PC 11/12/97 - Laserfiche WebLink

" Gunsmiths are currently permitted in the Regional Commercial Peripheral, Regional Commercial Mall, and Central Commercial districts. Staff is recommending that gunsmiths also be conditionally permitted in the Service Commercial District. Gunsmiths, however, would be prohibited in residential areas for the same safety and locational compatibility concerns as residential firearm dealers. Ms. Perko reported that the proposed ordinance also prohibits the sale of firearms in Public and Institutional Districts which include public buildings, schools, hospitals, churches, airports, fairgrounds, and corporation yards because such sales are incompatible with typical usage. Since the Alameda County Fairgrounds, which is owned by the County, is zoned Public and Institutional, the proposed ordinance would prohibit the sale of firearms at the Fairgrounds. Ms. Perko addressed a Land Use Agreement concerning uses on the Fairgrounds entered into by Pleasanton and the County. Because of this Agreement, staff would not seek to enforce the ordinance at the Fairgrounds. If, however, the County Board of Supervisors elects to prohibit the sale of fIrearms on any County-owned property, staff believes that the ordinance would give the Board the legal authority to do so. The proposed ordinance would conditionally permit fIrearm sales at rifle and pistol ranges, which are conditional uses in the Agricultural District and the Rock, Sand and Gravel Extraction District. Ms. Perko further reported that currently fIrearm dealers operate in residential, office, and commercial districts and on certain properties zoned PUD. If this ordinance is adopted, all current fIrearm dealers would become non-conforming because they will either require a conditional use permit, a PUD modifIcation/conditional use permit, or will be prohibited. Staff has, therefore, recommended a one-year grace period for all non-conforming firearm dealers to obtain applicable permits. In summary, Ms. Perko stated that this proposed ordinance addresses concerns for public safety while, at the same time, conditionally permitting fIrearm sales in appropriately zoned districts. Staff is recommending that the Planning Commission adopt a resolution recommending approval of Case RZ-97-6 to the City Council, as outlined in Exhibit A. Commissioner Kumaran questioned the difference between exempt and non-exempt. Mr. Iserson informed him that an exempt status is much more stringent and that it would not allow fIrearm dealers to serve customers or store merchandise in their homes. In a non-exempt home business, some customers and materials storage are allowed in the home. He also pointed out that neighbors would be notified of any non-exempt home business in the neighborhood. Mr. Iserson further stated that all of the current FFL dealers who work from their homes have claimed they fall under the exempt category. Commissioner Barker asked how an exempt FFL dealer would transfer a fIrearm if customers are not allowed in their home. Ms. Iserson stated that he believed the actual transfer occurred at another location. Planning Commission Minutes Page 6 November 12, 1997