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.