7�pW N OF
COUNCIL AGENDA REPORT
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DATE: April 5, 2013
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
JUDITH PROPP, TOWN ATTORNEY
MEETING DATE: 04/15/13
ITEM NO: r]
SUBJECT: RETAIL FIREARM SALES
A. ADOPT URGENCY ORDINANCE EXTENDING THE INTERIM
ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE
ESTABLISHMENT OF COMMERCIAL OPERATIONS ENGAGED IN
THE SALES OF RETAIL FIREARMS, AMMUNITION, AND /OR
DESTRUCTIVE DEVICES
B. ACCEPT WRITTEN REPORT ON THE MEASURES TAKEN TO DATE
TO ALLEVIATE THE CONDITIONS THAT LED TO THE ADOPTION OF
AN URGENCY INTERIM ORDINANCE IMPOSING A TEMPORARY
MORATORIUM ON THE ESTABLISHMENT OF COMMERCIAL
OPERATIONS ENGAGED IN THE SALES OF RETAIL FIREARMS,
AMMUNITION, AND /OR DESTRUCTIVE DEVICES
RECOMMENDATION:
1. Open public hearing
2. Close public hearing
3. Direct Clerk Administrator to read title of urgency ordinance (no motion required)
4. Waive reading of urgency ordinance (requires motion approved by a 4/5 vote)
5. Adopt urgency ordinance - (requires motion approved by a 4/5 vote)
6. Accept report regarding measures taken to alleviate conditions resulting in adoption of a
moratorium (requires motion approved by a majority of quorum)
BACKGROUND:
On March 4, 2013, the Town Council adopted an interim ordinance as an urgency measure
imposing a temporary moratorium on the establishment of commercial operations engaged in the
sale of retail firearms, ammunition, and /or destructive devices within the Town ( "Moratorium ").
Reviewed by: Assistant Town Manager Community Development ^ Finance
PAGE 2
MAYOR AND TOWN COUNCIL
RETAIL FIREARM SALES
APRIL 5, 2013
DISCUSSION:
The Moratorium was adopted in accordance with Government Code Section 65858, which
provides that an interim zoning ordinance adopted as an urgency measure shall remain in effect
for 45 days, unless extended for an additional period of up to 10 months and 15 days, and may
also be extended a second time for up to an additional one year. Approval of an extension of an
interim zoning ordinance requires a four -fifth affirmative vote of the Town Council. The initial
45 -day period for the Moratorium will expire on April 18, 2013, unless Council adopts the
proposed ordinance extending the Moratorium (Attachment 1).
Prior to extending the Moratorium, Government Code Section 65858 also requires that a written
report shall be issued describing the measures taken to alleviate the conditions that led to
adoption of the ordinance ( "Report "). The Report prepared by staff (Attachment 2) describes the
steps already undertaken and anticipated by staff leading to future action by Council with regard
to commercial operations engaged in retail firearm sales in the Town.
The Report and draft ordinance were posted on the Town's website and available to the public on
April 8, 2013. Minor edits were made to the Recitals Section of the proposed ordinance.
The purpose of the Moratorium and its proposed extension is to promote the public health,
safety, or welfare during the time Town staff analyzes commercial operations engaged in the
retail sales of firearms, including providing Council with options and recommendations on
whether to adopt ordinances regulating zoning and the operation of such establishments.
If new commercial retail operations are allowed to be established in the Town without addressing
appropriate regulation, this could result in a conflict with the requirements of the Town's
General Plan, zoning ordinance, and forthcoming Town regulations, and state and /or federal law,
and result in irreversible incompatibility of land uses and adverse impacts on residents,
businesses and neighborhoods that present a current and immediate threat to the public health,
safety, or welfare.
Legislation is currently pending on the regulation of firearms and ammunition at both the State
and Federal level. Both legislative bodies have scheduled hearings during the current legislative
session. The Town should take into consideration any new legislation adopted by the State of
California or the U.S. governments prior to adopting regulations so the Town does not duplicate
regulations or adopt regulations that may be later preempted by state or federal law.
If extended, the Moratorium will remain in effect for 10 months and 15 days or until the Town
has completed its study and adopted any necessary revisions or additions to the Town Code or
other regulations to alleviate the conditions leading to the adoption of the Moratorium. If the
latter occurs, the Moratorium could be rescinded prior to its expiration. Alternatively, if
necessary, the Moratorium may be extended a second and last time for up to an additional one
year, if further time is required by the Town to complete its study of the issues.
PAGE 3
MAYOR AND TOWN COUNCIL
RETAIL FIREARM SALES
APRIL 5, 2013
ENVIRONMENTAL ASSESSEMENT:
The proposed extension of the Moratorium is exempt from review under the California
Environmental Qualify Act ( "CEQA ") pursuant to sections 15060(c) (2), 15060(c) (3) and
15601(b) (3) of the CEQA Guidelines, because the action will not result in a direct or reasonably
feasible indirect physical change in the environment, and only directs that a planning study be
undertaken.
FISCAL ANALYSIS:
Continuing a study of the establishment of commercial operations engaged in the retail sales of
firearms, ammunition, and /or destructive devices will require a significant commitment of staff
time. While funding this staff time does not require an additional appropriation, it will require
staff to adjust its priorities in working on other issues. Subsequent adoption of a regulatory
permit requirement could increase staffing costs which could be offset by permit fees.
Attachments:
1. Urgency Ordinance Extending Moratorium.
2. Report Regarding Measures Taken to Alleviate Conditions Resulting in the
Adoption of a Moratorium
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ORDINANCE NO.
AN URGENCY ORDINANCE OF THE TOWN OF LOS GATOS EXTENDING THE
INTERIM (TEMPORARY) MORATORIUM ON THE ESTABLISHMENT OF
COMMERCIAL OPERATIONS ENGAGED IN THE SALE OF FIREARMS,
AMMUNITION, AND /OR DESTRUCTIVE DEVICES WITHIN THE TOWN OF LOS
GATOS AND DECLARAING THE URGENCY THEREOF
WHEREAS, the sale of firearms, ammunition and /or destructive devices within the Town of
Los Gatos has raised the following public health, safety and welfare concerns: school safety;
parks, school routes, and residences in close proximity to such sales; potential negative
influences of such sales on children; concerns and complaints about vandalism, protests, and
threats related to the existing retail firearms dealer -in Los Gatos.
WHEREAS, since Templar Sports opened in December 2012, there have been three public
protests, reports of vandalism, litter, and reported threats directed at both those protesting
against, and advocating for, the continued operation of the store.
WHEREAS, in the past five years the Los Gatos /Monte Sereno area has experienced an
increase in gun - related homicide, and gun- assisted property theft, including an armed robbery of
a Los Gatos business.
WHEREAS, the Santa Clara County Suicide Prevention Oversight Committee has gathered
data between 2009 and 2011, demonstrating that Los Gatos has the highest per capita suicide rate
in Santa Clara County, and firearms are used in some of such deaths.
WHEREAS, at the Town Council meetings on February 4, 2013 and February 11, 2013,
Town Council received extensive public comments for approximately five hours on the issue of
whether the Town of Los Gatos should consider adopting regulations concerning the business
operations and sales of firearms, ammunition, and /or destructive devices. While the comments
were divided as to those who support firearms regulations and those that do not, at the
conclusion of the February 11, 2013 meeting, Town Council directed Town staff to study the
issues raised by the community during the Council meetings.
WHEREAS, on March 4, 2013 the Town Council adopted an urgency moratorium
prohibiting the establishment of commercial operations engaged in the sales of retail firearms,
ammunition, and /or destructive devices until the Town could study the issue further.
WHEREAS, while the Town studies the issues requested by Town Council on February 11,
2013 and March 4, 2013 concerning potential land use regulations of the sale of firearms,
ammunition and destructive devices, considerable uncertainty exists as to whether f u t u r e
s a 1 e s of firearms, ammunition, and /or destructive devices within the Town of Los Gatos will
be subj ect to new land use regulations (zoning, conditional use permit, etc.) and ultimately be
Page 1 of 5
ATTACHMENT 1
in conflict with the existing Town Code. Without the extension of the moratorium adopted by
Town Council on March 4, 2013, a new retail establishment selling Firearms could obtain a
business license in the Town of Los Gatos within a matter of a few business days.
WHEREAS, other California cities have adopted zoning ordinances and business regulations
that regulate the sales of firearms and ammunition and, the State of California Legislature and
the United States Congress are currently considering new legislative bills this Session to further
regulate the sale of firearms and ammunition.
WHEREAS, pursuant to Government Code Section 65858, the interim ordinance shall
expire on April 18, 2013, unless extended by the Town Council for an additional period of up to
10 months and 15 days. Additional time is required for the Town staff to study the issues related
to local regulation of the sales of firearms, ammunition, and /or destructive devices.
WHEREAS, if the Town Council does not extend the interim ordinance for an additional
period of time up to 10 months and 15 days, then the potential exists that establishment of new
commercial operations engaged in the retail sales of firearms, ammunition, and /or destructive
devices within the Town without addressing appropriate regulation could result in
incompatibility of land uses and adverse impacts on residents, businesses and neighborhoods that
present a current and immediate threat to the public health, safety, and welfare.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
Section 1. PURPOSE AND FINDINGS
A. The above recitals are incorporated herein and each relied upon independently by
the Town Council as findings for its adoption of this urgency interim ordinance.
B. The Town of Los Gatos Zoning Ordinance does not currently include regulations
concerning the sales of firearms, ammunition or destructive devices.
C. The Town Council recently conducted approximately five hours of community
discussions during Town Council meetings on February 4, 2013 and February 11, 2013 and
received many concerned comments urging the Town Council to regulate the sale of firearms,
ammunition, and /or destructive devices.
D. On March 4, 2013, the Town Council adopted an interim ordinance on an urgency
basis imposing a moratorium on the establishment of commercial operations engaged in the sales
of retail firearms, ammunition, and /or destructive devices.
E. Additional time is necessary for the Town to study the issues raised by the
community and Town Council concerning the sales of firearms, ammunition, and destructive
devices.
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F. Adoption of the urgency interim ordinance extending a temporary moratorium for
10 months and 15 days on the establishment of commercial operations engaged in the sales of
firearms, ammunition, and /or destructive devices is necessary to avoid the previously identified
current and immediate threat to the public health, safety, and welfare.
Section 2. EXTENSION OF INTERIM MORATORIUM
For an additional period of 10 months and 15 days, commencing on the date of the
adoption of this urgency interim ordinance (up to and including February 2, 2014), or until such
time as this urgency interim ordinance may expire subject to any extension of this urgency
interim ordinance that the Town Council may adopt and approve pursuant to Government Code
Section 65858, no zoning ordinance interpretation or amendment, or amendment to the General
Plan, use permit, building permit, business license, or any other permit or entitlement for use
shall be approved or issued for the approval, commencement, establishment or operation of, and
no new person or entity shall operate, manage or conduct the commercial operations for sale of
firearms, ammunition, and /or destructive devices upon any property in any zoning district within
the Town of Los Gatos during the period this urgency interim ordinance is in effect. For the
purpose of this period of the urgency interim ordinance, any existing person or entity currently
issued and holding a valid Federal Firearms License and State Certificate of Eligibility for the
sale of firearms and /or ammunition shall not be prohibited from continuing their current existing
business operations.
Section 3. URGENCY ORDINANCE; EFFECTIVE DATE AND DURATION
Based on the findings set forth herein and concerns raised by members of the community
an immediate threat to the public health, safety, or welfare exists. An extension of the interim
ordinance is necessary to alleviate and address that threat until permanent land use regulations
can be established.
Therefore, this ordinance is adopted as an urgency ordinance pursuant to Government
Code Section 65858 and shall take effect immediately upon approval by a four - fifths vote of the
Town Council. This ordinance shall be in full force and effect for a period of 10 months and 15
days from and after the date of its adoption unless this period is extended by the Town Council in
accordance with Government Code Section 65858.
Ten (10) days prior to the expiration of this interim ordinance or any extension thereof,
the Town Council shall issue a written report describing the measures that have been taken to
study the relevant issues and to establish policies and regulations regarding commercial
operations engaged in the sale of firearms, ammunition, and /or destructive devices within the
Town.
Section 4. ENVIRONMENTAL ANALYSIS
The ordinance is exempt from review under the California Environmental Quality Act
(CEQA), pursuant to Sections 15060(c)(2), 15060(c)(3), and 15601(b)(3), because the proposal
.Page 3 of 5
will not result in a direct or reasonably foreseeable indirect physical change in the environment,
and only directs that a planning study be undertaken.
The ordinance is categorically exempt from CEQA under Section 15308 of the State CEQA
Guidelines. This ordinance is a regulatory action taken by the Town in accordance with
Government Code Section 65858, to assure maintenance and protection of the environment
pending the completion of contemplated zoning ordinance revisions.
Section 5. SEVERABILITY
If any section, subsection, phrase, or clause of this ordinance is for any reason held to be
unconstitutional, such decision shall not affect the validity of the remaining portions of this
ordinance. The Town Council hereby declares that ,it would have passed this ordinance and each
section, subsection, phrase or clause thereof irrespective of the fact that any one or more
sections, subsections, phrases, or clauses be declared unconstitutional.
Section 6. P[JBLICATION
This ordinance shall be published in accordance with the provisions of Government Code
Section 36933.
Section 7. ADOPTION and EFFECTIVE DATE
For the reasons set forth in the legislative Findings, this ordinance is declared to be an
urgency ordinance intended to preserve the public peace, health and safety and is adopted as such
pursuant to California Government Code section 36937.
This ordinance shall take effect immediately and be enforced immediately upon its final
adoption for 10 months and 15 days.
Passed and adopted by the Town Council of the Town of Los Gatos as an urgency
ordinance this 15th day of April, 2013, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DISQUALIFIED:
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APPROVED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
Mazarin Valcharia, Town Clerk Administrator
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MEASURES TAKEN TO ALLEVIATE CONDITIONS RESULTING IN THE
ADOPTION OF AN URGENCY INTERIM ORDINANCE IMPOSING A
MORATORIUM ON THE ESTABLISHMENT OF COMMERCIAL OPERATIONS
ENGAGED IN THE SALES OF RETAIL FIREARMS, AMMUNITION AND /OR
DESTRUCTIVE DEVICES
On March 4, 2013, the Town Council adopted an interim ordinance imposing as an
urgency measure a moratorium on the establishment of commercial operations engaged
in the sales of retail firearms, ammunition, and /or destructive devices within the Town.
The interim ordinance was necessary to promote the public health, safety, or welfare
during the time that Town staff analyzes and prepares a study on the sale of firearms,
ammunition and destructive devices, including providing the Town council with options
and recommendations on whether to adopt a zoning ordinance regulating the operation of
such establishments.
Since that time, Town staff commenced the following measures to alleviate the
conditions that led to the adoption of the interim ordinance, which measures are ongoing:
® conduct legal research into the relevant state and federal case law on local
regulations of firearms dealers;
® continue research of local zoning ordinances and regulatory permits in California
concerning the sale of firearms, ammunition and destructive devices;
® monitor and research pending State and Federal legislation regulating firearms
and ammunition sales;
® outreach to community members to evaluate and address concerns regarding
future local regulation
Town staff anticipates adding the following measures during the remaining period of the
moratorium:
® research laws and enactments of regulation in other California cities and counties
regarding the sale of firearms, ammunition and destructive devices;
research operations of existing retail firearms dealers in other municipalities and
counties;
® research options for adopting zoning and regulatory ordinances allowing and
regulating the operation of commercial firearms retailers;
Y continue community outreach regarding any proposed regulations including
providing a time for public comment prior to Town Council's consideration of
regulations and policies.
ATTACHMENT 2
• prepare recommendations and related ordinances, staff reports, policies, and other
documentation, as necessary, for consideration by the Town Council.
• Planning Commission consideration of and recommendation on any proposed
zoning or related code changes.
Staff will return to Council with a range of options and recommendations as outlined
above in a timely manner and within the time allowed by law.
Measures Taken to Alleviate Conditions Resulting in Adoption of a Moratorium
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