The Santa Clara County Planning Commission on Nov. 20 signaled it will overturn the Department of Planning and Development’s June denial of a grading abatement application for a nursery in Coyote Valley, declaring its intent to grant the appeal and send the matter back for environmental review and final conditions.

Deputy Director Lisa Mikhail and Associate Planner Michael Shuey told commissioners that county staff had denied the application on June 9, 2025 because staff could not make several required findings under county grading code C.12-4-33. Staff told the commission the compacted base rock spread across the parcel met the county’s definition of "development area" and that the importation of roughly several thousand cubic yards of base rock had been found nonexempt in a prior notice of violation and a court order requiring abatement.

"Staff recommends that the commission deny the appeal and uphold the decision of the Department of Planning and Development to deny the grading abatement application," the staff report stated during the presentation.

The applicant’s team, represented by MH Engineering and land-use counsel Bart Heckman, argued that compacted base rock is used widely by commercial wholesale nurseries and that the county code does not explicitly list base rock as development area. Heckman told the commission: "That base rock is not stated in your code as a development area," and urged commissioners to harmonize the ordinance and general-plan policies to allow the nursery operation to continue.

Owner/operator Marcus Silva described day-to-day operations and said base rock is necessary for nursery vehicles, forklifts and carts to function on wet days. "The only reason I've been sane ... is because I really need that and to continue growing my material," Silva said.

County counsel and staff responded that nurseries are classified in the zoning ordinance as a commercial use and that the grading on the property was previously determined in a compliance agreement and court action to be nonexempt grading that required abatement. Deputy County Counsel Christina Stella explained that a by-right use does not remove the need for other permits and that grading permits and grading-abatement approvals remain necessary.

Commissioners asked whether a compliance agreement could be reworked to allow the nursery to operate with a reduced amount of base rock and discussed mechanisms such as recorded conditions or bonds to secure removal of base rock if a future owner ceased the nursery operation. Staff explained the typical process: a commission declaration of intent to grant would trigger CEQA analysis for this area of statewide importance, followed by drafting conditions and a later hearing on final approval and, if approved after CEQA, issuance of a grading permit based on engineering plans.

After discussion and questions, Vice Chairperson O'Donoghue moved "to declare intent to grant the appeal and rescind the decision of the Department of Planning and Development to deny the grading abatement approval and return to the Planning Commission for final action." Commissioner Escobar seconded. The roll-call vote recorded Yes from Commissioner Bauska, Commissioner Escobar, Vice Chairperson O'Donoghue and Chairperson Mark Rausser; No votes came from Commissioner Cohen and Commissioner Levy. The motion carried 4–2.

The commission’s declaration is not a final approval of the grading as proposed; staff told the commission that if the commission intends to grant the appeal the county would conduct CEQA review (as required for a discretionary action in the Coyote Valley area of statewide importance) and prepare conditions of approval that could include recorded obligations or bonds requiring removal or restoration if the nursery use ceased. The matter will return to the Planning Commission for final action after those steps.

The commission also received standard administrative reports and recognized clerk Peggy on her last meeting before retirement. The commission adjourned and listed its next regular meeting for Dec. 18, 2025, at 6 p.m. in San Jose.

(Reporting in this article is based solely on the Nov. 20, 2025 Planning Commission transcript and the documents presented to the commission.)