CC Resolution 12646 RESOLUTION NO. 12646
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL AUTHORIZING THE ISSUANCE OF A USED
MOTOR VEHICLE DEALER PERMIT TO CL ASSOCIATES INC.
DBA THE MOTOR CAFE, LOCATED AT 1011 DELL 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 new and
used motorcycles as well as retail parts sales to the public and service
center.
2. Location: The business is operated at one property, located at 1011 Dell
Avenue, Campbell, CA 95008.
3. Zoning: The locations of the business are within the M-1(Light Industrial)
Zoning District. The applicant has secured the necessary land use
entitlements for the retail sale of motorcycles. Specifically, the Planning
Commission approved an Administrative Planned Development Permit
(PLN2019-81) on July 23, 2019 for 1011 Dell Avenue.
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4. Ownership: The applicant is the owner of CL Associates, Inc. dba The
Motor Café.
5. Experience: The applicant has operated the business for over 36 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 CL
Associates, Inc. dba The Motor Café, pursuant to Campbell Municipal Code
Section 5.08.010(12), subject to the following Conditions of Approval:
1. Approved Permit: Approval is granted for a Used Motor Vehicle Dealer
Permit to allow the retail sale of used motorcycles on property located at
1011 Dell Avenue.
City Council Resolution Page 2 of 4
Used Motor Vehicle Dealer Permit— Motor Cafe
1011 Dell 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 PLN2019-81 (Planning Commission
Resolution No. 4519, approved July 23, 2019) except where the
Conditions of Approval contained herein provide a more restrictive or
specific requirement or limitation.
4. Street Parking: Motorcycles for sale or in inventory shall not be
parked, displayed, stored, or otherwise placed on the public street.
5. Employees: There will be thirteen (13) employees of CL Associates, Inc.
dba The Motor Café.
6. Hours of Operation: The hours of operation for the motorcycle sales office
and associated sales activities shall be restricted as follows, exclusive of
the customary and reasonable use of the facilities for administrative activity:
• 9:00 AM —6:00 PM, Tuesday-Saturday
7. Business License: The business owner shall at all times maintain a City of
Campbell Business License.
8. 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).
9. Fingerprint Clearance: The business owner has successfully passed a
background check through Department of Justice fingerprinting system.
10.Sales Office: All sales activity, other than the viewing of motorcycles, shall
take place within the auto sales office.
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.
City Council Resolution Page 3 of 4
Used Motor Vehicle Dealer Permit— Motor Cafe
1011 Dell Avenue
12.Vehicle Advertising: Motorcycles for sale shall only contain the minimum
information necessary as required by the Department of Motor Vehicles.
Motorcycles 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 striped
and maintained in compliance with the approval plans and Chapter 21.28
(Parking and Loading) of the Campbell Municipal Code. All parking and
driveway areas shall be regularly swept and cleaned to remove litter and
debris.
16.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. Such a
determination may also result in revocation of the Administrative Planned
Development Permits (PLN2019-81) pursuant to Campbell Municipal
Code Chapter 21.68 (Revocations and Modifications).
PASSED AND ADOPTED this 6th day of October, 2020, by the following roll call
vote:
AYES: COUNCILMEMBERS: Waterman, Bybee, Resnikoff, Gibbons, Landry
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROfCbaetin ^'
Susan M. Landry, ayor
ATTEST: 41ten ai4dig
Andrea S. •ers, Deputy City Clerk