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HomeMy WebLinkAbout2015-05-05; City Council; 21957; Denying Gunther’s Guns Shooting Range Appeal Part 2 of 5VPC -Poisonous Pastime -Section One Page 3 of 15 or soil that contains lead dust or particles of lead. The effects of lead are the same no matter how it gets into the body, although how the body processes lead ingested in different ways varies. For example, most of the lead inhaled into the lungs moves into the blood stream, where it is circulated throughout the body and stored in various body organs, tissues, and bone. On the other hand, very little lead that is swallowed by adults enters the blood stream. However, much more lead that is swallowed by children enters the bloodstream than in adults, and children are much more prone to this form of ingestion. Although some of the lead in the bloodstream is filtered out and excreted from the body, the remainder is stored, most of it in bone but some also in soft tissues. The level of this stored lead increases with chronic exposure. The victim may not be aware of it, since there is often no "bright line" at which obvious symptoms appear,9 but he or she is slowly being poisoned, suffering long-term, chronic, and irreversible damage. The effects of lead poisoning include: damage to the brain and central nervous system; kidney disease; high blood pressure; anemia; and damage to the reproductive system, including decreased sex drive, abnormal menstrual periods, impotence, premature ejaculation, sterility, reduction in number of sperm cells, and damage to sperm cells resulting in birth defects, miscarriage, and stillbirth. Effects on women and children. Lead is particularly harmful to the rapidly developing brains and nervous systems of fetuses and young children. This harm has been well-studied in actual human cases, not mere theoretical calculations, animal studies, or academic conjecture.8 Most strikingly, the level of lead known to be toxic to children has shifted downward since the 1970s as health investigators have developed more sensitive instruments and better study designs. Also, children are at a higher risk because they normally have more hand-to-mouth activity than adults (thus ingesting lead-contaminated dust, for example) and because their bodies absorb lead more readily than adult bodies. Because multiple low-level lead input can result in significant overexposure, it is often difficult to pinpoint all the sources contributing to a given child's overexposure. Contaminated house dust is known to be a major source. "Take-home" exposure to children also results when adults launder contaminated clothing with the rest of the family's wash, track in dust, or bring contaminated materials home. Unfortunately, like adults, most lead-poisoned children do not exhibit obvious symptoms. Their protection hinges on vigilant parents and aggressive public health authorities. Nevertheless, these poisoned children suffer a particular harm that will handicap them for life-lowered intelligence. A number of studies have shown conclusively that children's IQ scores are inversely related to lead exposure. Moreover, the decrease in IQ scores has a direct and serious practical impact: a substantial increase in the number of children with severe intellectual deficits and a decrease in children with superior skills. "It makes you stupid," in the words of one lead testing expert, and the damage is irreversible.9 http://www.vpc.org/studies/leadone.htm 2/4/2015 VPC -Poisonous Pastime -Section One Page 5 of 15 Effects on Wildlife. Lead has devastating effects on wildlife that mistake lead shotgun pellets for food or grit and ingest it. Ducks and geese, for example, "deliberately swallow small bits of stone and gravel to help grind up food in their gizzards."19 When this grit contains lead, the result is lead poisoning and a slow and agonizing death. "You see them walking with drooping wings and they can't fly," an Illinois veterinarian said recently. "It really is a terrible death because it's very slow and gradual.'>20 Waterfowl have been most directly impacted historically-from 1.5 to 2.5 million died every year from lead poisoning until 1991, when the U.S. Fish & Wildlife Service banned use of lead shot for hunting them. But other avian species, ranging from songbirds to bald eagles, are also poisoned by ingesting lead shot directly or in their prey.21 In any case, the lead shot ban does not extend to other forms of hunting or to target shooting. In addition, in 1997 a source in the ammunition industry said that about 20 percent of American hunters still use lead in defiance of the ban-the result is that about 300,000 ducks and geese are still poisoned each year by lead shot.22 Sources of Lead at Shooting Ranges Exposure to lead poisoning in indoor firing ranges comes primarily from inhaling lead particles suspended in the air in the range (although it may also be ingested orally, with contaminated food for example). These particles come principally from ignition of the primer, which contains lead styphnate, h from microscopic lead particles scraped off the bullet as it passes through the gun barrel, and from lead dust created when the bullet strikes the target or the backstop behind the target.23 Pollution from outdoor ranges comes primarily from spent shotgun pellets and rifle bullets, including materials fired into backstops, called "berms," or out over waterways. According to Sports Afield, "the quantity of recreational lead deposited in the environment is enormous. For example, at some trap and skeet ranges, lead shot densities of 1.5 billion pellets per acre have been recorded. That's 334 pellets in every square foot."24 (This massive pollution at shooting ranges is entirely separate from another question, posed by a U.S. Forest Service official at a gun industry shooting range symposium, of "where the lead is going for the millions of shooters who currently are not using established ranges," but are instead shooting on open public land.25) Another source of airborne lead for some range shooters is casting their own lead bullets by pouring molten lead into molds of the appropriate size for the caliber bullet desired. Although beyond the scope of this study, a number of sources warn that this practice can cause serious lead poisoning.26 Melting lead produces a fume which can remain airborne for several hours, is easily inhaled, and can contaminate surfaces.27 The director of a New Hampshire occupational health center said some of the worst cases of lead poisoning he has seen have been in people who make their own bullets, and warned of "an amazing lack of awareness" of the danger. "That's a wonderful way to poison not only yourself but members of your family," said another state health official. 28 Indoor Shooting Ranges Indoor shooting ranges have been identified as serious lead poisoners since at least the mid-1970s, documented in a string of studies by public health authorities.29 Although an official of a major shooting range supply company attacked the early warnings as "lead-intoxication hysteria" in a 1976 issue of The Police Chief magazine, 30 no serious challenge has been mounted to the growing body of science underlying the indisputable fact that lead poisoning is a serious threat to health at indoor shooting ranges.i An NRA official speaking in 1990 said, "Lead contamination directly contributed to closing hundreds of indoor ranges in the last 20 years."31 Nevertheless, indoor shooting ranges continue to appear regularly in public health records and news stories as major offenders for lead poisoning. For example, the California Department of Health Services reported that, among commercial industries, indoor firing ranges had the largest number of lead poisoning cases as recently as 1993 and 1994.32 Problems http://www.vpc.org/studies/leadone.htm 2/4/2015 2ffl VPC -Poisonous Pastime -Section One Page 8 of 15 Private firing ranges in Colorado all refused requests by the researchers to test blood levels of their patrons. But the researchers concluded that "frequent users would be at risk for developing elevated blood lead levels and adverse health effects from the lead exposure."46 Risk to families and other third party nonparticipants. Because.lead dust settles on clothing, shoes, and accessories worn or used at the range, the families of persons who work at or use firing ranges are also subject to "take-home" exposure to lead dust.47 This can cause secondary lead poisoning, particularly in children.48 This risk may not be obvious, but it is no less real-shooters can even contaminate their children's clothing by washing them together with the clothes they wore to the range. "If you take your clothing home, you actually contaminate the family clothing when you wash it (together)," a New Hampshire police captain and range instructor warned.49 A 1996 National Institute of Occupational Safety and Health (NIOSH) lead health hazard evaluation of firing range activities at the FBI Academy's Firearms Training Unit found significantly higher levels of lead in the carpets of the dormitory rooms of FBI students as compared to the rooms of nonstudents. The study concluded, "FBI students may be contaminating their living quarters with lead," and that "a potential problem of 'take-home' lead exposure of families of firearms instructors was found."50 Persons who spend time in the same building in which a firing range is located will be exposed to lead dust from the range unless special precautions are taken. These include totally isolating the range's ventilation system from the rest of the building and ensuring a negative air pressure in the range so that lead dust does not escape into adjacent offices or work areas, in which a positive air pressure should be maintained to keep lead dust out. 51 In any case, lead residue from inadequately designed old ranges may still be found in building air ducts long after the range has been retired. 52 This risk is especially acute in the case of firing ranges located within schools, a topic addressed in more detail below. Air exhausted from an indoor shooting range can also threaten third parties. For example, a day-care center in Clearwater, Florida, was forced to close and the children were required to have blood tests after it was discovered that a neighboring indoor shooting range was venting lead-contaminated air into the center's playground area. Lead levels just outside the range's exhaust fan were found to be 8,000 times higher than the acceptable level set by the Pinellas County's Department of Environmental Management, and those in the soil near the border between the range and the daycare center were about 40. times the acceptable level. The proprietor of the private shooting range was reported to be "shocked" by the revelation, arguing that the ventilation system had been inspected by health officials 1 0 years earlier when the range was built. 53 (As is described in more detail below, poor maintenance of such ventilation systems is a major problem for indoor ranges.) Construction employees who work on firing ranges may also be exposed to lead contamination, especially since they may not be aware of the danger when working in older buildings. California health officials have seen "some serious lead poisoning cases among construction employees engaged in demolition of a firing range, as well as among these employees' children."54 Exposure of Children at Indoor School Ranges. Given the vast amount of effort devoted to protecting children from lead in paint in recent decades, it may come as a shock to parents to learn that schools all over the country are exposing children to lead contamination from indoor firing ranges) Yet using shooting ranges to get children and youth involved in the "shooting sports" is an integral part of the gun industry's survival strategy, described in more detail in Appendix A. The National Rifle Association supports the gun industry's overall range survival strategy by helping to underwrite school shooting ranges. In Illinois alone, for example, the NRA increased grants for school shooting ranges from $7,844 in 1995 to more than $23,750 in 1998.55 http://www.vpc.org/studies/leadone.htm 2/4/2015 VPC -Poisonous Pastime -Section One Page 11 of 15 Dealing with these problems is complicated by the esoteric nature of the state and federal laws and regulations protecting the environment.k Several key issues of federal environmental law have been roughly focused in a handful of shooting range cases litigated to conclusion. But the NSSF notes that the relatively low number of reported law cases is not a true measure of the activity going on because "many shooting range cases are resolved in the early stages of litigation through consent orders under which the ranges agree to close down and perform further environmental investigations and cleanup at the range."68 Three federal laws have been found to be especially relevant to outdoor shooting ranges: the Clean Water Act (CWA),1 the Resource Conservation and Recovery Act (RCf3A),m and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or "Superfund").n Other federal laws may apply to a particular case, and state protections may be more stringent than the applicable federal laws. The Clean Water Act (CWA) The Clean Water Act makes it unlawful for any person to discharge "pollutants" from any "point source" into waters of the United States without obtaining a permit, called a "National Pollution Discharge Elimination System" (NPDES) permit. Two leading federal cases have held that lead shot and target debris (shattered clay pigeons) are "pollutants," and the trap shooting stations at shooting ranges are "point sources." Therefore, any range from which patrons shoot out over "Waters of the United States" must have an NPDES permit. This is a stringent requirement because "Waters of the United States" is broadly defined to include virtually all rivers, streams, lakes, ponds, drainage-ways, wetlands, and similar features, even those on private property, and it appears that, at least to date, no NPDES permit has ever been issued to a shooting range.69 Long Island Soundkeeper Fund, Inc. v. New York Athletic Club0 involved a private trap shooting range at which spring launchers were used to toss clay targets out over Long Island Sound. Shooters fired at the clay targets from concrete platforms. Acting on a lawsuit brought by two public interest groups interested in preserving the Long Island Sound environment, the court ruled that "shot and target debris" generated by the shooting range constituted pollutants, and that the range was a point source. It is noteworthy that the court ruled that even though the club had switched to the use of steel shot, the shot was nevertheless a pollutant for purposes of the CWA. The club elected to discontinue the discharge rather than seek a permitJO Stone v. Naperville Park District s~ttled a dispute over a trap-shooting range in Naperville, lllinois.P The range was reported to have dumped as much as 230 tons of lead over 50 years of use on a small patch of land in a park near a high school.71 The controversy began when neighbors became concerned about possible lead contamination of ground water and wells. Although state officials indicated they would allow the range to continue operation, federal officials expressed concern about lead pollution, especially noting two ponds on the site. 72 Eventually the court ruled, consistent with the New York Athletic Club case, that the range's operations fell under the CWA and barred shooting until an NPDES permit was obtained. Although city and park officials have pressed for a permit, it seems clear that it will not be issued, certainly if lead shot is used.73 It is almost certain that many other shooting ranges across the country are operating without permits required by the CWA. This is particularly true when the shooting range is located on or near wetlands or waters such as rivers or creeks, or where the range allows the natural flow of rain or runoff to carry lead contaminants into such waters or even into groundwater.74 The Resource Conservation and Recovery Act (RCRA) http://www.vpc.org/studies/leadone.htm 2/4/2015 VPC -Poisonous Pastime -Section One Page 12 of 15 RCRA established a "cradle to grave" regulatory scheme for the treatment, storage, and disposal of solid and hazardous wastes. The leading federal case in the field is Connecticut Coastal Fishermen's Association v. Remington Arms Co., Inc. The first such suit against a private range, it resulted in the closing of the Lordship Gun Club in Stratford, Connecticut, operated by Remington Arms Company.75 The Lordship trap and skeet range was located on Long Island Sound, directly across the mouth of the Housatonic River from two wildlife refuges. According to the U.S. Court of Appeals for the Second Circuit, "After nearly 70 years of use, close to 2,400 tons of lead shot (5 million pounds) and 11 million pounds of clay target fragments were deposited on land around the club and in the adjacent waters of Long Island Sound. "76 A 1987 study documented acute lead poisoning in 15 of 28 black ducks captured in the area. Concerned about the effects of the range's operations, the Connecticut Coastal Fisherman's Association filed a lawsuit against the range, citing the CWA and RCRA. The case eventually wound up in the Second Circuit Court of Appeals which made three significant rulings: • The CWA complaint was moot because the range had suspended operations and was unlikely to resume. In short, past violations will not support a CWA suit so long as it appears that operations have been permanently suspended. • Under EPA's regulations and interpretations, shooting range operations do not constitute "discarding" a hazardous waste, and therefore do not require a permit. • However, the deposited lead and potential target debris do constitute hazardous solid wastes that present a substantial threat to the environment. The range was therefore subject to another provision of RCRA requiring remediation and cleanup, even though the range had ceased operations. As a result of this ruling, the range closed and Remington agreed to clean up both the lead and clay target waste. According to NSSF, several other ranges have been charged with violating CWA and RCRA, but most either went out of business, settled out of court, changed their shooting direction, or switched to non- toxic shot.77 Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or "Superfund") One of the peculiarities of these laws, as interpreted by the EPA, is that so long as a range is being used, the lead and other toxic materials it dumps into the environment are not considered as being discarded or abandoned. Shooting ranges are therefore not required to get the permits that, say, a landfill or toxic dump would be required to have if it wished to deposit the same material. However, a range that is closed or abandoned triggers specific liabilities for lead and other toxic materials deposited on the land during shooting operations, since it is then considered to be "abandoned waste."78 The reported transport of lead waste to landfill dump sites by some range operators also could subject them to any future "superfund" liabilities of the disposal sites, according to the NRA's range development manager.79 Cleanup costs can be substantial: New York City reportedly paid a Canadian company $25 million to clean up a police shooting range in the Bronx. Company officials found the prospects of such work in the United States "promising," estimating that there were about 28,000 such potential cleanup sites in the country.80 The cost of cleaning up abandoned ranges often comes as a shocking surprise to new owners or to government units that operate or sometimes inherit the property in question. In some cases, governmental units simply continue the fiction that the abandoned range is still "in service" in order to avoid paying the costs. The following are representative examples of cleanup cases: http://www. vpc.org/ studies/leadone.htm 2/4/2015 VPC -Poisonous Pastime -Section One Page 13 of 15 • As part of a consent decree, current and past owners of a former Playboy Club property in Wisconsin agreed to pay the U.S. government $1,000,000 in cleanup costs for contamination from a trap and skeet shooting range. The contamination at the abandoned site was discovered after 200 geese died of lead poisoning. The federal government was reported to have spent $1.75 million for cleanup as of the time of the agreement. 81 • The State of Massachusetts inherited a cleanup problem when it acquired a former resort that included a skeet shooting range.82 • Port Richey, Florida, was hit with a $50,000 cleanup bill after it learned that a children's play area called Totsville had been designed and built by a well-meaning volunteer on a site that had formerly been a city firing range.83 • Port Salerno, Florida, was stuck with a $400,000 cleanup bill when tests of a proposed development site revealed contamination from an abandoned shooting range formerly used by the sheriff's office. 84 • Crystal River, Florida, dodged cleanup costs by simply fencing off a shooting range area, keeping it in limbo between its former use as a pistol range and any new use. Should the city decide to make use of the parcel, which one council member compared to an abandoned nuclear site, it would have to pay for the cleanup.85 • Brea, California, was sued by the owner of a parcel of land it leased for use as a firing range. The owner complained that the property lost value and that 165 tons of soil had to be removed as a result of lead contamination after 25 years of use.86 • Bay Village, Ohio, city officials abandoned cleanup plans when they saw a price tag of $600,000 to clean up an estimated 150 tons of lead blasted into Lake Erie over several decades by a private gun club. The federal EPA looked the other way. "Why invite trouble?" said one city official, who admitted he was aware of the court ruling in the similar Connecticut Coastal Fishermen's Association case.87 These and other abandoned range cases pose a serious question for communities with existing or newly proposed range operations: who will pay the cleanup bill when the shooters have moved on?88 National Environmental Policy Act (NEPA) The National Environmental Policy Act (NEPA) established a national scheme to control and minimize the impact that federal government actions-including tax-subsidized activities-have on the environment. Prominent among these is the requirement that an environmental impact statement (EIS) be prepared for any major federal action that might significantly affect the quality of the human environment.89 No one appears yet to have explored whether, given the extensive federal assistance extended to the gun industry for its shooting range programs, certain federal agencies-such as the Fish & Wildlife Service-should be required to develop such plans. Other Major Pollution Sites A number of other shooting range environmental horror stories can be found in news reports from all over the country. The following are a few representative examples: • Westchester County, New York, entered into a consent decree with the EPA to clean up contamination from lead and targets at its Sportsmen's Center, located next to an elementary school. EPA sued the county under the imminent hazard provision of RCRA.90 The case prompted NSSF executive Bob Delfay to complain, "Lead is a four-letter word these days."91 http://www.vpc.org/studies/Jeadone.htm 2/4/2015 211 VPC -Poisonous Pastime -Section One Page 14 of 15 • Illinois environmental officials got a toxic double whammy when it turned out that the backstop of a rifle range originally built for the 1959 Pan American Games was made of asbestos waste. In addition to lead pollution problems, officials learned that the asbestos had simply been bulldozed into Lake Michigan, then later recycled onto a public beach as part of dredging operations. 92 • A former skeet shooting range in Delaware earned the title "Harbeson Dead Swan Site" when it was designated a federal Superfund cleanup site after 41 dead black-billed tundra swans, victims of lead poisoning, were found by two bird watchers. The kill was reportedly one of the highest ever recorded for tundra swans. Federal taxpayers paid for the estimated $200,000 cleanup cost. The EPA originally tried to hide ownership of the site after a meeting with the owners was arranged by Senator Joseph Biden (D-DE), but relented under media pressure.93 Taxpayers were also slated to pay the $250,000 cleanup costs at another private skeet- shooting range on Prime Hook National Wildlife Refuge in Delaware. "[T]he club doesn't have the money," the organization's treasurer said. "I'm sure it would bankrupt us."94 e) Skeet, trap, and sporting clays are variants of an activity in which a circular disc is hurled, usually mechanically, simulating the flight of a game bird within sight of the shooter, who is armed with a shotgun. The object is to react quickly and accurately enough to hit and shatter the disc, sometimes called a "clay pigeon," with shotgun pellets. f) The U.S. military was reported to have closed more than 700 firing ranges as of August 1999 due to lead contamination, and taken major steps to clean up and prevent further contamination at others. "Army shoots for safe environment with tungsten bullets," American Metal Market, August 26, 1999, 4. Although beyond the scope of this study, the military's approach contrasts with the head-in-the-sand attitude of many civilian range owners and operators. g) Many symptoms of chronic overexposure are subtle. They include loss of appetite, metallic taste in the mouth, anxiety, constipation, nausea, pallor, excessive tiredness, weakness, insomnia, headache, nervous irritability, muscle and joint pain or soreness, fine tremors, numbness, dizziness, hyperactivity, and colic. h) Each round of ammunition is composed of four parts: (1) a bullet, or pellets in the case of a shotgun round, seated in (2) a cylindrical shell casing (or case), within which is (3) a charge of gunpowder, and (4) a primer, seated in the base of the case. The firing pin strikes the primer, made of a highly explosive compound, which explodes and in turn ignites the gunpowder. The burning gunpowder creates gas pressure which expels the bullet or pellets from the casing and through the barrel of the gun. i) Indoor firing ranges also present problems of exposure to noxious gases such as carbon monoxide and oxides of nitrogen. See, e.g., T. Anania and J. Seta, Lead Exposure and Design Considerations for Indoor Firing Ranges (Springfield, VA: National Institute for Occupational Safety and Health, 1975); Brian O'Rourke, "Indoor firing range ventilation system," Heating, Piping, Air Conditioning (October 1992), p. 77. j) About 500 schools nationwide are reported to have rifle teams, although it is not known how many of them use indoor ranges. Frank Eltman, "School rifle teams in spotlight amid spate of school shootings," The Associated Press State & Local Wire, 22 November 1999. k) The National Shooting Sports Foundation advises its members: "Should a range manager be notified that the range may face legal or regulatory action involving environmental issues, they should http://www. vpc.org/ studies/leadone.htm 2/4/2015 21~ VPC -Poisonous Pastime -Section One Page 15 of 15 immediately notify or obtain legal counsel. Because environmental laws and regulations are extremely complex, it is often advisable to enlist the aid of counsel with specific experience in environmental law, particularly with experience in defending shooting ranges." National Shooting Sports Foundation, Environmental Aspects of Construction and Management of Outdoor Shooting Ranges (Newtown, CT: NSSF, 1997), 1-4 (emphasis in original). I) 33 US Code, Sec. 1251, et seq. m) 42 US Code, Sec. 6901, et seq. n) 42 US Code, Sec. 9601, et seq. o) 1996 U.S. Dist. LEXIS 3383 (SONY 1996). p) 38 F. Supp2d 651, 1999 U.S. Dist. LEXIS 1.828 (NDIL 1999). Back to Table of Contents All contents © 2001 Violence Policy Center The Violence Policy Center is a national non-profit educational foundation that conducts research on violence in America and works to develop violence-reduction policies and proposals. The Center examines the role of firearms in America, conducts research on firearms violence, and explores new ways to decrease firearm-related death and injury. http·://www.vpc.org/studies/leadone.htm 2/4/2015 Loaded with lead: How gun ranges poison workers and shooters Page 5 of32 oft.b.:: ~.r: ~0m~BbrwPm~EAD PART dat'lage, (~ental ~sHARE inspected in Washington, nine had ii-'Jpairi-'Jent and death. at least one lead violation. OSHA typically doesn't examine a gun range unless it receives a blood-test report that shows an employee already has been overexposed to lead or unless someone complains. In states such as Washington and California, authorities knew about workers with severe lead poisoning, but failed to inspect the shooting ranges that employed them. In 14 states, federal and state occupational agencies didn't inspect a single commercial gun range from 2004 to 2013, an analysis of OSHA records found. When caught, gun-range owners face few consequences for failing to protect their workers. Fines are reduced. And owners are allowed to keep ranges open while appealing their cases, which can take several years and put employees and customers at continued risk. Washington state and federal workplace regulators have the power to temporarily close a lead-polluted shooting range to protect workers from exposure to high amounts of lead, but have never done so. Several thousand other indoor and outdoor gun ranges in America - most of them casually operated by volunteer-led clubs and sports organizations with little knowledge of lead safety -don't even have to follow OSHA regulations. They aren't subject to any scrutiny because they have no employees. Publicly, the National Rifle Association (NRA) dismisses contentions by health officials that lead is a widespread health and safety problem at http:/ /projects.seattletimes. com/20 14/loaded -with-lead/ 1 I 2/4/2015 22~ Loaded with lead: How gun ranges poison workers and shooters Page 7 of32 :~.v.·arr. th·:;~' r.Rnllmm£fi~EIAIJ~~ at a firing range, even fo~ SHARE members of the general public." The problem of lead exposure need not be part of the debate raging over gun rights in America, said Kentucky firearms instructor Colleene Barnett, who suffered from lead poisoning. "We need people to educate folks," she sajd. "The last thing you need is to stop shooting -and for people to hold lead against shooting as a sport." MARCUS YAM I THE SEATTLE TIMES James Maddox, who made $9 an hour working at Bluegrass Indoor Range in Louisville, Ky., experienced the effects of lead poisoning just six months into the job. "It just feels like someone unplugged me from the wall and I just lost all my power." His doctor warned him that his organs could start shutting down . A heavy diagnosis http:/ /projects.seattletimes.corn/20 14/loaded-with-lead/ 1 I 2/4/2015 Loaded with lead: How gun ranges poison workers and shooters Page 8 of32 Ja.-:Der. MaddoXk@NfJflPWI'HfliAD PART 1 , v ~SHARE range manager in Kentucky, talks I Educate yourself and about himself as two different men: know the risks -it's not the jovial, hardworking man before lead poisoning, and the reclusive, just bullets you need to weakened man after. "I wish I could just show you guys the type of person I was," he said, with tears streaming down his face. watch out for." James Maddox, former gun-range manager in Kentucky For about a year starting in 2006, Maddox and his wife worked at Bluegrass Indoor Range in Louisville. Like many shooting-range workers, Maddox knew little about lead and its damaging capabilities. Daily, he inhaled airborne lead while managing the range and gun shop. Nightly, he swept up casings from spent ammunition in the 12 firing lanes, pushing a broom and kicking up more lead dust. The toxin landed on his skin and sank into his pores. Every breath pushed the poison further into his lungs, blood and bones. He complained to owner Winfield Underwood that catch bins at the end of shooting lanes were overflowing with spent lead bullets, the ventilation system didn't work and workers needed protective gear. Inspectors later discovered the air vents didn't even have filters. "It was just circulating the lead air," said Maddox, who earned $9 an hour. http:/ /projects.seattletimes .com/20 14/loaded-with-lead/ 1 I 2/4/2015 Loaded with lead: How gun ranges poison workers and shooters Page 10 of32 Tbe (:DC '?t?Je~bwfiEtJlwtTfl tEAllh JPlvmlpl~l11.S like organ damage at M WRE as 10 micrograms, though symptoms rarely appear. But OSHA's 36-year-old regulations say employees can have up to six times that amount of lead in their blood before being removed from the work area. The Times found many employees who'd already suffered significant health problems before reaching that threshold. Despite the CDC's concern, OSHA has yet to adopt more stringent lead regulations to protect workers. "OSHA recognizes that exposure to lead is a significant hazard and that our lead standard is outdated," said David Michaels, an assistant secretary for the U.S. Department of Labor. Changing the standard, he added, is highly complex and can take more than seven years. Jafa'les Maddox http:/ /projects.seattletimes.com/20 14/loaded-with-lead/11 2/4/2015 ?.. 2, q Loaded with lead: How gun ranges poison workers and shooters Page 11 of32 ~.1:"'d0.ox, •,vhn s~mwmlfRs iPA~,q., r~turned to work after h~ sHARE assumed Underwood had fixed the lead problems. But when Maddox found not much had changed, he started to alert pregnant women and kids they shouldn't enter the range because of lead exposure. Maddox's wife, who worked throughout the business, also developed elevated levels of lead. They both had enough and quit. "You claimed to care so much for me and my family and you did NOTHING to protect us from this or even try to resolve any further exposure or supply us with the proper safety equipment," Maddox wrote in his April2007 resignation letter. He has advice for range workers: "Educate yourself and know the risks - it's not just bullets you need to watch out for." Underwood, of Lexington, couldn't be reached for comment. Kentucky Labor Cabinet, the state's workplace-safety agency, inspected Underwood's range several times and determined that he had overexposed his employees to lead on a daily basis. The agency hit him with dozens of violations and $461,400 in fines, the highest total amount imposed against a U.S. gun range in the past decade. But in a later settlement with Underwood, the Kentucky Labor Cabinet lowered the fine to $7,200 because of "financial hardship." As with other industries, OSHA and state occupational agencies often reduce fines for gun-range owners, sometimes because they are cooperative or they show an inability to pay. Nationally, the agencies initially fined gun ranges a total of almost $2 million for violations in the past decade, but reduced it to less than half that amount. For ranges that http:/ /projects.seattletimes.com/20 14/loaded-with-lead/1/ 2/4/2o1s t,'3o Loaded with lead: How gun ranges poison workers and shooters Page 13 of32 D~·~ing .!;.Ql~P cq_Wfl)fgiWJflrmtJnoNRMichaels said the appeal pr~~e flawed, pointing to 33 cases in which workers in various industries died while employers contested violations and fines. "The only situation worse than a worker being injured or killed on the job by a senseless and preventable hazard is having a second worker felled by the same hazard," Michaels said. Sen. Patty Murray, D-Wash., and other lawmakers proposed bills in 2013 to require abatement of serious hazards during an appeal, but the bills are languishing in committees. Evan Satterwhite, director of Kentucky's occupational safety and health compliance at the time, said "it's not something we like," but he could do little while Underwood's appeal dragged on. "We're all for the Second Amendment, but he was deceiving employees while exposing them to an unhealthy chemical," Satterwhite said. http:/ /projects.seattletimes.com/20 14/Ioaded-with-Iead/1 I 2/4/2015 Loaded with lead: How gun ranges poison workers and shooters Page 18 of32 Childr::>n who't.tJIA1YfDWJflft~tfe ~Wf ~an&e have been poisoned by le~ SHARE tracked home by parents and others who worked or shot there. READ MORE~ L&I learned the range's owners had no training about safe range operations. One of the owners even used a leaf blower to clean up, and the range employed a pregnant worker. Women can have miscarriages when overexposed to lead. The inspector cited Champion Arms for 15 violations, 13 of them deemed serious, meaning they posed a substantial probability of death or serious physical harm to workers. Fearing Champion Arms would put workers and the public at risk if it stayed open, officials with L&l's Division of Occupational Safety and Health (DOSH) debated whether to shut it down. They could issue an "order and notice of immediate restraint" that forces a business to close until it fixes its problems. DOSH has issued more than 150 such orders since September 2004, though never for a gun range. "This is the worse (sic) indoor firing range DOSH has investigated certainly recently and potentially ever," Christian wrote later in an email to a state lawyer. But L&I management decided not to close it and couldn't explain why. "As a public range with the potential for underage kids using it in addition to adults, in retrospect I wonder at that decision," Christian's email said. http://projects.seattletimes.com/2014/loaded-with-lead/1/ 2/4/2015 231 Loaded with lead: How gun ranges poison workers and shooters · Page 19 of32 J!i aH, CJ:.am-piq_l(lJ'AiltWfill>R~EA>9ld ~resulted in fines up to $3~<iAARE But L&I fined it only $11,200, cutting the owners a break in part for being cooperative. But the owners stopped the clock when they contested the violations to the state Board of Industrial Insurance Appeals, as is their right. Meanwhile, the range stayed open to the public. Finally, in October 2007, Champion Arms agreed to the state's violations and penalties. The range was placed on a six-month payment plan for the fines and promised to fix any outstanding violations in 15 days. L&I allows businesses to essentially police themselves by submitting an "Employer Certification of Hazards Corrected" form. Several months after the settlement, Geiss declared in writing that all violations had been fixed. By then, the range already had missed payments. But L&I didn't immediately check on whether the range had corrected its problems. In May 2008, inspectors received a report that another Champion Arms employee's blood had tested high for lead. Only then did L&I follow up to see if the range really had fixed the hazards. Inspectors were afraid to return to Champion Arms. "I have a concern about entering this location," a supervisor said by email. "There is no evidence that the ventilation system has been fixed." Later that month, inspectors again found rampant violations, including problems uncorrected since the 2006 inspection. Lead dust still contaminated the range's air; table and counter tops still remained coated in lead; and employees still lacked the required protective gear. http:/ /projects.seattletimes.com/20 14/loaded-with -lead/ 1 I 2/4/2015 Loaded with lead: How gun ranges poison workers and shooters Page 20 of32 In carif!S ~n 'Nh.itbAM:tJWlftfffMP-o~ly files false information a~sHARE correcting workplace violations, L&I can pursue criminal penalties. Despite finding that seven of the violations Geiss claimed to have fixed were still uncorrected, L&I issued only more civil penalties. L&I cited Champion Arms for 15 violations in November 2008, including six "Failure to Abate Serious" citations, and fined it $42,400. Once again, Champion filed an appeal in December 2008, halting the state's orders to fix the problems and pay the fines. During the year it took to resolve the appeal, the business kept operating. On Dec. 31, 2009, an industrial appeals judge affirmed all15 violations and the original $42,400 fine against the shooting range. Again, a gun-range manager guaranteed in November 2010 that Champion Arms had finally corrected all outstanding violations. But a few weeks later, after that same manager had been fired, he complained to L&I that Champion still was exposing its employees to lead at unsafe levels. L&I later issued $1o,6oo in fines and 10 more violations. After its fourth inspection of Champion Arms in October 2013, L&I cited it for four more violations, including failing to fully institute a lead- training program for employees -one of the most basic precautions on the books. Through a manager, Geiss declined to comment. Wangsness died earlier this year. In 2012, Washington became only the second state to require employers to correct serious workplace hazards during an appeal. L&I pointed to Champion_Arms as an example when it asked lawmakers for the change. http:/ /projects.seattletimes.com/20 14/loaded-with-lead/11 2/4/2015 Loaded with lead: How gun ranges poison workers and shooters Page 22 of32 sev-~r;JJ f,t?.tef:, tmehl1ffrtno Carolina, Kentucky and Alaska, PART nine gun ranges. Of tlteHARE nine, the state adopted the program. But Alaska workplace-safety officials didn't implement it. inspected four. At least four range workers in that state tested above 25 micrograms. But public-health officials didn't share those test results with regulators because they weren't aware of the program. "But now that you mention it," public-health manager Ali Hamade told The Times, "it's not a bad idea." Some states, like Washington, didn't know about OSHA's lead-emphasis program. In an interview last month, Anne Soiza, L&I's top official for the agency's compliance division, expressed ignorance when asked about OSHA's ongmng program. "I don't know what the directive says," said Soiza, adding she "wasn't here" when OSHA sent it out. L&I has collected thousands of blood test results for lead through its Washington State Adult Blood Lead Epidemiology and Surveillance program. It received notice of 59 employees at nine gun ranges who had lead levels of 25 micrograms or higher in their blood from 2004 through May 2013, according to a Times analysis of a previously unreleased L&I blood-test database. The tally is likely an undercount because workers weren't required to identify their employer. http:/ /projects.seattletimes.com/20 14/loaded-with-Iead/1 I 2/4/2015 Loaded with lead: How gun ranges poison workers and shooters Page 25 of32 KENTUCKY LABOR CABINET .~s ~.:n!i ss 2:o:·. KrlilA~WfBdbLfo\11 wdf~~~-s~ety agency, determined that B~~~E Indoor Range had violated the law by overexposing employees to lead. The owner largely ignored the problems, and in 2011 an inspector tested the Bluegrass range floor, finding lead several hundred times over the acceptable limit for surfaces. Lead-free bullets offer solution, but face industry push back Health experts say there's one surefire way to prevent lead poisoning at shooting ranges: Get the lead out. "As long as they're still using lead bullets, they're creating a hazard," said Dr. James Dahlgren, a Los Angeles-based physician who has treated and studied toxic chemical exposures since 1971. READ MORE"' Lax regulation Federal OSHA officials can't say how many gun ranges have been inspected nationwide, because they can't track them. Ranges have registered themselves under such business categories as "all other amusement and recreational industries," which include bowling alleys and soccer clubs, and "sporting goods stores." One range claimed to be a shoe store, another a locksmith. OSHA handles workplace oversight for most states, but 21 states enforce their own occupational safety and health programs that typically mirror federal regulations. Yet whether under OSHA's or state jurisdiction, regulation of gun ranges is lax. http:/ /projects.seattletimes.com/20 14/loaded-with-lead/ 11 2/4/2015 244 Loaded with lead: How gun ranges poison workers and shooters Page 26 of32 Al:-tsk;Ij I-J-w~ att.9AIJNi.~1Jlft ~EAIJm~~li4 states that have not insp~m~E commercial gun range in the past 10 years. Even when OSHA, the nation's largest workplace-safety enforcer, does take strong action, it sometimes has few consequences. In 2012, OSHA touted a crackdown at Illinois Gun Works, a firing range in Elmwood Park, a Chicago suburb. After federal inspectors found air inside the range contaminated with lead at 12 times allowable levels, the agency cited the range with 27 serious violations and hit it with $111,ooo in fines. OSHA then hyped its enforcement in a widely distributed news release. But since then, Illinois Gun Works has neither paid a dime nor fixed a single violation. Range owner Don Mastrianni, 59, a retired Chicago garbage collector, said he opted against making costly corrections after he learned his landlord was planning to demolish the building that housed his range. Instead, Mastrianni kept the range operating for months before it was torn down in 2013 to make way for a new McDonald's restaurant. Salvagers took no special precautions when hauling off the lead-caked debris. OSHA has since sent the case to collections, but Mastrianni told The Times in March he had no plans to pay. He had kept active the defunct range's business registration, believing that protected him from personal liability. "They can't come after me, they have to go after Illinois Gun Works," he said. "But if Illinois Gun Works don't exist, what are they going to do, go http:/ /projects.seattletimes.com/20 14/loaded-with-lead/1 I 2/4/2015 245 Loaded with lead: How gun ranges poison workers and shooters Page 27 of32 ::a.f:.er ~~f<::·:>:mn.lcf@~IJWWff:RELDlYc~i\lff<l died from a heart attack i~ sHARE April. Another problem is many government agencies collect data from blood tests for lead, but don't share it with occupational regulators. Until recently, Iowa Department of Public Health wasn't allowed to notify state occupational inspectors of gun ranges suspected of overexposing workers. That meant no inspection and no corrective action. "It bothered me," said Kathy Leinenkugel, the coordinator for the Occupational Health and Safety Surveillance Program in Iowa. She also faced political pressure over gun ranges. "If we say to private clubs and retail [gun ranges] you need to make sure you follow OSHA, the push back is the government is trying to take our guns away," she said. "I'm not anti-gun. I want them to do it safely." California's lead problems California is viewed as a leader in fighting lead exposure. Even so, reported contaminations at its gun ranges have increased, though severe poisonings have dropped. In 1986, California lawmakers passed a bill that created one of the nation's first statewide blood-lead registries to track exposures at gun ranges and other workplaces. Five years later, they established a lead-poisoning prevention program within the state's Department of Public Health. The program educates problem shooting-range owners and managers about lead safety. But case workers have no enforcement authority and typically don't conduct on- site investigations, working instead by phone and email. http:/ /proj ects.seattletimes.com/20 14/loaded -with-lead/1 I 2/4/2015 240 Loaded with lead: How gun ranges poison workers and shooters Page 28 of32 Tbey rf\rr;ly reftUMJEfJWI'fHl£1\lP Qallf-prni.a-OSHA for enforceme:r@ SHARE When they do, it's for particularly egregious cases. Cal-OSHA inspected 19 commercial indoor shooting ranges from 2004 to 2013, and fined them nearly $70,000. But enforcement doesn't always mean compliance. Repeat violators remain a problem, records show. And most California ranges have never been inspected. "Overexposure to lead continues to be a serious occupational-health problem in California" gun ranges, Dr. Barbara Materna, occupational- health chief of the California Department of Public Health, said in an email. When The Times asked the health department for public records of gun ranges with lead problems, it refused to provide company names, or even the city where they did business, citing privacy concerns. Vulnerable volunteers Thousands of other gun ranges --:-those run by volunteers or that are members-only clubs -simply aren't monitored for lead problems. With no employees, these ranges are not subject to OSHA inspections and operators often are unaware of the dangers of lead contamination. Bob Godlove and his wife traveled the Midwest, shooting in gun competitions. It was a bond that made their marriage stronger. But their passion for shooting turned toxic. As president of the Linn County Izaak Walton League in Iowa for more than 15 years, Godlove volunteered 20 hours a week, cleaning the gun range and managing the facility. The conservation organization, with http:/ /proj ects.seattletimes .com/20 14/loaded-with-lead/1 I 2/4/2015 241 Loaded with lead: How gun ranges poison workers and shooters Page 32 of32 lOADED WITH lEAD PART 1 v [!! SHARE Part 2: Bellevue. range poisoned dozens ) Comments Please keep the conversation civil and help us moderate this thread by reporting any abuse. See our commenting FAQ. Powered by Livefyre Copyright © 2014 The Seattle Times http:/ /projects.seattletimes.com/20 14/loaded-with-lead/ I/ 2/4/2015 25'1 Planning Commission Minutes February 18, 2015 Page 9 that is allowed. Ms. Mobaldi stated she really wanted to focus everyone back on what the Commission is here to determine tonight which is whether or not there was a basis for his decision. Other people may disagree, other people may come to a different conclusion. That does not necessarily mean that, from a legal standpoint, his decision is arbitrary and not supported by evidence. Commissioner Montgomery agreed but stated he has to go down the road of why the city planner conside~red this use as unique and weigh that based on feeling if that is still arbitrary or in error. Mr. Mobaldi clarified that another example that was given in addition to a pool, an ice rink and a go kart facility, was a gym. The gym is a line item in the code and specifically listed so that particular example is not relevant to the inquiry being made this evening. Commissioner Montgomery stated that it is important for him to understand exactly where the Planning Division lands, where exactly they evaluate, where they felt uniqueness was, and then he needed to decide himself if in fact there is a basis there for the city planner to make this decision or if there is an error. Ms. Mobaldi clarified that it really is not the entire department; it is the city planner as an individual that is making the determination. Commissioner Black asked if Mr. Neu based his decision primarily on the alleged hazardous condition of a shooting range and the lead in the air. Mr. Neu stated no. Mr. Neu commented that more than anything the code lists quite a number of uses so it is pretty rudimentary that if it is not in there, typically the use is not permitted. There is that next step as he previously mentioned about trying to find it within a general category. Mr. Neu added that it was his opinion that the use not being listed that it was not permitted in the zone. Commissioner Black asked Mr. Neu when he made this consideration if he looked at the idea of recreation. Mr. Neu stated yes. Commissioner Black commented that he believes everyone can look at a shooting range as a place for recreation but in Mr. Neu's mind it was recreation along with the previously stated potential hazards to come up with the conclusion as he did. Mr. Neu stated that was what pushed it to the direction that it was different than things that have been discussed this evening already that might get lumped into that broader category. Commissioner Black asked even understanding that a lot of these things are mitigated when they are built, to follow OSHA and the rules of the state and federal laws that apply to ventilation. Mr. Neu stated yes. Chairperson Scully asked if there were any further questions of staff. Seeing none, she asked if the applicant wished to make a presentation. Mike Howes, Howes Weiler Associates, 2888 Loker Ave West, Carlsbad, representing the applicant, gave a brief presentation and stated he would be available to answer any questions. Chairperson Scully asked if there were any questions of the applicant. Commissioner Montgomery asked the applicant to describe the amenities that will be inside this proposed shooting range. Mr. Howes stated it will be a state-of-the-art facility with 17 lanes and rooms for classes. Chairperson Scully reminded the Commission to stay on point and focus on what will be voted on which is the city planner's determination. Chairperson Scully proposed to the Commission that the time limit for speakers during public testimony be reduced to 3 minutes. The Commission voted 6-0 to allow 3 minutes per speaker. Lisa Gunther, the project applicant, gave a brief presentation on the item. Chairperson Scully opened public testimony on Agenda Item 3. The following speakers spoke in favor in the project: Matthew Snyder, 1726 Bluewater Lane, San Marcos Bryan Scott, 4025 Park Drive, Carlsbad Walter Brown, 1434 Temple Heights Drive, Carlsbad Scott Morgan, downtown San Diego Planning Commission Minutes February 18, 2015 Page 13 conditional uses, staff needs to go through the compatibility analysis to make sure the projects are conditioned in such a way they do not negatively impact the neighboring land uses, and if they cannot be conditioned in that manner then they will not be allowed. Commissioner L'Heureux stated that if they are listed in the table it is almost like they are deemed compatible. Mr. Neu stated yes. Commissioner L'Heureux stated if they are not listed, then the question becomes can they be made compatible through the conditional use permit process. Mr. Neu stated yes or there are other uses that are listed specifically as conditional uses that staff would need to apply certain limitations or operating requirements on to make them compatible. Commissioner Segall asked Mr. Neu if it could be stated that the use could be compatible in other zones but not necessarily in the P-M zone. Mr. Neu stated that typically the way the code is structured, uses are placed in zones where they will be compatible or at least conditionally compatible. If the use is not listed there is usually some reason for it; either the compatibility issues or what the zone is there to accomplish would not be fulfilled by having those land uses. For example there might not be residential uses in the industrial zone because of the incompatibility between the living environment and manufacturing. DISCUSSION Commissioner Segall stated that based on the limited area of discretion the Planning Commission has tonight, he cannot make a finding that the city planner made an error or abused his authority in his decision making. From what he has heard and from reading the report, it sounds like the decision he made at the time he made it, it was with the information that he had at the time, and he will rule in favor of the denial based on the fact that he does not believe the city planner abused or made an error in his decision. Commissioner Montgomery stated he has struggled with this mostly to due to the fact that the Commission is being asked to rule one way or another on such a narrow point. He commented that if the Commission is afraid to take stands on things of this nature, the city planner in theory could be faced with these without a check of the system. Commissioner Montgomery commented that he feels government needs to have checks in the system and there needs to be air of fairness in going about this. This strikes him as being strong-armed a little bit. In reviewing the application and in listening to the speakers, Commissioner Montgomery believes the city planner was arbitrary in his decision, that there was an error made specifically in his risk evaluation; he believes that was arbitrary. He believes that sometimes, as individuals we have such differing backgrounds of experience that we cannot possibly apply fairness or knowledge in all aspects without the balance of the rest of the people. Commissioner Montgomery stated that he thinks with experience or lack of experience in particularly this type of area, the uniqueness that Mr. Neu states would be eliminated and that he would have considered this as a recreational facility. He stated his is in favor of putting forth a motion to grant the appeal and to deny the resolution of the city planner. Commissioner Black first thanked the public for their participation in the meeting. He commented that it is a tremendous showing, and great for public involvement. Commissioner Black stated he is going to vote no on the resolution which means he would agree with the appellant in their appeal. He explained that part of the reason was already explained in a very articulate manner that the idea of uniqueness is not something that applies to what is being discussed at tonight's meeting. The Model Twas unique in its day. Cars are not unique anymore saying that there are only 6 shooting galleries, shooting ranges indoor or outdoor, in the county does not mean that two or three years from now there will not be 10 or 20 in the county thereby it will not be unique anymore, in that sense, in your definition. Commissioner Black further commented that he has known the city planner for a number of years now and he trusts him in he would say every other occasion, and he trusts staff in every other occasion other than this occasion. He cannot see a shooting range being anything other than recreational, instructional involved with training, much like a gym is involved with training. The city now has a gym where professionals can come in to be trained so they can be hired. Commissioner Black stated he thinks the city planner was in error; he would not say he was in any way abusing his position. He just feels the city planner was in error, and because of that, he will vote for the appeal and against the resolution. Commissioner L'Heureux also thanked everyone who took the time out of their busy schedules to be in attendance. The Commission appreciates the input, and commented this is how democracy works. He stated this is a difficult decision, because again, the basis is so narrow of what the Commission is empowered to rule on and that makes it very difficult for people, including himself, to get his arms around to understand what it is the Commission is doing. Never the less, when he read the staff report and listened to the comments from the city planner, it states in the staff report the decision was based that an indoor Z&o Planning Commission Minutes February 18, 2015 Page 14 shooting range is unique since it is not exclusively used for recreational purposes, among other things. Commissioner L'Heureux commented that he believes the safety concern portion of the city planner's determination, those kind of things can be mitigated and that is the reason the city has the conditional use process to begin with is to take a use that is maybe not necessarily specified in the code and see if it can be made compatible through conditions. One of the things he found persuasive from the testimony tonight was the fact that other cities that have this type of a use have it in their Planned Industrial types of zones, and as one speaker said if it is not located there, where should it be located, assuming you are going to have it somewhere in your city. You are certainly not going to put it in a residential area; you are not going to put it in a number of other places. So in all probability it is going to be in the Planned Industrial or Manufacturing area, and in Carlsbad it would be in the Planned Industrial zone. So then the question is in making the determination that the city planner made, is that supportable, and he stated he is having a real difficult time in grasping or in wrestling with the fact that other cities, and unless they have it specifically listed in their zoning ordinance as an allowed use, he is going to make the assumption, and he can be very wrong, that they probably do not, and they probably face similar situations to what the Commission is facing right now, and that they have allowed them in similar zones. He thinks that tends to tell him that again other professionals perhaps disagree with our city planner's determination and they find that they can be either made compatible or that they are not so unique or so unusual that they should be denied from the Planned Industrial zoning. Commissioner L'Heureux stated he believes it was an error, not an abuse of discretion and he will vote to uphold the appeal. Commissioner Anderson stated she echoes her fellow Commissioners in the appreciation that the Commission feels for the public coming out and taking the time to be at the meeting and voicing their opinions. It is great to get so much public opinion because the Commission is there to make the city the best they can. With that being said, when she reads the code what she reads is that" ... it allows the location of business and light industry engaged primarily in research or testing, compatible light manufacturing, and business and professional offices with certain commercial and retail uses which cater to, support, or are accessory to the primary uses allowed in this zone when found to be compatible with the P-M zone. It does not guarantee that something that is recreational is allowed in there. That is a discretionary thing that she will support the city planner. He has been charged by the City Council to use his best judgment in what he believes is in the best interest of the city and he did not believe that this particular use was found to be compatible in this particular instance. It is unfortunate as someone pointed out that this was always intended to be an indoor shooting range because that was not in the original application for the gun store and not part of what anybody thought was the intent as far as what the Commission heard. Commissioner Anderson stated she supports Mr. Neu and she supports denying the appeal. She does not feel Mr. Neu was arbitrary; she believes he used his best judgment in his interpretation of the city's code. Chairperson Scully sincerely thanked everyone and commented that the Commission appreciates everyone for coming out and speaking at tonight's meeting. It has been a very illuminating meeting listening to everybody, and the range and scope of the people that this has transgressed across she thinks is very interesting and is good for the Commission to see. Unfortunately whether or not there will be a shooting range is not what the Commission is debating tonight. It is whether or not the city planner abused his determination. As long as she has been on the Commission and as long as she has tried to be involved with the city, Mr. Neu, as far as she has seen, has always tried to balance and to look at things from all sides and is very literal when it comes to the city's codes, and is very specific when it comes to the city's codes. Commissioner Scully feels he does not deny anything unless he truly believes that it is against the code. She commented that she can think of maybe two or three items in about 5 years that have been denied by Planning, specifically by the city planner. With that she believes he has made the correct decision in denying this. She believes the codes support that, and the use is not listed in the code and it is not a permitted use. Chairperson Scully stated she will be voting to accept the denial of the appeal. Chairperson Scully asked if there was any further discussion by the Commission. Commissioner Segall asked Ms. Mobaldi what a tie vote means. Ms. Mobaldi stated it is a denial in this scenario because if Commissioner Siekmann were just on vacation or something and she were to come back, the item would be continued until the next meeting and then have the entire Commission vote and that could break the tie. But since she has recused herself that will not happen so a tie vote in this situation is a denial. The applicant can appeal the decision up to the City Council. The appeal process is the city's check on the individual's determination. Encl. Chapter 2.24 of the CMC Notice ofDecision letter dated February 19,2015 Resolution No. 7087 Planning Commission Hearing Materials February 18, 2015 Mr. Neu Dated December 23, 2014 Cc: Mayor Matt Hall Mayor Pro Tern Keith Blackburn Council Member Mark Packard Council Member Lorraine Wood Council Member Michael Schumacher Steve Sarkozy, City Manager Celia A. Brewer, City Attorney Leslie E. Devaney, Stutz Artiano Shinoff & Holtz (via emaiT) Howes Weiler & Associates (via emaiT) PageSofS Z7D MCUP 14-17-GUNTHER'S GUNS SHOOTING RANGE-APPEAL OF A CITY PLANNER DETERMINATION February 18, 2015 Pa e 4 ATIACHMENTS: 1. Planning Commission Resolution No. 7087 2. Location Map 3. Disclosure Statement 4. Correspondence from City Planner, dated December 23, 2014 5. Appeal from appellant, dated December 31, 2014 6. Petition in support of shooting range 7. Correspondence received in support of shooting range 8. Centers for Disease Control and Prevention, Indoor Firing Ranges and Elevated Blood Levels, April 25,2014 9. National Shooting Sports Foundation, Lead Management & OSHA Compliance for Indoor Shooting Ranges 10. Poisonous Pastime, The Health Risks of Shooting Ranges and Lead to Children, Families, and the Environment 11. Seattle Times, Loaded with Lead, October 17, 2014 12. Point Blank, Lead Hazards at Indoor Firing Ranges, May, 2008 281 February 5, 2015 Beverly Geister 2537 Nav8.1Ta Dr. Unit AI 0 Carlsbad, CA 92009 Carlsbad Planning Commission MCUP 14-17 Gunther's Guns "Range 760" Dear Commissioners: City of Carlsbad FEB 0.9 2015 Planning Division Think for a moment about the rioting we've seen on TV. What if that happens here in our fair city? As a 73 year old single female living alone I feel the need to protect myself in the scary, precious minutes while waiting for the police to arrive in the event of an emergency. This is assuming that I've had the chance to dial 911. What I' 11 require before I can defend myself is safety training at my local recreational shooting range and plenty of it. Gunther' s Guns is a classy store. I have no doubt that their Range 760 would be run in much the same way with their upscale clientele. Gunther's are all about training and safety for recreational target shooting. Archery and martial arts can be used for self-defense or as a recreational sport. It is my considered opinion that target shooting to be in the same category. How much revenue/taxes can such a business generate? There are approximately 300 million privately owned firearms in the U.S. About 40 -45% of American households own firearms. Over 40 million Americans enjoy recreational shooting as do the U.S. Olympic Team the USA National Junior Olympic Shooting Team the Schoolastic Shooting Sports Foundation and Boy Scouts of America. Now how can you argue with that? 313 Shannon Werneke From: Sent: To: Subject: ~·· ... ·---············-···--·-~ ........ . ...... ~---·---·--·--·--·--·····---·-·--·· .. ·-·---- ) Bryan Scott <scott.bryan.p@gmail.com> Sunday, February 08, 2015 7:28 PM Shannon Werneke Gunther's indoor range I support the indoor range by Gunther's guns. Bryan Scott 4025 Park Dr. Carlsbad, CA 760~434-6619 1 377 Shannon Werneke S:rom: Sent: To: Subject: Glenn Rosuck <glennrosuck@gmail.com> Saturday, February 07, 2015 8:50 AM Shannon Werneke Gunthers Guns Shooting Range Carlsbad Planning Commission 1635 Faraday A venue Carlsbad, CA 92008 RE: MCUP 14-17-GUNTHER'S GUNS SHOOTING RANGE Dear Commissioners: As a resident of Carlsbad, I am requesting that you please approve the appeal of the Carlsbad Planning Department's decision that a controlled indoor shooting range cannot be considered a recreational use. I as well as many others consider shooting at an indoor range as a recreational opportunity that is currently lacking in Carlsbad. It is our understanding that if an indoor shooting range was classified as a: recreational use it would be permitted subject to-administrative approval of a Minor Conditional Use Permit in the P-M Zone. It is disappointing to me that staff can find that an ice skating rink, children's swimming facility and indoor go kart track can be considered as recreational facilities while an indoor shooting range cannot be considered a recreational facility. I d.o not ice skate or drive go-carts, but I do enjoy recreational shooting. I have enjoyed recreational shooting for many years and would appreciate having a high quality facility in Carlsbad. An indoor range would offer a recreational opportunity that currently does not exist in Carlsbad. I respectfully request that you uphold the appeal of staffs position and make the determination that in indoor shooting range is recreational use, which would be allowable at 2717 Loker Avenue in Carlsbad's PM zone subject to approval of a Minor Conditional Use Permit. Sincerely, Glenn Rosuck 4505 Coastline Ave Carlsbad, CA 92008 1 373 Shannon Werneke From: Sent: To: Subject: Attachments: joe1dad <joeldad@yahoo.com> Tuesday, February 03, 2015 10:21 AM Shannon Werneke Gunther Gun gun club pi ann ing-commission-non-resident2-l.pdf I am in Favor of Gunther Guns gun club proposal. Joseph Welch 2110 Loquat Pl. Oceanside Ca. 92054 Sent from my Verizon Wir~less 4G L TE smartphone 1