Final Decision

On Tuesday, September 27, 2011 the City Council decided not to take any further action on this study. No changes were made to the Sunnyvale Municipal Code requirements. See Council Minutes for further discusison.

Public Hearing Schedule

The City Council and Planning Commission will hold public hearings in the Council Chambers on the issue as shown below:
 

• Planning Commission: August 22, 2011, 8:00 p.m.
  Staff Report and Agenda (Available by 5:00 p.m., August 19, 2011) Report
• City Council: September 27, 2011
  Staff Report and Agenda (Available by 5:00 pm Friday, September 23, 2011)

We invite you to attend these meetings to gain more information, and to provide us with your feedback. If you are unable to attend, you can also provide your feedback in the comment section of this website, or by sending an e-mail to: FirearmSales@ci.sunnyvale.ca.us

FAQs about the Sunnyvale Study Issue: “Location and Operation of Firearm Sales Businesses”

1. Is this a study to ban firearm sales in Sunnyvale?
2. What is the scope of this study?
3. What is the origin of this study?
4. What is the current process for firearm sales business to open in Sunnyvale?
5. Is the intent of this study to revoke the permits for the existing businesses?
6. What types of permit requirements are possible?
7. If a permit is required, what type of standards would be required?
8. What are examples of uses that require planning permits?
9. How are home-based business applications handled?
10. How can I get more information or provide feedback on this study?

Is this a study to ban firearm sales in Sunnyvale?

No. The intent of the study is to consider whether a specific permit should be required for business selling firearms, and if specific requirements (such as distances from schools) should be considered as a part of a permit.

What is the scope of this study?

The study is limited to a discussion whether a local land use permit should be required for firearm sales businesses, and if locational restrictions would be included as part of those permits.

What is the origin of this study?

In 2010, a firearm sales business opened adjacent to a residential neighborhood. Residents of that neighborhood objected to the firearm sales business location, with concern for its proximity to residents, schools, and on routes children use to get to and from school. As a result of the input received, the City Council directed staff to complete a study to determine whether changes should be made to the existing processes. The Council Study Issue paper is listed below: http://sunnyvale.ca.gov/Portals/0/Sunnyvale/StudyIssues/2011CDD%2011-04.pdf

What is the current process for firearm sales business to open in Sunnyvale?

Besides any State and Federal requirements, gun shops (or firearm sales businesses) are treated like any other retail sales business; no special zoning/planning approvals are required in commercial zoning districts. A staff level permit is required in industrial zones to assure the industrial character is maintained and adequate parking provided. Home-based businesses need a business license, at which time Planning reviews the use for consistency with the home occupation requirements. In addition, the Chief of Public Safety reviews the business for compliance with state and federal regulations and issues a permit for firearms sales under California Penal Code §12071.

Is the intent of this study to revoke the permits for the existing businesses?

No. This study will not impact existing businesses.

What types of permit requirements are possible?

One option is to maintain the current standard that treats firearm sales the same as most other retail business, meaning the use is allowed by right, and no specific planning permit would be required for the sale of firearms. 
Another option would be to require a planning permit to review appropriateness of the use for a location, or to require a public hearing in order to allow input from the community.

If a permit is required, what type of standards would be required?

Typically, permit application review by the City includes a variety of issues, including: review hours of operation, parking standards, site improvements, etc. In some cases, City review could also consider operating and performance standards, distance limitations from sensitive uses (such as schools, parks, and routes used to reach those locations), and public safety review options.

What are examples of uses that require planning permits?

Examples include schools, day care centers, churches, car washes, restaurants, service stations, hotels, car sales businesses, and animal hospitals and clinics.

How are home-based business applications handled?

All types of Sunnyvale-based businesses require a Business License, and for those businesses that are home-based, specific regulations apply. One of the key considerations for a home occupation permit is that the businesses not become a commercial business that changes the neighborhood character.

How can I get more information or provide feedback on this study?

Updates to the study will be provided on this web site: FirearmSales.inSunnyvale.com. You can send e-mails to: FirearmSales@ci.sunnyvale.ca.us