Planning Services Division 3091 County Center Drive Auburn, CA 95603 (530) 745-3000 office (530) 745-3080 fax planning@placer.ca.gov

HEARING DATE: April 21, 2016 TIME: 9:40 A.M. TO: Zoning Administrator

FROM: Development Review Committee

DATE: April 4, 2016

SUBJECT: Minor Use Permit American Arms Company - Firearms Dealer Use (PLN16-00053)

PLAN AREA: Foresthill Divide Community Plan

GENERAL PLAN DESIGNATION: Rural Estate 4.6 – 20 Acre Minimum

ZONING: RF-B-X 20 Acre Minimum

ASSESSOR’S PARCEL NUMBER: 064-320-023-000

STAFF PLANNER: Kally Kedinger-Cecil, Assistant Planner

LOCATION: The project site is located at 28243 Black Oak Ridge Road, approximately 2.6 miles northwest of the intersection of Black Hawk Road and Foresthill Road in Foresthill.

APPLICANT: James and Stacy Gotcher

PROPOSAL: The applicants request approval of a Minor Use Permit to operate a Federal Firearms Dealer as a home occupation in accordance with Section 17.56.120 (Home Occupations) and Section 17.58.120 (Minor Use Permit) of the Placer County Code.

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CEQA COMPLIANCE: This project is categorically exempt from environmental review pursuant to provisions of Section 15301 of the California Environmental Quality Act Guidelines and Section 18.36.030 of the Placer County Environmental Review Ordinance (Class 1, Existing Facilities). The Zoning Administrator will be required to make a finding to this effect. PUBLIC NOTICES AND REFERRAL FOR COMMENTS: Public notices were mailed to property owners of record within 300 feet of the project site. Other appropriate agencies, public interest groups, and citizens were sent copies of the public hearing notice. Community Development Resource Agency staff and the Departments of Engineering and Surveying, Public Works, Environmental Health and the Fire Department were transmitted copies of the project plans and application for review and comment. Additionally, Planning Division staff made preliminary contact with staff at the Bureau of Alcohol Tobacco and Firearms and the Placer County Sherriff’s Office, both of which would be required to issue separate permit approvals for the proposed use.

Comments received from agency staff have been incorporated into this report. No public comments were received as of the time of preparation of this report.

BACKGROUND/ ANALYSIS: The Zoning Ordinance allows for the sale and repair of firearms as a Home Occupation (Federal Firearms Dealer) provided that a Minor Use Permit is first obtained and that the business will operate in accordance with the performance standards established by the Home Occupation Ordinance (Section 17.56.120), which generally limits the use to an enclosed living area or accessory building. The Home Occupation Ordinance additionally limits the number of patrons at any given time to three per hour, not to exceed 15 patrons per day; limits the size of signage to two square feet; and limits hours of operations between 7 am and 10 pm. No employees, traffic, or deliveries for the home occupation is allowed after 10 p.m. or before 7 a.m. Lastly, the Home Occupation Ordinance mandates that there shall be no exterior evidence of use, and no outdoor storage of supplies, materials, or products associated with the home occupation is permitted.

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Prior to operating as a Federal Firearms Dealer the permitee must receive approval of a Federal Firearms License from the Bureau of Alcohol, Tobacco & Firearms (ATF), a Firearms Dealer Permit from the California Department of Justice, and a Local Firearms Dealer License from the Placer County Sherriff’s Office. The purpose of those permits is to ensure that persons licensed to sell firearms have completed background check procedures of those agencies and to register the location of the firearms sales activities for State and local law enforcement agency inspection purposes.

The 18.3-acre project site is located north of the town of Foresthill in the Black Oak Ridge subdivision. The property is developed with a 2,400 square foot single-family residence and a small 250 square foot outbuilding. The site is accessed by a long gated driveway with an alarm system.

A closed circuit camera system with eight cameras is in place in the residence that monitors the entry ways and gun safes. The system can be remotely accessed with a smart phone and emails the homeowner any time motion is detected in the camera’s plane of sight. The camera system also has night vision capabilities and is constantly recording all activity. Inventory will be kept in two - safes compliant with the Bureau of Tobacco and Firearms standards that will be bolted to the floor and an alarm system that notifies the property owner when they have been opened. The applicant’s inventory will average approximately 25 guns at any given time and will include associated ammunition. All firearms will be kept in a coded, locked gun safe. Business activities will occur in the attached garage and the home office. No new construction is proposed or required for the use, and all business activities would occur within the residence.

The applicants propose that sales activities will be conducted as both person-to-person transactions at the site and sales occurring on-line. On-line sales would be from Federal Firearms Dealer to Federal Firearms Dealer. The applicants intend to have a varied inventory and will conduct light gunsmithing but will not be conducting any machining. On-site sales will be by appointment only, primarily on weekends. The applicants anticipate two to three weekly on-site appointments. On-site

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firearms testing will not occur. On-site customer visits, parcel delivery and parcel pick-up will be limited to no more than 30 individual trips per month. The applicants do not intend to install signage for the home occupation; however the applicants will be advertising his business on the internet.

For seven years Mr. Gotcher has volunteered as a reserve police officer in the Bay Area. This volunteer position requires a sound knowledge of gun safety and preparedness. Mr. Gotcher has an FFL (Federal Firearms License) to operate as a firearms dealer in the Bay Area and conducted sales to local law enforcement officers there. Mrs. Gotcher is also experienced in gun safety and handling, and intends to instruct gun safety courses for women. The applicants’ prior experiences as a reserve police officer and FFL dealer ensure that the proposed American Arms Company business will be operated by persons highly trained and knowledgeable in gun safety and handling.

The Development Review Committee’s review of the proposed Minor Use Permit determined that the business would operate within the prescribed limitations of the Home Occupation Ordinance because there would be no exterior evidence of use and because all aspects of the business would comply with the limitations detailed in the Home Occupation Ordinance. Additionally, Planning Division staff’s contacts to the Bureau of Alcohol, Tobacco & Firearms staff determined that the applicant associated with this business received clear background checks.

RECOMMENDATION: The Development Review Committee recommends that the Zoning Administrator approve this Minor Use Permit (PLN16-00053) based upon the following findings. Recommended conditions of approval are attached.

FINDINGS: CEQA The Zoning Administrator finds that this project is categorically exempt from review under CEQA pursuant to Section 15301, Existing facilities (Class 1) of the CEQA Guidelines (Section 18.36.030) because the

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establishment of the proposed home occupation will not result in environmental impacts. There is no exception to this finding. MINOR USE PERMIT:

Having considered the staff report, supporting documents and public testimony, the Zoning Administrator hereby finds that:

1. The proposed establishment of the home occupation use to become a Federal Firearms Dealer is consistent with all applicable provisions of the Placer County Code, Chapter 17, and any applicable provisions of other chapters of this code.

2. The proposed establishment of the home occupation use to become a Federal Firearms Dealer is consistent with applicable policies and requirements of the Foresthill Divide Community Plan and the Placer County General Plan.

3. The proposed establishment of the home occupation use to become a Federal Firearms Dealer will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort or general welfare of people residing or working in the neighborhood of the proposed use, nor will it be detrimental or injurious to property or improvements in the neighborhood or to the general welfare of the County because the use will be restricted to the performance standards of the Home Occupation Ordinance and will not include exterior evidence of use. The applicant will have security measures in place including constant on-site closed circuit surveillance and coded locked gun safes that are ATF-compliant. On-site firearms testing will not occur.

4. The proposed establishment of the home occupation use to become a Federal Firearms Dealer will be consistent with the character of the immediate neighborhood and will not be contrary to its orderly development. The proposed use is a home-based occupation and must comply with the standards of the Home Occupation Ordinance (Section 17.56.120), including the provision that no exterior evidence of use is allowed. The proposed operation will not have a store front or signage.

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5. The proposed establishment of the home occupation use tobecome a Federal Firearms Dealer will not generate a volume oftraffic beyond the design capacity of all roads providing accessto the project. The Home Occupation Ordinance (Section17.56.120) limits the number of patrons to three per hour, not toexceed 15 per day. On-site customer visits, parcel delivery andparcel pick-up will be limited to no more than 30 individual tripsper month.

6. The proposed establishment of the home occupation use tobecome a Federal Firearms Dealer will not have an adverse effecton adjacent or surrounding property owners. The applicant hasinstalled security measures and will not sell ammunition or conducton-site firearms testing. The proposed use is subject to the HomeOccupation Ordinance (Section 17.56.120), which does not allowexterior evidence of use and limits the number of daily patrons. Theapplicant is subject to Federal, state and local background checksto ensure the applicant meets all Federal, state and local laws andrequirements for Federal Firearms Dealers.

CONDITIONS OF APPROVAL 1. This Minor Use Permit authorizes the establishment of a Federal

Firearms Dealer as a home occupation in accordance withZoning Ordinance Section 17.56.120 (Home Occupations) onAssessor’s Parcel Number 043-074-037-000. All business activitieswill be conducted within the attached garage and residenceand there shall be no external signs of the home occupation usebeyond those allowed by Ordinance. (PLN)

2. The applicant shall obtain a Business License from the PlacerCounty Tax Collector. Prior to Business License approvalclearance from the Planning Services Division, the applicant shallprovide proof of Federal Firearms License approval from theBureau of Alcohol, Tobacco & Firearms, proof of Firearms DealerPermit approval from the California Department of Justice, andprovide satisfactory evidence of the ability to obtain a LocalFirearms Dealer License from the Placer County Sherriff’s Office.(PLN)

3. This use shall not allow for use of the subject property for weaponstesting or weapons firing by dealer customers. This restriction shall

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not apply to the lawful discharge of legally owned firearms by the property owner(s) or other persons who reside full time at the subject property in accordance with the Placer County Code (Article 9.20 et. seq., Weapons and Article 9.36.030.A.11, Noise Exemptions). (PLN)

4. The applicant shall, upon written request of the County, defend,indemnify, and hold harmless the County of Placer, the CountyBoard of Supervisors, and its officers, agents, and employees, fromany and all actions, lawsuits, claims, damages, or costs, includingattorney’s fees awarded by a certain development projectknown as the American Arms Company Firearms Dealer HomeOccupation Project (PLN16-00053). The applicant shall, uponwritten request of the County, pay for, or, at the County’s option,reimburse the County for all costs for preparation of anadministrative record required for any such action, including thecosts of transcription, County staff time, and duplication. TheCounty shall retain the right to elect to appear in and defend anysuch action on its own behalf regardless of any tender under thisprovision. This indemnification obligation is intended to include,but not be limited to, actions brought by third parties to invalidateany determination made by the County under the CaliforniaEnvironmental Quality Act (Public Resources Code Section 21000et seq.) for the Project or any decisions made by the Countyrelating to the approval of the Project. Upon request of theCounty, the applicant shall execute an agreement in a formapproved by County Counsel incorporating the provision of thiscondition. (PLN)

5. On-site customer visits, parcel delivery and parcel pick-up shall belimited to no more than 30 individual trips per month. Thislimitation shall not be construed to prohibit the business fromreceiving more than one customer in any given day nor toprohibit parcel delivery or pick up on the same day as an on-sitecustomer visit. (PLN)

6. This Minor Use Permit is approved for 24 months and shall expireon April 21, 2018, unless exercised by issuance of a BusinessLicense and approval of all required State and local firearmsdealer permit approvals and registrations. (PLN)

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ATTACHMENTS: Attachment A – Engineering and Surveying Memo Attachment B – Environmental Health Memo Attachment C – Gun Free School Zone Notice Attachment D – Site Plan Attachment E – Letter from Applicant

cc: Jackie Tsan - Engineering and Surveying Department Laura Rath - Environmental Health Services Captain Andrew Scott – Placer County Sherriff Jim and Stacey Gotcher – Applicants

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Engineering and Surveying Division 3091 County Center Drive, Suite 120 Auburn, CA 95603 (530) 745-3110 office (530) 745-7589 fax

MEMORANDUM

TO: KALLY KEDINGER-CECIL, PLANNING SERVICES DIVISION JULIE LEIPSIC, PLANNING SERVICES DIVISION

FROM: JACKIE TSAN, ENGINEERING AND SURVEYING DIVISION

SUBJECT: PLN 16-00053; MINOR USE PERMIT; 28293 BLACK OAK RIDGE ROAD, FORESTHILL; GOTCHER AMERICAN ARMS; (APN: 064-320-023-000)

DATE: MARCH 8, 2015

The applicant is requesting a Minor Use Permit for a home base business for the sales of firearms and equipment via online and appointments only. The Engineering and Surveying Division (ESD) supports the Development Review Committee’s recommendation of the Minor Use Permit application and has no comments or conditions.

ATTACHMENT A9

3091 County Center Drive, #180, Auburn, CA 95603 wnicks@placer.ca.gov 530.745.2300 www.placer.ca.gov fax 530.745.2370

MEMORANDUMDEPARTMENT OF HEALTH & HUMAN SERVICES

ENVIRONMENTAL HEALTH SERVICES

To: Zoning Administrator

From: Justin Hansen, REHS Land Use and Water Resources Section

Date: March 10, 2016

Subject: PLN 16-00053, American Arms Company Minor Use Permit, APN 064-320-023

Environmental Health Services has completed our review of the subject project and have no objections or recommended conditions of approval.

Placer County Health and Human Services Department

Jeffrey S. Brown, M.P.H., M.S.W. Department Director

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Wesley G. Nicks, R.E.H.S. Environmental Health, Director

ATTACHMENT B10

ATTACHMENT C11

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ATTACHMENT D13

ATTACHMENT E14