PC 11/12/97 - Laserfiche WebLink

" dealing with police permits or "Saturday Night Specials." She stated that currently the City has no express zoning regulations regarding the location of firearm sales and that the proposed ordinance establishes specific zoning regulations for firearm sales. The ordinance will prohibit the sale of firearms in residential and other districts and will require conditional use permits in other districts. She noted that the Planning Commission reviews applications for conditional use permits and, therefore, under the proposed ordinance, would have the authority to deny a permit to a firearm dealer based on safety and locational compatibility considerations. She further stated that the proposed ordinance is premised on locational compatibility of firearms sales with the existing and intended uses of certain zoning districts and that municipalities have the power to regulate and even prohibit uses that are determined to be incompatible. She believes that if the proposed ordinance were adopted, it would withstand legal challenge, citing a recent California case where such an ordinance was upheld. Ms. Perko reported that the proposed ordinance would prohibit firearm sales in residential, Office, and Public and Institutional Districts. However, it would conditionally permit firearm sales in certain commercial districts. Ms. Perko noted that six Pleasanton residents currently hold federal firearm licenses (hereafter FFL) and operate from their homes. One is the process of dissolving its business. These firearm dealers have generally been handled as exempt home occupations since all materials and supplies are delivered to or picked up from the residence by the permittee, and purportedly no customers come to the permittee's home. Currently, none of the current FFL dealers hold non- exempt home occupation permits. The proposed ordinance expressly prohibits the sales of firearms as a home occupation, exempt or non-exempt. Ms. Perko stated that there are several reasons why firearm sales should be prohibited in residential districts, including an increased risk of theft to residential dealers. Additionally, some residents have expressed concerns that they do not feel safe having firearm dealerships in their neighborhoods. Parents may wish to steer their children away from homes where firearms are stored. Furthermore, some residents believe that this activity is not appropriate in a residential neighborhood. The ordinance would also conditionally permit firearms sales in the Industrial Park, General Industrial District, and Light Industrial District if no more than ten firearms are stored on site at anyone time and if the majority of the firearms are sold through catalogs, mail orders, or at trade shows. Staff feels that these industrial areas provide the current home dealers with a place to relocate and continue to operate their business; by eliminating the 2,000 square foot minimum office size requirements, firearm dealers could find affordable locations to operate. This revision will also permit other small scale offices, in addition to firearm dealerships that store fewer than ten firearms, to locate in the district. Planning Commission Minutes Page 5 November 12, 1997