CC Resolution 12221RESOLUTION NO. 12221
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL AUTHORIZING THE ISSUANCE OF A USED
MOTOR VEHICLE DEALER PERMIT TO AUTOFIRST LEASING,
INC. DBA ROADSPORT, LOCATED AT 116 AND 20-28 RAILWAY
AVENUE.
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 business is operated at two properties, located at 116 and
20-28 Railway Avenue, Campbell, CA 95008.
3. Zoning: The locations of the business are within the P-D (Planned
Development) Zoning District. The applicant has secured the necessary
land use entitlements for the retail sale of motor vehicles for both
locations. Specifically, the Planning Commission approved an
Administrative Planned Development Permit (PLN2006-87) on August 8,
2006 for 20-28 Railway Avenue; and on May 14, 2013, the Community
Development Director approved an Administrative Planned Development
Permit (PLN2013-105) for 116 Railway Avenue.
4. Ownership: The applicant is the owner of Autofirst Leasing, Inc. dba
Roadsport.
5. Experience: The applicant has operated the business for over 10 years.
6. 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 Motor Vehicle Dealer Permit to Autofirst
Leasing, Inc. dba Roadsport, pursuant to Campbell Municipal Code Section
5.08.010(12), subject to the following Conditions of Approval:
City Council Resolution Page 2 of 4
Used Motor Vehicle Dealer Permit - Roadsport
116 and 20-28 Railway Avenue
1. Approved Permit: Approval is granted for a Used Motor Vehicle Dealer
Permit to allow the retail sale of used motor vehicles on property located
at 116 and 20-28 Railway Avenue.
2. 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. A change in business ownership shall require
approval of a new Used Motor Vehicle Dealer Permit:
3. Compliance with Conditions: The business at all times shall remain in
compliance with the Conditions of Approval imposed by Administrative
Planned Development Permit PLN2006-87 (Planning Commission
Resolution No. 3741, approved August 8, 2006) and PLN2013-105
(Administrative Decision, approved May 14, 2013), except where the
Conditions of Approval contained herein provide a more restrictive or
specific requirement or limitation.
4. Street Parking: Vehicles for sale or in inventory shall not be parked,
displayed, stored, or otherwise placed on the public street.
5. Vehicle Inventory: If the inventory associated with the motor vehicle sale
business is not being maintained on the respective properties, the
Community Development Director may impose a numeric restriction on
the number of vehicles that may be kept in inventory and/or require the
applicant to secure, and provide evidence of, an appropriate off-site facility
to store excess inventory.
6. Customer/Employee Parking: Both business locations shall maintain
sufficient customer and employee parking consistent with the
Administrative Planned Development Permit approvals (PLN2006-87 and
PLN2013-105). This shall specifically mean that the four parking stalls
(three standard and one accessible) depicted on the "red-lined" Site Plan
approved by Building Permit No. BLD2013-00634, and included as
Exhibit A, for the 116 Railway Avenue location, shall be reserved for
customer and employee parking.
7. Employees: There number of employee shall be limited to two (2) at the
116 Railway Avenue location. The number of employees and customers,
combined, shall be limited to seven (7) people for the 20-28 Railway
Avenue location.
8. Hours of Operation: The hours of operation for the vehicle sales office and
associated sales activities shall be restricted as follows, exclusive of the
customary and reasonable use of the facilities for administrative activity:
0 20-28 Railway Avenue: 6:00 AM -11:00 PM, daily
City Council Resolution Page 3 of 4
Used Motor Vehicle Dealer Permit - Roadsport
116 and 20-28 Railwav Avenue
• 116 Railway Avenue: 10:00 AM - 6:00 PM, daily
9. 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 b.y the City Council. Such a
determination may also result in revocation of the Administrative Planned
Development Permits (PLN2006-87 and PLN2013-105) pursuant to
Campbell Municipal Code Chapter 21.68 (Revocations and Modifications).
10. Business License: The business owner shall at all times maintain a City of
Campbell Business License.
11. 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).
12. Fingerprint Clearance: The business owner shall successfully pass a
background check through Department of Justice fingerprinting system.
13. No Additional Uses: Other than the approved motor vehicle sales
business, no additional business activity shall be introduced on-site
without approval of the necessary land use permit.
14. Sales Office: All sales activity, other than the viewing of automobiles, shall
take place within the auto sales office.
15.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.
16.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.
17. 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.
18. 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
City Council Resolution Page 4 of 4
Used Motor Vehicle Dealer Permit - Roadsport
116 and 20-28 Railway Avenue
person of normal hearing capacity from any residential property. Public
address systems of all types are strictly prohibited.
19. 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 5th day of September, 2017, by the following roll
call vote:
AYES: COUNCILMEMBERS: Waterman, Cristina, Landry, Resnikoff, Gibbons
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
ATTEST:
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