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3 Firearms9w" MEETING DATE: 10/7/13 ITEM NO: COUNCIL AGENDA REPORT DATE: October 1, 2013 TO: MAYOR AND TOWN COUNCIL ' FROM: GREG LARSON, TOWN MANAGER SUBJECT: ZONING CODE AMENDMENT A- 13 -01. FIREARM REGULATION. APPLICANT: TOWN OF LOS GATOS A. ADOPT ORDINANCE AMENDING CHAPTER 29 (ZONING REGULATIONS) OF THE _TOWN _CODE_REGARDIN_G THE (1) RETAIL SALES OF FIREARMS, AMMUNITION AND /OR DESTRUCTIVE DEVICES, (2) HOME OCCUPATION PERMITS, AND (3) DUTIES OF THE PLANNING COMMISSION AND TOWN COUNCIL. B. ADOPT ORDINANCE REPEALING THE PORTION OF TOWN CODE SECTION 18.70.015 THAT ALLOWS THE DISCHARGING OF FIREARMS ON PRIVATE PROPERTY. RECOMMENDATION 1. Adopt the attached ordinance amending Chapter 29 (Zoning Regulations) of the Town Code regarding the (1) retail sales of firearms, ammunition and /or destructive devices, (2) home occupation permits, and (3) duties of the Planning Commission and Town Council; and, 2. Adopt the attached ordinance repealing the portion of Town Code section 18.70.015 that allows the discharging of firearms on private property. DISCUSSION On September 16, 2013, the Town Council considered and voted in favor to introduce two ordinances; 1) to amend Chapter 29 of the Town Code regarding the retail sale of firearms, ammunition and /or destructive devices, Home Occupation Permits and the duties of the Planning Commission and Town Council and; 2) to repeal a portion of Chapter 18 of the Town Code that allows the discharging of firearms on private property. Adoption of these ordinances Attachments 1 and 2) would finalize these decisions. ATTACHMENTS: 1. Ordinance amending Chapter 29 of the Town Code 2. Ordinance amending Chapter 18 of the Town Code PREPARED BY: Sandy L. Baily, Director of Community Development Reviewed by: Assistant Town Manager Town Attorney Finance leona \data\DEV \tc reports\ 2013 \firearmslanduse.2ndreading.docx Reformatted: 5/30/02 THIS PAGE INTENTIONALLY LEFT BLANK ORDINANCE ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTIONS OF THE ZONING ORDINANCE (CHAPTER 29) OF THE TOWN CODE DESIGNATING ZONING AND REGULATIONS FOR THE SALE OF FIREARMS AND AMMUNITION, PROHIBITING HOME OCCUPATION PERMITS, REVOCATIONS AND THE DUTIES OF THE PLANNING COMMISSION AND TOWN COUNCIL THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: WHEREAS, California state law allows local jurisdictions to adopt land use regulations under its police power and has a substantial interest in regulating zoning and land uses. 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. 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, the Town studied the issues requested by Town Council on February 11, 2013 concerning potential land use regulations of the sale of firearms, ammunition and destructive devices. The Town held public meetings to obtain comments from the community, received e -mails from the community, and studied other land use regulations adopted by other jurisdictions in the Bay Area and Northern California. WHEREAS, other California cities have adopted zoning ordinances and business regulations that regulate the sales of firearms and ammunition. WHEREAS, California Courts have upheld zoning ordinance regulating the location for the sale of firearms that establish a buffer zone between firearms sales and sensitive locations such as schools, parks, and residential uses on the basis of public health, safety and welfare concerns. SECTION I Town Code Chapter 29 is amended to read as set forth in Exhibit A attached hereto and made a part thereof. SECTION II It is the intent of the Town Council of the Town of Los Gatos to supplement State and ATTACHMENT 1 Federal law and to not duplicate or contradict such law, and this ordinance shall be construed consistently with that intention. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The Town Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsection, sentences, clauses, or phrases be declared unconstitutional. SECTION III Pursuant to Section 15096 of the CEQA Guidelines, the Town of Los Gatos acts as a responsible agency for adoption of this ordinance within the Town of Los Gatos, The Town Council makes the following findings: That there is no possibility that this project will have a significant impact on the environment; therefore, the project is not subject to the California Environmental Quality Act (Section 15061 (b)(3)). SECTION IV This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on September 16, 2013, and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on October 7, 2013. This Ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: 2 ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N ADMORDS\2013 \fi rearms, Ian duse. docx THIS PAGE INTENTIONALLY LEFT PLANK Section 29.10.020. Definitions. Destructive Device means any explosive incendiary, bomb grenade or any similar device as more particularly defined in Title 18 United States Code and the California Penal Code Firearm means any device which is designed to be used as a weapon or may be converted or modified to be used as a weapon which expels a projectile through a barrel by the force of an explosion or other form of combustion. A "firearm" includes any device defined in Title 18 United States Code, and relevant sections of the California Penal Code Firearm. Ammunition (or Ammunition) means any cartridge cases primers bullets or propellant powder designed for use in any firearm and any component thereof Retail Sales of Firearms, Ammunition and /or Destructive Devices means any business engaged in the selling, leasing, or otherwise transferring any firearm firearm component ammunition and or destructive device as defined in this chapter by means of traditional retail sales individual or bulk transactions, internet transactions or in any other manner indicative of trade Section 29.10.09025 Home Occupations f) Prohibited uses. The following uses are prohibited: 1) Retail sales of firearms, ammunition and /or destructive devices 2) Medical offices /uses EXHIBIT A Of Attachment 1 3) Contractor /contracting services which have crews that meets on site prior to traveling to another job site, or which requires the storage of building materials or equipment on site, or which will park or store vehicles or construction equipment on site. Sec. 29.10.195. - Termination of nonconforming use status. b) The following nonconforming uses shall cease at the end of the following time periods: 1) A junkyard shall cease ninety (90) days from the date it becomes nonconforming. 2) Where there are improvements on land, but of a type for which no building permit would currently be required, the nonconforming use shall cease three (3) years from the date the use becomes nonconforming. 3) Where the land is improved with one (1) or more structures of a type for which a building permit would currently be required and the structure(s) are utilized in connection with the nonconforming use, nonconforming use shall cease twenty (20) years from March 23, 1966, or twenty (20) years from the date the use became nonconforming, whichever is later. 4) When a zoning amendment is adopted after 1981 that causes a use to be nonconforming solely by subjecting it to the requirement of obtaining a conditional use permit, all uses affected by the amendment shall apply for a use permit within sixty (60) days after the amendment becomes effective. Failure to make such application within that time shall make the subject use immediately unlawful 5) A business engaged in the retail sales firearms and /or destructive devices shall cease four (4) years from the date it becomes nonconforming_ Section 29.20.185. Table of conditional uses. 1) Commercial r. New retail sales of firearms ammunition and /or destructive devices as set forth in section 29,70.100 2 Put an X under the LM in the Conditional Use Permit Table for item r listed above. Section 29.20.190. Findings and decisions. d) The deciding body, on the basis of the evidence submitted at the hearing, may denya conditional use permit for new retail sales of firearms ammunition and /or destructive devices if it finds any of the following_ M The proposed use is not in harmony with specific provisions or objectives of the general plan and the purposes of this chapter; The proposed use will detract from the existing balance and diversity of businesses in the industrial district in which the use is proposed to be located; and The proposed use does not comply with the location requirements as contained in section 29.70.100. Section 29.20.198. Review of application for a conditional use permit or modification to a conditional use permit for retail sales of firearms, ammunition and /or destructive devices. D When reviewing an application for a conditional use permit or modification to a conditional use permit for retail sales of firearms ammunition and /or destructive devices pursuant to section 29.20.185 the deciding body shall consider the following factors in addition to those required in section 29.20.190 and section 29.70. 100: Any change in the type of Federal Firearms License or any other required State license or permit, and change to the validity of the licenses held by the business granted a conditional use permit shall require an application for a modification of the conditional use permit, and shall be subject to all required findings set forth in section 29.20.190. Q For existing nonconforming businesses that do not have a conditional use permit, any change in the type of Federal Firearms License type. any change in the State of California Certificate of Eligibility or any other required State license or permit, change to the validity of the licenses held by the business shall require an application for a conditional use permit, and shall be subject to all required findings set forth in section 29.20.190. When reviewing an application for retail sales of firearms, ammunition and /or destructive devices, the deciding body shall impose the following conditions and operating standards: No person shall engage in the business of selling, leasing transferring advertising or offering or r exposing for sale any firearms, ammunition, or destructive devices without first obtaining a permit pursuant to the provisions of Sections 14.130.010- 14.130.075 of the Town Code. For purposes of this chapter, engaging in the business of selling or transferring firearms, ammunition, and /or destructive devices includes the infrequent sale or transfer, offer, exposing for sale, or advertising of firearms ammunition, and /or destructive devices. Within one year from occupancy the Town Council shall conduct annual reviews of the conditional use permit for compliance. Notice of the hearing shall be subject to section 29.20.565 except that notices shall be mailed within five hundred (500) feet of the real property that is the subject of the hearing. For the purposes of this chapter, any change in the type of Federal Firearms License type or State license of permits shall be considered an intensification of use fie The deciding body shall make written findings on the application based on substantial evidence in view of the whole record. Mf If State or Federal law imposes more stringent requirements than those imposed pursuant to this section then those State or Federal requirements shall apply Section 29.20.310. - Revocation or modification of a zoning approval. The Planning Commission on its own motion or on the recommendation of the Planning Director or the Chief of Police, may, and if requested by the Council shall, hold a hearing to consider modifying or revolting any zoning approval that has been granted pursuant to this chapter or any prior ordinance. Notice of the hearing shall be given in the same manner as for the hearing of an application for zoning approval. Written notice of the hea ring sh all also be mailed to an y principals making use of, or relying upon, any such zoning approval not less than five (5) days prior to the date of the hearing. Section 29.20.750. Planning Commission The Planning Commission: 5 8) Determines conditional use permit applications that are not assigned to the Development Review Committee or the Town Council. Section 29.20.755 Town Council The Town Council: 2) Hears and determines Planning Commission recommendations for the adoption or amendment of the general plan or any specific plans and conditional use permits for establishments selling alcoholic beverages for on premises consumption and for retail sales of firearms, ammunition and /or destructive devices. Sec. 29.70.100. - Pei-mitted uses. a) Activities allowed in the LM or commercial- industrial zone are those service - oriented and light industrial uses which may be inappropriate in a general commercial zone and which are in the following categories: 1) Retailing. 2) Personal service businesses. 3) Service businesses necessary for the conduct of households or businesses. 4) Office activities approved on or before July 1, 1982; provided, that no change of use to office shall be permitted in the LM zone. 5) Limited manufacturing. 6) Wholesaling and warehousing. 0 b) Examples of proper LM activities are plumbing, heating and electrical contracting, equipment repair, laundry and dry- cleaning plants, paint supplies, janitorial services, and towing businesses. Examples of activities which are not proper in the LM zone are vehicle sales, large scale light industrial activity, professional or medical offices and general business offices. Retail sales of firearms ammunition and /or destructive devices are subject to the following: 1) Retail sales of firearms ammunition and /or destructive devices may be allowed in the LM zone with a conditional use permit subject to all of the restrictions and requirements set forth in this chapter and Sections 14.130.010 — 14.130.075 of the Town Code. However, retail sales of firearms, ammunition and /or destructive devices shall not be permitted within 250 feet.of: a. Any premise occupied by a public or private daycare center, day care home, nursery school elementary, junior high middle or high school or any other youth educational institution whether public or private. b, Any premise occupied by a government building place of worship, public arp k or public trail. c. Any premise occupied by a business which is primarily engaged in providing activities or instruction to persons under the age of 18 not listed in section "a" above existing prior to November 6 2013 All distances referred to in this section shall be measured between the closest points on the exterior property lines or area boundaries of the real 7 property involved, except when the applicant proposes to occupy one unit of a multi -unit structure located on a single parcel, where distances shall be measured from the exterior boundaries of the unit so occupied. N ADEV \ORDS \2013 \firearms. land use. exh ibitA.docx ORDINANCE ORDINANCE OF THE TOWN OF LOS GATOS REPEALING THE PORTION OF SECTION 18.70.015 THAT ALLOWS THE DISCHARGING OF FIREARMS ON PRIVATE PROPERTY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I Town Code Chapter 18 is amended to read as follows: Sec. 18.70.015. Same — Exceptions. a) The provisions of section 18.70.0.10 shall not apply to or affect sheriffs,, constables, marshals, police officers or other duly appointed peace officers in the discharge of their duties; nor to any other person summoned by any such officer to assist in making arrests or preserving the peace, while such person is actually engaged in assisting such officer; nor to members of the Army, Navy or Marine Corps of the United States, nor to the National Guard members, when on duty; nor to organizations which are authorized by the United States of America to use such firearms; nor to members of any lawfully organized club when using such firearms for the purpose of practicing shooting at targets upon established target ranges; nor to persons using firearms in necessary self - defense, and in a careful manner; nor to persons using firearms in a careful manner in a bona fide shooting gallery; nor to an owner or written permittee carefully discharging firearms in an adequately protected indoor range on such owner's propert ten. rli«e nt n r r J - xcsrrrrctxrtrPc aeres -1 p r, + 1, ll.,ta -ff— Y i 1:- crprQg°crc• SECTION II This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on September 16, 2013, and adopted by the following vote as an ordinance of the Town ATTACHMENT 2 of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on October 7, 2013. This Ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\DEV\OR-DS\2013\fireariiis.hillside.docx 2