard UG-1000, latest version, and Santa Clara City Code chapter 17.15.050.

EL6. Overhead services shall be installed per City of Santa Clara Electric Department standard OH-550, MS-G6, and MS-G7 latest revision.

Attachment 2
Stevens Creek Subaru - 3215 Stevens Creek Boulevard PLN24-00392/PLN2015-11350 Revised Conditions of CT Rezone and Use Permit Approval

EL7. Underground service entrance conduits and conductors shall be “privately” owned, maintained, and installed per City Building Inspection Division Codes. Electric meters and main disconnects shall be installed per Silicon Valley Power Std. MS-G7,Rev. 2.

EL8. The developer shall grant to the City, without cost, all easements and/or right of way necessary for serving the property of the developer and for the installation of utilities (Santa Clara City Code chapter 17.15.110).

EL9. All electric meters and services disconnects shall be grouped at one location, outside of the building or in a utility room accessible directly from the outside. A double hasp locking arrangement shall be provided on the main switchboard door(s). Utility room door(s) shall have a double hasp locking arrangement or a lock box shall be provided.

Utility room door(s) shall not be alarmed.

EL10. If transformer pads are required, City Electric Department requires an area of 17’ x 16’- 2”, which is clear of all utilities, trees, walls, etc. This area includes a 5’-0” area away from the actual transformer pad. This area in front of the transformer may be reduced from a 8’-0” apron to a 3’-0”, providing the apron is back of a 5’-0” min. wide sidewalk.

Transformer pad must be a minimum of 10’-0 from all doors and windows, and shall be located next to a level, drivable area that will support a large crane or truck.

EL11. All trees, existing and proposed, shall be a minimum of five (5) feet from any existing or proposed Electric Department facilities. Existing trees in conflict will have to be removed. Trees shall not be planted in PUE’s or electric easements.

EL12. Any relocation of existing electric facilities shall be at Developer’s expense.

EL13. Electric Load Increase fees may be applicable.

EL14. The developer shall provide the City, in accordance with current City standards and specifications, all trenching, backfill, resurfacing, landscaping, conduit, junction boxes, vaults, street light foundations, equipment pads and subsurface housings required for power distribution, street lighting, and signal communication systems, as required by the City in the development of frontage and on-site property. Upon completion of improvements satisfactory to the City, the City shall accept the work. Developer shall further install at developer’s cost the service facilities, consisting of service wires, cables, conductors, and associated equipment necessary to connect a customer to the electrical supply system of and by the City. After completion of the facilities installed by developer, the City shall furnish and install all cable, switches, street lighting poles, luminaries, transformers, meters, and other equipment that it deems necessary for the betterment of the system (Santa Clara City Code chapter 17.15.210 (2)).

EL15. Electrical improvements (including underground electrical conduits along frontage of properties) may be required if any single non-residential private improvement valued at $200,000 or more or any series of non-residential private improvements made within a three-year period valued at $200,000 or more (Santa Clara City Code Chapter 17.15, Appendix A (Table III)).

EL16. Non-Utility Generator equipment shall not operate in parallel with the electric utility, unless approved and reviewed by the Electric Engineering Division. All switching operations shall be “Open-Transition-Mode”, unless specifically authorized by SVP Electric Engineering Division. A Generating Facility Interconnection Application must be submitted with building permit plans. Review process may take several months depending on size and type of generator. No interconnection of a generation facility with SVP is allowed without written authorization from SVP Electric Engineering Division.

EL17. Applicant is advised to contact SVP (CSC Electric Department) to obtain specific design and utility requirements that are required for building permit review/approval submittal.

Please provide a site plan to Leonard Buttitta at 408-261-5469 to facilitate plan review.

WATER
Attachment 2
Stevens Creek Subaru - 3215 Stevens Creek Boulevard PLN24-00392/PLN2015-11350 Revised Conditions of CT Rezone and Use Permit Approval

W1. The applicant shall maintain 12” of vertical clearance at water service crossing with other utilities, and all required horizontal clearances from water services: 10' from sanitary sewer utilities, 8' from storm drain utilities, 5' from fire and other water utilities, 5' from gas utilities, and 10' from landscaping. If applicant installs root barriers, clearance from landscaping reduces to 5'.

W2. Prior to issuance of Building Permits, the applicant shall provide details for a sanitary sewer manhole on the property line for sanitary sewer services greater than 6”.

W3. Prior to the issuance of Building or Grading Permits, the applicant must indicate the disposition of all existing water services on the plans. The applicant must properly abandon all existing water services on the property that will not be used per Water & Sewer Utilities standards.

W4. Prior to the issuance of Building Permits, the applicant shall provide fixture unit counts so the Water Division can verify the appropriate size of all proposed water meters.

W5. The applicant shall revise plans so that water meter and the back flow preventer are located behind the side walk in a landscaping area. Additionally, the proposed water and fire services layout shall comply with City Standards 11 and 16.

W6. Prior to issuance of Building Permits, the applicant shall submit plans indicating that the proposed water utilities will be installed per City Standard Details 11 (water service with reduced pressure backflow prevention device), 16 (fire service with double check detector assembly), and 18 (fire hydrant assembly).The applicant shall include the applicable City Standard Details on the plans. Note that the standard details can be found on the City of Santa Clara website under Water and Sewer Utilities Technical Documents.

W7. Prior to the issuance of building permit, applicant shall review the plan set, address discrepancies, and submit plans consistently showing the location of the proposed and existing utilities. Please note that there are several utility discrepancies between sheet L2 (composite plan) and sheet C5.2 (utility plan).

W8. The applicant shall label the sizes and type for the water main along Stevens Creek Boulevard. Additionally, the applicant shall label the sizes of the water laterals. Note that the applicant shall correct the discrepancies on sheet C5.2 (utility plan) involving callouts.

W9. Prior to issuance of Building Permits, the applicant shall enlarge the scale of sheet L-2 (composite utility plan), such that utility conflicts can be identified. At its current scale, sheet L-2 is very difficult to read.

POLICE
PD1. The business operator shall strictly adhere to the business hours as stated in the use permit.

PD2. The developer shall provide a minimum average illumination of one-foot candle in parking areas and in all common pedestrian or landscaped areas of the development, subject to adjustments by the Police Chief in consultation with Silicon Valley Power and Planning Department as necessary for the project to meet LEED Certification, or equivalent, objectives. The illumination should be deployed in fixtures that are both weather and vandal resistant.

PD3. Address numbers should be a minimum of twelve (12) inches in height for commercial or industrial buildings. The numbers shall be illuminated during the hours of darkness, and in a color that is contrasting to the background material. They shall be clearly visible from the street.

PD4. The entrance to the driveway and parking area should be posted with appropriate signage to discourage trespassing, unauthorized parking, etc. (See California vehicle Code section 22658(a) for guidance.

Attachment 2
Stevens Creek Subaru - 3215 Stevens Creek Boulevard PLN24-00392/PLN2015-11350 Revised Conditions of CT Rezone and Use Permit Approval

PD5. Developer shall provide trash enclosure fencing that is either see through or has a six (6) inch opening along the bottom for clear visibility. Any gates or access doors to these trash enclosures should remain locked.

PD6. Landscaping should be of the type and situated in locations to maximize visibility from the street while providing the desired degree of aesthetics. Security planting materials are encouraged along fence and property lines and under vulnerable windows to discourage criminal penetration.

PD7. All exterior doors should be adequately illuminated at all hours with their own light source.

PD8. All business or commercial establishments, of whatever nature, should have a comprehensive internal security plan, tailored to the specific use. This should include, but not limited to, employee security during working hours, after hours security, disaster preparation, etc. You may contact the Community Services Unit, Santa Clara Police Department, 601 El Camino Real, Santa Clara, CA 95050, Attn: CSU Sergeant, should you have questions or need advice on this matter.

PD9. All business or commercial establishments, of whatever nature, should have an electronic intruder alarm system installed. The system should cover the interior and perimeter of structures determined to be a value target. Also, consideration should be given to exterior areas that are or contain value targets, such as a product display lot, vehicle parking area, etc. Contact Alarm Administrator at Santa Clara Police Department for further details (408) 4615-4700.

FIRE
F1. At time of Building Permit Application, submit documentation showing that the minimum required fire-flow in accordance with California Fire Code, Appendix B, and Table B105.1 can be met for the construction type and square footage of the building. A maximum reduction of 50% in fire-flow is allowed with the installation of an automatic fire sprinkler systems designed in accordance with California Fire Code. The resulting fireflow shall not be less than 1,500 gallons per minute for the prescribed duration. From the hydrant flow data (current within one year) provide a hydraulic calculation that this fire flow can be met at a residual pressure of 20 psi.

F2. At time of Building Permit Application, the Design Team shall submit an Alternate Means and Method Application (AMMA) Permit to mitigate the lack of fire department access.

The mitigation shall include an increase in sprinkler density from 0.15 gpm/sq. ft. to 0.2 gpm/sq. ft. for all areas of the buildings and parking garage. Additional standpipe locations will also be required where deemed appropriate.

STREETS
ST1. Submit a solid waste collection plan to meet the requirements. Please contact Street Department at 408-615-3080 for guideline.
a. Solid Waste enclosure must provide a minimum unobstructed inside opening of 12’ and have minimum inside dimensions of 18.5’ by 10.5’.

ST2. Developer must have 3rd party verification of C.3 packet and storm water management plan, 3rd party inspection of stormwater treatment devices at time of installation, and Inspection and Maintenance agreement with the Street Division (we provide boiler plate).

Document must be printed single-sided and be notarized. For more information, call 408- 615-3080.

ST3. Projects with active building permits over 1 acre in size must maintain a SWPPP and are to be inspected once a month during the wet season (October – April) – fees, subject to change, are $162.63 per inspection.

Attachment 2
Stevens Creek Subaru - 3215 Stevens Creek Boulevard PLN24-00392/PLN2015-11350 Revised Conditions of CT Rezone and Use Permit Approval

ST4. Applicant to comply with City Code Section 8.25.285 and recycle or divert at least fifty percent (50%) of materials generated for discards by the project during demolition and construction activities. No building, demolition or site development permit shall be issued unless and until applicant has submitted a construction and demolition debris materials check-off list. After completion of project, applicant shall submit a construction and demolition debris recycling report as stipulated by ordinance, or be subject to monetary, civil, and/or criminal penalties.

ST5. The Developer is to supply and install City street trees per City specifications; spacing, specie, and size to be determined by City Arborist.

ST6. No cutting of any part of City trees, including roots, shall be done without following city tree preservation specifications and securing approval and direct supervision from the City Arborist at 408-615-3080.

ST7. No cutting of any part of private trees, including roots, shall be done without direct supervision of a certified arborist (Certification of International Society of Arboriculture).

I:\PLANNING\2015\Project Files Active\PLN2015-11350 3215 Stevens Creek Boulevard (Use Permit)\CC\Conditions of Approval - 3215 Stevens Creek Blvd (PLN2015-11350).doc *
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A1.0

SITE PLAN
SITE PLAN 1/16" 1 C 2017 KENNETH RODRIGUES & PARTNERS, INC.

PROJECT NO.DRAWN BY SCALE
DATE
K E N N E T H R O D R I G U E S & P A R T N E R S I N C . 4 4 5 N o r t h W h i s m a n R o a d , S u i t e 2 0 0 M o u n t a i n V i e w . C A 6 5 0 . 9 6 5 . 0 7 0 0

KEYMAPCONSULTANT

30.604

REVISIONCHECKED BY
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3215 STEVENS CREEK BLVD.

SANTA CLARA, CA.

BAKHTIARI AUTO GROUP
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08.16.16AS SHOWN

08.16.16 BUILDING DEPARTMENT

SUBMITTAL
MV

10.31.16 1 PLAN CHECK 1 RESPONSE12.22.16 2 PLAN CHECK 2 RESPONSE

3.24.17 PLAN CHECK 3 & OWNER
REVISIONS 3

5.25.17 PLAN CHECK 4 & OWNER
REVISIONS 4

10.08.18 7 OWNER REVISIONS
1 A1.1

NEW PROPOSED BUILDING
SEE SHEET A2.1

SHEET KEYN
OTES
LEGEND
BUILDING OVERHANG FROM SECOND FLOORDECK ABOVE, SEE SHEET A2.2 1234567

TRANSFORMER PAD
STANDARD CONCRETE PAVING, SEE CIVIL PLANS.

SHORT TERM BIKE PARKING. SEE LANDSCAPE
PLANS
9 LANDSCAPE AREAS. SEE LANDSCAPEPLANS

1. SEE LANDSCAPE PLANS FOR ALL HARDSCAPE
LAYOUT AND DETAILS.

2. SEE CIVIL DRAWINGS FOR GRADING, DRAINAGE,

AND HORIZONTAL CONTROL PLAN

3. "NO PARKING FIRE LANE" SIGN AND CURB

MARKINGS SHALL BE INSTALLED AS SPECIFIED BY

THE FIRE MARSHALL

4. WALKWAYS AND SIDEWALKS ALONG ACCESSIBLE
ROUTES OF TRAVEL SHALL:

A. BE CONTINUOUSLY ACCESSIBLE.

B. HAVE A MAXIMUM OF 1/2" CHANGE IN
ELEVATION (11B-303) OR PROVIDE RAMPS
COMPLYING WITH CBC 11B-405
C. BE MINIMUM WIDTH OF 48"
D. BE OF SLIP RESISTANT MATERIALS.

E. WHERE NECESSARY TO CHANGE ELEVATION
AT A SLOPE EXCEEDING 5% (1:20), HAVE

RAMPS COMPLYING WITH CBC SECTION
11B-405
F. PROVIDE DETECTABLE WARNING DEVICES AT

VEHICULAR TRAFFIC CROSSING PER

CALIFORNIA BUILDING CODE
REQUIREMENTS.

G. PERMANENTLY SIGNED ROOMS AND SPACES

MUST BE PROVIDED WITH RAISED LETTER
AND BRAILLE IDENTIFICATION SIGNS.

GROUND FLOOR EXIT DOORS SHALL
RECEIVE TACTILE EXIT SIGNAGE.

H. MAXIMUM RUNNING SLOPE TO BE 5% ALONG
THE ACCESSIBLE PATH OF TRAVEL. ANY
WALKWAY WITH SLOPE GREATER THAN 5%
SHALL BE A RAMP.

5. ALL CONCRETE PARKING SURFACES UNDER THE

DECK AT GRADE AND GARAGE LEVELS TOHAVE SWIRL PATTERN TO REDUCE TIRENOISE

GENERAL N
OTES
10 HARDSCAPE AREAS. SEE CIVIL PLANS
11 PROPERTY LINE
12 ACCESSIBLE PARKING STALL
13 STANDARD PARKING STALL, SEE CIVIL
PLANS
8 LONG TERM BIKE PARKING. SEE LANDSCAPE
PLANS
COVERED TRASH ENCLOSURE.

BIOSWALE, SEE CIVIL DRAWINGS.
14 SHOWROOM ENTRY

BUILDING AREA AT GROUND FLOOR,
SEE SHEET A2.1

NOT IN THIS SCOPE
CBC CHAPTER 11B ACCESSIBLE ROUTE, TYP.

SEE SHEET A0.4 FOR ADDITIONAL ACCESSIBILITY

NOTES AND DETAILS
ENHANCED CONCRETE PAVING, SEE CIVIL PLANS.

PERVIOUS PAVERS, SEE CIVIL DRAWINGS
15 LINE OF DECK OVERHANG ABOVE.16 PYLON FOR SIGNAGE ABOVE17 UTILITY EASEMENT, SEE CIVIL DRAWINGS 4 5
24 14'-11"

OVERHANG
11'-10"
32'-11"
3'-8"
1'-2"±
5'-7"
9'-4
2 "
0'-3"
18'-0" 18'-0"
16'-7" 27'-9" 15'-3"
5'-0" 12'-6" 12'-6" 12'-6" 12'-6"
10'-11"
7'-6" 11'-1"
79'-7" OVERHANG
11'-0"
10'-3"
26'-0"
18'-0"
18'-0"
9'-0"
TYP.
26'-0"
21'-9"
9'-10"
T
2 A1.1
8 3
4 2
2 5
6 15
7 15
15 15
10 79
1112
15 14'-1"
14 14
16 S T E V E N S C R E E K B O U L A V A R D

C E C I L A V E N U E

EXISTING BUILDING EX ST G BUI D NG

EXISTING EX ST G

BUILDING BU LD NG

EXISTING EXIST NG

BUILDING BU LD NG
1 7 9
9 79
79 7
7 7
2'-2"
"
95'-6" OVERHANG
9'-0"
TYP.

PARKING TABULATI

ON OVERALL

PARKING STALLS

SERVICE VEHICLE STORAGE SERVICE VEHICLE STORAGE SERVICE VEHICLE STORAGE SERVICE VEHICLE STORAGE CE VE IC DNSERVICE V NE D

E DNSERVICE VEHICLE STORAGE S CE VE

CUSTOMER PARKING STALLS

VEHICLE DIS V LE DISPLAY STALLS LE DIS YS
345
53 126144
CLASS I BICYCLE PARKING CLASS BICY 2CLASS II BICYCLE PARKING CLASS II 8 EMPLOYEE STALLS** E PLOYEE S * 22
**EMPLOYEE STALLS DESIGNATED ON LEVEL 3. L S D D O
1 8"
1 21'-5"
1 1
26'-0"
1 17
17 2
2 2
3 5

08.10.17 5 PLANNING REVISION
9'-0" 1
7 7
S:\30.604 Steven's Creek Subaru\2 - DD-CD\Sheet Files\A1.0 - Site Plan.dwg, 10/10/2018 4:24:17 PM, _DWG To PDF.pc3

EXISTING TRASHENCLOSURE

EXISTING SLIDINGGATE FOR TRASHTRACK PICKUP ONLY
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PLN24-00392 / 3225 Stevens Creek Developer Application
Response to PCC review dated November 5, 2024
Subject: Community Development -Planning Division P1. Written Project Description The following is the revised project description:

The purpose of this application is to allow for the pickup of the trash and the recycle bins via the existing sliding door on the Cecil Street. The purpose is to permit the Mission Trail trash truck to access the rear of the Subaru dealership through the sliding door to collect trash from the existing trash enclosure.

This application does not propose any changes to the current access or operational use of the roll-up door. The roll up door will continue to function as it does currently.

It is important to note that the other adjacent business on Cecil Street have their trash collected from the same street. This request aligns with existing practices in the are and support fair and equitable approach to trash collection for neighbor business.

Web Links
Project Website:

Here you will find a summary of the project and information regarding past community meetings and prior plan submittals.
https://www.santaclaraca.gov/Home/Components/BusinessDirectory/BusinessDirectory/543/2495?alpha= NonAlpha&npage=3
These documents are available for viewing in the Community Development Department You don't often get email from Learn why this is important From: Planning Public Comment <[email protected]> Sent: Thursday, May 15, 2025 2:37 PM
To: Cliff Moore Planning Public Comment <[email protected]>; Lesley Xavier <[email protected]>; Alex Tellez <[email protected]>; Mayor and Council <[email protected]>
Subject: RE: PLN24-00392 Opposition to modify existing use permit at Subaru Dealership Good Afternoon,
Your email has been received in the Planning División and by way of my reply I am including the appropriate staff for their review. Please note, your comments will be part of the public record on this item.

I am also including Mayor and Council to this email, your email is addressed to City Council, but I did not see their email address in your email.

This item will be heard at the May 21, 2025 Planning Commission meeting.

Thank you for taking the time to provide your input.

Regards,
Elizabeth Elliott | Staff Aide II
Community Development Department | Planning Division
1500 Warburton Avenue | Santa Clara, CA 95050
O: 408.615.2450 | D: 408.615.2474
www.SantaClaraCA.gov
From: Cliff Moore
Sent: Wednesday, May 14, 2025 3:20 PM
To: Planning Public Comment <[email protected]> Subject: PLN24-00392 Opposition to modify existing use permit at Subaru Dealership PLN24-00392
Cliff Moore
On behalf of the Residents of Cecil Avenue Cecil Avenue Santa Clara, CA 95050 Date: 5/14/25
Santa Clara City Council
City Hall
1500 Warburton Avenue
Santa Clara, CA 95050
Subject: Strong Opposition to Waste and Recycle Collection Access from Cecil Avenue for Stevens Creek Subaru PLN24-00392
Dear Honorable Members of the Santa Clara City Council, We, the undersigned residents of Cecil Avenue in Santa Clara, write to express our firm and united opposition to any proposal that would modify existing conditions to permit waste and recycling collection services for Stevens Creek Subaru to be accessed via Cecil Avenue rather than Stevens Creek Boulevard.

Cecil Avenue is a quiet, residential street designed for the safety, comfort, and peace of its residents—not for commercial vehicle traffic or industrial-scale waste collection. The introduction of regular waste and recycling collection from a commercial business on our street would dramatically and negatively impact our quality of life, increase noise, create traffic hazards, and diminish the residential character of our neighborhood.

Moreover, Stevens Creek Subaru has existing and viable access from Stevens Creek Boulevard. There is absolutely no justification for burdening our residential street with commercial waste operations when appropriate access already exists. Any attempt to modify this arrangement would prioritize corporate convenience over the well-being and safety of residents—a precedent we strongly oppose.

We respectfully urge the City Council to uphold the existing access conditions and reject any proposed changes that would allow Stevens Creek Subaru, or any other commercial entity, to divert its waste and recycling collection to Cecil Avenue. We are committed to preserving the integrity of our neighborhood and will continue to actively resist any actions that compromise its residential nature.

Thank you for your attention and prompt consideration of this matter. We request this letter be entered into the public record and that our opposition be reflected in any future deliberations on this issue.

Sincerely,
Cliff Moore
On behalf of the Residents of Cecil Avenue [Attached petition] Correspondence
5/21/25 Planning Commission Meeting
3225 Stevens Creek Boulevard
RTC 25-372

August 14, 2023
Stevens Creek Subaru
[email protected]
[email protected]
3225 Stevens Creek Blvd
San Jose, CA 95117
RE: Violation of Approved Rezone and Use Permits (File No. PLN2015-11350 and PLN2016- 11888)
To Whom it May Concern:

It has come to the City’s attention that the required trash enclosure for the above approved and completed project was never constructed. Please be advised, that per the conditions of approval (P3 and ST1) below and in the attached Conditions of Approval, a trash enclosure is required for the project. Any modification to the trash enclosure location requires an amendment to the Use Permit.

P3. Any modification to the approved proposal shall require an amendment to the Use Permit subject to Planning Commission review and approval prior to commencement of the proposed changes.

ST1. Submit a solid waste collection plan to meet the requirements. Please contact Street Department at 408-615-3080 for guidelines. (a.) Solid Waste enclosure must provide a minimum unobstructed inside opening of 12' and have minimum inside dimensions of 18.5' by 10.5'.

Recent communication with the City of Santa Clara Public Works Department and Mission Trail Waste Systems, have indicated that the location of your trash enclosure as shown on your permit plans does not meet Mission Trail requirements for trash pickup. Currently, solid waste from 3225 Stevens Creek Boulevard is relocated to 3155 Stevens Creek Boulevard for service. However, each entity must subscribe to and maintain solid waste services independently. This requires you to submit a new solid waste collection plan for review.

One possible option would be to stage the trash bins out on Cecil Avenue. While this option works for Mission Trail, the Use Permit for the site would need to be amended to allow for this operation as the following condition prohibits trash pickup on Cecil Avenue.

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 Another option would be to stage solid waste containers on Stevens Creek Boulevard. Mission Trail Waste Systems has approved of this area, but for safety reasons a portion of your frontage would need to be painted red. To initiate this process a formal written request on company letterhead must be forwarded to the City of Santa Clara Transportation Manager, Steve Chan, at [email protected].

The red curb option on Stevens Creek Boulevard could be set up as a temporary solution while the amendment to allow solid waste collection service on Cecil is pursued.

To allow for solid waste services and resolve this violation the following must occur:

1. Application for a Minor Amendment to an Approved Permit, to address the lack of constructed trash enclosure,

2. Submittal of a formal written request on company letterhead requesting a red curb be installed on Stevens Creek Boulevard to allow Solid Waste collection and/or

3. Application of a Use Permit Amendment if condition modification is necessary (to allow service on Cecil Avenue)
Corrective action is necessary on your part to ensure that the conditions of approval are abided by or amended, and that mandatory solid waste services continue. Failure to address these issues may result in a citation.

Should you require more information or assistance regarding this notice, please contact me at [email protected].

Sincerely,
Lesley Xavier
Planning Manager
Approved Architectural Plans:

City of Santa Clara
Meeting Minutes
Planning Commission
FINAL
5:00 PM Hybrid Meeting
City Hall Council
Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
05/21/2025
The City of Santa Clara is conducting Planning Commission meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely).

Via Zoom:
https://santaclaraca.zoom.us/j/91729202898
Webinar ID: 917 2920 2898 or
Phone:
1(669) 900-6833
Via the City’s eComment
The public may view the meetings on SantaClaraCA.gov, or the livestream on the City’s YouTube channel or Facebook page.

Public Comments prior to meeting may be submitted via email to [email protected] no later than noon on the day of the meeting; (Comments received after 12:00 PM on the day of the meeting will be made part of the public record but will not be read out loud during the meeting) and also before and during the meeting via eComment. Clearly indicate the project address, meeting body, and meeting date in the email.

Agendas, Staff Reports and associated documents for Planning Commission items may be viewed on the City's website at https://santaclara.legistar.com/Calendar.aspx 5:00 PM STUDY SESSION
Call to Order
Chair Saleme called the Study Session to order at 5:06 p.m.

Roll Call
Commissioner Huang arrived at the meeting at 5:35 p.m.

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Planning Commission Meeting Minutes 05/21/2025
Commissioner Nancy A. Biagini, Commissioner Priya Cherukuru, Commissioner Qian Huang, Vice Chair Mario Bouza, Chair Lance Saleme, and Commissioner Eric Crutchlow
Present 6 -
Absent 1 - Commissioner Yashraj Bhatnagar

1. 25-576 Study Session: Presenters from David J. Powers and Associates, Inc. (DJP) will provide information to the Commission on the California Environmental Quality Act (CEQA).

Recommendation:

There is no staff recommendation.

Vice President - Principal Project Manager Shannon George, David J. Powers and Associates provided the presentation.
6:00 PM REGULAR MEETING
Call to Order
Chair Saleme called the meeting to order at 6:17 p.m.

Pledge of Allegiance and Statement of Values
Secretary Crutchlow read the Declaration of Commission Procedures.

Roll Call
Commissioner Yashraj Bhatnagar, Commissioner Nancy A. Biagini, Commissioner Priya Cherukuru, Commissioner Qian Huang, Vice Chair Mario Bouza, Chair Lance Saleme, and Commissioner Eric Crutchlow
Present 7 -

DECLARATION OF COMMISSION PROCEDURES
Secretary Crutchlow read the Declaration of Commission Procedures.

CONTINUANCES/EXCEPTIONS

CONSENT CALENDAR

1. 25-433 Planning Commission Meeting Minutes of April 16, 2025 Recommendation: Approve the Planning Commission Meeting Minutes of the April 16, 2025 Meeting.

A motion was made by Commissioner Bouza, seconded by
Commissioner Cheurukuru to approve the Consent Calendar.

Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Cherukuru, Commissioner Huang, Vice Chair Bouza, Chair Saleme, and Commissioner Crutchlow
7 -
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PUBLIC PRESENTATIONS
Public Speaker
Jennifer Johnston

PUBLIC HEARING

2. 25-268 PUBLIC HEARING: Continuance of an Action on a Variance (PLN24-00514) to Locate a Six-Foot Wrought Iron Fence Within the 10-Foot Street Side Setback and Within the 20-Foot Front Setback Proposed at 572 Woodhams Road.

Recommendation: Staff recommends that the Planning Commission open the public hearing on this item and then immediately continue the proposed project to the August 13, 2025, Planning Commission meeting.

A motion was made by Commissioner Biagini, seconded by
Commissioner Crutchlow to approve staff recommendation.

Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Cherukuru, Commissioner Huang, Vice Chair Bouza, Chair Saleme, and Commissioner Crutchlow
7 -
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3. 25-372 PUBLIC HEARING: Action on Conditional Use Permit (PLN24-00392) to Modify Existing Conditions of Approval (Conditions P6, P8, P19, & P20) to Allow Solid Waste and Recycling Collection from Cecil Avenue for the Existing Subaru Dealership Located at 3225 Stevens Creek Boulevard.

Recommendation: 1. Determine the request is exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15305 (Class 5 - Minor Alterations in Land Use Limitations);

2. Adopt a resolution approving a Conditional Use Permit to modify existing conditions of approval (Condition P6, P8, P19, & P20) to allow solid waste and recycling to be collected along Cecil Avenue for the existing Subaru dealership located at 3225 Stevens Creek Boulevard, subject to findings and the revised conditions of approval.

Assistant Planner Alex Tellez provided the staff presentation.

David Zamora, Architect representing the Applicant provided a presentation. Nathan Waxembaum, Architect Associate spoke about the project.

Commissioners inquired upon the impact this would have on the surrounding neighborhood, if there was ample employee parking, safety concerns and the potential traffic that could be generated if the used oil is picked up more than once a week.

Public Speakers:

Tracie Johnson
Cliff Moore
Mark Irving
Perry
A motion was made by Commissioner Cherukuru, seconded by Commissioner Biagini, to close public hearing.

Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Cherukuru, Commissioner Huang, Vice Chair Bouza, Chair Saleme, and Commissioner Crutchlow
7 -
A motion was made by Commissioner Biagini, seconded by
Commissioner Cherukuru, to approve staff recommendation 1.

Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Cherukuru, Commissioner Huang, Vice Chair Bouza, Chair Saleme, and Commissioner Crutchlow
7 -
A motion was made by Commissioner Biagini, seconded by
Commissioner Bouza to have staff bring back a resolution to the Planning Commission to deny staff recommendation 2.

Aye: Commissioner Bhatnagar, Commissioner Biagini, Vice Chair Bouza, Chair Saleme, and Commissioner Crutchlow
5 -
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Nay: 2 - Commissioner Cherukuru, and Commissioner Huang

4. 25-598 Confirmation of Planning Commission Workplan for Fiscal Year 2025/2026 Recommendation: There is no staff recommendation.

Meeting went into Recess at 8:00 p.m.

Meeting Reconvened at 8:12 p.m.

A motion was made by Commissioner Cherukuru, seconded by Commissioner Crutchlow to close public hearing.

Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Cherukuru, Commissioner Huang, Vice Chair Bouza, Chair Saleme, and Commissioner Crutchlow
7 -
A motion was made by Commissioner Crutchlow, seconded by Commissioner Biagini to Allow the Planning Commission Chair to present the Workplan to Council with any changes as needed.

Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Cherukuru, Commissioner Huang, Vice Chair Bouza, Chair Saleme, and Commissioner Crutchlow
7 -
REPORTS OF COMMISSION/BOARD LIAISON AND COMMITTEE:

1. Announcements/Other Items

2. Commissioner Travel and Training Reports, Requests to attend Trainings

1. 25-596 American Planning Association California Chapter Conference 2025 Recommendation: There is no staff recommendation.

Commissioner Biagini left the meeting at 8:29 p.m.

A motion was made by Commissioner Cherukuru, seconded by Commissioner Crutchlow to expend funds for Commissioners Huang and Crutchlow to attend the California APA Conference.

Aye: Commissioner Bhatnagar, Commissioner Cherukuru,
Commissioner Huang, Vice Chair Bouza, Chair Saleme, and Commissioner Crutchlow
6 -

Absent: 1 - Commissioner Biagini
DIRECTOR OF COMMUNITY DEVELOPMENT REPORTS:

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Planning Commission Meeting Minutes 05/21/2025

1. Planning Commission Budget Update
Staff Aide II Elizabeth Elliott provided updates.

2. Upcoming Agenda Items
Planning Manager Lesley Xavier provided updates.

3. City Council Actions
Planning Manager Lesley Xavier provided updates.

ADJOURNMENT:

The meeting adjourned at 8:33 p.m. The next regular scheduled meeting is June 11, 2025 at 6 p.m.

Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Cherukuru, Commissioner Huang, Vice Chair Bouza, Chair Saleme, and Commissioner Crutchlow
7 -
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The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

STREAMING SERVICES: As always, the public may view the meetings on SantaClaraCA.gov, Santa Clara City Television (Comcast cable channel 15 or AT&T U-verse channel 99), or the livestream on the City’s YouTube channel or Facebook page.

Note: The public cannot participate in the meeting through these livestreaming methods; livestreaming capabilities may be disrupted at times, viewers may always view and participate in meetings in-person and via Zoom as noted on the agenda.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker." In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities.

The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format. Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

City of Santa Clara Page 7 Printed on 08/08/2025
Resolution/ Denial of a modification of a Conditional Use Permit Page 1 of 3 Rev. 1/9/2024
RESOLUTION NO. __________

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF SANTA CLARA, CALIFORNIA DENYING THE

MODIFICATION OF AN EXISTING CONDITIONAL USE PERMIT
AT 3225 STEVENS CREEK BOULEVARD.

PLN2024-00392 (Conditional Use Permit)
WHEREAS, on July 27, 2016, the Planning Commission of the City of Santa Clara approved a Conditional Use Permit (PLN2015-11350) for the operation of a car dealership located at 3225 Stevens Creek Boulevard (“Project Site”);
WHEREAS, Conditions P6 and P19 of the existing Use Permit require that trash pickups occur on Stevens Creek Boulevard, and not on Cecil Avenue;
WHEREAS, on September 9, 2024, David Zamora & Reza Soleimany (“Applicant”), on behalf of Monar LLC (“Owner”), filed an application to modify the existing Conditional Use Permit (“Project”) to change Planning Conditions P6 & P19 to allow the operation of existing roll-up doors during business hours to facilitate trash pick-up on Cecil Avenue; WHEREAS, the Project Site is currently zoned Regional Commercial (“C-R”) and has a General Plan land use designation of Regional Commercial;
WHEREAS, the Santa Clara City Code requires that any request to modify an existing Conditional Use Permit be reviewed by the Review Authority that originally approved the discretionary permit; WHEREAS, the Project is not subject to review under the California Environmental Quality Act per CEQA Guidelines Section15270(a), which provides that CEQA does not apply to projects that a public agency rejects or disapproves;
WHEREAS, on May 8, 2025, the notice of public hearing for the May 21, 2025, Planning Commission meeting was mailed to property owners within a 500 foot radius of the Project Site boundaries; and
WHEREAS, on May 21, 2025, the Planning Commission held a duly noticed public hearing to consider the application to modify an existing Conditional Use Permit and all pertinent information Resolution/ Denial of a modification of a Conditional Use Permit Page 2 of 3 Rev. 1/9/2024
in the record, during which the Planning Commission invited and considered any, and all verbal and written testimony and evidence offered in favor of and in opposition to the Project.

NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the Planning Commission hereby finds that the above Recitals are true and correct and by this reference makes them a part hereof.

2. That the Planning Commission herby denies the proposed modification of the existing Conditional Use Permit, which would have allowed the operation of the existing roll-up doors fronting Cecil Avenue during Business Hours to facilitate waste collection for the Project Site.

3. The Planning Commission takes this action because the Commission is unable to make the finding required by SCCC Section 18.150.140.A related to the modification request:
a. “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 is unable to make this finding because of the following reasons:
i. The site’s waste can be safely picked up on Stevens Creek Boulevard by following the correct administrative procedures (“redlining the curb”). ii. The constraint is not unique to this site, as no other commercial property fronting Cecil Avenue get their waste picked-up on Cecil Avenue. iii. 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 won’t undermine the general welfare if the correct administrative procedures are followed.

Resolution/ Denial of a modification of a Conditional Use Permit Page 3 of 3 Rev. 1/9/2024
iv. The required findings for these conditions can be met due to the conditions on the ground.

4. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 13TH DAY OF AUGUST, 2025, BY THE FOLLOWING VOTE:

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ABSTAINED: COMMISSIONERS:

ATTEST:

AFSHAN HAMID, AICP

DIRECTOR OF COMMUNITY DEVELOPMENT

CITY OF SANTA CLARA
Attachments Incorporated by Reference:

1. None
Resolution/ Subaru Use Permit Page 1 of 4
Rev: 7/27/2023
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

TO SUSTAIN AN APPEAL AND APPROVE A CONDITIONAL USE

PERMIT TO MODIFY EXISTING CONDITIONS OF APPROVAL
FOR THE EXISTING SUBARU DEALERSHIP AT 3225 STEVENS

CREEK BOULEVARD, SANTA CLARA
PLN24-00392 (Conditional Use Permit)
WHEREAS, on September 9, 2024, David Zamora & Reza Soleimany (“Applicant”), on behalf of Monar LLC (“Owner”), filed an application to modify an existing Conditional Use Permit (“Project”) to changed Planning Condition 6 & 19 to allow the operation of existing roll-up doors during business hours to facilitate trash pick-up on Cecil Avenue for an existing car dealership located at 3225 Stevens Creek Boulevard (“Project Site”);
WHEREAS, the Project Site is currently zoned Regional Commercial (“C-R”) and has a General Plan land use designation of Regional Commercial;
WHEREAS, the Project proposes to modify Planning Conditions P6 & P19 to allow the existing rollup doors fronting Cecil Avenue to be used during Business Hours to facilitate waste collection where currently waste is being required to be collected on Stevens Creek Boulevard; WHEREAS, the Project is categorically exempt from the California Environmental Quality Act per Section 15305 – Minor Alterations in Land Use Limitations (Class 5), which applies to minor alterations in the land use limitations as long as it doesn’t change the density or land use; WHEREAS, on May 21, 2025, the Planning Commission held a duly noticed public hearing to consider the Project, at the conclusion of which, the Commission voted 5-2 to deny the modification to the Conditional Use Permit;
WHEREAS, on August 13, 2025, the Planning Commission adopted the resolution to deny the Conditional Use Permit modification;
WHEREAS, pursuant to SCCC Section 18.114.040.B.3, The Planning Commission’s decision is appealable to the Council in compliance with SCCC Chapter 18.144; WHEREAS, on August 20, 2025, the Applicant filed a timely appeal of the Planning Commission’s Resolution/ Subaru Use Permit Page 2 of 4
Rev: 7/27/2023
decision to the City Council;
WHEREAS, pursuant to SCCC Chapter 18.144, on September 25, 2025, notices of the public meeting for the City Council Hearing of October 7, 2025, were mailed to property owners within a 500-foot radius;
WHEREAS, pursuant to SCCC Section 18.146.020, on October 2, 2025, notices of the public hearing of December 3, 2024, were posted at City Hall, the Central Park Library, the Mission Branch Library, the Northside Branch Library, and on the City’s website; and WHEREAS, on October 7, 2025, City Council held a duly noticed public hearing to consider the Appeal during which the City Council invited and considered any and all verbal and written testimony and evidence offered in favor of and in opposition to the Project.

NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the City Council hereby finds that the above Recitals are true and correct and by this reference makes them a part hereof.

2. That the City Council hereby Sustains the Appeal and Approves the modification of the Conditional Use Permit, by changing Planning Conditions P6 & P19 to allow the operation of existing roll-up doors during business hours to facilitate waste collection on Cecil Avenue for an existing car dealership located at the Project Site as detailed in the modified Conditions of Approval, attached hereto by this reference.

3. Pursuant to SCCC Code Section 18.150.040, and based upon substantial evidence in the record of the hearing, including the facts stated in this resolution, the City Council hereby finds that the circumstances under which the permit or approval was granted have 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.
a. Specifically, Finding “D” of the 2016 Resolution approving the car dealership was that the dealership “is in keeping with the purposes and intent of the Zoning Code, in Resolution/ Subaru Use Permit Page 3 of 4
Rev: 7/27/2023
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:
i. The trash picked up restriction under Planning Conditions 6 & 19 create an unreasonable constraint to the site’s waste management. ii. The constraint is unique to this site as future development abutting Cecil Avenue has been allowed to get their trash picked up from this street. iii. The waste management company (“Mission Trail”) operates their collection vehicles on Cecil Avenue currently and changing these conditions will not generate additional noise pollution.
iv. The required findings for these conditions cannot be met anymore due to the conditions on the ground.
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Resolution/ Subaru Use Permit Page 4 of 4
Rev: 7/27/2023

4. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 7th DAY OF OCTOBER, 2025, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference:

1. Modified Conditions of Approval
S:\Attorney\RESOLUTIONS\Form Resolution-City.doc
Attachment 7
Stevens Creek Subaru - 3215 Stevens Creek Boulevard PLN24-00392/PLN2015-11350 Revised Conditions of CT Rezone and Use Permit Approval

REVISED CONDITIONS OF REZONE AND USE PERMIT APPROVAL
In addition to complying with all applicable codes, regulations, ordinances and resolutions, the following conditions of approval are recommended:

GENERAL
G1. If relocation of an existing public facility becomes necessary due to a conflict with the developer's new improvements, then the cost of said relocation shall be borne by the developer.

G2. Comply with all applicable codes, regulations, ordinances and resolutions.

ATTORNEY’S OFFICE
A1. The Developer agrees to defend and indemnify and hold City, its officers, agents, employees, officials and representatives free and harmless from and against any and all claims, losses, damages, attorneys' fees, injuries, costs, and liabilities arising from any suit for damages or for equitable or injunctive relief which is filed by a third party against the City by reason of its approval of developer's project.

PLANNING AND BUILDING INSPECTION
P1. Obtain required permits and inspections from the Building Official and comply with the conditions thereof. If this project involves land area of 1 acre or more, the developer shall file a Notice of Intent (NOI) with the State Water Resources Control Board prior to issuance of any building permit for grading, or construction; a copy of the NOI shall be sent to the City Building Inspection Division. A storm water pollution prevention plan is also required with the NOI.

P2. The Director of Community Development may refer the use permit to the Planning Commission at any time to consider the initiation of revocation proceedings if the conditions of approval are violated or the operation is inconsistent with the approved proposal. In addition, if complaints are received by the City with respect to this use, staff shall provide a review of the use permit to the Planning Commission within three months for consideration of revocation proceedings.

P3. Any modification to the approved proposal shall require an amendment to the Use Permit subject to Planning Commission review and approval prior to commencement of the proposed changes.

P4. Submit plans for Architectural Committee review to the Planning Division and obtain architectural approval prior to issuance of building permits. Said plans to include, but not be limited to: site plans, floor plans, elevations, landscaping, lighting, stormwater control, and signage. Changes to the plans, as required by conditions of approval contained herein, shall be provided as part of the architectural review plan set.

P5. The ground floor plan and building elevations shall be revised on plans submitted for Architectural Review to remove the roll-up door along the Cecil Avenue frontage of the property that accesses the car wash/detail area and modify the floor plan so that internal site circulation to/from this area occurs on-site and not using the public street.

P6. Pedestrian and roll-up doors opening onto Cecil Avenue should remain closed during operation, and be used for emergency ingress/egress and to facilitate the collection of waste 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 should remain closed at all times, except in the event of emergency ingress/egress needs and to facilitate the collection of waste. The roll-up door for the service area that faces east should remain closed except for vehicle ingress/egress in order to minimize noise disturbance to Attachment 7
Stevens Creek Subaru - 3215 Stevens Creek Boulevard PLN24-00392/PLN2015-11350 Revised Conditions of CT Rezone and Use Permit Approval

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.

P7. Prior to approval of the plans for Architectural Review, the landscaped setback along Cecil Avenue shall be increased to 10 feet, as required by the Zoning Ordinance for a “through lot” with two front property lines. Alternatively, the applicant shall submit for a minor modification, along with the justification therefor, and request that the building setback be reduced by a maximum of 25% to a minimum setback of 7 feet 6 inches along Cecil Avenue.

P8. All employees shall be directed to park on-site, and no employees shall be permitted to park off-site.

P9. Prior to approval of the plans for Architectural Review, the plans shall be revised to show the designated locations of all parking spaces required by the Zoning Ordinance to be provided for employees and customers. The Zoning Ordinance calls for 1 employee/customer space per 400 square feet of repair/showroom area (a total of 114 required parking spaces based on the proposed square footage) plus one space for every two non-auto-repair employees. The applicant shall identify the total number of non-auto-repair employees for the dealership as part of the architectural review application. Plans shall be labeled to identify whether parking stalls will serve retail customers, service/repair customers, or inventory purposes.

P10. The operator shall manage vehicular stacking for the service area such that it does not create back-up onto Stevens Creek Boulevard or otherwise affect vehicular, bike, or pedestrian circulation.

P11. All lighting shall be shielded to prevent any spillover onto adjacent properties. Developer shall adjust angle, shield, or dimming of the lights should there are spillover of lights onto adjacent properties. Bright white lighting for nighttime outdoor vehicle display shall not occur on the rooftop parking deck. Rooftop lighting shall be subdued and non-white in color (equivalent to low or high pressure sodium light) but adequate for safety as employee/customer parking and vehicle storage.

P12. The use of announcement or paging speaker systems outside the building is prohibited.

P13. Use of the 26-foot wide driveway exit to Cecil Avenue shall be minimized. Test drives shall use the Stevens Creek Boulevard driveway for ingress and egress. The solid gate across the 26-foot driveway to Cecil Avenue shall be closed at all times, except in the event of an emergency or in order to facilitate trash/recycling pick-up or egress from the site by delivery or service trucks for which egress from the Stevens Creek Boulevard exit is problematic. Prior to approval of the plans for Architectural Review, the on-site circulation expected for vehicles and delivery trucks shall be identified.

P14. The interior service door to the car wash (facing east) shall be closed when the vehicle washing equipment is in operation. The applicant shall present service door and automatic opening device details to the satisfaction of the Architectural Committee to demonstrate that carwash and service area noise impacts on adjoining residences are minimized.

P15. The floors of the parking structure shall be textured or surfaced to minimize noise from vehicle tires in motion.

P16. All mechanical equipment associated with the ventilation of this building shall be located within the building or on the rooftop, screened from public view, and designed so that building ventilation exhaust areas do not directly face neighboring residential properties.

Auto wash area shall not be open toward residential properties when in operation, to the satisfaction of the Director of Planning and Inspection.

Attachment 7
Stevens Creek Subaru - 3215 Stevens Creek Boulevard PLN24-00392/PLN2015-11350 Revised Conditions of CT Rezone and Use Permit Approval

P17. Hours of vehicle sales and service operation are restricted to 7:00 a.m. to 10:00 p.m. every day, including loading and receiving of materials and site circulation. All roll-up doors shall remain closed during these hours.

P18. Parts and supply deliveries shall occur using the Stevens Creek Boulevard driveway, and not Cecil Avenue.

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.

P20. The use of portable-generator-powered equipment to wash display vehicles shall not occur before 6:00 A.M. on weekdays, and shall not occur before 8:00 A.M. on weekends.

P21. Consistent with the Illingworth & Rodkin noise report dated July 18, 2016, utilize service bays furthest from the roll-up doors first, locate the noisier repair/service activities in bays furthest from the roll-up doors, limit sounding of horns and loud car radio use, and emphasize to all dealership staff the neighborhood’s sensitivity to noise and the importance of minimizing operational noise impacts to neighbors.

P22. Obtain Zoning Administrator Minor Modification for proposed building height (above 35 feet).

P23. Construction activity shall be limited to the hours of 7:00 a.m. to 6:00 p.m. weekdays and 9:00 a.m. to 6:00 p.m. Saturdays for projects within 300 feet of a residential use and shall not be allowed on recognized State and Federal holidays.

P24. Prior to issuance of a demolition permit, Developer/Owner shall have an asbestos survey of the proposed site performed by a certified individual. Survey results and notice of the proposed demolition are to be sent to the Bay Area Air Quality Management District (BAAQMD). No demolition shall be performed without a demolition permit and BAAQMD approval and, if necessary, proper asbestos removal.

P25. It shall be the developer's responsibility through his engineer to provide written certification that the drainage design for the subject property will prevent flood water intrusion in the event of a storm of 100-year return period. The developer's engineer shall verify that the site will be protected from off-site water intrusion by designing the on-site grading and storm water collection system using the 100-year hydraulic grade line elevation provided by the City's Engineering Department or the Federal Flood Insurance Rate Map, whichever is more restrictive. Said certification shall be submitted to the City Building Inspection Division prior to issuance of building permits.

P26. Incorporate Best Management Practices (BMPs) into construction plans and incorporate post construction water runoff measures into project plans in accordance with the City’s Urban Runoff Pollution Prevention Program standards prior to the issuance of Architectural Review approval. Post construction stormwater control measures must be certified for compliance with applicable Regional Water Quality Control Board requirements by a third-party certification body. Proposed BMPs shall be submitted to and thereafter reviewed and approved by the Planning Division and the Building Division for incorporation into construction drawings and specifications.

P27. The project site is located in Seismic Hazard Zone as identified by the State Geologist for potential hazards associated with liquefaction, pursuant to the Seismic Hazard Mapping Act (Div.2 Ch7.8 PRC), and the developer shall prepare and submit a geotechnical hazards investigation report acceptable to the City of Santa Clara Building Official prior to issuance of permits.

Attachment 7
Stevens Creek Subaru - 3215 Stevens Creek Boulevard PLN24-00392/PLN2015-11350 Revised Conditions of CT Rezone and Use Permit Approval