HomeMy WebLinkAbout2015-09-01; City Council; 22078; Initiate Amendment Allow Indoor Shooting RangesCITY OF CARLSBAD - AGENDA BILL
AB# 22,078 RESOLUTION OF INTENTION TO INITIATE A
ZONING ORDINANCE AMENDMENT TO ALLOW
INDOOR SHOOTING RANGES IN THE CITY
DEPT. DIRECTOR ^
MTG. 09/01/2015
RESOLUTION OF INTENTION TO INITIATE A
ZONING ORDINANCE AMENDMENT TO ALLOW
INDOOR SHOOTING RANGES IN THE CITY
CITY ATTORNEY fl^
DEPT. CED
RESOLUTION OF INTENTION TO INITIATE A
ZONING ORDINANCE AMENDMENT TO ALLOW
INDOOR SHOOTING RANGES IN THE CITY CITY MANAGER
RECOMMENDED ACTION:
Adopt Resolution No. 2015-230 approving a Resolution of Intention to initiate an amendment to
the zoning ordinance to allow indoor shooting ranges in the Planned Industrial (P-M) Zone with approval
of a conditional use permit and subject to other appropriate use regulations, such as operational
standards and distance buffers.
ITEM EXPLANATION:
At the May 5, 2015 City Council meeting, the council considered the appeal ofthe Planning Commission's
denial of a proposed shooting range. During the council's discussion, councilmembers indicated a desire
to consider if and where shooting ranges may be appropriate to allow in the city. The information
presented in this agenda bill describes staff's recommendation should the council choose to initiate an
amendment to the city's zoning ordinance to allow indoor privately owned shooting ranges that are open
to the public.
Currently, the city's zoning ordinance does not list indoor shooting ranges as a permitted or conditional
use in any zone or provide a process for review and approval of indoor shooting ranges. At its May 5, 2015
meeting, the City Council found that a shooting range is not classified as a recreational facility for zoning
ordinance purposes and thus the use was not expressly provided for in any zone. To allow indoor shooting
ranges in Carlsbad, a zoning ordinance amendment is necessary.
Should council direct an amendment to the zoning ordinance to allow indoor shooting ranges, staff has
prepared a resolution of intention to initiate this process. Staff recommends that the zoning ordinance
allow indoor shooting ranges in the P-M zone with approval of a conditional use permit (CUP) and other
appropriate use regulations, such as operational standards and distance buffers from sensitive uses.
While some cities don't require use regulations for a shooting range CUP, staff recommends the additional
clarity provided by the regulations for any possible change in the ordinance.
Staff considered allowing indoor shooting ranges in the M zone, but is not recommending this at this time
for the following reasons. Most uses that currently exist in the M zone are industrial or office uses, the
M zone regulations contain a provision that allows any use that is permitted in the commercial zones (C-
1, C-2, C-L and C-M) to be permitted in the M zone (except child day care centers). Indoor shooting ranges
may not be compatible with commercial uses. Staff plans to review and possibly recommend removal of
DEPARTMENT CONTACT: Don Neu 760-602-4601 don.neu@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED CONTINUEDTO DATE SPECIFIC •
DENIED • CONTINUEDTO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
Indoor shooting ranges
September 1,2015
Page 2 of 3
the provision which allows uses that are permitted in the commercial zones to be permitted in the M
zone as part ofthe upcoming comprehensive zoning ordinance update, and indoor shooting ranges could
be considered as a conditional use at that time. If and when commercial uses are removed from the M
zone, staff may recommend inclusion of shooting ranges in the M zone, but only when there is not a
commercial use within an established buffer distance of a shooting range. This would keep shooting
ranges from being built in an area with a grandfathered commercial use.
In regard to use regulations, as part of the zoning ordinance amendment, staff recommends that
appropriate regulations be established to ensure public safety and compatibility with surrounding uses.
To minimize the potential for compatibility problems with certain uses, distance buffers could be
established that would require an indoor shooting range to be located a minimum distance away from
sensitive uses such as schools, parks or residential areas. Operational standards could be used to establish
a minimum threshold for safety, environmental quality and other issues within an indoor shooting range.
Examples of possible operational standards are:
• Hazardous waste disposal plan
• Safety protocol requirements
• Hours of operation
• Parking
• Armoring of the building walls
• Exterior noise mitigation
• Air ventilation and filtration
• Lead disposal for bullets
Should the City Council direct staff to initiate a code amendment, staff will finalize research based on City
Council direction and prepare a draft. This will be followed by environmental review and public comment.
Under Carlsbad Municipal Code 21.52.050(A)(1) the Planning Commission must review the ordinance and
prepare a recommendation to Council. It can then be brought to the council for consideration.
For additional information on shooting ranges in San Diego County, please see Exhibit 2.
FISCAL IMPACT:
This is an information report and the only associated fiscal impact is the cost of staff time to prepare the
report and provide it to the City Council. Ifthe resolution of intention is approved, there will be additional
staff time to prepare the zoning ordinance amendment.
ENVIRONMENTAL IMPACT:
Pursuant to public Resources Code Section 21065, this action does not constitute a "project" within the
meaning of CEQA in that it has no potential to cause either a direct physical change in the environment,
or a reasonably foreseeable indirect physical change in the environment, and therefore does not require
environmental review. If the resolution of intention is approved, the subsequent zoning ordinance
amendment will undergo environmental review.
EXHIBITS:
1. Resolution No. 2015-230
Indoor shooting ranges
September 1,2015
Page 3 of 3
2. Information sheet: Shooting ranges in San Diego County
3. Map of Carlsbad's industrial zones
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RESOLUTION NO. 2015-230
3 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, DECLARING ITS INTENTION TO INITIATE A ZONING
4 ORDINANCE AMENDMENTTOALLOW INDOOR SHOOTING RANGES
IN THE PLANNED INDUSTRIAL ZONE (P-M) WITH APPROVAL OF A
CONDITIONAL USE PERMIT AND SUBJECT TO OTHER APPROPRIATE
g USE REGULATIONS, SUCH AS OPERATIONAL STANDARDS AND
DISTANCE BUFFERS.
The City Council ofthe City of Carlsbad, California, does hereby resolve as follows:
Pursuant to Chapter 21.52 of the Carlsbad Municipal Code, the City Council of the
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City of Carlsbad hereby declares its intention to initiate an amendment of Title 21 ofthe Carlsbad
11 Municipal Code (Zoning Ordinance) to:
12 Allow indoor shooting ranges in the Planned Industrial (P-M) Zone
with approval of a Conditional Use Permit and subject to other
appropriate use regulations, such as operational standards and
distance buffers.
15 The City Planner is directed to initiate said amendment and after appropriate
16 study and preparation ofthe amendment set the matter for public hearing before the Planning
Commission and this City Council.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 1** day of September, 2015, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Schumacher, Wood, Packard.
None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON; City Clerk
Exhibit 2
INFORMATION SHEET
SHOOTING RANGES IN SAN DIEGO COUNTY
Introduction
The purpose of this memo is to provide overview information on the topic of indoor shooting
ranges and how other jurisdictions regulate the use. At the May 5, 2015 City Council meeting,
the council considered the appeal ofthe Planning Commission's denial of a proposed shooting
range. During the council's discussion, councilmembers indicated a desire to consider if and
where shooting ranges may be appropriate to allow in the city. The information presented in this
memo pertains to indoor privately owned shooting ranges that are open to the public for a fee.
The primary zoning issue for Carlsbad is that the zoning ordinance does not list indoor shooting
ranges as a permitted or conditional use in any zone or provide a process for review and approval
of indoor shooting ranges. The City Council found that a shooting range is not classified as a
recreational facility for zoning ordinance purposes and thus was not expressly provided for in any
zone.
Where are nearby shooting ranges?
Carlsbad does not currently have a shooting range (indoor or outdoor) that is open to the
public. The communities with public indoor shooting ranges (and the number within each
community) in the San Diego County area are listed below:
Oceanside (1)
Poway (2)
Kearny Mesa (2)
San Diego (2)
Santee(1)
El Cajon (1)
The City of San Marcos currently has an application on file to construct an indoor shooting range.
The communities with public outdoor shooting ranges (and the number within each community)
in the San Diego County area are listed below:
Escondido (1)
Pala Indian Reservation (1)
Rainbow (1)
San Diego (1)
Lakeside (1)
El Cajon (1)
Lemon Grove (1)
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• Ranchita (1)
• Dulzura (1)
How is the use regulated in other jurisdictions?
What permits are required?
In the establishment of an indoor shooting range, the two most common methods of permitting
the use are as follows:
• By right - ifthe use meets certain applicable standards, the city exercises no discretion in
approval ofthe use.
• Conditional Use Permit (CUP) - where the Planning Commission or other decision-making
body makes findings and has discretion over approval ofthe use.
Locally, Oceanside, Vista, Poway, Chula Vista and Murrieta require a CUP and Santee and San
Diego allow the use by right. San Marcos is preparing a zoning ordinance amendment which
proposes to allow the use with a CUP.
Some cities consider indoor shooting ranges to be a commercial recreation use. Carlsbad's zoning
ordinance does not list commercial recreation as a permitted or conditional use in any zone, nor
does it provide a process for review and approval ofthis use.
Where is the use allowed?
Many cities, including San Marcos if it adopts the zoning proposal under review, allow the use in
light industrial, industrial and manufacturing types of zoning districts. Some cities allow the use
in commercial zones.
Several years ago, the City of Murrieta passed a zoning ordinance amendment that allowed the
use, subject to approval of a CUP, in its Business Park Zone and its General Industrial Zone. It also
established requirements for operational standards and distance buffers from sensitive land uses
that include schools, parks, residential zones, establishments that sell alcoholic beverages and
other shooting ranges. The City of Oceanside considers shooting ranges to be a "regulated use,"
and all regulated uses have buffer requirements similar to the City of Murrieta's ordinance.
How are indoor shooting ranges regulated in other jurisdictions?
Based on staff's initial analysis, most jurisdictions that permit indoor shooting ranges allow
them in light industrial, industrial and manufacturing types of zoning districts. Some cities allow
the use in commercial zones.
The most common permit used is the conditional use permit (CUP), which gives the city
discretion over approval of the use and the ability to apply conditions. Some cities allow the use
by-right, which means that no discretion is exercised by the city if certain predetermined
criteria can be met.
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• Ranchita (1)
• Dulzura (1)
How is the use regulated in other jurisdictions?
What permits are required?
In the establishment of an indoor shooting range, the two most common methods of permitting
the use are as follows:
• By right - if the use meets certain applicable standards, the city exercises no discretion in
approval ofthe use.
• Conditional Use Permit (CUP) - where the Planning Commission or other decision-making
body makes findings and has discretion over approval ofthe use.
Locally, Oceanside, Vista, Poway, Chula Vista and Murrieta require a CUP and Santee and San
Diego allow the use by right. San Marcos is preparing a zoning ordinance amendment which
proposes to allow the use with a CUP.
Some cities consider indoor shooting ranges to be a commercial recreation use. Carlsbad's zoning
ordinance does not list commercial recreation as a permitted or conditional use in any zone, nor
does it provide a process for review and approval ofthis use.
Where is the use allowed?
Many cities, including San Marcos if it adopts the zoning proposal under review, allow the use in
light industrial, industrial and manufacturing types of zoning districts. Some cities allow the use
in commercial zones.
Several years ago, the City of Murrieta passed a zoning ordinance amendment that allowed the
use, subject to approval of a CUP, in its Business Park Zone and its General Industrial Zone. It also
established requirements for operational standards and distance buffers from sensitive land uses
that include schools, parks, residential zones, establishments that sell alcoholic beverages and
other shooting ranges. The City of Oceanside considers shooting ranges to be a "regulated use,"
and all regulated uses have buffer requirements similar to the City of Murrieta's ordinance.
How are indoor shooting ranges regulated in other jurisdictions?
Based on staff's initial analysis, most jurisdictions that permit indoor shooting ranges allow
them in light industrial, industrial and manufacturing types of zoning districts. Some cities allow
the use in commercial zones.
The most common permit used is the conditional use permit (CUP), which gives the city
discretion over approval ofthe use and the ability to apply conditions. Some cities allow the use
by-right, which means that no discretion is exercised bythe city if certain predetermined
criteria can be met.
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Indoor Shooting Ranges
Resolution of Intention
Don Neu
Sept. 1, 2015
Background
•At the May 5, 2015 City Council meeting:
–Council considered the appeal of the Planning Commission’s denial of
a proposed shooting range
–Councilmembers indicated a desire to consider if and where shooting
ranges may be appropriate to allow in the city
2
Zoning Ordinance Issue
•For indoor shooting ranges:
–Not listed as a permitted or conditional use in any zone
–No process for review and approval
–Not classified as a recreational facility for zoning purposes
•To allow indoor shooting ranges, an amendment is necessary
3
Recommendation
•Allow indoor shooting ranges:
–In the P-M Zone
–Subject to approval of a conditional use permit (CUP)
•Establish regulations for safety and compatibility
–Operational standards
–Distance buffers
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RDocument Path: J:\RequestsMarch2015\ComEconDev\Planning\0008169_15\IndustrialCorridorSlide.mxd
Carlsbad Industrial Corridor - Zoning DesignationsCarlsbad Industrial Corridor - Zoning Designations
Bressi Ranch
Industrial Area
Recommendation Continued
•In regard to the M Zone
–Current regulations allow commercial uses
•Comprehensive Zoning Ordinance Update
–M Zone regulations that allow commercial uses to be reviewed
–Indoor shooting ranges could be considered as a conditional use at
that time
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Recommendation Continued
•Adopt Resolution No. 2015-230, approving a Resolution of
Intention to initiate an amendment to the zoning ordinance to
allow indoor shooting ranges in the Planned Industrial (P-M)
Zone with approval of a conditional use permit and subject to
other appropriate use regulations, such as operational
standards and distance buffers.
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