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CC Resolution 11771RESOLUTION NO 11771 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE ISSUANCE OF A USED CAR DEALER PERMIT TO A&M AUTO SALES LOCATED AT 1550 S WINCHESTER BLVD #112, CAMPBELL CA 95008 WHEREAS after notification and public hearing and presentation by the Police Department, after due consideration of all the evidence presented, the City Council does find 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 112 of 1550 S Winchester Blvd Campbell, CA 95008 3. Ownership. The applicant is the sole owner of A&M Auto Sales since August 2013; 4 Experience. The applicant has been the owner of A&M Auto Sales since August 2013 Prior to that he worked in sales at Fry's Electronics• 5 Number of Vehicles. The business will not have any vehicles parked at the location. All of the vehicles will be stored offsite in San Jose. The cars will be advertised on Craigslist and will be sold by appointment only 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 1000 am to 4.00 pm Saturday and Sunday All sales will be by appointment only 6 Employees. The only employee wilt be the owner Ashkan Toofan 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 A&M Auto Sales, subject to the following conditions. 1 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 3 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 one employee of A&M Auto Sales. 6 Number of Vehicles for Sales. At no time shall there be any vehicles parked at the business for sale unless as a result of an appointment. 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 Saturday and Sunday from 1000 am to 4'00 pm and all sales by appointment only exclusive of the customary and reasonable use of the office for administrative work, which may be everyday 8'00 am - 1000 pm 8 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 3rd day of February 2015 by the following roll call vote. AYES Councilmembers: xotowski Resnikoff Gibbons Baker Cristina NOES Councilmembers. None None Absent: Councilmembers. ATTEST ~~~~~~ Anne Bybee, City Clerk