CC Resolution 12294RESOLUTION NO. 12294
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL AUTHORIZING THE ISSUANCE OF A USED
MOTOR VEHICLE DEALER PERMIT TO LUXE MOTORSPORTS
LLC .ON PROPERTY LOCATED AT 125 EAST SUNNYOAKS
AVENUE, STE, 209A.
WHEREAS, after notification and public hearing, as specified by law and after
presentation by the Police Department, 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 125 E.
Sunnyoaks Avenue, Suite 209A, 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. This location does
have a Conditional Use Permit passed by the Planning Commission April
11, 2017.
4. Ownership: The applicant is the listed as the Manager/Member of Luxe
Motorsports LLC. The only other member is Ajdin Krajnic.
5. Experience: Shelby Waldner has over 17 years' experience in business/
sales. Ajdin Krajnic has over 11 years of automotive experience. He's the
sole owner of Euro Garage located in Campbell.
6. Number of Vehicles: Luxe Motorsports LLC has parking spaces fora .
maximum of two (2) vehicles for sale. Pursuant to the proposal, the
vehicles will be offered for sale by appointment only 9:00 a.m. to 8:00 p.m.
Monday through Sunday.
7. Employees: The only two employees will be the applicant, Shelby
Waldner and Ajdin Krajnic.
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.12294 Page 2 of 3
Approving a Used Motor Vehicle Dealer Permit
125 E. Sunnvoaks Avenue #209A
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Campbell does hereby grant a Used Motor Vehicle Dealer Permit to Luxe
Motorsports LLC, subject to the following conditions:
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 125 E. Sunnyoaks Avenue, Ste. 209A.
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. 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).
3. 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 two employees of Luxe Motorsports LLC.
10. Number of Vehicles for Sales: There will be no more than two (2) vehicles
for sale at any, time.
9. Hours of Operation: The hours of operation for the vehicle sales office and
associated sales activities shall be by appointment only from 9:00 a.m. to
City Council Resolution No.12294 Page 3 of 3
Approving a Used Motor Vehicle Dealer Permit
125 E. Sunnyoaks Avenue #209A
8:00 p.m. Monday through Sunday, exclusive of the customary and
reasonable use of the office for administrative work, which may be
everyday 8:00 a.m. to 10:00 p.m.
11.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.
12. 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.
13. 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.
14. 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.
15. 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 20th day of March, 2018, by the following roll call
vote:
AYES: COUNCILMEMBERS: Gibbons, Landry, Cristina, Waterman, Resnikoff
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN:000NCILMEMBERS: None
APPROVED: ' ~- ~
Paul Resnikoff, Mayor
ATTEST:
Wendy ood, City Clerk