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CC Resolution 12096RESOLUTION N0.12096 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE ISSUANCE OF A USED MOTOR VEHICLE DEALER PERMIT TO REW AUTO SALES, LLC ON PROPERTY LOCATED AT 60 EAST SUNNYOAKS AVENUE, STE. 1. WHEREAS, after notification and public hearing, as specified by law and after presentation by the Police Chief, proponents and opponents, the hearing was closed. After due consideration of all the evidence presented, the City Council does find as follows: 1. Business: The proposed business will involve the retail sale of motor vehicles to the public. 2. Location: The proposed business would be operated at 60 E Sunnyoaks Avenue, Suite 1, Campbell, CA 95008. 3. Zoning: The location of the proposed business is within the M-1 (Light Industrial) Zoning District, wherein a motor vehicle dealer (new and/or used) requires approval of a Conditional Use Permit. However, the Community Development Department has determined that the proposed business is a continuation of an existing non-conforming land use for lack of a Conditional Use Permit and may continue to the extent that it previously existed pursuant to Campbell Municipal Code Section 21.58.040.G (Nonconforming Due to Lack of Conditional Use Permit). 4. Ownership: The applicant is the listed manager of Revv Auto Sales, LLC. 5. Experience: The applicant previously worked at Caspian Motors from May 2009 -June 2016. 6. Number of Vehicles: Rew Auto Sales has parking spaces for a maximum of 24 vehicles for sale. The vehicles are protected by chained driveways during off hours. Pursuant to the proposal, the vehicles will be offered for sale 9:00 AM to 6:00 PM Monday through Sunday. 7. Employees: The only employee will be the manager of the LLC, Farukh Mamedov. 8. 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. City Council Resolution No.12096 Page 2 of 3 Approving a Used Motor Vehicle Dealer Permit 60 E. Sunnvoaks Ave. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell does hereby grant a Used Motor Vehicle Dealer Permit to Revv Auto Sales, LLC, subject to the following conditions: Approved Permit: Approval is granted for a Used Motor Vehicle Dealer Permit to allow the retail sale of used motor vehicles on property located at60 E Sunnyoaks Avenue, Ste. 1. Approval Expiration: Approval of the Used Motor Vehicle Dealer Permit is valid in perpetuity, subject to continued compliance with the Conditions of Approval contained herein. Discontinuation of the business for a continuous period of twelve months, as evidenced by the cessation of motor vehicles sales by the business owner, shall constitute abandonment of the non-conforming use pursuant to Campbell Municipal Code Section 21.58.040.E (Discontinued Use). Revocation of Permit: Operation of the business in violation of the Used Motor Vehicle Dealer Permit or any standards, codes, or ordinances of the City of Campbell, shall constitute a public nuisance pursuant to Campbell Municipal Code Section 6.10.020(6), which shall be grounds for revocation of the Used Motor Vehicle Dealer Permit by the City Council. 4. Business License: The business owner shall at all times maintain a City of Campbell Business License. 5. DMV Dealer License: The business owner shall at all times maintain in good standing a Vehicle Dealer License from the California Department of Motor Vehicles (DMV). 6. Fingerprint Clearance: The business owner shall successfully pass a background check through Department of Justice fingerprinting system. 7. No Additional Uses: Other than the approved motor vehicle sales business, no additional business activity shall be introduced on-site without approval of a Conditional Use Permit by the Planning Commission. 8. Sales Office: All sales activity, other than the viewing of automobiles, shall take place within the auto sales office. 9. Employees: There will be one employee of Revv Auto Sales LLC. 10. Number of Vehicles for Sales: There will be no more than twenty four (24) vehicles for sale at any time. City Council Resolution No.12096 Page 3 of 3 Approving a Used Motor Vehicle Dealer Permit 60 E. Sunnvoaks Ave. 11. Hours of Operation: The hours of operation for the vehicle sales office and associated sales activities shall be 9:00 AM to 6:00 PM Monday through Sunday, exclusive of the customary and reasonable use of the office for administrative work, which may be everyday 8:00 AM to 10:00 PM. 12.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. All permanent signage shall comply with the provisions of the Campbell Municipal Code. 13.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. 14. 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. 15. 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. 16. Parking and Driveways: All parking and driveway areas shall be maintained in compliance with the standards in Chapter 21.28 (Parking and Loading) of the Campbell Municipal Code. PASSED AND ADOPTED this 12th day of December, 2016, by the following roll call vote: AYES: COUNCILMEMBERS: Kotowski, Resnikoff, Cristina, Gibbons, Baker NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None APPROVED: ~- /~- ~- J on T. Baker, Mayor ATTEST: + Wendy od, City Clerk