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
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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
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