2/24/2026
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Agenda
1. Background
2. Modification Request
3. Photos of Project Site
4. Mission Trail Coordination
5- Analysis
6. Public Outreach
7. Recommendation
City Council
February 24, 2026
Item# 5: RTC 26-32
Reconsideration of the Council Action
for the Appeal of the Planning
Commission's Denial of a Modification
to a Conditional Use Penn it for
Stevens Creek Subaru Dealership at
3225 Stevens Creek Blvd
Afshan Hamid
Community Development Director
Item #5
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2/24/2026
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1. Background:
October 21, 2025 City Council Action:
Reconsideration of the Council "No-Action" on the Appeal of the Planning Commission's Denial of a Modification to a Conditional Use Permit to Modify Existing Conditions of Approval for the Existing Subaru Dealership.
1. Ba,ckground
Property:
• Acreage: 1.57 Acres
• SurroundingUses:
- N: Single Family Residential (Rl-6L)
- S: Mixed Use Commercial (San Jose
City Limits)
- E: Regional Commercial (C-R)
- W: Regional Commercial (C-R)
• General Plan Designation: Regional
Commercial
• Zoning: Regional Commercial (C-R)
• Single Family Reside~tial
Commercial
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5 1. Background: Timeline
• 1960s: Developed as a car dealership with surface parking lot • July 27, 2016: Approved by Planning Commission with CUP • August 13, 2016: Rezone approved through City Council • May 2022: Final Certificate of Occupancy issued for the new building • August 2023: Complaints for non-compliance received from residents. Violation letter sent to the property owner & dealership.
• September 2024: Applicant filed an application to modify the approved CUP • May 21 & August 13, 2025: Planning Commission denied request to amend the CUP
• October 7, 2025: City Council heard the appeal to Planning Commission Denial • October 21, 2025: Applicant requested reconsideration of Council "non-action".
1. Background: Planning Commission
6 • May 21, 2025: Planning Commission public hearing to modify CUP. • Staff supported the applicant's request to service bins from Cecil Ave and recommended approval based on information available. • Four members of the Public attended the Hearing and shared concerns.
• The Planning Commission concerned regarding potential increase of traffic and noise on Cecil Avenue.
• The Planning Commission voted to deny the request (5-2-0). • August 13, 2025: Resolution of denial approved by Planning Commission.
• Applicant appealed Planning Commission's decision to City Council.
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2. Modification Request
• Applicant request is to allow for the collection of solid waste from Cecil Avenue which requires modification of the Conditions of Approval.
• The trash enclosure required under the approved CUP was not built on site.
• Since construction completion of Subaru, waste was/is being transferred to the adjacent Lincoln Dealership site.
• Adjacent Lincoln Dealership is currently under construction.
2. Modification Request - CO
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 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.
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Stevens Creek Subaru ,-':·~•:; . City of
(.~ • :) Santa Clara
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2. Modification Request - CO
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 frecycling pick-up or egress from the site by delivery or service trucks for which egress from the Stevens Creek Boulevard exit is problematic.
P19. No loading, unloading. deliveries, trashlreeysliflg--pic-k-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.
2. Modification Request
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Proposed Trash
Enclosure
Approved Trash
Enclosure per
2016 entitlements
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11 4. Coordination with Mission Trail
• July 16, 2016: Entitlements with Trash pick up on site with access from Stevens Creek Boulevard
- Only Oil removal and supply from Cecil Avenue; and
- Provide on site, turnaround and access for Mission Trail - Mission Trail requires: service bins 4 days a week, 7 am to 7 pm • Unblocked
• Bins must be out
• Bins must be accessible and ready for sen-ice
• Unclear as to why the trash was not constructed in approved location 12 12
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4. Coordin ,ation with Mission Trail
• May 21, 2025: Trash pick up on Cecil Avenue was the temporary location until CUP was resolved
- Mission Trail: Temporary trash pick up at Lincoln site; and - Any CUP final location must be coordinated with Mission Trail • After October 2025: Subsequent coordination and site visit determined waste bins are not serviceable from Cecil Avenue - Not enough clearance for Mission Trail's commercial waste vehicles to enter the parking garage
- Due to liability issues, only Mission Trail can forklift to move the bins onto Cecil Avenue
- Reduction of service not recommended
13 Stevens Creek Subaru .·>;:-.- City of
' ~ • ) Santa Clara
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5. Analysis: trash enclosure
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Stevens Creek Boulevard
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5. Options Evaluated with Mission Trail
• Option 1: Service on property off Cecil A venue, not viable due to access issues for Mission Trail and overhead lines.
• Option 2: Service placed on Cecil Avenue, not viable due to bike lane and bins need to be serviceable 4 days a week from 7 am to 7 pm. • Option 3: Bins rolled onto Stevens Creek Boulevard, not viable due to safety concerns for Mission Trail employees.
• Option 4: Service on project site at Subaru per the entitlements. Applicant to reconfigure to allow Mission Trail access~ turnaround and vehicles which are being serviced to have access.
5. Analysis
• 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 new hearing. • Based on the additional information from Mission Trail, staff recommends that the dealership obtain their waste service picked up on-site from the uncovered portion of the area fronting Stevens Creek Boulevard where it was originally approved.
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6. Public Outreach for Planning Commission
• On November 18, 2024: the applicant held a virtual community meeting. No members of the public attended.
• Staff has conducted outreach to the South of Forest Neighborhood Association's President to understand their concerns and worked with the applicant to remedy them.
• May 21, 2025 Planning Commission: 197 notices of public hearing were mailed within 500 feet of the project site.
• On-site notice was placed on Cecil Avenue and Stevens Creek Blvd. • Staff received one public comment in opposition.
6. Public Outreach for City Council
For both the October 7 and February 24 City Council meetings the following public outreach was conducted:
• 197 notices of public hearing for the City Council were mailed within 500 feet of the project site.
• On-site notice was placed on Cecil Avenue and Stevens Creek Boulevard.
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CEQA Evaluation
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.
7. Recommendation
Affirm the Planning Commission's decision and adopt a Resolution denying the Modification to the Conditional Use Permit to change existing Conditions of Approval for the existing Subaru Dealership at 3225 Stevens Creek Boulevard that would have allowed trash pick-up on Cecil Avenue, subject to Findings and Conditions of Approval.
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22 Questions & Comments
_, . . City of
. - ·,,, Santa Clara
~ ,, .• -., -1,- ,.,,.,:, .,.,,1.
City Council
February 24, 2026
Item #5: RTC 26-32
Reconsideration of the Council Action
for the Appeal of the Planning
Commission's Den ial of a Modification
to a Conditional Use Pem,it for
Stevens Creek Subaru Dealership at
3225 Ste.vens Creek Blvd
Afshan Hamid
Community Development Director
Item #5
11 2/24/2026
Today
23 Stevens Creek Subaru
Street Vi.ew
Today
2011
24 s Subjett Site
23 .• -.'· , City of
1 "" •• ' Santa Clara
•, #,. ·,. • J., •••.
Former
Location
Item tt5
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2 Business Trash/Recycling along
Stevens Creek
Informal Survey- East to West, North and South
20 October 2025 through ??? 2026
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POST MEETING MATERIAL
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Notes about Stevens Creek businesses
• North of Stevens Creek is generally Santa Clara
• Trash and Recycling pickup by Mission Trail
• South of Stevens Creek is generally San Jose
• Trash and Recycling pickup by Republic
• There are parking and bicycle lanes along both North and South curbs of Stevens Creek • Generally, anything that applies to the north side applies to the south side as well 5 6
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Trash pickup for area businesses
• Most trash pickup for businesses on Stevens Creek is along Stevens Creek • Cecil Avenue is used to access trash pickup areas
• No trash pickup requires trucks to be on Cecil Avenue • Except Subaru; only Subaru and Lincoln have trash pickup on Cecil Avenue • Trash containers for Subaru and Lincoln extend into the public right of way • Containers are angled because Cecil Avenue is too narrow for trucks to turn well • Trucks leave tire marks on pavement as they have to drive over the sidewalk
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Auto Dealerships along Stevens Creek
Trash pickup varies: on Stevens Creek, from side streets, from back • Mitsubishi • Porsche Stevens Creek • Mercedes-Benz of Stevens Creek • Lexus • MINI of Stevens Creek • Honda of Stevens Creek • Stevens Creek Kia • Stevens Creek Mazda • AutoNation Volvo Cars San Jose • Stevens Creek Chevrolet • Stevens Creek BMW • AutoNation Acura Stevens Creek • Frontier Ford • Stevens Creek Cadillac • Stevens Creek lnfiniti • Crown Vic • Saint Claire Cadillac • Stevens Creek Nissan • Land Rover Stevens Creek • Stevens Creek Hyundai • Alfa Romeo of San Jose • Chrysler/Jeep/Dodge/Ram • Stevens Creek Volkswagen • Stevens Creek Showcase Businesses with Trash pickup; North
Streets highlighted in BOLD
Winchester Blvd
. Winchester Shopping Center
. Mcn·s Wearhouse
• Tony & Alba·s Pizza & Pasta
. Mu~t Be Thai
• BevMo!
• Eduardo·s Custom Tailor
. The Port of Peri Peri
• San Jose Motors
• Smoke Shop & Vape
• Unique International Market
• Dalfay :Vlotors
. Pride Motors LLC
• Y eganeh Bakery & Kafe Unik
. Daily Motors
• Scuttlehugs Child Center
N. Henry Ave
• Lexus Stevens Creek
• Jack In The Box
Tykr Ave
Cypress Ave
• lOlu) Stevens Creek Lincoln
Harold Ave
• Fast Lane European
Brookside Ave
San Tomas Expressway
• Frontier Fortl
Breech Ave
• Central Computers
Saratoga
Buckingham Drive
Serena \\'a~·
• Porsr.:he Stevens Creek
Kiely Bh'd
• MINI of Stevens Creek
• AutoNation Collision Center
• Stevens Creek BMW
• Stevens Creek Catlillac/Henz
• Saint Claire Cadillac
• Stevens Creek Hyundai
• Enterprise Rent-A-Car
Woodhams Road
• AutoNation Acura Stevens Creek
• Stevens Creek lnfiniti
Cronin Drive
• Stevens Creek Nissan
• Bright Horizons
Rodonovan Drive
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30 Businesses with Trash pickup; South
Streets highlighted in BOLD
Winchester Blvd
• Citti • s Florist
• Big 5 Sporting Goods
Srnr One Credit L:nion
llanson Ave
• The Vitamin Shorre
• (Clo,;ed) Arb:/s
San Jose Amigos Auto Sales
Tamales TamalOLe,
Maplewood Aw
• Jenny Beauty Care '.'Jails & Hair
• Allum Aesthetic
•
Steven,; Creek Spot1s Card~
Klubhouse
Chick I\. Bros
Rock Club Burgers
Rosewood A vc
Sa11 .lose Auto Sales
LS Bank
S. Hcnr)' A,·c
Audi S~n Jo,e
Ardis Ave
Mitsubishi
S. Cypress A ,·e
Stevens Creek Kia
• Games & l\ohle
San Tomas Expressway
• Steven,; Creek Chevrolet
Bo~-nton A ,·e
• Crown Vic
Northlake Drivr
Sarato~a AH
Jaguar
Land Ro, i;,1· Ste, en, (" reek
Steven, Creek Chrysler Jeep Dodge Ram
Kiely Bhd
Ste,ens Crcd, Toyota
Ste,cns C1·eek \,lazd;i
l.opina \Vay
Ste,ens Creek Volkswagen
Palace Orin
Mercedes-1:le,v ofSte,ens Creek
Honda of Stevens Creek
Richfield Drin'
AutoNation Volrn Cars San Jose
Cronin Drive
Lamps Plus
Alfa Romeo of San Jose
Casa Vie11 DriH
Ste,ens Creek Showca,e
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Stevens Creek Subaru, now Lincoln
• No intent to provide garbage collection locations the way other businesses do • Delaying this item:
• Allowed Subaru to extend their non-compliance of their contract • Further impacts to residents
• Allowed Subaru to continue building their other business that exacerbates the problem • What is the trash collection plan there?
• Stated reason was availability of Mission Trail