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HomeMy Public PortalAboutResolution 02-41071 RESOLUTION NO. 02 -4107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING A GUN SHOP AT 5928 TEMPLE CITY BOULEVARD; SAID APPROVAL SHALL NOT TAKE EFFECT UNLESS AND UNTIL THE DOWNTOWN SPECIFIC PLAN IS AMENDED TO PERMIT SAME (LOCK, STOCK AND BARREL / C.U.P. 02 -1503) The City Council of the City of Temple City does hereby resolve: SECTION 1. Based upon a public hearing for Conditional Use Permit number 02 -1503 and based upon information provided in Staff Reports and based upon testimony received at a public hearing before the Planning Commission, and based upon testimony and information received at a noticed public hearing before the City Council, the City Council grants a Conditional Use Permit for a gun shop to be situated at 5928 Temple City Boulevard, effective as of the date the Downtown Specific Plan is amended to allow the same, based upon the following findings: 1. That the site for the proposed use is adequate in size, shape, topography and circumstances to accommodate the proposed gun shop in that the building is located in the City Center District of the Downtown Specific Plan area which provides on -site parking as well as public parking in proximity; the proposed use would be situated in an existing building with frontage along a major primary street. 2. That the site has sufficient access to streets and highways adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposal in that the subject site is served by Temple City Boulevard, a primary street, with an 80 foot right -of -way and a 64 foot wide roadway; and 3. That the proposed use would not have an adverse effect upon the use, enjoyment or valuation of adjacent or neighboring property or upon the public welfare in that the proposed gun shop will be inspected and licensed by all applicable Local, State and Federal agencies to ensure public safety; the proposed use is not anticipated to generate inordinate traffic or result in any adverse impacts. Any potential adverse impacts will be mitigated as a condition of approval. SECTION 2. This project should not result in significant effects upon the environment, and a Negative Declaration has been prepared in accordance with the State CEQA Guidelines. The initial statement as prepared indicates there is no potential for adverse impact to the environment as it relates to all wild animals, birds, plants, fish, amphibians and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. Said Negative Declaration has been accepted by the Planning Commission. SECTION 3. Accordingly, this Conditional Use Permit is approved subject to the following conditions: 1. Development shall be in substantial compliance with the submitted floor plan dated July 11, 2002. 2. This Conditional Use Permit shall not become effective until and unless a Zoning Code Amendment is enacted to allow gun shops at the subject location. Furthermore, this Conditional Use Permit shall be null and void if it is not exercised within 24 months. 3. The business hours for the gun shop shall be limited to between 7:00 a.m. and 9:00 p.m. daily. 4. The business owner /operator and any future owner or operator shall comply with Resolution No. 02 -4107 Code Amendment Conditional Use Permit 02 -1503 Page 2 Sections 3700 -3708 of the Temple City Municipal Code relative to firearms. 5. No person under the age of 18 shall be permitted on the premises, unless accompanied by a parent, guardian or other responsible adult. 6. The business owner of the gun shop shall obtain all necessary approvals from all applicable Local, State and Federal agencies for the operation of said business; the building shall be improved with adequate security systems, including an alarm system. A background check shall be conducted by the Los Angeles County Sheriff's Department. Additionally, any future owner, partner or operator of this business shall be subject to a background check by the Sheriffs Department. The Sheriffs Department may recommend against the issuance of any business license based upon derogatory information, which may be contained in the background check. 7. This Conditional Use Permit may only be transferred to a new business owner or operator after a review and approval by the Planning Commission and /or City Council. A transfer of this Conditional Use Permit may be denied if the mandated findings for granting a Conditional Use Permit cannot be made; additional conditions may also be imposed at the time of business transfer if such additional conditions are deemed necessary and appropriate for the on -going operation of this business. 8. Building permits shall be obtained for any tenant improvements or building modifications. 9. An existing non - conforming roof mounted sign shall be removed. New signage shall be in compliance with the Downtown Specific Plan. Signage and other changes to the facade of the building shall be subject to the review and approval of the Community Development Department Staff. 10. Prior to the issuance of a business license, the premises shall be inspected and approved by the Los Angeles County Fire Department and the Los Angeles County Sheriffs Department. Furthermore, authorized City employees and public safety personnel shall have the right to enter the building at any reasonable time to verify compliance with this Conditional Use Permit and all other applicable Local, State and Federal regulations regarding the sale of fire arms and /or ammunition. 11. Any violation of Local, State or Federal laws may be processed directly as a criminal complaint and may serve as grounds for revocation of this Conditional Use Permit. 12. The applicant (business owner) and the property owner shall sign a copy of this resolution, acknowledging acceptance of the conditions of approval as contained herein. APPROVED AND ADOPTED this 6th day of August, 2002 Resolution No. 02 -4107 Code Amendment Conditional Use Permit 02 -1503 Page 3 1 ATTEST: I, City Clerk of the City of Temple City, hereby certify that the foregoing Resolution No. 02 -4107 was introduced at the regular meeting of the City Council of the City of Temple City held on the 6th day of August, 2002, and was duly passed, approved and adopted by said Council, approved and signed by the Mayor and attested to by the City Clerk at a regular meeting held on the 6th day of August, 2002, by the following vote: AYES: Councilman - Souder, Wilson, Gillanders NOES: Councilman -Zovak ABSENT: Councilman - Vizcarra 1 1