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CC Resolution 11733RESOLUTION NO. 11733 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE ISSUANCE OF A USED CAR DEALER PERMIT TO EMPIRE PRE-OWNED, INC LOCATED AT _ 125 E SUNNYOAKS AVENUE, SUITE 111, CAMPBELL CA 95008 WHEREAS, after notification and public hearing and presentation by the Police Department, after due consideratiori of all the evidence presented, the City Council does fihd as follows: 1. Business: The business will involve the retail sale of. used cars to the public; '2. Location: The proposed used car sales operation would be operated at Suite 111 of 125 E. Sunnyoaks Avenue; 3. Ownership: The applicant was incorporated on May 30, 2014. Masha Manavi serves as the CEO and CFO of Empire Pre-Owned and operates the business with Arash Arasteh; 4. Experience: Arash Arasteh has been in the automobile industry since June 2011. From June 2011, Arash Arasteh owned the Night Star Gas Station in Milpitas until April 2012, when he sold the business. From January 2013 to September 2014, Arash Arasteh worked for Capital Pre- owned Inc in Santa Clara as a salesperson; 5. Number of Vehicles: The proposal provides that no more than two cars that are for sale will be on the premises aYany one time. Pursuant to the proposal, the vehicles will be offered for sale from 9:00 a.m. to 5:00 p.m. Monday through Friday and by appointment only on Saturday and Sunday; 6. Emoloyees: The only two employees on site would be Arash Arasteh and Masha Manavi; 7. Background Review: A background check through the Department of Justice revealed that there is no information prohibiting the applicant from operating a used car dealership. WHEREAS, based on the foregoing findings, the City Council further finds and concludes that, subject to the Conditions of Approval, there is no evidence that the activity applied for or the location thereof will create a public nuisance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does hereby grant a Used Car Dealer permit to Empire Pre-Owned Inc, subject to the following conditions: Approval Expiration: Retail sales of automobiles shall be valid in perpetuity, subject to good standing and annual business license renewal; 2. Fingerprint Clearance: The approval is contingent upon the applicant's fingerprints clearing through the Department of Justice; No Additional Uses: Other than the approved retail auto sales business, no additional business activity shall be introduced on-site. 4. Sales Office: All sales activity, other than the viewing of automobiles, shall take place within the auto sales office. 5. Employees: There will be two employees of Empire Pre-Owned, Inc. 6. Number of Vehicles forSales: At no time shall there be more than two vehicles on sale at the same time. 7. Hours of Operation: The hours of operation for the vehicle sales office and associated sales activities shall be 9:00 a.m. to 5:00 p.m. Monday through Friday and by appointment only, Saturday and Sunday, exclusive of the customary and reasonable use of the office for administrative work, which may be everyday 8:00 am - 10:00 pm. On-Site Advertising: There shall be no form of temporary on-site advertising associated with the retail auto sales business, including but not limited to, flags, strobe lights, banners, A-frames, and human signs advertising. 9. Vehicle Advertising: Vehicles for sale shall only contain the minimum information necessary as required by the Department of Motor Vehicles. Vehicles shall not be advertised with painted letters or numbers, streamers, flags, or similar attention grabbing contrivances. 10. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. 11. Revocation of Permit: Operation of the use in violation of the Administrative Planned Development Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation of the Administrative Planned Development Permit by the Community Development Director. 12. Noise Standard: Any noises, sounds and/or voices, including but not limited to amplified sounds, loud speakers, sounds from audio sound systems, and/or music, generated by the subject shall not be audible to a person of normal hearing capacity from any residential property. Public address systems of all types are strictly prohibited. 13. Parking and Driveways: Except as otherwise allowed by Condition of Approval No. 8, all parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking & Loading) of the Campbell Municipal Code. 14. The business shall be operated in a manner consistent with the findings set forth above. PASSED AND ADOPTED THE 21st day of October, 2014, by the following roll call vote: AYES: COUnCIlmemberS: ,raker, Low, Kotowski, Cristina, Waterman NOES: Councilmembers: None Absent: Councilmembers: None APPROVED: r~ Richa M. Waterman, Mayor ATTE Anne Bybee, City Clerk