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HomeMy WebLinkAbout907 - Ordinances - SHOOTING RANGE - FIREARMS RETAIL SALESORDINANCE NO. 907 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2016-00906, AMENDING THE USE DESCRIPTION FOR SHOOTING RANGE IN CHAPTER 17.32.020.E.51 WITHIN TITLE 17 (DEVELOPMENT CODE) OF THE RANCHO CUCAMONGA MUNICIPAL CODE AND INCLUDING A PROVISION TO PERMIT ANCILLARY FIREARMS RETAIL SALES AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. The City of Rancho Cucamonga has prepared Development Code Amendment DRC2016-00906, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." 2. On the 22nd day of March 2017, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing with respect to the above referenced Development Code Amendment DRC2016-00906 and, following the conclusion there of, issued Resolution No. 17-23, recommending that the City Council of the City of Rancho Cucamonga adopt said Development Code Amendment. 3. On the 3rd day of May 2017, the City Council of the City of Rancho Cucamonga conducted a noticed public hearing on the Development Code Amendment and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon substantial evidence presented to the City Council during the above -referenced public hearing on May 3, 2017, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The application applies to property located within the City; and b. The application applies to properties located within the General Industrial (GI) District with the City; and c. The City proposes to amend the Development Code to allow the operation of ancillary retail sale of firearms in conjunction with a shooting range. Development Code Section 17.32.020 defines a "Shooting Range" as follows: "An enclosed firing range with targets for rifle or handgun practice"; and CITY COUNCIL ORDINANCE NO. 907 DEVELOPMENT CODE AMENDMENT DRC2016-00906 - CITY OF RANCHO CUCAMONGA May 3, 2017 Page 2 d. The current definition of a Shooting Range does not allow for the retail sale of firearms; and e. The sale of firearms is currently considered a separate land use: "Gun Sales", and is defined in Section 17.32.020 as follows: "A business whose primary use is the sale of firearms, ammunition and related materials"; and f. Per Development Code Section 17.30.030-1, the Shooting Range land use is only allowed in the General Industrial (GI) District and the Gun Sales land use is allowed only in the General Commercial (GC) District. Both uses require a Conditional Use Permit to operate in their respective districts; and g. The City proposes to modify the description of the Shooting Range land use as shown in Exhibit 1 in the Resolution; and h. The revised definition includes language to prevent secondhand retailers and pawnshops from operating within a shooting range establishment; and i. A Conditional Use Permit will continue to be required for shooting ranges prior to approval of a business license, commencement of operations, and/or occupancy; and j. An existing shooting range with a Conditional Use Permit to operate will be required to apply for a modification to their Conditional Use Permit if they elect to add ancillary retail sale of firearms to their operations; and k. On March 22, 2017, the Planning Commission adopted a resolution recommending adoption of Development Code Amendment DRC2016-00906 to the City Council. SECTION 3: Based upon the substantial evidence presented to this Council during the above -referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, within the district, in a manner consistent with the General Plan and with related development. This Amendment modifies the use description for Shooting Range to include the ancillary retail sale of firearms. Allowing the ancillary retail sale of firearms will allow shooting ranges to offer a one-stop service for customers who want to purchase and then practice with their firearms. The sale of firearms is intended to complement and not displace the shooting ranges as the primary land use. Stores dedicated to gun sales will continue to be restricted to General Commercial (GC) Districts only and will be subject to a Conditional Use Permit. Shooting ranges, likewise, will continue to be allowed in the General Industrial (GI) District only, subject to a Conditional Use Permit, and shall operate in a manner consistent with the General Industrial (GI) District designation; and b. The proposed amendment will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity. The revised definition includes language to prevent the establishment of secondhand retailers and pawnshops from operating within a shooting range establishment. The restrictions on secondhand retailers ensures businesses engaged in the sale of firearms meet all safety standards and operate within the limitations of State and Federal laws. A Conditional Use Permit will continue to be required for CITY COUNCIL ORDINANCE NO. 907 DEVELOPMENT CODE AMENDMENT DRC2016-00906 - CITY OF RANCHO CUCAMONGA May 3, 2017 Page 3 shooting ranges prior to approval of a business license, commencement of operations, and/or occupancy. This will allow Staff to review the operating characteristics of a proposed shooting range and, if necessary, apply specific conditions of approvals to ensure it operates according to the City's guidelines and standards; and c. The proposed amendment promotes the City Council's mid-range and long-term goals and vision for the City. One of those goals is to revitalize industrial buildings and areas in the City that are currently vacant by rezoning to permit more commercial/office uses. This amendment will allow shooting ranges to expand their business and offer an associated retail service to the community subject to a Conditional Use Permit, and would encourage other such businesses to locate in the City's industrial districts. SECTION 4: The Planning Department Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the general rule that CEQA applies only to projects, which have the potential for causing significant effect on the environment. Pursuant to State CEQA Guidelines Section 15061(B)(3), where it can be seen with certainty, that there is no possibility that the activity in question may have significant effect on the environment, the activity is not subject to CEQA. The proposed Development Code Amendment is for the modification of the Shooting Range land use description to include ancillary retail components. The amendment does not propose any physical change to the environment itself. The amendment only revises the land use regulation that applies to where the retail sale of firearms is allowed. It does not permit nor allow the construction of any new retail locations. Applications for ancillary retail sale of firearms will be reviewed for CEQA compliance under a separate Conditional Use Permit application. The applicant may be required to submit environmental studies that analyzes the impact(s) (if any) to, for example, air quality, biological resources, cultural resources, noise levels, and transportation/traffic caused by the site-specific project. On a case-by-case review of each project, the appropriate environmental document will be prepared to address project -specific impacts. Therefore, the amendment will not have a significant effect on the environment. SECTION 5: Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, the City Council approves Development Code Amendment DRC2016-00906 as indicated in Exhibit 1 incorporated herein by this reference. SECTION 6: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 7: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. CITY COUNCIL ORDINANCE NO. 907 DEVELOPMENT CODE AMENDMENT DRC2016-00906 - CITY OF RANCHO CUCAMONGA May 3, 2017 Page 4 PASSED, APPROVED, AND ADOPTED this 17thday of May 2017. ATTEST: a ice C. Reynolds, City Clerk STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) Dennis ichael, yor I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 3rd day of May 2017, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 17th day of May 2017. AYES: Alexander, Kennedy, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Executed this 18th day of May 2017, at Rancho Cucamonga, California. e. reuctil:4 J nice C. Reynolds, Cif rClerk Attachment 1 Staff Recommended Text Revisions in the Development Code 1. Indicate New Use Description For Shooting Range Section 17.32.020.E.51 is hereby amended as follows: Delete Following Text: Replace Deleted Text With: Shooting Range: An establishment in which the primary use is an enclosed firing range with targets for rifle or handgun practice, training, or both. The establishment may include an ancillary retail space for a business that is engaged in the sale, transfer, exchange, leasing or vending of firearms, ammunition and/or related materials. The ancillary retail component may not exceed 25% of the gross floor area and may not engage in businesses related to the operation of pawnshops, secondhand stores or thrift stores as defined in this Title.