HomeMy WebLinkAbout6.3 FirearmsOrdinance
. "
~ '
CITY CLERK
File # rtilfSlfill5l-filrol
.
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 15, 1996
SUBJECT:
P A 96-032 City of Dublin Firearms Ordinance
(Report Prepared by Tasha Huston).;)H
EXHIB.TS ATTACHED:
Exhibit I: Resolution approving Negative Dedaration
Exhibit 2: Ordinance regulating firearms sales
BACKGROUND
ATTACHMENT:
Minutes and Minute Order from September 24, 1996 Planning
Commission meeting
RECOMMENDATION: A. Receive staff report
~ .B. Open public hearing
C. Receive public testimony
D. Close public hearing and deliberate
E. Adopt Resolution (Exhibit I) approving Negative Declaration,
and introduce Ordinance (Exhibit 2iregulating firearms sales in
residential areas of the City, and,schedule second reading for the
November 4, 1996 City Council meeting.
eINANCIAL STATEMENT:
The costs of processing a Conditional UsePennit and issuing a
pennit would theoretically be covered by applicable fees. '
DESCRIPTION:
The proposed Ordinance would require that firearms dealers wishing to locate a business in a
residential area of Dublin must obtain a Conditional Use Permit (in additiont(),other applicable
Federal, State, and City licenses). The purpose ofthi-s requirement is to provide notice to
surrounding property owners when new dealers propose to locate a firearm sales business in a
residential neighborhood.
Existing firearms sales in residential areas are not affected by the proposed Ord'inance, and firearms
dealers may continue to operate, as long as they have obtained the ,currently required licenses and
permits, and remain consistent with existing pennit requirements. Firearms sales in non-residential
areas would not be affected by the new Ordinance.
BACKGROUND
At its August 13, 1996 meeting, the City Council reviewed a draft Ordinance requiring fireaITns sales in
, residential di~tricts to obtain a Conditional Use Pennit After discussion, the Council directed that the
: .." ' -................_.;..-----_............_------------------~,----------....--_...._................-....-------
, , COPIES TO: ,In-house distribution
ITEM NO. ,~ j
H/cc.forms/agdastmt.doc
(?
Ordinance be scheduled for review by the Planning Commission, and considered for an amendment to the
Zoning Ordinance. The draft Ordinance is enclosed as Exhibit 2 to the Staff Report.
This draft was reviewed by the Planning Commission at its September 24, 1996 meeting. After a public
hearing, members of the Commission expressed concerns with the enforceability of the proposed
Ordinance, and pointed out the thoroughness of the existing Federal and State requirements which
regulate firearms sales (see Attachment A, Minutes from the September 24, 1996 Planning Commission
meeting). After deliberating, the Planning Commission unanimously voted to take no action on the
proposed Ordinance. The Ordinance has therefore been scheduled for City Council consideration, with no
recommendation by the Planning Commission.
.'
DRAFT ORDINANCE
The proposed Ordinance includes three main components:
1. A definition of Firearm Sales
2. A listing of the uses which are considered Conditional Uses requiring Planning Commission
approval, for each residential district, with Firearm Sales added to each list.
3. A clause intended to "grandfather" existing Firearms Sales businesses in the City.
The Ordinance would not apply to existing dealers who have obtained the currently required licenses
and pennits.
ORDINANCE ADMINISTRATION
'.
The Ordinance will be implemented when the City receives a request for a firearm sales business to
locate in a part of the City zoned for residential use. The requirement for a Conditional Use Pennit would
be in addition to other applicable City requirements (i.e. Business License) and State and Federal
requirements. The additional permit required by this Ordinance involves a $50 permit fee, and a 4 to 6
week processing period. Because firearms sales in non-residential areas would not be subject to the
new Ordinance, and existing firearms sales businesses in residential areas are not affected by the new
Ordinance (as long as they have obtainedthe.currently required licenses and permits), the time and
costs associated with administration of this new regulation is not expected to be significant.
ENVIRONMENTAL REVIEW
The Ordinance has been reviewed in accordance with the California Environmental Quality Act (CEQA)
and the State CEQA Guidelines. An Initial Study was completed on August 30, 1996, and a Negative
Declaration has been prepared since the Ordinance will not have a significant impact on the environment.
RECOMMENDATION
Staff believes that the proposed Ordinance is consistent with the General Plan and would achieve the
objective of pt;oviding notice to a neighborhood of a proposed firearm dealer business. Staff
recommends' that the City Council consider the information presented, adopt the attached Resolution .
approving the Negative Declaration (Exhibit 1), and introduce the Ordinance (Exhibit 2) regulating
firearms sales in residential areas of the City, and schedule second reading for the November 4, 1996 City
Council meeting or give staff direction and continue the matter.
g:\pa#\ 1996\pa96032\ccsr1096.
.",:'
.,-:
.' -,"
.,;
. '
. '
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
--------..------------------------------------
----------------------
ADOPTING A NEGATIVE DECLARATION FOR AN ORDINANCE
TO REQUIRE A CONDITIONAL USE PERMIT FOR
FIREARMS SALES IN RESIDENTIAL AREAS
WHEREAS, at the request of the City Council, the City of Dublin staff has prepared an Ordinance to require a
Conditional Use Permit for Firearms Sales in residential areas (referred to herein as the "Firearms Ordinance"); and
WHEREAS, the Firearms Ordinance has been reviewed in accordance with the provisions of the California
Environmental Quality Act; and
WHEREAS, a Negative Declaration was prepared for the project, as it has been determined that there will be no
significant envirorunental impacts resulting from the project; and
WHEREAS, notice of preparation of the Negative Declaration was published in the local newspaper and posted
in public buildings to provide for a 21 day public review period in accordance with the City of Dublin Environmental
Guidelines and the California Environmental Quality Act (CEQA); and
WHEREAS, the City Council held a public hearing on said draft Ordinance on October 15, 1996, for which
proper notice was given in accordance with California State Law; and
WHEREAS, a staff report was submitted recommending the City Council approve the Negative Declaration and
adopt the proposed Fireams Ordinance; and
WHEREAS, the City Council, at its October 15, 1996 meeting considered all written and oral testimony
submitted at the public hearing.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby adopt a Negative Declaration,
for the Firearms Ordinance (Ordinance attached as Exhibit 2 to the Staff Report).
PASSED, APPROVED AND ADOPTED THIS 15th day of October, 1996.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
EXHIBIT 1
City Clerk
g:\pa#\1996\pa96032\ccreso.doc
ORDINANCE NO. - 96
.".
--.."
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING
THE DUBLIN ZONING ORDINANCE TO REQUIRE A
CONDITIONAL USE PERMIT FOR FIREARMS DEALERS
IN RESIDENTIAL AREAS
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 8-20.16.15 is added to the Dublin Zoning Ordinance to read as follows:
8-20.16.15 FIREARM SALES. Fireann sales means the sale, transfer, lease, offer or
advertising for sale, transfer of lease of a fireann (including a gun, pistol, rifle, revolver. air
rifle, air gun, b-b gun and any other instrument which projects a bullet by means of air or
explosive substance likely bodily hann) or fire ann ammunition or fire ann ammunition
component, including any cartridge or encasement, bullet or projectile, primer or propellant or
explosive material used in the manufacture of ammunition."
SECTION 2. Section 8-26.3 of the Dublin Zoning Ordinance is amended to read as follows:
"8.26.3 CONDITIONAL USES: R-1 DISTRICTS. In addition to the uses listed in Section 8- .
60 and 8-61.0, the following are Conditional Uses in R-l Districts, and shall be permitted only:'
if approved by the Planning Commission or Zoning Administrator, as provided in Section 8-
94.0 and 8-94.1:
A. CONDITIONAL USES REQUIRING PLANNING COMMISSION APPROVAL:
1. Fireann Sales
B. CONDITIONAL USES REQUIRING ZONING ADMINISTRATOR APPROVAL:
1. Community Facility;
2. Community Clubhouse;
3. Parking Lot, only when established to fulfill the residential parking requirements
of this Chapter for a use on an abutting Lot or Lots;
4. Plant nursery or greenhouse used only for the cultivation and wholesale of plant
materials;
5. Medical or Residential Care Facility."
SECTION 3. Section 8-27.2 of the Dublin Zoning Ordinance is amended to read as follows:
"8.27.2 CONDITIONAL USES: R-2 DISTRICTS. In addition to the uses listed in Sections 8-
60.60 and 8-61.0, the following are Conditional Uses in R-2 Districts, and shall be permitted
only if approved by the Planning Commission or Zoning Administrator as provided in Section
8-94.0 and 8-94.1:
.::.
EXHIBIT 2
J..
.:
A.
CONDITIONAL USES REQUIRING PLANNING COMMISSION APPROVAL:
1. Firearm Sales
B. CONDITIONAL USES REQUIRING ZONING ADMINISTRATOR APPROVAL:
1. Community Facility
2. Community Clubhouse
3. Parking Lot, subject to the same limitations as in Section 8.26.3(c);
4. Plant nursery or greenhouse used only for the cultivation and wholesale of plant
materials;
5. Medical or Residential Care Facility;
6. One Dwelling or a Dwelling Group containing altogether not more than three (3)
Dwelling Units, where the Lot has an area not less than seven thousand five
hundred (7,500) square feet."
SECTION 4. Section 8-28.3 of the Dublin Zoning Ordinance is amended to read as follows:
e;:
"8.28.3 CONDITIONAL USES: R-S DISTRICTS. In addition to the uses listed in Sections 8-
60.60 and 8-60.0, the following are Conditional Uses in R-S Districts, and shall be permitted
only if approved by the Planning Commission or Zoning Administrator as provided in Section
8-94.0 and 8-94.1:
A. CONDITIONAL USES REQUIRING PLANNING COMMISSION APPROVAL:
1. Firearm Sales
B. CONDITIONAL USES REQUIRING ZONING ADMINISTRATOR APPROVAL:
1. Community Facility;
2. Community Clubhouse;
3. Parking Lot, as regulated in Section 8-26.3(c);;
4. Plant nursery or greenhouse used only for the cultivation of plant materials;
5. Medical or Residential Care Facility;
6. Hospital in Districts requiring not more than fifteen hundred (1,500) square feet
of Building Site area per Dwelling Unit;
7. Mobile home parks, as regulated by Article 5 of this Chapter."
SECTION 5. Section 8-29.2 of the Dublin Zoning Ordinance is amended to read as follows:
.:.
"8.29.2 CONDITIONAL USES: R-3 DISTRICTS. In addition to the uses listed for Sections
8-60.60 and 8-61.0, the following are Conditional Uses in R-3 Districts, and shall be permitted
only if approved by the Planning Commission or Zoning Administrator as provided in Section
8-94.0 and 8-94.1:
2
?J
A.
CONDITIONAL USES REQUIRING PLANNING COMMISSION APPROVAL:
.~:
1. Firearm Sales
B. CONDITIONAL USES REQUIRING ZONING ADMINISTRATOR APPROVAL:
1. Community Facility;
2. Conununity Clubhouse;
3. Hospital;
4. Medical or Residential Care Facility;
5. Plant nursery or greenhouse used only for the cultivation of plant materials;
6.. Parking Lot as regulated in Section 8-26.3(c)."
SECTION 6. Section 8-30.2 of the Dublin Zoning Ordinance is amended to read as follows:
"8.30.2 CONDITIONAL USES: R-4 DISTRICTS. In addition to the uses listed for Section 8-
60.60 and 8-61.0, the following are Conditional Uses in an R-4 District, and shall be pennitted
only if approved by the Planning Commission or Zoning Administrator as provided in Section
8-94.0 and 8-94.1:
A.
CONDITIONAL USES REQUIRING PLANNING COMMISSION APPROVAL:
1. Firearm Sales
e:-
B. CONDITIONAL USES REQUIRING ZONING ADMINISTRATOR APPROVAL:
1. Conununity Facility;
2. Parking lot, as regulated in Section 8-26.3(c);
3. Clubhouse;
4. Medical or Residential Care Facility;
5. Hospital;
6. Boarding House."
SECTION 7.
The provision of Sections 1 to 6 of this ordinance shall not be applicable to any person engaged
in the business of firearm sales who, on the effective date of this ordinance, possesses the
following valid license and pennits (1) a valid federal firearms license issued by the Bureau of
Alcohol, Tobacco and Firearms, (2) a valid seller's permit issued by the State Board of
Equalization, (3) a certificate of eligibility issued by the State Department of Justice (4) proof
of recordation in a centralized list maintained by the State Department of Justice, and (5) a City
of Dublin business license that states on its face "Valid for Retail Sales of Firearms". e.
~
3
SECTION 8. Posting
.
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3)
public places in the City of Dublin in accordance with Section 36933 of the Government Code
of the State of California.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this 4th
day of November, 1996, by vote as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
. ATTEST:
CITY CLERK
g:\pa#\ 1996\pa96032\ord.doc
.
'6
4
~' Of Dt'h ,
:\, ~ J.J/ :--.,
~" ~ "./'1 '.
'- ~ \-"\
,'f1!,'~I~\\W C D
:1?:~ ~i'52) ITY OF UBLIN
~_.~~~,,' ~~~ !/j-----------
~'C1.?[F,IQ:::f..:,..':,il Po. Box 2340, Dublin, California 94568
-~
.
City Offices, 100 Civic Plaza, Dublin, California 94.
CITY OF DUBLIN
MINUTE ORDER
The following action was taken by the Planning Commission on: September 24, 1996
ITEM NO. 8.4
PA 96-032 City of Dublin Firearms Ordinance. The City Council has
directed that an Ordinance be prepared to require that new fireanns dealers
proposing to locate a business in a residential area must obtain a
Conditional Use Permit (in addition to other applicable Federal, State, and
City licenses). The purpose of this requirement is to provide notice to
surrounding property owners when new dealers propose to locate in a
residential neighborhood.
On motion by Cm. Zika, seconded by Cm. Lockhart and with a vote of 5-0, the Planning
Commission unanimously voted to take no action and make no recommendation to City Council
for P A96-032 City of Dublin Firearms Ordinance.
Motion:
Second:
Commission Zika
Commission Lockhart
.
Ayes:
Noes:
Absent:
Cm. Jennings, Lockhart, Geist, Johnson and Zika
None
None
I CERTIFY THAT THE FOREGOING IS A
CORRECT COPY OF A MINUTE ORDER
ADOPTED BY THE PLANNING COMMISSION
OF THE CITY OF DUBLIN,
BY:
~
ARY
.
&
#{lrninilltg~tar99t'6pi96{J31f6f3li1!lrd" City Council (5' 0) 833.6605 . Finance (510) 833.6640 . Building Inspection (51 0) 833.6620
Code Enforcement (510) 833-6620 . Engineering (510) 833-6530 . Parks & Community Service (510) 833-6645
Police (510) 833-6670 . Public Works (5101833.6630 . Planning (51018336610
.
.'-.
e::.
7
OOOO&~V
. .
8.4
PA 96-032 _ City of Dublin Firearms Ordinance. The City Council has directed that an Ordinance be
prepared to require that new firearms dealers proposing to locate a business in a residential area must
obtain a Conditional Use Permit (in addition to other applicable Federal, State, and City licenses).
The purpose of this requirement is to provide notice to surrounding property owners when new
dealers propose to locate in a residential neighborhood.
Cm. Jennings asked for the staff report.
Tasha Huston, Associate Planner, presented the staff report. She gave a brief outline of the project and stated staff
recommends approval of the Negative Declaration and a recommendation of support for the ordinance to the City
Council. She stated that the existing firearm dealers in the City would not be affected by the new ordinance. There
is a clause proposed in it that would grandfather those dealers into the new ordinance. They may continue to
operate as long as they have obtained the currently required licenses and remain in compliance with the City's
policies and regulations. The ordinance has been prepared at the direction of the City Council who reviewed a draft
of the ordinance at the August 13, 1996 meeting. The ordinance will be implemented when the City receives a
request from a firearm dealer to locate in a residential district.
Cm. Lockhart asked if the other government agencies do not notify the surrounding property owners. Just as a
notification to the people.
Ms. Huston stated that to her understanding that was correct
Cm. Johnson asked how many existing firearm dealers are in residential areas in the City.
Ms. Huston stated that she believes there are eight people in the City who have dealers licenses but only one person
in a residential area that has a business. This current list was put out by the ATF.
Cm. Johnson asked if our current rules require them to register in the City.
Ms. Huston stated yes and they have registered.
Cm. Johnson asked if we only have one gun shop in the City.
Ms. Huston said yes.
Cm. Zika asked if the person in the residential area was a gunsmith only.
Ms. Huston said yes.
Cm. Zika asked ifhe only repairs guns.
Ms. Huston said that is what the home occupation regulation considers to be appropriate. The ordinance includes
gunsmith as one of the businesses appropriate as a residential business.
Ms. Silver stated the individual spoke at a City Council meeting and he indicated he owns and sells guns from his
home. He would come under the defmition of firearm sales.
Cm. Zika asked ifhe didn't get grandfathered in, would he have to get a $50 permit
Ms. Silver stated yes. She stated that there are other people listed with A TF as having federal licenses but do not
have a City Business License. Under the proposed ordinance the only people who will be grandfathered in will be
the people who have a valid federal firearm license, a sellers permit from the State Board of Equalization, a
certificate of eligibility from the State Deparnnent of Justice, proof that they are recorded in a centralized list
Regular Meeting
i
85
September 24. 1996
rID 00 ill. ~ U
maintained by the State Department of Justice and a City Business License. These are all required to legally
operate.
....-
Cm. Zika asked if the one gunsmith in the residential area has all of the requirements.
Ms. Huston said he has been issued a business license, which is under the home occupation regulations, which
allows gunsmithing.
Cm. Geist asked if the other people with dealer licenses would not be grandfathered in because they don't have a
business license.
Ms. Silver stated that was correct.
Cm. Zika stated that seemed unfair.
Planning Commission deliberated and had some conversation on what is fair.
Ms. Silver stated this is just an amendment to the Zoning Ordinance to require a Conditional Use Permit. It has
nothing to do with licensing.
Cm. Johnson asked would it be appropriate to advise the people that they need a business license.
Ms. Silver stated we do not not know if they have all the other required permits. She stated that a list comes out for
Alcohol Tobacco and Fireanns that lists eight people in Dublin as having federal licenses. The City has not checked
to see if all the people have the required state licenses and pennits or a business license. It is the obligation of the
person wishing to engage in business in Dublin to obtain a business license.
.
. . -',
Cm. Zika said the purpose of this was to get people to get a Conditional Use Penn it to engage in sales of weapons.
Ms. Silver stated yes, it was discussed at the City Council meeting and their concern was that someone could be
operating out of their home and not notify the City or the adjacent property owners.
Cm. Zika asked if there were any other requirements other than a Conditional Use Permit.
Ms. Huston stated that a Conditional Use Penn it would be a supplemental requirement from the City (beyond
existing State and Federal requirements).
Ms. Silver stated that it was a two step process. First issue, do you want to recommend to the City Council that the
Zoning Ordinance be amended to provide that frreann sales is a Conditional Use in a residential area. Second issue,
as drafted this ordinance contains a grandfather clause. To grandfather certain people in so they do not need to
obtain a Conditional Use Permit. Those people who would be grandfathered in are those who are operating legally
now with the five required pennits in a residential zone.
Cm. Jennings opened the public hearing portion of the meeting.
Mr. Wagner, member of the NRA, does have frreanns and has the proper permits. He stated that in order to be a
gun license dealer, the proper licenses are required and felt that was proper regulations. He felt that it was a right
for him to have guns under the second amendment of the Constitution. He felt it was a harassment for the people
who have all the legal permits. Some states have concealed weapons law, and it deters crime. His neighbor had a
home occupancy business and they did not get a Conditional Use Penn it.
Cm. Zika asked how he stores ammunition.
.-
Mr. Wagner stated he does store ammunition in his home.
f
Regular Meeting
85
September 24, 1996
.,>
e--
e:.
'.
q
rnoo&~V
Scott Marburger, 7581 Frederiksen Lane. He stated that he does have a gunsmith business out of his home and
occasionally has firearm sales. He said most people with this fascination does not have the proper knowledge and
has not been taught how to use one. Firearms have been portrayed in the media as a bad thing. Some people have
tuna boats parked in their yard or they run business' out of there house which causes traffic. The main concern for
the firearm issues is safety. He stated that the grandfather clause was not very clear. He stated that ifhe did need to
apply for a Conditional Use Permit it would bring alot of attention to the issue. He asked if the appeal process went
to the City Manager.
Ms. Huston replied that after the Planning Commission it would go to the City Council.
Mr. Marburger stated that most people have a frrearms phobia and don't feel comfortable with the issue. He stated
that the Conditional Use Permit fee is another fee on top of all the other permit fees required. He stated that whether
or not the business in the residential area is a frrearms business is clearly stated on the business license. To his
understanding, during the review process of the license, it goes to the Police Department. He wanted to asked the
Commissioners to consider that a Conditional Use Permit was not the right thing for this issue.
Cm. Geist asked if Mr. Marburger was required to store ammunition in a frre proof vault.
Mr. Marburger stated that ammunition storage was not regulated.
Cm. Lockhart asked about the enforcement issue on this. If we have not enforced a license, how are we going to
enforce a Conditional Use Permit.
Ms. Huston stated in the past it has been up to the owners, when they approached the City we would advise them
whether a Conditional Use Permit would be required. The City Council would have to direct Staff if it was an
active enforcement or on a complaint basis.
Cm. Johnson asked about the current enforcement. What does the City do now if they know there is a potential
dangerous situation.
Ms. Huston stated if it was brought to our attention or by complaint, then we would enforce it.
Cm. Johnson stated what was the use of adopting an ordinance if we don't plan to enforce it.
Ms. Silver stated there was two issues, adoption of the ordinance and enforcement of the ordinance.
Cm. Johnson stated we know there are 6-7 people operating to sell guns in the City and we have not contacted them
to obtain a City license.
Ms. Silver stated that the City has not directly contacted these people. City Council had three public hearings on
issues related to frrearms dealers. Statements were made by the owner of the commercial gun dealer that the
individuals who are listed as having federal licenses are not actively engaged in being frrearms dealers.
Cm. Zika said how would the City know ifhe were selling guns or not. Ifhe stored the guns and made the
transaction in Pleasanton, would that make me a dealer.
Ms. Silver stated it was a question of enforcement. The question before you tonight is, should the frrearm sales be a
Conditionally Permitted Use in a residential zone.
Cm. Zika asked if there were other types of businesses that require other types of licenses.
Mr. Peabody stated several types of businesses that require other licenses. Daycare centers, specialized medical
treatment, dentist, doctors and many others.
Regular Meeting
85
September 24, 1996
[IDOO&'~'U
Cm. Zika asked if a dentist could operate out of a home.
.;,:.-
Mr. Peabody stated no because of traffic.
Mr. Marburger stated in order to have his name listed in something, he has to submit proof of his business and a
copy of his license to the Department of Justice. I have to comply with all that is required by Dublin. If a person
sells fIreanns outside the background check system, they are doing it illegally and will be subject to prosecution if
caught.
Cm. Zika asked if Mr. Wagner sells to a collector, do they have to go through the waiting process.
Mr. Marburger stated clients have to wait 15 days and he stores the frreann for the client.
Cm. Johnson asked how will the Conditional Use Penn it help Dublin if we don't enforce this.
Cm. Lockhart asked if we need this ordinance.
Ms. Huston stated a policy or resolution establishing special language could be suggested by the Commission.
Cm. Johnson stated it goes back to the enforcement of the ordinance, he does not have problem with it if the City
would enforce the ordinance. He gave an example of the sign ordinance and how it is not enforced.
Ms. Huston suggested that if the ordinance is adopted, the Planning Commission could send along the issue of
enforcement to the City Council.
Cm. Jermings asked if you went from one Dublin residence to another, will that be addressed.
."
Ms. Huston stated that was already addressed in the law because the Conditional Use Penn it runs with the land.
Cm. Jermings asked about the 4-6 weeks processing period for the Conditional Use Pennit and the 15 day period.
Ms. Silver stated that the 15 day is a waiting period for transfer offrreanns.
Mr. Peabody stated that a Public Hearing Notice would be required. He stated that 4-6 weeks was a reasonable time
frame for the processing period.
Cm. Lockhart asked about any problems with residential frreann dealers.
Ms. Huston stated not to her knowledge.
Ms. Silver stated there was no testimony at the City Council hearings with any specifIc problems with residential
dealers.
Cm. Geist asked if there were other cities with this type of ordinance.
Mr. Peabody stated yes, several cities have this type of ordinance.
Ms. Silver stated Lafayette does and if Pleasanton doesn't they are in the process of adopting one.
Cm. Johnson stated that if the ordinance is put in to effect with a clause stating the enforcement of it he would be in
favor of it.
.'
" .
10
Regular Meeting
85
September 24. 1996
..
e-:
.~
illJ~&~u
- , "" ~
Ms. Huston said when a person applies for a business license, it is circulated to other departments. If the business is
operating with hazardous material, the departments are aware of it. If a business is operating without a license the
City is not aware of their situation.
Mr. Peabody stated they could put a clause along with the ordinance stating that enforcement be done.
Cm. Zika had a problem with the ordinance. He stated that if it's not broke, don't fix it.
Cm. Lockhart stated he has a problem with the ordinance also.
Mr. Peabody stated if the Planning Commission does not support the ordinance, we could pass a minute order
stating the Planning Commission does not support the ordinance. By law the City Council has to refer to you.
On motion by Cm. Zika, seconded by Cm. Lockhart and with a vote of 5-0, the Planning Commission unanimously
voted that no action be taken and no recommendation be made to the City Council on P A 96.032 City of Dublin
Firearms Ordinance.
\ l
85
September 24, 1996