From: Michael Olejnik
To: "D Botelho"
Bcc: Lesley Xavier
Subject: Subaru violating their operating permit
Date: Tuesday, December 9, 2025 10:40:00 AM
Attachments: image001.png
Good morning Dave, Stevens Creek Subaru petitioned City Council for reconsideration of the prior hearing. That petition was heard by Council, motioned, voted on, and subsequently passed. As a result, a new hearing will take place (TBD) and will be heard as if it were the first time. When an applicant appeals a citation or decision, the city temporary pauses additional enforcement since the outcome is undetermined, this is common practice, and in line with direction received from the City Attorney’s Office. Once Council has had an opportunity to make a decision will enforcement resume, or not resume, dependent on the outcome.
Michael Olejnik
Code Enforcement Officer | Community Development
1500 Warburton Ave Santa Clara, CA 95050
D: 408.615.2428 | Email: [email protected]
From: D Botelho <[email protected]>
Sent: Monday, December 8, 2025 11:16 AM
To: Kelly Cox <[email protected]>; Lesley Xavier <[email protected]>; Manager <[email protected]>; Mayor and Council <[email protected]>; Lisa Gillmor <[email protected]>
Cc: Tracie Johnson <[email protected]>; Cliff Moore Neighbor <[email protected]>; Lisa & Moe <[email protected]>; Mark Irving <[email protected]>; Patrick Burns <[email protected]>; Kirk Vartan <[email protected]> Subject: Re: Subaru violating their operating permit
City of Santa Clara,
Hope this helps me get my point across.
What I can’t understand is that Michael Olejnik says his team went out there and didn't see any activity of violations ?!?!
These pics were taken over a two week span and have plenty more.
Dave
On Dec 8, 2025, at 10:44 AM, D Botelho <[email protected]> wrote:
Hello Kelly,
This morning 8AM, Same white Honda Civic parks on Cecil ave and enters through the emergency only gate to enter Subaru to go to work. This guy has been doing this for weeks now.
Please have the City enforce their operating permit. Sending all of these e- mails is something I shouldn't have to be doing everyday just because the City is failing to enforce with they agreed to.
CECIL AVE is asking for HELP AGAIN. PLEASE!!!!!!!
CLEARLY Subaru NOT being good neighbors
Thank you,
Dave
<IMG_2882.jpeg><IMG_2883.jpeg><IMG_2884.jpeg>
On Dec 4, 2025, at 7:53 PM, Kelly Cox <[email protected] >
wrote:
Hi all,
Thank you for bringing this to my attention. I will reach out to staff immediately.
Kelly
Get Outlook for iOS
From: Tracie Johnson <[email protected]
>
Sent: Saturday, November 29, 2025 1:26:10 PM
To: Kelly Cox <[email protected]
>; D. Botelho
<[email protected]>; Cliff Moore
Neighbor <[email protected]>
Subject: Fw: Subaru violating their operating permit
Dave,
Kelly Cox is our district six council representative so you should also be working with her.
I also recommend reaching out to Subaru corporate at this point.
The trash that is everywhere goes against Subaru's corporate image as an environmentally conscious company.
Regards,
Tracie
----- Forwarded Message -----
From: D Botelho <[email protected]
>
To: Lesley Xavier <[email protected]>; Manager
<[email protected]>; and Council
Mayor <[email protected]>
Cc: Lisa & Moe <[email protected]>; Mark Irving <[email protected]>; Cliff Moore
Neighbor <[email protected]>; Patrick Burns
<[email protected]>; Dave Botelho
<[email protected]>; Tracie Johnson
<[email protected]>; Kirk Vartan
<[email protected]>; Lisa
Gillmor <[email protected]>
Sent: Saturday, November 29, 2025 at 11:14:23 AM PST
Subject: Subaru violating their operating permit
Hello City of Santa Clara,
In case there were any issues viewing the videos I sent yesterday (Friday the 28th), I am attaching photos taken the same day showing the ongoing problems. As noted in my previous
requests, Subaru staff are using this emergency only door and dragging garbage down our street with a pallet jack, trash and debris blowing in front of our homes and using the door for bring in car parts and entering for work
Since March 2025 I have submitted emails and multiple Code Enforcement requests about this same issue over time and, unfortunately, the problem continues with no resolution.
I am respectfully requesting that the City of Santa Clara please enforce Subaru’s operating permit and the applicable code requirements so that they live up to their commitments to be good neighbors like they said when the dealership was approved and built.
A little help from the City of Santa Clara would be greatly appreciated by the residence on Cecil Ave.
Thank you for your time and attention and welcome anyone to call me if they would like to discuss further or have questions.
Respectfully,
Dave Botelho
408-640-9311
Subaru Employee entering to go to work through the emergency only door
<Screen Shot 2025-11-29 at 10.25.41 AM.png><Screen Shot 2025-11-29 at 10.27.53 AM.png><Screen Shot 2025-11-29 at
10.31.07 AM.png>
Subaru Employee entering dropping off car parts through the emergency only door
<Screen Shot 2025-11-29 at 10.37.19 AM.png><Screen Shot 2025-11-29 at 10.39.16 AM.png><image003.jpeg>
<IMG_2736.jpeg>
New Report
APPLIED FILTERS
Date range: Jan 1, 2025 - Feb 18, 2026
Department: Community Development
Keyword: 3225 Stevens Creek
Request Type: All
Status: All
ID Request Type Description Address Assigned To Priority Status Date Created Completion Due Date
17630438 Code
Enforcement
Subaru Employees parking
on Cecil ave and entering
Subaru through the
emergency only gate. Per
their operating permit,
Subaru employees are not
to be parking on CECIl Ave
and NO ONE should be
going through the
emergency gate UNLESS
it's an actual emergency. I
have photo's but was
having trouble getting
them onto your website.
3225 Stevens Creek
Boulevard, Santa Clara, CA
95050, USA
Michael
Olejnik
Medium Completed December
8, 2025
11:10 am
January 12,
2026
17471469 Code
Enforcement
I am writing to report that
Subaru continues to use
their emergency-only exit
on Cecil Avenue to
dispose of garbage and
access our street. This is a
clear violation of their
approved operating
permit.
As you know, the litigation
regarding this issue has
already concluded, and
Subaru was not approved
to use the rear gate for
any purpose other than
emergencies. Despite this,
their staff are...
3225 Stevens Creek
Boulevard, Santa Clara, CA
95050, USA
Michael
Olejnik
Medium Completed October 15,
2025
2:54 pm
November
16, 2025
17026866 Code
Enforcement
Subaru continues to open
the emergency only
egress door to push trash
cans down the street to
get emptied.
Why has this not been
stopped. This is in-
violation on their
operating permit. Please
update!
3225 Stevens Creek Blvd,
San Jose, CA 95117, USA
None Medium Completed June 23,
2025
10:26 pm
July 28,
2025
2/18/26, 10:58 AM Accela CRM ~ Reports: Advanced
https://gov.publicstuff.com/reports/custom?report=#loadState=true 1/2 ID Request TypeDescription Address Assigned ToPriority Status Date CreatedCompletion Due Date
16955433Code
Enforcement
Subaru continues to
violate their operating
permit by bringing
wheeling trash cans down
the street using the
emergency gate. Please
make them stop> This is
clearly against their
operating permit and the
city continues to allow this
to happen
3225 Stevens Creek Blvd,
Santa Clara, CA, USA
None MediumCompletedJune 5,
2025
11:07 am
July 10,
2025
16927392Code
Enforcement
I am writing to formally
report a recurring noise
issue originating from the
Subaru dealership’s car
wash facility. It has been
observed that the
dealership is operating
the car wash machines
while the roll-up doors
open., closing them way
after the machines have
already started resulting
in excessive and
disruptive noise affecting
the residents and
properties of Cecil Ave.
To help...
3225 Stevens Creek Blvd,
Santa Clara, CA 95117,
USA
Michael
Olejnik
MediumCompletedMay 29,
2025
3:29 pm
July 3, 2025
16923092Code
Enforcement
Subaru continues to allow
their employees to exit
and hall garbage down the
street through the
emergency ingress/egress
only door. This is clearly in
violation of the P.6 Use
permit. Can you please
make them stop as it's
been going on for 3
months now
3225 Stevens Creek
Boulevard, San Jose, CA,
USA
None MediumCompletedMay 28,
2025
5:50 pm
July 2, 2025
2/18/26, 10:58 AM Accela CRM ~ Reports: Advanced
https://gov.publicstuff.com/reports/custom?report=#loadState=true 2/2 From: Afshan Hamid
Sent: Tuesday, January 13, 2026 1:49 PM
To: [email protected]
Subject: C2025-88 FW: Subaru violating their operating permit Hello Dave
Thank you for the phone call today, and I understand the frustrations of the neighbors and we are empathetic to the neighbors. I am sharing the email that I sent to Council member Cox several weeks ago.
Staff is in receipt of the email from Mr. Botelho regarding on-going violations of the permit for the Subaru Dealership that he and his neighbor’s witness. Staff in Code Enforcement has received the emails from the neighbors.
Background Summary:
The Subaru Dealership at 3225 Stevens Creek Boulevard is currently under an application for an appeal by the City Council. The project was heard by the Planning Commission on August 13, 2025, and the PC denied the applicant’s request to relocate the trash collection from Stevens Creek Boulevard to Cecil Avenue. The appeal application was heard by the City Council on October 7, 2025, and Council requested the item be continued to a future date with Mission Trail staff coming to the City Council to provide input.
Neighborhood Complaints:
Staff acknowledges the emails from Mr. Botelho as well as other residents. However, the violation needs to be witnessed by code enforcement personnel. Staff need to be able assess the circumstances that lead to the violation.
Staff has spent many hours with the residents over years regarding complaints for the businesses that back onto Cecil Avenue. Although it may appear as if the complaints are violations, until staff can establish that the violations are verified, staff is limited in issuing notices of violations. In some cases, residents have complained regarding cars parked in alleys, when these alleys are private and owned by the businesses. In some cases, residents have complained about cars parked for weeks, when it has been the city engineer’s vehicle that visits the site to conduct work.
However, staff over the years have been responsive to the residents and provided on-going support to residents.
Code Enforcement Paused:
Because the application is under an appeal, the code enforcement is currently on hold until there is a resolution. It has long been the policy our department to pause additional enforcement action until a decision is made by a Hearing Officer, Judge, Planning Commission, etc. This is also in line with the guidance we receive from the City Attorney’s Office (it’s important to note that enforcement had resumed when Subaru lost its appeal up until they got their reconsideration). Both parties (the residents and the dealership are under the review of the appeal and continue to provide supporting information. However, Council must determine the action based on the evidence provided.
Additional points for consideration are that Council wanted Mission Trail to be present at the hearing, effectually pushing Subaru’s ability to get relief out months. It wouldn’t be good policy to issue fines while withholding the remedy. There is also that the reconsideration was deemed “de novo” by the City Attorney, so it’s effectively being heard as new, and doesn’t rely on previous decisions. Because of that, if staff kept issuing citations during that period, and Subaru were to be granted the amendment, that enforcement would have to be walked back.
In summary, both parties believe they are in the right. Subaru feels that the previous decision made was incorrect, and the fact that Council agreed to reconsideration indicates that there is some merit to that opinion. The residents of Cecil Avenue feel that the Planning Commission and City Council want the trash to continue to be on Stevens Creek Boulevard, even though most businesses have trash collection on Cecil Avenue. At this time, staff is waiting for the appeal direction, prior to taking action based on what Council determines.
Additionally, I have reached out via phone to the Subaru dealership owner to make him aware of on-going complaints from the neighborhood. Code enforcement staff have also reached out to Mr. Botelho and the neighborhood residents to explain the process.
Afshan Hamid
Director| Community Development
1500 Warburton Avenue | Santa Clara, CA 95050
Direct: 408-615-5670 | [email protected]
From: D Botelho <[email protected]>
Sent: Monday, December 8, 2025 1:51 PM
To: Kelly Cox <[email protected]>
Cc: Lesley Xavier <[email protected]>; Manager <[email protected]>; Mayor and Council <[email protected]>; Lisa Gillmor <[email protected]>; Tracie Johnson <[email protected]>; Cliff Moore Neighbor <[email protected]>; Lisa & Moe <[email protected]>; Mark Irving <[email protected]>; Patrick Burns <[email protected]>; Kirk Vartan <[email protected]> Subject: Re: Subaru violating their operating permit
This morning at 10:30AM making personal phone calls out the emergency only door for 15 minutes
Today at 12:01PM taking out the trash out the emergency only door
On Dec 8, 2025, at 12:37 PM, Kelly Cox <[email protected]> wrote:
Thank you Dave,
I am including Chief Morgan who has been assisting me in incidents such as this.
He has been excellent with prompt response, both in correspondence and officers on the ground. I’m happy you brought this to my attention as Subaru has asked for a reconsideration for our decision to not move their garbage pickup location (I am sure you are aware). This documentation gives us opportunity to speak directly to the current practices of this business and hold them accountable from the dais. I expect you will hear from Chief Morgan shortly, but please keep me apprised in the meantime, so I have information to present at council.
Kelly
Get Outlook for iOS
From: D Botelho <[email protected]
>
Sent: Monday, December 8, 2025 11:16:23 AM
To: Kelly Cox <[email protected]
>; Lesley Xavier
<[email protected]>; Manager <[email protected]>; Mayor and Council <[email protected]>; Lisa
Gillmor <[email protected]>
Cc: Tracie Johnson <[email protected]>; Cliff Moore Neighbor <[email protected]>; Lisa & Moe <[email protected]>; Mark Irving <[email protected]>; Patrick Burns <[email protected]>; Kirk Vartan <[email protected]>
Subject: Re: Subaru violating their operating permit
You don't often get email from [email protected]
. Learn why this is
important
City of Santa Clara,
Hope this helps me get my point across.
What I can’t understand is that Michael Olejnik says his team went out there and didn't see any activity of violations ?!?!
These pics were taken over a two week span and have plenty more.
Dave
<IMG_0193.cecil2.jpeg><IMG_0255.jpeg><IMG_0259.jpeg><IMG_0450.jpeg> <IMG_0451.jpeg><IMG_1267 3.jpeg><IMG_1291.jpeg><IMG_2434.jpeg> <IMG_cecil1.jpeg>
On Dec 8, 2025, at 10:44 AM, D Botelho <[email protected]> wrote:
Hello Kelly,
This morning 8AM, Same white Honda Civic parks on Cecil ave and enters through the emergency only gate to enter Subaru to go to work.
This guy has been doing this for weeks now.
Please have the City enforce their operating permit. Sending all of these e-mails is something I shouldn't have to be doing everyday just because the City is failing to enforce with they agreed to.
CECIL AVE is asking for HELP AGAIN. PLEASE!!!!!!!
CLEARLY Subaru NOT being good neighbors
Thank you,
Dave
<IMG_2882.jpeg><IMG_2883.jpeg><IMG_2884.jpeg>
On Dec 4, 2025, at 7:53 PM, Kelly Cox
<[email protected]
> wrote:
Hi all,
Thank you for bringing this to my attention. I will reach out to staff immediately.
Kelly
Get Outlook for iOS
From: Tracie Johnson <[email protected]
>
Sent: Saturday, November 29, 2025 1:26:10 PM
To: Kelly Cox <[email protected]
>; D. Botelho
<[email protected]>; Cliff Moore
Neighbor <[email protected]>
Subject: Fw: Subaru violating their operating permit
Dave,
Kelly Cox is our district six council representative so you should also be working with her.
I also recommend reaching out to Subaru corporate at
this point.
The trash that is everywhere goes against Subaru's
corporate image as an environmentally conscious
company.
Regards,
Tracie
----- Forwarded Message -----
From: D Botelho <[email protected]
>
To: Lesley Xavier <[email protected]>; Manager
<[email protected]>; and Council
Mayor <[email protected]>
Cc: Lisa & Moe <[email protected]>; Mark
Irving <[email protected]>; Cliff Moore
Neighbor <[email protected]>; Patrick Burns
<[email protected]>; Dave Botelho
<[email protected]>; Tracie Johnson
<[email protected]>; Kirk
Vartan <[email protected]>; Lisa
Gillmor <[email protected]>
Sent: Saturday, November 29, 2025 at 11:14:23 AM PST
Subject: Subaru violating their operating permit
Hello City of Santa Clara,
In case there were any issues viewing the videos I sent yesterday (Friday the 28th), I am attaching photos
taken the same day showing the ongoing problems. As
noted in my previous requests, Subaru staff are using
this emergency only door and dragging garbage down our
street with a pallet jack, trash and debris blowing in front of our homes and using the door for bring in car parts and entering for work
Since March 2025 I have submitted emails and multiple
Code Enforcement requests about this same issue
over time and, unfortunately, the problem continues with no resolution.
I am respectfully requesting that the City of Santa Clara please enforce Subaru’s operating permit and
the applicable code requirements so that they live up to their commitments to be good neighbors like they said
when the dealership was approved and built.
A little help from the City of Santa Clara would be greatly appreciated by the residence on Cecil Ave.
Thank you for your time and attention and welcome
anyone to call me if they would like to discuss further or have questions.
Respectfully,
Dave Botelho
408-640-9311
Subaru Employee entering to go to work through the
emergency only door
<Screen Shot 2025-11-29 at 10.25.41 AM.png><Screen
Shot 2025-11-29 at 10.27.53 AM.png><Screen
Shot 2025-11-29 at 10.31.07 AM.png>
Subaru Employee entering dropping off car parts through the emergency only door
<Screen Shot 2025-11-29 at 10.37.19 AM.png><Screen
Shot 2025-11-29 at 10.39.16 AM.png><image003.jpeg>
<IMG_2736.jpeg>