HomeMy WebLinkAbout2015-12-15; City Council; 22171; MCA 15-03/ZCA 15-03/LCPA 15-04 Indoor Shooting Range Code AmendmentCITY OF CARLSBAD AGENDA BILL 10
AB# 22,171 MCA 15-03/ZCA 15-03/LCPA 15-04 — INDOOR
SHOOTING RANGE CODE AMENDMENT
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER
MTG. 12/15/2015
vaim DEPT. CED
RECOMMENDED ACTION:
1. Adopt Resolution No. 2015-311 , adopting findings to determine that the project is within the
scope of the previously certified General Plan Environmental Impact Report (EIR 13-02) and approving
Local Coastal Program Amendment (LCPA 15-04) by amending the Zoning Ordinance per Zoning
Ordinance Amendment (ZCA 15-03); and
2. Introduce Ordinance No. CS-290 , approving a Municipal Code Amendment (MCA 15-03) and a
Zoning Ordinance Amendment (ZCA 15-03) to add "indoor shooting ranges" as a conditionally
permitted use in the Planned Industrial (P-M) Zone and to establish development and operational
standards for indoor shooting ranges.
ITEM EXPLANATION:
For a full background and project description, please see Planning Commission Staff Report dated
November 4, 2015 (Exhibit 5).
At the November 4, 2015 Planning Commission meeting, the Planning Commission considered the Indoor
Shooting Range Code Amendment. After hearing the staff presentation and public comments, the
Planning Commission discussed the amendment, provided direction to staff to research and make a
variety of changes related to zoning and operational standards and continued the meeting to November
18, 2015. The Planning Commission's direction to staff and related ordinance revisions are described in
the Planning Commission Staff Report dated November 18, 2015 (Exhibit 5).
At the November 18, 2015 Planning Commission meeting, the Planning Commission recommended
approval of the ordinance as presented in the November 18, 2015 staff report, with the following
modification. To better mitigate and measure the type of noise generated by an indoor shooting range,
the commission recommends that the noise standard method of measurement be based on a peak event
(i.e. a gunshot within the range), rather than an hourly average decibel level as staff proposed in the draft
ordinance. The commission's recommended change has been incorporated into the ordinance that is
attached to this agenda bill as Exhibit 1 (see pages 8 and 9 of the draft ordinance).
FISCAL IMPACT:
The only anticipated fiscal impact is from staff time required to complete the Zoning Ordinance
amendment and Local Coastal Program amendment.
DEPARTMENT CONTACT: Corey Funk 760-602-4645 corey.funk@carlsbadca.goy
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED VI: CONTINUED TO DATE SPECIFIC 0
DENIED 0 CONTINUED TO DATE UNKNOWN 0
CONTINUED 0 RETURNED TO STAFF 0
WITHDRAWN 0 OTHER — SEE MINUTES
AMENDED 0 Approved as amended, see Minutes for details
Indoor shooting range code amendment
December 15, 2015
Page 2 of 2
ENVIRONMENTAL IMPACT:
In accordance with CEQA Sections 15162 and 15168, the proposed Zoning Ordinance amendment is a
subsequent activity of the General Plan, for which a program EIR was prepared (EIR 13-02) and no new
environmental document is required. Pursuant to CEQA Section 15168, a notice for the activity has been
given, which includes statements that this activity is within the scope of the program approved earlier,
and that the program EIR anticipates the activity for the purposes of CEQA. The General Plan EIR
evaluated the environmental effects of the General Plan policies and regulations, and of the full buildout
of the city at a programmatic level.
The proposed Zoning Ordinance amendment involves the issuance of rules and regulations used to
implement the General Plan and govern the conduct of that continuing program. The proposed Zoning
Ordinance amendment will add the "indoor shooting range" use to the list of uses allowed in the P-M
Zone and will establish development and operational standards for indoor shooting ranges. It is not a
substantial change to the conditions analyzed in the previous EIR, it does not result in new circumstances
that will require major revisions of the previous EIR due to new significant environmental effects or a
substantial increase in the severity of a previously identified significant effect, and it does not present
new information of substantial importance that was not known at the time the previous EIR was certified.
Pursuant to CEQA, no new effects could occur with the Zoning Ordinance amendment that were not
adequately evaluated in the General Plan EIR, and no new mitigation measures will be required. The
attached City Council and Planning Commission resolutions include findings of prior compliance with EIR
13-02 pursuant to CEQA. A Notice of Determination will be filed should the City Council adopt the findings
of prior compliance with EIR 13-02 and approve the proposed Zoning Ordinance amendment.
PUBLIC NOTIFICATION:
Information regarding public notifications of this item such as mailings, public hearing notices posted in
the newspaper and on the city website are available in the Office of the City Clerk.
EXHIBITS:
1. City Council Ordinance No. CS-290 (ZCA 15-03)
2. City Council Resolution No.2015-311(LCPA 15-04)
3. Comments received after November 18, 2015
4. Planning Commission Resolution No. 7133
5. Planning Commission Staff Report dated November 18, 2015
6. Draft Planning Commission minutes dated November 18, 2015
7. Draft Planning Commission minutes dated November 4, 2015
EXHIBIT 1
ORDINANCE NO, CS-290
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A MUNICIPAL CODE
AMENDMENT AND A ZONING ORDINANCE AMENDMENT TO
ADD "INDOOR SHOOTING RANGES" AS A CONDITIONALLY
PERMITTED USE IN THE PLANNED INDUSTRIAL (P-M) ZONE
AND TO ESTABLISH DEVELOPMENT AND OPERATIONAL
STANDARDS FOR INDOOR SHOOTING RANGES.
CASE NAME: INDOOR SHOOTING RANGE CODE
AMENDMENT
CASE NO.: MCA 15-03/ZCA 15-03/LCPA 15-04
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION 1: That Section 8.16.010 (Discharge prohibited—Exceptions) is
amended as follows:
No person shall, without first obtaining permission from the chief of police, shoot
or discharge any pistol, rifle, gun or other firearm, not necessary in self-defense, or in
performance of official duty, within the city, unless at a legally permitted indoor shooting
range.
SECTION 2: That Section 8.16.020 (Permit to discharge firearms) is
amended as follows:
Any person who wishes to discharge firearms referred to in Section 8.16.010 shall
make written application to the chief of police for a permit, unless at a legally permitted
indoor shooting range. Such application shall state the date on which the firearms shall be
fired, the number of rounds to be fired, the place where the firearms shall be fired, and
the reason or need for the permit. Within a reasonable time after receipt of such
application, the chief of police shall approve or reject it. In the event that no action is
taken by the chief of police within forty-five days after receipt of such application, such
application and request shall be deemed denied by the chief of police.
SECTION 3: That the following uses within Table A of Section 21.34.020
(Permitted uses in the Planned Industrial Zone) are amended as follows:
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Use P CUP Acc
Child day care center (subject to Chapter 21.83) (defined:
Section 21.04.086) (see note 5 below)
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Use P CUP Acc
Educational institutions or schools, public/private (defined:
Section 21.04.140) (see note 5 below)
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Use P CUP Acc
Residential uses in P-M Zone (subject to Section
21.42.140(B)(135)) (see note 5 below)
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SECTION 4: That Table A of Section 21.34.020 (Permitted uses in the
Planned Industrial Zone) is amended by the addition of the following use:
Use P CUP Acc
Shooting Ranges (indoor), subject to Section
21.42.140(8)(137)
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SECTION 5: That the footnotes following Table A of Section 21.34.020
(Permitted uses in the Planned Industrial Zone) are amended by the addition of the
following footnote:
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5. Subject uses shall comply with the distance requirements in Section
21.42.140(8)(137).
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SECTION 6: That Subsection 21.34.090(1) (Performance standards) is
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(1) The maximum allowable exterior noise level of any use shall not exceed
sixty-five Ldn as measured at the property 'line. For properties that are approved non-
residential planned developments, the exterior noise level shall be measured from the
parcel owned in common by the owner's association, which constitutes the perimeter
property lines. Where a property is occupied by more than one use (whether within the
same building or in separate buildings), the noise level shall not be in excess of 45 Ldn as
measured within the interior space of the neighboring establishment. Noise caused by
motor vehicles traveling to and from the site are exempt from this standard.
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SECTION 7: That Section 21.42.140 (Development standards and special
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Section 21.42.140(6)(137) Shooting Ranges (Indoor).
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a. Applicability. Carlsbad Municipal Code Section 21.42.140(8)(137) applies
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enterprises open to the public or private groups on a membership basis. It does not apply
to governmental facilities which provide training for police and other law enforcement
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entities.
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b. Location.
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1. Indoor shooting ranges are conditionally permitted within the Planned
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Industrial (P-M) Zone subject to approval of a conditional use permit.
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2. Distance requirements. The establishment of an indoor shooting range
10 shall not be permitted within six hundred (600) feet of a school (public or private), public
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zoning district.
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3. For the purpose of measuring the distance requirements set forth in
subsection b.2 of this section, all distances shall be measured (without regard to
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intervening structures) in a straight line extended between the nearest property lines of:
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The property on which the indoor shooting range is or will be located; and
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The property on which one of the uses/zones/designations specified in
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subsection b.2 of this section is located.
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For properties that are approved non-residential planned developments,
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association, which constitutes the perimeter property lines.
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4. The distance requirements in subsection b.2 of this section shall apply to
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those uses/designations/zones specified in subsections b.2 of this section that:
Are existing; or
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Have received approval by the city for the use/zone/designation and said
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approval has not expired or become invalid; or
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Have submitted an application to establish those uses/designations/zones
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specified in subsection b.2 of this section after the approval of a conditional use permit to
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establish an indoor shooting range.
5. Other Location Requirements. Indoor shooting ranges are not permitted
within multi-tenant buildings, and shall only be constructed within a stand-alone building.
c. General requirements.
1. Every indoor shooting range shall be in compliance with the applicable
building, zoning, and fire code requirements of the Carlsbad Municipal Code in addition to
all other applicable federal, state and local laws.
2. The applicant, owner and/or operator shall submit to a criminal
background check as part of the conditional use permit application. The criminal
background check shall be filed with the Carlsbad chief of police or designee in a form
approved by the chief of police. Clearance from the Carlsbad police department shall be
required as part of a complete conditional use permit application for an indoor shooting
range. "Owner" means any of the following: (1) the sole proprietor of an indoor shooting
range; (2) any general partner of a partnership that owns and operates an indoor
shooting range; (3) the owner of a controlling interest in a corporation or L.L.C. that owns
and operates an indoor shooting range; or (4) the person designated by the officers of a
corporation or the members of an L.L.C. to be the business license holder for an indoor
shooting range owned and operated by the corporation. This is an on-going requirement
that also applies to all employees of the range and stays in effect after approval of the
conditional use permit through the business license requirement.
The applicant, owner and/or operator shall never have been convicted of
any felony.
The applicant, owner and/or operator shall never have been convicted of a
misdemeanor involving a firearm and/or violence.
The applicant, owner and/or operator shall never have been convicted of a
violation of law concerning the manufacture, use, possession, or sale of firearms.
3. The applicant shall provide sufficient and substantial evidence that the
proposed indoor shooting range is properly designed, constructed and equipped for the
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discharge of firearms within the facility, to the satisfaction of the Building Official. The
indoor shooting range shall be designed to safely contain bullets within the range portion
of the building. Tactical shooting is permitted provided the range design addresses this
type of use.
4. A minimum of one range safety officer shall be on duty during all operating
hours. Range safety officers shall be certified by the National Rifle Association Range
Safety Officer Program or equivalent training program (such as law enforcement
programs), and shall be responsible for:
The operation and maintenance of the shooting range.
Inspection of all firearms and ammunition for proper function and
operation.
Enforcement of safety, protocols and the regulations of the indoor shooting
range.
iv. Ensuring that all firearms and ammunition at the indoor shooting range
remain securely stored at all times, and in compliance with all applicable laws and
regulations.
5. No other weapons, other than legal firearms, shall be discharged in an
indoor shooting range.
6. Firearms classified as illegal under state or federal statute, shall not be
allowed.
7. Firearms or ammunition deemed not safe by the range safety officer shall
not be discharged within the indoor shooting range.
8. Firearms safety rules and regulations shall be prominently posted in a
general area of the facility, and available to all customers of the establishment.
Compliance with those regulations shall be monitored and enforced by a range safety
officer, employed by the indoor shooting range.
9. Indoor shooting ranges shall be permitted to operate during the hours of
8:00 a.m. to 10:00 p.m., unless amended by the conditional use permit.
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10. No person, employee, member, or customer of an indoor shooting range
shall be allowed to enter or leave the premise with a loaded firearm, unless permitted by
or exempted by state or federal law.
11. All firearms shall only be loaded on the firing line under the supervision of
the range safety officer, unless permitted by or exempted by state or federal law.
12. Illegal drugs or alcohol may not be consumed on the property, nor shall the
sale of alcohol be permitted on the property.
13. Individuals deemed by the range safety officer, or other employees of the
indoor shooting range, to be under the influence of drugs and/or alcohol and as such
present a safety concern, shall be prohibited from utilizing the indoor shooting range.
14. Individuals who the range safety officer, or other employees of the indoor
shooting range, believes to pose a threat to themselves or others, shall be prohibited
from utilizing the indoor shooting range. The Carlsbad police department shall be
contacted immediately if the range safety officer, or an employee, reasonably believes
that a person on the premises may be a threat to themselves or others.
15. Individuals under eighteen (18) years of age will be allowed to utilize the
facility, provided:
They are at least eight years of age; and
They are accompanied by a parent or legal guardian, or are under adult
supervision and a signed release and waiver of liability, by the parent or guardian is
provided.
16. All persons at the firing line shall wear approved eye and ear protection
under the supervision of the range safety officer. All employees of an indoor shooting
range shall receive eye and ear protection and shall receive proper training regarding the
use of suitable eye and ear protection.
17. The sale and rental of firearms, the proper storage of ammunition, and the
sale of accessories onsite are permitted, subject to applicable state and federal laws. All
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such uses shall be clearly documented and considered as part of the conditional use
permit application.
18. The manufacture of ammunition shall not be allowed, except for bullet
reloading, unless permitted through the conditional use permit.
19. All doors, gates, and entrances between the shooting points and backstop
shall be securely locked at all times when a person is engaged in practice shooting.
d. Safety and management plan. A plan with detailed standard operating
procedures for safety and conformance with environmental laws shall be submitted with
the conditional use permit application and reviewed and approved by the Carlsbad chief
of police or designee, public works director or designee and city planner or designee. The
plan must be in full compliance with the National Shooting Sports Foundation 5-Star
Assessment, or equivalent rating system (if applicable), and/or the NRA Range Source
Book: A Guide to Planning and Construction, published by the National Rifle Association,
or by an equivalent guidebook (if applicable) deemed comparable by the Carlsbad chief of
police or designee, public works director or designee and city planner or designee. Such
plan shall include, but not be limited to, the following information:
1. Plans for the installation and maintenance of interior and exterior
surveillance cameras. Cameras shall observe the parking lot, lobby, store, firing lanes,
and all general areas within an indoor shooting range and its perimeter. Recordings from
the surveillance cameras must be maintained for not less than thirty (30) days and shall
be made available to members of the Carlsbad police department upon request.
2. Plans for the installation and maintenance of adequate exterior and
interior lighting.
3. Protocols for the safe display and storage of firearms and ammunition.
4. Protocols to ensure open lines of communication exists between an indoor
shooting range and Carlsbad police and fire departments. These protocols shall be
developed, with cooperation of the Carlsbad police and fire departments.
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5. Protocols to ensure that firearms and ammunition deemed unsafe will not
be discharged within the firing line.
6. Protocols to ensure access behind the firing line is provided in a safe and
controlled manner.
7. Any areas of the indoor shooting range used for tactical shooting shall be
clearly identified.
8. Procedures to prevent suicides within the indoor shooting range.
9. Procedures to prevent the theft of rented firearms.
10. Plans to adequately staff the range with range safety officers.
11. An evacuation plan shall be provided.
12. Hours of operation.
13. A plan to reduce exposure to hazardous waste, provide clean air and
decrease noise for all employees and customers in accordance with the California Division
of Occupational Safety and Health and the National Institute for Occupational Safety and
Health's (NIOSH) Preventing Occupational Exposure to Lead and Noise at Indoor Shooting
Ranges, published by the Centers for Disease Control and Prevention.
14. Disclosure and education regarding lead hazards shall be provided to
employees and customers.
15. A hazardous waste diversion and disposal plan in accordance with
California Department of Toxic Substances Control regulatory standards. The removal of
lead, and any waste materials and liquids that are contaminated with lead, must be
addressed in this plan. This plan shall also include the recycling of spent lead bullets
consistent with applicable state and federal law.
16. Exhaust air ventilated from inside the shooting range out of the building
shall be filtered to meet the California Environmental Protection Agency ambient air
quality standards for lead.
17. A plan to mitigate noise impacts on the surrounding community shall be
provided. An indoor shooting range shall meet a peak event sound level of 65 dB, as
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measured at the property line. In addition, an indoor shooting range shall not cause the
noise within buildings on the same lot or adjacent lots to exceed a peak event sound level
of 45 dB. A noise study shall be prepared consistent with the requirements of the
Carlsbad Noise Guidelines Manual demonstrating compliance with the noise levels of this
requirement.
18. Failure to submit a safety and management plan as required shall be
grounds to refuse to accept or automatically deny an application for a conditional use
permit. Failure to adequately implement or maintain the safety and management plan
and any provision of this ordinance shall be grounds for revocation of the conditional use
permit, pursuant to section 21.42.120.
19. Any future revisions or modifications of the safety and management plan
must be approved by the Carlsbad chief of police or designee, public works director or
designee and city planner or designee. Failure to obtain approval or otherwise disregard,
edit, modify, revise or in any way change the safety and management plan on file is
grounds for revocation of the conditional use permit, pursuant to section 21.42.120.
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SECTION 8: That Table A of Section 21.44.020 (Off-street parking spaces
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Commercial, Industrial and other Non-Residential Uses:
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Use Number of Off-street Parking Spaces
Commercial,
Industrial and other
Non-Residential Uses
Shooting
Ranges
(indoor)
1.5 spaces for each firing lane within the
range, plus required parking for other
associated uses based on the parking standard
for each use
EFFECTIVE DATE FOR PROPERTIES THAT ARE SUBJECT TO THE PLANNED
INDUSTRIAL (P-M) ZONE REGULATIONS AND LOCATED IN THE COASTAL ZONE. This
Ordinance shall be effective no sooner than thirty (30) days after its adoption but not
until approved by the California Coastal Commission, and the City Clerk shall certify the
adoption of this Ordinance and cause it to be published at least once in a newspaper of
general circulation in the City of Carlsbad within fifteen (15) days after its adoption.
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EFFECTIVE DATE FOR PROPERTIES THAT ARE SUBJECT TO THE PLANNED
INDUSTRIAL (P-M) ZONE REGULATIONS AND LOCATED OUTSIDE THE COASTAL ZONE. This
Ordinance shall be effective no sooner than thirty (30) days after its adoption and the City
Clerk shall certify the adoption of this Ordinance and cause it to be published at least
once in a newspaper of general circulation in the City of Carlsbad within fifteen (15) days
after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 15th day of December , 2015, and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
day of , 2015, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
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Carlsbad on the
EXHIBIT 2
RESOLUTION NO. 2015-311
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING FINDINGS TO DETERMINE THAT THE
PROJECT (MCA 15-03/ZCA 15-03/LCPA 15-04) IS WITHIN THE SCOPE
OF THE PREVIOUSLY CERTIFIED GENERAL PLAN ENVIRONMENTAL
IMPACT REPORT (EIR 13-02); AND APPROVING A LOCAL COASTAL
PROGRAM AMENDMENT BY AMENDING THE ZONING ORDINANCE
TO ADD "INDOOR SHOOTING RANGES" AS A CONDITIONALLY
PERMITTED USE IN THE PLANNED INDUSTRIAL (P-M) ZONE AND TO
ESTABLISH DEVELOPMENT AND OPERATIONAL STANDARDS FOR
INDOOR SHOOTING RANGES
CASE NAME: INDOOR SHOOTING RANGE CODE AMENDMENT
CASE NO.: MCA 15-03/ZCA 15-03/LCPA 15-04
The City Council of the City of Carlsbad, California, does hereby resolve as follows:
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did on November 4, 2015 and November 18, 2015, hold a duly noticed public hearing
as prescribed by law to consider Zoning Ordinance Amendment (ZCA 15-03) and Local Coastal
Program Amendment (LCPA 15-04); and
WHEREAS, the Planning Commission adopted Planning Commission Resolution
No. 7113 recommending approval of a determination per CEQA that the project is within the
scope of the previously certified General Plan Environmental Impact Report (EIR 13-02), and
recommending approval of ZCA 15-03 and LCPA 15-04; and
WHEREAS, the City Council of the City of Carlsbad did on December 15, 2015 hold
a duly noticed public hearing to consider the Planning Commission's recommendations; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, the City Council considered all factors
related to ZCA 15-03 and LCPA 15-04.
NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of
Carlsbad, as follows:
1. That the foregoing recitations are true and correct.
2. The state-mandated six-week review period for the Local Coastal Program
Amendment (LCPA 15-04) started on October 16, 2015 and ended on November 27, 2015.
3. That all comments received regarding the proposed Zoning Ordinance
Amendment (ZCA 15-03) and Local Coastal Program Amendment (LCPA 15-04) have been
included for the City Council's review.
4. That the findings of the Planning Commission in Resolution No. 7133
constitute the findings of the City Council in this matter.
5. That, upon City Council approval of Zoning Ordinance Amendment (ZCA 15-
03), the amendment to the Local Coastal Program (LCPA 15-04) shall be deemed approved as
shown in Planning Commission Resolution No. 7133, on file with the City Clerk and incorporated
herein by reference.
6. That the approval of LCPA 15-04 shall not become effective until it is approved
by the California Coastal Commission.
The provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review"
shall apply:
"NOTICE"
The time within which judicial review of this decision must be sought is governed
by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of
Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review
must be filed in the appropriate court not later than the ninetieth day following the date on which
this decision becomes final; however, if within ten days after the decision becomes final a request
for the record is filed with a deposit in an amount sufficient to cover the estimated cost or
preparation of such record, the time within which such petition may be filed in court is extended
to not later than the thirtieth day following the date on which the record is either personally
delivered or mailed to the party, or his attorney of record, if he has one. A written request for
the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad,
1200 Carlsbad Village Drive, Carlsbad, CA, 92008.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 15th day of December 2015, by the following vote to wit:
AYES: Council Members Hall, Blackburn, Schumacher, Wood, Packard.
NOES: None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
ci) ifLAA C
BARBARA ENGLES6N, City Clerk -
(SEAL) „ottilio,,,
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7.
EXHIBIT 3
Corey Funk
From: Don Neu
Sent: Thursday, November 19, 2015 2:30 PM
To: Corey Funk
Cc: David de Cordova; Jennifer Jesser
Subject: Fwd: Let's keep Carlsbad beautiful and safe from gun proliferation.
Sent from my iPad
Begin forwarded message:
From: Planning <Planning@CarlsbadCA.gov>
Date: November 19, 2015 at 9:06:18 AM PST
To: Don Neu <Don.Neu(a),carlsbadca.gov>
Subject: FW: Let's keep Carlsbad beautiful and safe from gun proliferation.
Original Message
From: Cesar Morales [mailto:cmorse@adnplus.com]
Sent: Thursday, November 19, 2015 9:03 AM
To: Planning
Subject: Let's keep Carlsbad beautiful and safe from gun proliferation.
Importance: High
Dear City Planner Don Nou,
As a Carlsbad resident, I am very concerned about the gun shooting range permit request by
Gunther guns and I am asking you to please deny their permit request.
Gunther calls it "the next logical step". It's only logical for THEIR weapon sales business, but
not for the City of Carlsbad.
In my opinion, it seems to me rather obvious that people with nothing better to do with their
money are trying to justify the expense by making time to shoot those weapons somewhere.
It seems to me that this type of casual and unnecessary weapon ownership is the type that results
in unwanted shootings, or on gun hoarding and in likely use in unlawful actions by the wrong
hands where, going by the daily news, they often seem to land.
Like a drug dealer, Gunther Guns now needs a way to keep their new gun "junkies" hooked. So
it's logical for them to provide a place where they can herd their customer base and keep them
hooked on a flow of weapons that will turn Carlsbad into an unsafe community.
In looking at the latest research, or simply watching the daily news, more guns result in more
gun related incidents that have claimed the lives of many young Americans.
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As a resident concerned with maintaining our Carlsbad community safe, I am asking to please
deny such a penult request.
Carlsbad is a child friendly city, we have Legoland, the Carlsbad Outlet, the water sports at the
Carlsbad Lagoon, and beautiful beaches for children and their grandparents.
Carlsbad is a very peaceful and healthy outdoor activity oriented city whose residents like to
enjoy walking and riding their bicycles, or jogging and walking on it's trails or along its roads, or
along it's beaches.
Carlsbad is a dream community for those seeking the best quality of life for their families. The
last thing we need is a flood of weapons turning our neighbors into liabilities.
Let's do everything we can to keep Carlsbad beautiful and safe from gun proliferation.
Please deny Gunther guns from eroding our safe and beautiful city.
Sincerely,
Cesar Morales
Carlsbad Resident
2
EXHIBIT 4
PLANNING COMMISSION RESOLUTION NO. 7133
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF FINDINGS TO
DETERMINE THAT THE PROJECT IS WITHIN THE SCOPE OF THE
PREVIOUSLY CERTIFIED GENERAL PLAN ENVIRONMENTAL IMPACT
REPORT (EIR 13-02); AND RECOMMENDING APPROVAL OF A ZONING
ORDINANCE AMENDMENT AND A LOCAL COASTAL PROGRAM
AMENDMENT TO ADD "INDOOR SHOOTING RANGES" AS A
CONDITIONALLY PERMITTED USE IN THE PLANNED INDUSTRIAL (P-M)
ZONE AND TO ESTABLISH DEVELOPMENT AND OPERATIONAL
STANDARDS FOR INDOOR SHOOTING RANGES.
CASE NAME: INDOOR SHOOTING RANGE CODE AMENDMENT
CASE NO: ZCA 15-03/LCPA 15-04
WHEREAS, the City Planner has prepared a proposed Zoning Ordinance Amendment
pursuant to Section 21.52.020 of the Carlsbad Municipal Code to allow for indoor shooting ranges in the
Planned Industrial (P-M) Zone subject to a conditional use permit (CUP) and to establish development and
operational standards for indoor shooting ranges; and
WHEREAS, California State law requires that the Local Coastal Program, General Plan, and
Zoning designations for properties in the Coastal Zone be in conformance; and
WHEREAS, the City Planner has prepared a Local Coastal Program Amendment, as
provided in Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title
14, Division 5.5; and
WHEREAS, the proposed Zoning Ordinance Amendment and Local Coastal Program
Amendment are set forth in the draft City Council Ordinance, Exhibit "X" dated November 18, 2015, and
attached hereto ZCA 15-03/LCPA 15-04 — INDOOR SHOOTING RANGE CODE AMENDMENT; and
WHEREAS, State Coastal Guidelines requires a six-week public review period for any amendment to the
Local Coastal Program; and
WHEREAS, the Planning Commission did on November 4 and 18,2015, hold a duly noticed
public hearing as prescribed by law to consider said request for a proposed Zoning Ordinance Amendment
and Local Coastal Program Amendment; and
28
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said commission considered all factors relating to
the Zoning Ordinance Amendment and Local Coastal Program Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) At the end of the state-mandated six-week review period for the Local Coastal Program
Amendment, starting on October 16, 2015, and ending on November 27, 2015, staff shall
present to the City Council a summary of the comments received.
C) The Planning Commission RECOMMENDS ADOPTION of Finding No. 5, below, to
determine that the project is within the scope of the previously certified General Plan
Environmental Impact Report (EIR 13-02) and no new environmental document is
required.
D) That based on the evidence presented at the public hearing, the Planning Commission
RECOMMENDS APPROVAL of ZCA 15-03/LCPA 15-04 — INDOOR SHOOTING RANGE CODE
AMENDMENT, based on the following findings:
Findings:
1. That the proposed Zoning Ordinance Amendment ZCA 15-03 is consistent with the General Plan
in that the proposed amendments do not conflict with any goal, objective, or policy of the
General Plan. In addition, the amendment is consistent with General Plan policies that relate
to nuisance, noise and hazardous materials (Land Use and Community Design Element Policy 2-
P.31, Noise Element Policy 5-P.5, and Public Safety Element Policy 6-P.20). The amendment is
also consistent with other provisions of the Zoning Ordinance not being amended.
2. That the proposed Zoning Ordinance Amendment reflects sound principles of good planning, in
that the proposed amendment will establish standards and requirements to permit indoor
shooting ranges in the Planned Industrial (P-M) Zone. The proposed indoor shooting range
requirements (e.g., distance requirements, hours of operation, and a safety and management
plan) will ensure the use is located and operated in a manner that is safe and avoids impacts to
surrounding uses and the environment. In addition, the P-M Zone requires all uses to comply
with performance standards (related to noise, odors, vibrations, glare, air quality, discharge of
waste, etc.) to mitigate the impacts of any such nuisance factors.
3. That the proposed Local Coastal Program Amendment meets the requirements of, and is in
conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the
Carlsbad Local Coastal Program not being amended by this amendment, in that the amendments
ensure consistency with the Carlsbad Zoning Ordinance, and do not conflict with any coastal
zone regulations, land use designations or policies, with which development must comply.
4. That the proposed amendment to the Carlsbad Local Coastal Program is required to bring it into
consistency with the proposed Zoning Ordinance Amendment (ZCA 15-03).
PC RESO NO. 7133 -2-
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5. Pursuant to CEQA Sections 15162 and 15168, no new environmental document is required for
this project, based on the following:
a. The proposed amendment is a subsequent activity of the General Plan, for which a
program EIR was certified, and a notice for the activity has been given, which includes
statements that this activity is within the scope of the program approved earlier, and that
the program EIR anticipates the activity for the purposes of CEQA;
b. this project is consistent with the plan cited above;
c. EIR 13-02 was certified in connection with the prior plan;
d. the project has no new significant environmental effect not analyzed as significant in the
prior EIR;
e. None of the circumstances requiring a subsequent EIR or a supplemental EIR under CEQA
Guidelines Sections 15162 or 15163 exist.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, held on November 18, 2015, by the following vote, to wit:
AYES: Chairperson Anderon, Commissioners Black, Montgomery, Segall and
Siekmann
NOES:
ABSENT: Commissioner L'Heureux
ABSTAIN:
deXii0X)
VELYN Af\lDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
DON NEU
City Planner
PC RESO NO. 7133 -3-
EXHIBIT 5
The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
Item No.
Application complete date: N/A
P.C. AGENDA OF: November 18, 2015 Project Planner: Corey Funk
Project Engineer: N/A
SUBJECT: ZCA 15-03/LCPA 15-04 — INDOOR SHOOTING RANGE CODE AMENDMENT — A request to
recommend adoption of findings to determine that the project is within the scope of the
previously certified General Plan Environmental Impact Report (EIR 13-02); and
recommending approval of a Zoning Ordinance Amendment and a Local Coastal Program
Amendment to add "indoor shooting ranges" as a conditionally permitted use in the
Planned Industrial (P-M) Zone and to establish development and operational standards
for indoor shooting ranges.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7133 RECOMMENDING
ADOPTION of findings to determine that the project is within the scope of the previously certified General
Plan Environmental Impact Report (EIR 13-02), and RECOMMENDING APPROVAL of Zoning Ordinance
Amendment (ZCA 15-03) and Local Coastal Program Amendment (LCPA 15-04), based on the findings
contained therein.
IL PROJECT DESCRIPTION AND BACKGROUND
At the November 4, 2015 meeting, the Planning Commission considered the Indoor Shooting Range Code
Amendment. After hearing the staff presentation and public comments, the Planning Commission
discussed the amendment, provided direction to staff and continued the meeting to November 18, 2015.
The Planning Commission directed staff to research and make a variety of changes related to zoning and
operational standards for indoor shooting ranges. This staff report only addresses the proposed changes
made to the draft amendment in response to Planning Commission direction. For the full background and
project description information, please see Planning Commission Staff Report dated November 4, 2015.
Attachment 2 shows staff's proposed changes to the draft Zoning Ordinance amendment.
III. ANALYSIS
The table below summarizes the Planning Commission's comments and staff's response to the comments.
No. Planning Commission comment Staff response and recommended revisions to draft
ordinance
(also see Attachment 2)
1 Concern was expressed that the proposed
parking ratio of 1.5 parking spaces per lane
would not accommodate a range during
peak times, especially considering that many
ranges rent lanes to more than one
individual.
Staff proposes to increase the proposed parking ratio
to 2 parking spaces per lane.
I, te4:
ZCA 15-03/LCPA 15-04 — INDOOR SHOOTING RANGE CODE AMENDMENT
November 18, 2015
Page 2
No. Planning Commission comment Staff response and recommended revisions to draft
ordinance
also see Attachment 2)
2 Due to concerns about the impact of noise
on an adjacent use, the Planning
Commission stated that indoor shooting
ranges should only be installed in free-
standing buildings (not attached to other
buildings).
Staff has modified the draft ordinance to incorporate
the requirement that indoor shooting ranges be
prohibited from multi-tenant buildings and be
installed in a stand-alone building.
3 Due to concerns about the impact of noise
on an adjacent use, (a neighboring office
use, for example) the Planning Commission
asked staff to research and determine a
minimum separation between a shooting
range and nearby buildings.
Staff does not have data to verify how distance
between a shooting range and nearby buildings
would affect the noise levels within nearby buildings;
therefore, staff is not able to recommend a minimum
building separation to mitigate potential noise
impacts. In lieu of a minimum building separation
standard, staff recommends that the noise standards
for indoor shooting ranges include a requirement that
the indoor noise level of buildings on the same lot or
adjacent lots not exceed an hourly average of 45 dBA.
4 The Planning Commission expressed
concerns that the existing performance
standards for noise in the P-M Zone, which
are measured over a24 hour average, would
be insufficient in the case of an indoor
shooting range.
Staff recommends requiring indoor shooting ranges
to meet an hourly average noise level of 65 dBA
measured at the property line. This is similar to the
Carlsbad Entertainment Ordinance, which restricts
entertainment establishments to a one hour average
of 65 dBA, and the City of Poway, which restricts
industrial uses to a one hour average of 70 dBA.
5 The Planning commission commented that
the ordinance should establish a minimum
age for children and height using the range.
The draft ordinance has been revised to include a
requirement that specifies the minimum age of 8 to
shoot at a shooting range and allows the operator
determine the minimum height based on the design
of the shooting area. Staff surveyed 20 shooting
ranges and found that the majority (15) have a
minimum age requirement, which varies between
ages 8 and 12. Five of the 20 ranges surveyed do not
require a minimum age (instead relying on the
parents' judgement); three of those five ranges
require a minimum height (to shoot over the shelf in
the booth).
ZCA 15-03/LCPA 15-04 — INDOOR SHOOTING RANGE CODE AMENDMENT
November 18, 2015
Page 3
No. Planning Commission comment Staff response and recommended revisions to draft
ordinance
also see Attachment 2)
6 The Planning Commission commented that a
parent or legal guardian should be required
to supervise a child who shoots at the range.
-
Staff does not recommend requiring a parent or legal
guardian be present with a child at a shooting range.
The draft ordinance reviewed by the Planning
Commission on November 4th requires a parent
signed waiver and that an adult be present with a
child shooting at a range. Staff recommends that
adult supervision does not need to be provided by
parent or guardian; for example, a grandparent, other
relative or instructor can provide sufficient
supervision. Like the minimum age requirement, a
requirement for parent or legal guardian supervision
varies at other ranges; however, all of the ranges
surveyed require at the minimum a signed waiver and
adult supervision for children using the range.
7 The Planning Commission commented that
the ordinance should require an indoor
shooting range to have measures preventing
suicides from occurring at the range.
The existing draft ordinance requires a range safety
officer (RSO) to prohibit any person who appears to
be a danger to themselves or others from using the
range. In addition, staff has revised the draft
ordinance to require that the shooting range's safety
and management plan include methods to prevent
suicide, which would be reviewed by the Police Dept.
8 The Planning Commission commented that
the ordinance should require a minimum
level of qualification for RSOs.
Staff revised the draft ordinance to include a
requirement that all RSOs be certified by the NRA
Range Safety Officer Program or equivalent program
(such as law enforcement training).
9 The Planning Commission commented that
the ordinance should require the recycling
of spent lead bullets.
Staff has revised the draft ordinance to include this
requirement.
10 The Planning Commission commented that
on page 5 of the ordinance, the statement
about liability seemed incomplete and
should be modified.
Staff agrees that this statement is incomplete and
deleted it from the revised draft ordinance. It is not
necessary due to the standard "hold harmless"
condition included with all CUPs and immunities in
government code provided for permit issuing
agencies.
11 The Planning Commission commented that
the ordinance should require an evacuation
plan for employees and customers in case of
emergency.
Staff has revised the draft ordinance to include this
requirement.
12 The Planning Commission commented that
the distance requirements from sensitive
uses should apply in reverse, meaning that
after a shooting range is constructed, no
sensitive uses shall be allowed within the
buffers.
Staff has revised the draft ordinance and added
additional zoning amendments to Chapter 21.34 to
address this comment.
ZCA 15-03/LCPA 15-04 — INDOOR SHOOTING RANGE CODE AMENDMENT
November 18, 2015
Page 4
No. Planning Commission comment Staff response and recommended revisions to draft
ordinance
(also see Attachment 2)
13 The Planning Commission commented
that the ordinance should establish
procedures to address negligent
discharges of firearms.
Although this is commonly done, staff revised the draft
ordinance to include a requirement that the range
design shall incorporate ballistic protection on all four
sides of the range. Existing laws prevent transporting
loaded firearms, and typical shooting range rules
prevent loaded firearms anywhere outside of the range
portion of a building, which should address this
comment.
14 The Planning Commission asked whether
there should be any special standards for
any portion of the range used for tactical
shooting.
Staff revised the draft ordinance to require both the
CUP application and the range's safety and
management plan to identify any areas to be used for
tactical shooting and the necessary range design for
these areas. No special standards are necessary as this
issue can be addressed in plans submitted to the city
for review.
15 The Planning Commission asked staff to
verify that there would be no conflicts
between the draft ordinance and the
McClellan-Palomar Airport ALUCP.
Airport Land Use Commission staff confirmed that
indoor shooting ranges would be compatible with all
safety zones except for zone 1, subject to the assembly
requirements applicable to each safety zone.
16 The Planning Commission commented
that an indoor shooting range should
include procedures to prevent theft of
rented firearms.
Staff has revised the draft ordinance to address this
comment.
17 The Planning Commission asked staff to
consider establishing a required number
of RSOs in relation to the number of firing
lanes.
Rather than establishing a certain ratio, staff
recommends that the safety and management plan
indicate how the operator intends to adequately staff
the range with RS05, but otherwise leaving this to the
discretion of the operator, as the number of RSOs
required also relates to the number of customers in the
range at different points in time in addition to the
number of firing lanes in the range.
18 The Planning Commission asked staff to
research if the ordinance can be amended
so that CUPs issued for indoor shooting
ranges expire on transfer of ownership
and do not run with the land.
The City Attorney determined that this is not possible.
A CUP does not expire automatically even when a local
code provides for automatic expiration. Community
Dev. Corp. v. City of Fort Bragg, 204 Cal. App. 3d 1124
(1988) (a CUP cannot be revoked without notice and a
hearing). Once a CUP has been granted substantial
investments have been made in reliance on the CUP,
the CUP holder has a fundamental vested property
right. Malibu Mountains Recreation, Inc. v. County of
Los Angeles, 67 Cal. App. 4th 359 (1998). For that
reason, CUPs run with the land as opposed to individual
property owners. Anza Parking Corp. v. City of
Burlingame, 195 Cal. App. 3d 855 (1987).
ZCA 15-03/LCPA 15-04 — INDOOR SHOOTING RANGE CODE AMENDMENT
November 18, 2015
Page 5
No. Planning Commission comment Staff response and recommended revisions to draft
ordinance
(also see Attachment 2)
19 The Planning Commission requested that
ammunition be stored in individual boxes
or original packaging.
The original draft ordinance requires the safety and
management plan to address the safe storage of
ammunition, which will be reviewed and approved by
the Police Department, Public Works Departments and
Planning Division. Staff does not recommend any
changes in the revised draft ordinance for this topic.
20 Miscellaneous edits to address grammar
were suggested by the Planning
Commission.
Staff has revised the draft ordinance to address these
comments.
For an analysis of the proposed amendment's consistency with the General Plan, Zoning Ordinance and
Local Coastal Program, please see Planning Commission Staff Report dated November 4, 2015.
IV. ENVIRONMENTAL REVIEW
See Planning Commission Staff Report dated November 4, 2015.
ATTACHMENTS:
1. Planning Commission Resolution No. 7133, including Exhibit X (draft City Council Ordinance)
2. Proposed Text Changes to the Municipal Code (Titles 8 and 21)
3. Map of Carlsbad's industrial land subject to Planned Industrial (P-M) Zone uses, including buffers
proposed in the draft City Council Ordinance
4. Comment letters received on the draft City Council Ordinance
5. Planning Commission staff report dated November 4, 2015
Attachment 2
Proposed text changes to the Carlsbad Municipal Code (Titles 8 and 21)
MCA 15-03/ZCA 15-03/LCPA 15-04 — Indoor Shooting Range Code Amendment
Note: revisions proposed in response to Planning Commission direction on November 4, 2015
are highlighted in yellow.
'2:17.11fEciihiulg 21; fk,l, ffijc,
Section 8.16.010 (Discharge prohibited—Exceptions) is proposed to be amended as follows:
No person shall, without first obtaining permission from the chief of police, shoot or discharge
any pistol, rifle, gun or other firearm, not necessary in self-defense, or in performance of official duty,
within the city, unless at a legally permitted indoor shooting range.
Section 8.16.020 (Permit to discharge firearms) is proposed to be amended as follows:
Any person who wishes to discharge firearms referred to in Section 8.16.010, unless within a
legally permitted indoor shooting range, shall make written application to the chief of police for a permit.
Such application shall state the date on which the firearms shall be fired, the number of rounds to be
fired, the place where the firearms shall be fired, and the reason or need for the permit. Within a
reasonable time after receipt of such application, the chief of police shall approve or reject it. In the event
that no action is taken by the chief of police within forty-five days after receipt of such application, such
application and request shall be deemed denied by the chief of police.
LftI (-4-'11]k512-,1ff NiLai,,KoJts4arim 0 -scjartq:iait-K,
The following uses within Table A of Section 21.34.020 (Permitted uses in the Planned Industrial Zone) are
proposed to be amended as follows:
Use P CUP Acc
Child day care center (subject to Chapter 21.83) (defined: Section
21.04.086) (see note 5 below)
2
Use P CUP Acc
Educational institutions or schools, public/private (defined: Section
21.04.140) (see note 5 below)
2
017
1
Use P CUP Acc
Residential uses in P-M Zone (subject to Section 21.42.140(6)(135))
(see note 5 below)
3
Table A of Section 21.34.020 (Permitted uses in the Planned Industrial Zone) is proposed to be amended
by the addition of the following use:
Use P CUP Acc
Shooting Ranges (indoor), subject to Section 21.42.140(6)(137) -3 J _
The footnotes following Table A of Section 21.34.020 (Permitted uses in the Planned Industrial Zone) are
proposed to be amended by the addition of the following footnote:
5. Subject uses shall comply with the distance requirements in Section 21.42.140(6)(137).
Section 21.34.090,(11 (Performance standards) is proposed to be amended as follows:
(1) The maximum allowable exterior noise level of any use shall not exceed sixty-five Ldn as
measured at the property line. For properties that are approved non-residential planned developments,
the exterior noise level shall be measured from the parcel owned in common by the owner's association,
which constitutes the perimeter property lines. Where a property a struf.,trc is occupied by more than
one use (whether within the same building or in separate buildings), the noise level shall not be in excess
of 45 Ldn as measured within the interior space of the neighboring establishment. Noise caused by motor
vehicles traveling to and from the site are exempt from this standard.
tr-v_ `Wu
Section 21.42.140 (Development standards and special regulations) is proposed to be amended by the
addition of a new subsection as follows:
Section 21.42.140(3)(137) Shooting Ranges (Indoor).
a. Applicability. Carlsbad Municipal Code Section 21.42.140(3)(137) applies only to privately
owned and/or operated indoor shooting ranges that are commercial enterprises open to the public or
private groups on a membership basis. It does not apply to governmental facilities which provide training
for police and other law enforcement entities.
b. Location.
1. Indoor shooting ranges are conditionally permitted within the Planned Industrial (P-M)
Zone subject to approval of a conditional use permit.
2
2. Distance requirements. The establishment of an indoor shooting range shall not be
permitted within six hundred (600) feet of a school (public or private), public park, day care facility,
residential use, residential land use designation, or residential zoning district.
3. For the ur ose of measurin the distance re uirements set forth in subsectionab.2 of
this section, all distances shall be measured (without regard to intervening structures) in a straight line
extended between the nearest property lines of:
The property on which the indoor shooting range is or will be located; and
The property on which one of the uses/zones/designations specified in subsection ab.2
of this section is located.
For properties that are approved non-residential planned developments, distances shall
be measured from the parcel owned in common by the owner's association, which constitutes the
perimeter property lines.
4. The distance requirements established in subsection ab.2 of this section shall apply to
those uses/designations/zones specified in subsections ab.2 of this section that:
Are existing; or
Have received approval by the city for the use/zone/designation and said approval has
not expired or become invalid.
5. The distance requirements from the uses/designations/zones specifiedin subsection ab.2
of this section shall not apply to those uses/designations/zones for which the city is reviewing but has not
yet approved an application to establish the use/designation/zone.
6. After the establishment of an indoor shooting range, the distance requirements in
subsection b.2 of this section shall apply to the subsequent application to establish those
uses/designations/zones specified in subsection b.2 of this section.
7. Other Location Requirements. Indoor shooting ranges are not permitted within multi-
tenant buildings, and shall only be constructed within a stand-alone building.
, n approve.d—g-s-R-d-itiono! Use Permit from
tgun operating the business at the apprcved business I :p-crating
nonconforming or illegal use by the subsequent location of any uses/designations/zones specified in
subsection 0.2 that are within the locational limitutions set forth in this section.
to the requirements of Chapter 21.42 of the Municipal Code.
c. General requirements.
1. Every indoor shooting range shall be in compliance with the applicable building, zoning,
and fire code requirements of the Carlsbad Municipal Code in addition to all other applicable federal, state
and local laws.
2. The applicant and all employees shall submit to a criminal background check. The criminal
background check shall be filed with the Carlsbad chief of police or designee in a form approved by the
chief of police. Clearance from the Carlsbad police department shall be required as part of a complete
conditional use permit application for an indoor shooting range. If the applicant is an association, firm,
corporation, partnership, or other entity comprised of more than a sole proprietor, this requirement shall
apply to all principals and employees. This an on-going requirement that stays in effect after approval of
the conditional use permit.
The applicant, all principals and employees shall never have been convicted of any felony.
3
The applicant, all principals and employees shall never have been convicted of, c- a
misdemeanor involving a firearm and/or violence.
iii. The applicant, all principals and employees shall never have been convicted of a violation
of law concerning the manufacture, use, possession, or sale of firearms.
3. The applicant shall provide sufficient and substantial evidence that the proposed indoor
shooting range is properly designed, constructed and equipped for the discharge of firearms within the
facility, to the satisfaction of the Building Official. The indoor shooting range shall be designed to provide
ballistic protection on all four sides of the range. Tactical shooting is permitted provided the range design
addresses this type of use.
4. A minimum of one range safety officer shall be on duty during all operating hours. Range
safety officers shall be certified by the National Rifle Association Range Safety Officer Program or
equivalent training program (such as law enforcement programs), and shall be responsible for:
The operation and maintenance of the shooting range.
Inspection of all firearms and ammunition for proper function and operation.
Enforcement of safety protocols and the regulations of the indoor shooting range.
iv. Ensuring that all firearms and ammunition at the indoor shooting range remain securely
stored at all times, and in compliance with all applicable laws and regulations.
5. No other weapons, other than legal firearms, shall be discharged in an indoor shooting
range.
6. Firearms classified as illegal under state or federal statute, shall not be allowed.
7. Firearms or ammunition deemed not safe by the range safety officer shall not be
discharged within the indoor shooting range.
8. Firearms a-R4-safety rules and regulations shall be prominently posted in a general area
of the facility, and available to all customers of the establishment. Compliance with those regulations shall
be monitored and enforced by a range safety officer, employed by the indoor shooting range.
9. Indoor shooting ranges shall be permitted to operate during the hours of 8:00 a.m. to
10:00 p.m., unless amended by the conditional use permit
10. No person, employee, member, or customer of an indoor shooting range shall be allowed
to enter or leave the premise with a loaded firearm, unless permitted by or exempted by state or federal
law.
11. All firearms shall only be loaded on the firing line under the supervision of the range safety
officer, unless permitted by or exempted by state or federal law.
12. Illegal drugs or alcohol may not be consumed on the property, nor shall the sale of alcohol
be permitted on the property.
13. Individuals deemed by the range safety officer, or other employees of the indoor shooting
range, to be under the influence of drugs and/or alcohol and as such present a safety concern, shall be
prohibited from utilizing the indoor shooting range.
14. Individuals who the range safety officer, or other employees of the indoor shooting range,
believes to pose a threat to themselves or others, shall be prohibited from utilizing the indoor shooting
range. The Carlsbad police department shall be contacted immediately if the range safety officer, or an
employee, reasonably believes that a person on the premises may be a threat to themselves or others.
15. Individuals under eighteen (18) years of age will be allowed to utilize the facility, provided:
4
They are at least eight years of age; and accompanied by parent or legal guardian; or.
They are accompanied by parent or legal guardian, or are under adult supervision and a
signed release and waiver of liability by the parent or guardian is provided.
16. All persons at the firing line shall wear approved eye and ear protection under the
supervision of the range safety officer. All employees of an indoor shooting range shall receive eye and
ear protection and shall receive proper training regarding the use of suitable eye and ear protection. The
city holds no liability for eye and ear damage occurring as a result of working at, or using the indoor
shooting range.
17. The sale and rental of firearms, the proper storage of ammunition, firearms and the sale
of accessories onsite sare permitted, subject to applicable state and federal laws. All such uses shall be
clearly documented and considered as part of the conditional use permit application.
18. The manufacture of ammunition shall not be allowed, except for bullet reloading, unless
permitted through the conditional use permit.
19. All doors, gates, and entrances between the shooting points and backstop shall be
securely locked at all times when a person is engaged in practice shooting.
d. Safety and management plan. A plan with detailed standard operating procedures for
safety and conformance with environmental laws shall be submitted with the conditional use permit
application and reviewed and approved by the Carlsbad chief of police or designee, public works director
or designee and city planner or designee. The plan must be in full compliance with the National Shooting
Sports Foundation 5-Star Assessment, or equivalent rating system (if applicable), and/or the NRA Range
Source Book: A Guide to Planning and Construction, published by the National Rifle Association, or by an
equivalent guidebook (if applicable) deemed comparable by the Carlsbad chief of police or designee,
public works director or designee and city planner or designee. Such informationplan shall include, but
not be limited to, the following information:
1. Plans for the installation and maintenance of interior and exterior surveillance cameras.
Cameras shall observe the parking lot, lobby, store, firing lanes, and all general areas within an indoor
shooting range and its perimeter. Recordings from the surveillance cameras must be maintained for not
less than thirty (30) days and shall be made available to members of the Carlsbad police department upon
request.
2. Plans for the installation and maintenance of adequate exterior and interior lighting.
3. Protocols for the safe display and storage of firearms and ammunition.
4. Protocols to ensure open lines of communication exists between an indoor shooting
range and Carlsbad police and fire departments. These protocols shall be developed, with cooperation of
the Carlsbad police and fire departments.
5. Protocols to ensure that firearms arid ammunition deemed unsafe will not be discharged
within the firing line.
6. Protocols to ensure access behind the firing line is provided in a safe and controlled
manner.
7. Any areas of the indoor shooting range used for tactical shooting shall be clearly
identified.
8. Procedures to prevent suicides within the indoor shooting range.
9. Procedures to prevent the theft of rented firearms.
5
10. Plans to adequately staff the range with range safety officers.
11. An evacuation plan shall be provided.
12. Hours of operation.
13. A plan to reduce exposure to hazardous waste, provide clean air and decrease noise for
all employees and customers in accordance with the California Division of Occupational Safety and Health
and the National Institute for Occupational Safety and Health's (NIOSH) Preventing Occupational Exposure
to Lead and Noise at Indoor Shooting Ranges, published by the Centers for Disease Control and
Prevention.
14. Disclosure and education regarding lead hazards shall be provided to employees and
customers.
15. A hazardous waste diversion and disposal plan in accordance with California Department
of Toxic Substances Control regulatory standards. The removal of lead, and any waste materials and
liquids that are contaminated with lead, must be addressed in this plan. This plan shall also include the
recycling of spent lead bullets consistent with state and federal law.
16. Exhaust air ventilated from inside the shooting range out of the building shall be filtered
to meet the California Environmental Protection A nc ambient air sualit standards for lead.
17. A plan to mitigate outside noise impacts on—t-e the surrounding communit , shall be
providedconsistent , - dards of the M--ZaRne. An indoor shooting range shall
meet a one hour average sound level of 65 dBA Ltg-1m, as measured at the property line. In addition, an
indoor shooting range shall not cause the noise within buildings on the same lot or adjacent lots to exceed
a one hour average sound level of 45 dBA L„-lm. Noise measurements shall account for peak hour usage.
A noise study shall be prepared consistent with the requirements of the Carlsbad Noise Guidelines Manual
demonstrating compliance with this requirement.
18. Failure to submit a safety and management plan as required shall be grounds to refuse to
accept or automatically deny an application for a conditional use permit. Failure to adequately implement
or maintain the safety and management plan and any provision of this ordinance shall be grounds for
revocation of the conditional use permit, pursuant to section 21.42.120.
19. Any future revisions or modifications of the safety and management plan must be
approved by the Carlsbad chief of police or designee, public works director or designee and city planner
or designee. Failure to obtain approval or otherwise disregard, edit, modify, revise or in any way change
the safety and management plan on file is grounds for revocation of the conditional use permit, pursuant
to section 21.42.120.
6
I a
Table A of Section 21.44.020 (Off-street parking spaces required) is proposed to be amended by the
addition of the following use under the general category of Commercial, Industrial and other Non-
Residential Uses:
Use Number of Off-street Parking Spaces
Commercial, Industrial
and other Non-
Residential Uses
Shooting Ranges 1.52 spaces for each firing lane within the
(indoor) range, plus required parking for other
associated uses based on the parking
standard for each use
7
Attachment 3 Shooting Range Analysis
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Sensitive Use Areas within — — 600400t Buffer from Sensitive Use Area
600 Feet of Industrial Land: -- - j Industrial Land Subject to P-M Uses - Impacted by the Buffer
Industrial Land Subject to P-M Uses - Not Impacted by the Buffer
Master or Specific Plan Boundary
Residential Area
School
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Planning Commission Minutes November 18, 2015 Page 6
John Bailey, 790 Magnolia Avenue, stated he supports the concept of the master plan. Main concern is
not only parking. The parking reductions are 30 to 40 per cent in parking. The proposal is eliminating any
visitor parking in the barrio and residents. Will do irreparable damage to the area if the parking reductions
are enforced.
Chairperson Anderson closed public testimony on Agenda Item 4.
Chairperson Anderson closed the public hearing on Agenda Item 4, asked Mr. Neu to introduce the next
item and opened the public hearing on Agenda Item 1,
1. ZCA 15-03/LCPA 15-04 — INDOOR SHOOTING RANGE CODE AMENDMENT — A
request to recommend adoption of findings to determine that the project is within the scope
of the previously certified General Plan Environmental Impact Report (EIR 13-02); and
recommending approval of a Zoning Ordinance Amendment and a Local Coastal Program
Amendment to add "indoor shooting ranges" as a conditionally permitted use in the
Planned Industrial (P-M) Zone and to establish development and operational standards for
indoor shooting ranges.
Mr. Neu introduced Agenda Item 1 and stated Associate Planner Corey Funk would make the staff
presentation.
Mr. Funk gave a brief presentation and stated he would be available to answer any questions.
Chairperson Anderson asked if there were any questions of staff.
Commissioner Black asked how noise will be measured in an existing building if a shooting range is built
next to it and what will happen if the noise level in the existing building then exceeds the allowable noise
level. Mr. Funk stated that through the Conditional Use Permit (CUP) process, staff would request a
preliminary noise study to be provided by the applicant. That study may require some form of modeling
that would show how the existing building is constructed and how the new building could be constructed to
lessen the noise for the existing building. A secondary noise study could be required in order to confirm
the noise levels are appropriate.
Commissioner Siekmann asked who will pay for background checks. Mr. Funk stated it would be
established through the business license process and the cost will be incurred by the applicant.
Commissioner Montgomery asked how staff determined 2 parking stalls per firing lane was adequate and
asked if that is on a comfortable side based on what other cities have done. Mr. Funk stated staff looked
at other codes, many of which do not have a parking standard for shooting ranges. Many require 1 parking
stall/firing lane while others require 2 parking stalls/firing lane; however, staff did not find any that require
more than that. Staff feels that 2 parking stalls/firing lane is warranted. Commissioner Montgomery
commented that 2 stalls is the upper range of what other cities require. Mr. Funk stated that was correct.
Commissioner Segall asked for clarification on the errata sheet, under general requirements, regarding
ballistic protection on all four sides. Mr. Funk stated the proposed changes would accomplish ballistic
protection on all four sides. Staff's intention is that the building should be designed to provide ballistic
protection within the range portion of the building. Commissioner Segall stated it is confusing the way it is
written. Mr. Neu stated that based on some of the feedback staff received with the original wording (front,
back, floor, walls, ceiling), it was decided that it would be better to have flexibility and to indicate the range
portion of the building as opposed to the entire building. Commissioner Segall stated it wasn't clear how it
is written.
Commissioner Segall commented that when a use like this is shoehorned into existing buildings it does not
work very well. He stated he is not sure that issue is completely addressed with the proposed revisions. It
is not just noise; it is safety and compatibility. Mr. Neu stated that a challenge with the amendment, at least
with noise, is that it is very site specific. The larger issue is that there are not many jurisdictions with codes
addressing the issues so there was not a great deal of information to guide staff to address building
separation issues. Commissioner Segall stated that he would like to see some additional language included
that protects existing businesses and uses from compatibility issues. Mr. Kemp commented that in
reviewing case law, there is nothing out there in the state of California as this is a fairly new area of the law.
Planning Commission Minutes November 18, 2015 Page 7
He stated that there have been federal cases out of Chicago. The second amendment allows citizens the
right to bear arms. The city of Chicago attempted to say someone could not have a gun unless there was
training and they did not allow ranges. Some of the laws that came from that are that a city cannot require
training without providing the opportunity to receive the training. The city of Chicago allowed ranges but
made it so restrictive that the ranges were only allowed in about 10% of the city. The courts found that that
was too much unless the city could articulate strong public health and safety reasons for why they were
doing that with some hard evidence as to how that served the public purpose. In light of that, Mr. Kemp
stated that he does not think the city can articulate strong public health and safety reasons to pick a buffer
that would eliminate 90% of the sites in the city unless there was evidence as to why that was so. What
the court did find was that if a city had a noise ordinance that was enforced equally against all uses in that
zone, it would be allowed. It also found that if there are construction standards that allowed for ballistic
protection, that would be acceptable; however, when buffers are incorporated without lack of evidence or
support for that purpose, cities run into issues if all the areas are restricted. Mr. Kemp advised that if a
buffer is set, there needs to articulable evidence and proof about how that advances a public purpose.
Commissioner Segall asked if existing businesses/occupants have rights too such that if a shooting range
would cause them to leave. Mr. Kemp stated that there is the concept of compatibility. It may be that the
Commission can set a buffer similar to what the city of Poway has and as individual applications are
received, staff can analyze compatibility with existing properties. At this point it is quite speculative to say
what could happen in a particular location. Commissioner Segall commented that any compatibility issues
should be articulated up front instead of waiting until it is before the Planning Commission. Mr. Kemp stated
he understands the Commission is uncomfortable with it, but he does not see that enough evidence has
been presented and where the city is infringing upon a second amendment right to pick a buffer.
Commissioner Segall commented that as long as the acceptable decibel levels are achieved in each
building, a 10 foot buffer between buildings would be allowed. Mr. Kemp stated no. The Commission can
select a reasonable buffer between buildings that would allow,a certain amount of uses in the city regardless
of what the noise was. The buffer cannot be so restrictive as to eliminate the majority of the potential sites.
Mr. Kemp added that the stricter the ordinance, the higher level of scrutiny under the law there will be.
Commissioner Segall asked what Mr. Kemp would advise for an appropriate buffer. Mr. Kemp stated that
the Commission needs to review the exhibits prepared by staff depicting various buffers and existing uses.
Commissioner Montgomery stated he is not in favor of a buffer of any kind. He stated that through
construction methods and building design, those issues can be mitigated. The Commission cannot just
arbitrarily assign a distance for a buffer. From the exhibits prepared by staff, in the P-M zone, 80%-90% of
the sites would not be applicable to a gun range because they are too large. As soon as a buffer, of 20
feet for example, is applied all of the remaining smaller buildings are eliminated. He stated he is more in
favor of construction methods and standards that eliminate the fear of noise moving the existing uses away.
It might be more costly for an applicant but it would more defensible for the city.
Chairperson Anderson stated her concern is property values for adjacent buildings will be affected.
Commissioner Siekmann stated that property values are not something the commission should be deciding
upon. Mr. Kemp stated that the problem with defending that is there is no evidence to point to that being
true.
Commissioner Siekmann added she agrees with Commissioner Montgomery regarding the noise
attenuation.
Chairperson Anderson opened public testimony on Agenda Item 1.
Lisa Gunther, 2717 Loker Ave West, Carlsbad, introduced Chris Hart, shooting range expert and consultant
with Action Target, 3411 S. Mountain Vista Parkway, Provo, Utah. Mr. Hart suggested that the Commission
not set a distance between buildings because the decibel levels already set will provide the sound barrier.
In the case of Gunther Guns, they will retrofit an existing building and construct walls for the range within
the existing walls, basically a bunker within an existing building. He stated the range will be quieter than
other ranges because of that construction.
Commissioner Montgomery asked if it is possible to achieve decibel levels lower than the proposed decibel
levels through construction methods. Mr. Hart stated yes, but there comes a point where the construction
costs are too prohibitive to even open a shooting range. Mr. Hart stated that 70 dBA at the property line is
a very common decibel level for an industrial building. Noise studies he has worked on indicate that passing
Planning Commission Minutes November 18, 2015 Page 8
traffic is louder than the noise from inside a shooting range. A 45 dBA is bewteen the sound of a whisper
and a low conversation. He stated he is concerned with the proposed 24 hour average noise study because
you do not know what goes on during the night, particularly since Gunther Guns is directly below the flight
path for Palomar Airport. A one hour peak is more accurate.
Commissioner Montgomery asked if it is possible for a shooting range to mitigate the noise requirements
with a one hour average reading. Mr. Hart stated yes although he has not seen it done.
Chairperson Anderson asked about age limits and height restriction. Mr. Hart stated he has not seen any
limits on age restrictions set forth by a city. Most ranges do have an age limit but those limits are set by
the ranges not by the city. He added that he has not seen a height restriction either.
Commissioner Black asked about parking. Mr. Hart stated 1.5 parking stalls per firing line is common as is
1 parking stall per firing lane, and additional parking is set per 1,000 feet of retail space. Commissioner
Black asked if employee parking is included in that figure. Mr. Hart stated no, typically employees park
offsite and that is something set by the range operator.
Chairperson Anderson closed public testimony on Agenda Item 1.
DISCUSSION
Commissioner Montgomery commented that having range locations in the P-M zone would cause an issue
with employees parking offsite as there is shortage of parking now. He stated that because of that, the
parking requirement should remain at 2 parking stalls per firing lane. He further stated that he likes the
amendment as it is written. Commissioner Montgomery added that while the ordinance is highly regulated
it still has flexibility for owners to set their own requirements. Regarding the noise requirements, he
commented that he would prefer a peak decibel reading instead of an hourly average. Commissioner
Montgomery stated he can approve the item.
Commissioner Black commented that he concurs with Commissioner Montgomery. He agrees that the
noise requirements should be a peak level instead of hourly. Commissioner Black also agreed to keep the
parking requirement at 2 parking stalls per firing lane. He further stated that the 65 and 45 decibel range
is appropriate for any spacing between buildings. He can support the item.
Commissioner Siekmann thanked staff for the hard work on the item. She can support the changes and
would like to add the peak for the noise requirement.
Commissioner Segall stated he is concerned with adding a buffer because he believes there will be
compatibility issues with existing uses being too close. He feels the existing buildings and businesses
should be protected. He stated he can support the item but would like to include a buffer as he thinks it is
wrong to shoehorn a use like this into an existing area. Commissioner Segall stated he can support the
other recommendations.
Chairperson Anderson stated she would like to see at least a minimum of a 20 foot buffer. She stated she
is concerned with the potential impacts to the neighbors.
Commissioner Montgomery suggested placing a requirement for a secondary noise study with peak
readings within the adjacent buildings.
Commissioner Segall stated his concern is that it is not just the noise or safety, it is the constant noise. A
buffer preserves that distance so the noise is lessened. He would also like to address compatibility issues.
Chairperson Anderson asked if any of the Commissioners were interested in including a 20 foot buffer.
Chairperson Anderson and Commissioner Segall expressed interest.
A motion was made by Commissioner Siekmann and was duly seconded by Commissioner Montgomery
that the Commission change the noise restriction to peak rather than hourly average of 65 decibels at the
property line and 45 decibels in a neighboring building. The motion passed 5-0.
Planning Commission Minutes November 18, 2015 Page 9
MOTION
ACTION: Motion by Commissioner Segall and duly seconded by Commissioner Black that the
Planning Commission adopt Planning Commission Resolution No. 7133
recommending adoption of findings to determine that the project is within the scope
of the previously certified General Plan Environmental Impact Report (EIR 13-02),
and recommending approval of Zoning Ordinance Amendment (ZCA 15-03) and
Local Coastal Program Amendment (LCPA 15-04), based on the findings contained
therein including the errata sheet dated November 18, 2015 and including the
amendment for the noise restriction.
VOTE: 5-0
AYES: Chairperson Anderson, Commissioner Black, Commissioner L'Heureux,
Commissioner Montgomery, Commissioner Segall and Commissioner Siekmann
NOES: None
ABSENT: Commissioner L'Heureux
ABSTAIN: None
Chairperson Anderson closed the public hearing on Agenda Item 1 and thanked staff for their presentations.
COMMISSION COMMENTS
None.
CITY PLANNER COMMENTS
None.
CITY ATTORNEY COMMENTS
None.
ADJOURNMENT
By proper motion, the Regular Meeting of the Planning Commission of November 18, 2015 was adjourned
at 10:00 p.m.
DON NEU
City Planner
Bridget Desmarais
Minutes Clerk
Planning Commission Minutes November 4, 2015 Page 8
4. ZCA 15-03/LCPA 15-04 — INDOOR SHOOTING RANGE CODE AMENDMENT — A
request to recommend adoption of findings to determine that the project is within the scope
of the previously certified General Plan Environmental Impact Report (EIR 13-02); and
recommending approval of a Zoning Ordinance Amendment and a Local Coastal Program
Amendment to add "indoor shooting ranges" as a conditionally permitted use in the
Planned Industrial (P-M) Zone and to establish development and operational standards for
indoor shooting ranges.
Mr. Neu introduced Agenda Item 4 and stated Associate Planner Corey Funk would make the staff
presentation.
Mr. Funk gave a brief presentation and stated he would be available to answer any questions.
Chairperson Anderson asked if there were any members of the audience who wished to speak on Agenda
Item 4.
Chairperson Anderson opened public testimony on Agenda Item 4.
Lisa Gunther, 2717 Loker Avenue West, Carlsbad, stated that she supports staff's recommendation.
Chairperson Anderson asked if there were any members of the audience who wished to speak on Agenda
Item 4. Seeing none, Chairperson Anderson closed public testimony and asked if there were any questions
of staff.
Commissioner Black stated his concerns are parking, noise and compatibility. He asked if the standards
can be structured to define the compatibility within any part of the business park, space between buildings,
etc. Mr. Funk stated a revision can be made to what has been proposed regarding space between
buildings. Commissioner Black stated he could leave that up to the city planner. Commissioner Black
asked about the sound requirement. Mr. Funk stated the conditional use permit (CUP) application would
require a noise study. Based on the design of a building, a noise study would estimate the sound levels
within a neighboring building.
Commissioner Siekmann stated she was in receipt of an email asking that she recuse herself from the item
because of her previous employment at Gunther's Gifts. She previously recused herself from previous
hearings regarding the specific project, Gunther's Guns. However, because this item is an ordinance and
not for a specific project, she can make a non-biased decision.
Commissioner Siekmann suggested that children be at least 8 years of age and at least 42" in height in
order to enter the shooting range. She also suggested changing the noise standards for hourly instead of
what is proposed. Commissioner Siekmann stated she would like to add that single shooters are not
allowed unless they carry their own gun. She added that the parking requirements should be based on a
per stall basis since many people will use the same stall. She also suggested that staff look into the range
master qualifications and how many range masters there should be. Commissioner Siekmann further
suggested the following changes to the proposed ordinance: page 3, #5 and #6 need to be more clear;
page 4, she feels that each time an employee changes or a principal changes, a background check must
be completed. She stated that the ordinance does not include anything about recycling the lead and she
feels that should be included. Commissioner Siekmann stated that #16 of the ordinance, regarding liability,
gives the wrong idea as the city takes no liability for anything; page 8, #13, regarding failure to adequately
implement or maintain the safety management plan, she would like to add "...or any requirement of this
ordinance..." Finally, Commissioner Siekmann suggested that shooting ranges should be a stand-alone
use, a free standing building.
Commissioner L'Heureux stated that the Commission wants to ensure that the requirements of the
ordinance result in a shooting range that is a good neighbor in the P-M zone and in the city. Commissioner
L'Heureux asked about specific plans within the P-M Zone which have their own rules and if the ordinance
would apply to those properties. Mr. Funk stated there are some specific plans that allow their own unique
set of uses which will have to be amended because the plans do not reference the P-M zone list of uses.
Mr. Neu commented that some specific plans that have been approved by the city have their own set of
zoning requirements, unique from the municipal code. This proposal is just amending the municipal code.
If there is interest in adding this use to one of the specific plan areas list of permitted uses, an amendment
Planning Commission Minutes November 4, 2015 Page 9
would have to be applied for. Commissioner L'Heureux stated that a major concern of his is allowing this
use in an existing multi-tenant building. He stated it should be in a stand-alone building. If that is the
decision, the question then becomes what would be the bare minimum of space between buildings.
Commissioner L'Heureux commented that shared parking agreements could be beneficial but he would like
to work out any issues prior to the CUP process. He further stated that the number of lane safety officers
should be tied to the number of lanes. He would also like to have a requirement for evacuation plans
included in the ordinance. He stated that he is really concerned with the background checks and feels it
should be similar to the requirements of the Alcohol and Beverage Control process. Commissioner
L'Heureux stated that he feels it is important to set the groundwork and the ordinance language needs to
be tightened up and refined.
Commissioner Segall stated that for compatibility issues there needs to be distance between any existing
businesses and structures to create buffer zones. He commented that he is not sure what that distance
should be. He agrees that it should be a free standing building and that it cannot be in buildings co-habitated
with other businesses. Commissioner Segall commented that there should be a distance between the
target end of range and the next building. He suggested that the following uses be added to the list of
sensitive use areas: liquor stores, wineries, churches, breweries and distillers. If those are added to the
ordinance, he further suggested that the reverse happen so that those uses cannot be located within 600
feet of a shooting range. Commissioner Segall stated the parking ratio should be 2:1 but added that any
conference rooms and training centers, club rooms need to be included in the parking calculations. He
added the special events at the ranges also need to be looked at and parked accordingly. Commissioner
Segall commented that there are tactical ranges and other types of ranges and the differences should be
identified in the ordinance as each type would have a different set of standards. Commissioner Segall
asked about negligent discharge and what happens if that occurs. He further asked about the number of
range masters per stall and stated that those standards need to be articulated. Commissioner Segall
commented that many of the possible locations identified by staff are sites located along the approach to
Palomar Airport and he asked if staff has checked with FAA for any regulations or restrictions on shooting
ranges located near airports. Commissioner Segall commented that the operating hours, specified in the
ordinance as 8:00 a.m. to 10:00 p.m., should be from 10:00 a.m. to 10:00 a.m. as is with other shooting
ranges in the county. He further commented that regarding ammunition storage, it should be individual
packages and not barrel stored. Commissioner Segall suggested hiring a consultant to help advise staff
and the Commission on some of these issues brought up tonight. Regarding the 5 star rating,
Commissioner Segall commented that it is a high rating, similar to that of a hotel's 5 diamond rating, which
is something the city should aspire to but not necessarily something that needs to be included in the
ordinance.
Chairperson Anderson commented that in her visits to local shooting ranges, one location has all of their
employees as NRA range safety officer trained. She feels that the ordinance should specify that employees
receive training through a specialized program such as the NRA. She commented that the ordinance
should be more specific on the containment of the noise and soundproofing. Chairperson Anderson agreed
that there should not be adjoining or shared walls for another business. She further commented that she
feels very strongly that there should be 3 parking spaces per shooting lane. Chairperson Anderson stated
that she feels this item should not be rushed through and that the city should be specific and proactive with
the matter. She added that the ordinance should specify that a child needs to be with a parent or a legal
guardian.
Mr. Neu stated one approach would be to look at topical issues as there was quite a bit of overlap. He
added that staff's charge is to deal with land use issues and many of the issues that have come up with this
item are operational issues. In terms of how the Commission moves forward, he suggested taking the
issues that have been brought up and determining what the majority of the Commission would like to do.
Staff can then return with the proposed changes at the next meeting on November 18.
Commissioner L'Heureux asked if public testimony would be reopened if the item is returned to staff for
revisions and refinement. Ms. Stroud recommended reopening public testimony at the next hearing
because the recommended changes seem to be fairly substantial.
Planning Commission Minutes November 4, 2015 Page 10
The Planning Commission discussed and voted on the following topic areas:
Parking standard
Mr. Neu stated that in staff's research, there were many different options including 3 spaces per shooting
lane. Staff is suggesting a set number of spaces per shooting lane. Staff approached the parking this way
because with any building in the city, particularly in the industrial park, each area of the building is parked
based on its use. Chairperson Anderson commented that 1.5 spaces will not be adequate. Commissioner
Siekmann stated her concurrence with Chairperson Anderson.
The Commission voted to recommend a parking standard of 3 parking spaces per shooting lane.
Building Separation
Mr. Neu stated that staff would return with revised documents to indicate that multi-tenant buildings would
not be permitted, and only stand-alone buildings would be permitted. He further stated that staff can further
research and present the Commission with information regarding the appropriate space between buildings.
Mr. Neu added that the details regarding construction of the buildings will be reviewed with a CUP
application so that the standards included in the ordinance will be met.
Noise Levels
Mr. Neu stated that the ordinance is structured to provide a 24 hour average noise level. The Commission
voted to recommend a 1 hour average for noise.
Operational Plan
Commissioner L'Heureux commented that in talking with the owners of local ranges, they indicated that the
combination of age and height is very integrated. He added that by not knowing what a building would look
like, it is appropriate for the ordinance to at least include a minimum for age and height. Mr. Neu stated
that most of that falls to the discretion of the range operator and the safety officers and what they feel is
safe. Commissioner Black asked if age and height restrictions would be details stipulated in a CUP
application. Mr. Neu stated that an applicant, as part of the required management plan for the CUP, can
propose that. The ordinance can require a minimum. Commissioner L'Heureux stated he views the
ordinance as providing minimums. The more specific the Commission can be, the easier it will be for staff
and applicants. Commissioners L'Heureux and Siekmann stated their agreement with a minimum of 8
years old and 42" tall. Chairperson Anderson and Commissioner Segall stated their preference for a
minimum of 10 years old and 42" tall.
The Commission voted to recommend that a parent or legal guardian must accompany a minor.
The Commission also voted to recommend that a single shooter should bring his or her own gun.
Range Master/Safety Officer
Mr. Funk stated that the ordinance has a requirement for a range safety officer but it does not specify any
type of necessary qualifications or a specific number per lane. Mr. Neu suggested leaving the number of
officers per lane to the operator.
The Commission agreed to have an applicant, as part of the application process, submit a management
plan detailing how many range masters/safety officers will be onsite and how many officers per lane.
The Commission voted to recommend that the range masters/safety officers have the training of the NRA,
an equivalent or better.
Background Check Requirement
Mr. Neu stated that the ordinance would be revised to include that in the case of a change in ownership,
background checks be required.
The Commission agreed to recommend that any person with 10% ownership and all employees will be
required to undergo background checks.
Planning Commission Minutes November 4, 2015 Page 11
Transfer of Conditional Use Permit
Mr. Neu stated that all CUPs run with the land. He stated that CUP applicants are required to notify the city
of a change of owner or mailing address. Mr. Neu stated that staff can research the issue. Ms. Stroud
commented that she can work with the Planning Division regarding the issue.
Recycling of Lead
The Commission voted to recommend that the ordinance be modified to include the recycling of lead.
Liability
Mr. Neu stated that staff will research and propose changes to the issue of liability as indicated in the
ordinance on page 6, #16.
Distance Requirements
Staff will modify page 3, numbers 5 and 6, of the ordinance to make the items more straight-forward.
Evacuation Plan
The Commission agreed to have an evacuation plan added to the operational requirements.
Buffer for Sensitive Use Areas
Mr. Neu stated that the ordinance would be revised to include a requirement that ranges cannot be located
within a 600 foot buffer for sensitive use areas and likewise once a shooting range is established, sensitive
uses will not be allowed within 600 feet of an indoor shooting range.
Distance Between End of Range and Distance to Next Buildings
This issue should be addressed with the building separation.
Special Events and Parking
Staff will return with information for the Commission regarding parking for special events.
Special Requirements or Standards for Tactical Ranges
Staff will add wording for the design of tactical ranges.
Airport
When a project is submitted, staff will have to make sure the design of the range is compatible with the
airport's Land Use Compatibility Plan. Staff will return with information regarding assembly requirements
and influence areas and safety zones of the airport. Commissioner L'Heureux suggested including graphics
with the ordinance.
Barrel Stored Ammunition
Mr. Neu commented that this would be considered an operational issue, and it would be reviewed by the
Fire Department once an application was submitted.
Hours of Operation
The Commission agreed this would be an operational issue.
Soundproofing of the Ceiling
Mr. Neu stated the standards will refer back to the acoustical analysis.
Motion
ACTION: Motion by Commissioner Segall and duly seconded by Commissioner Siekmann that
the Planning Commission continue Agenda Item No. 4 to a date specific of November
18 to receive the revised ordinance per the modifications previously stated.
VOTE: 5-0
AYES: Chairperson Anderson, Commissioner Black, Commissioner L'Heureux,
Commissioner Segall and Commissioner Siekmann
NOES: None
ABSENT: Commissioner Montgomery
ABSTAIN: None
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City
Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200
Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, L s(lick I--ierj7, to consider
adoption of findings to determine that the project is within the scope of the previously certified
General Plan Environmental Impact Report (EIR 13-02); and approval of a Zoning Ordinance
Amendment and a Local Coastal Program Amendment to add "indoor shooting ranges" as a
conditionally permitted use in the Planned Industrial (P-M) Zone and to establish development
and operational standards for indoor shooting ranges.
Whereas, on November 18, 2015 the City of Carlsbad Planning Commission voted 5-0 to
recommend adoption of findings to determine that the project is within the scope of the
previously certified General Plan Environmental Impact Report (EIR 13-02); and recommending
approval of a Zoning Ordinance Amendment and a Local Coastal Program Amendment to add
"indoor shooting ranges" as a conditionally permitted use in the Planned Industrial (P-M) Zone
and to establish development and operational standards for indoor shooting ranges.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the agenda bill will be available on and after (Ciic' _k Here)]. If you have any
questions, please contact Corey Funk in the Planning Division at (760) 602-4645 or
corey.funkcarlsbadca.gov.
If you challenge the (click et-e)l in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice or in written correspondence
delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive,
Carlsbad, CA 92008, at or prior to the public hearing.
CASE FILE: MCA 15-03/ZCA 15-03/LCPA 15-04
CASE NAME: INDOOR SHOOTING RANGE CODE AMENDMENT
PUBLISH:
CITY OF CARLSBAD
CITY COUNCIL
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EDWIN ROMERO, CHAIRPERSON
1095 BARONA RD
LAKESIDE CA 92040
BUSINESS, TRANS & HSG AGENCY
915 CAPITOL MALL #350B
SACRAMENTO CA 958144801
>
CHANNEL ISLANDS NATL PARK
SUPERINTENDENT'S OFFICE
1901 SPINNAKER DR
SAN GUENA VENTURA CA 93001
COUNTY OF SD
SUPERVISOR
RM 335
1600 PACIFIC
SAN DIEGO CA 92101
DEPT OF FOOD & AGRICULTURE
AGRICULTURAL RESOURCES
RM 100
1220 N ST
SACRAMENTO CA 95814
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AXELSON & CORN ATTORNEYS AT LAW
160 CHESTERFIELD DR SUITE 201
ENCINITAS CA 92007
CA COASTAL COMMISSION
STE 103
7575 METROPOLITAN DR
SAN DIEGO CA 92108
CITY OF ENCINITAS
505 S VULCAN AV
ENCINITAS CA 92024
DEPT OF DEFENSE
LOS ANGELES DIST ENG
PO BOX 2711
LOS ANGELES CA 90053
DEPT OF FORESTRY
ENV COORD
PO BOX 944246
SACRAMENTO CA 942442460
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2800 COTTAGE WAY
SACRAMENTO CA 95825
CA DEPT OF TRANSPORTATION
DISTRICT 11 - DIVISION OF
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4050 TAYLOR STREET, MS-240
SAN DIEGO CA 92110
COASTAL CONSERVANCY
STE 1100
1330 BROADWAY
OAKLAND CA 94612
DEPT OF FISH & GAME
ENV SERV DIV
PO BOX 944246
SACRAMENTO CA 942442460
DEPT OF HOUSING & URBAN DEV
REGION IX
ENVIRONMENTAL OFFICER
611 WEST SIXTH ST, STE. 811
LOS ANGELES CA 90017
DEPT OF JUSTICE
DEPT OF ATTY GEN
RM 700
110 WEST A ST
SAN DIEGO CA 92101
MARINE RESOURCES REG DR & G
ENV SERVICES SPR
STE J
4665 LAMPSON AVE
LOS ALAMITOS CA 907205139
FED AVIATION ADMIN WESTERN REG
PO BOX 92007
LOS ANGELES CA
OFF OF PLANNING & RESEARCH
OFF OF LOCAL GOV AFFAIRS
PO BOX 3044
SACRAMENTO CA 958123044
FEDERAL ENERGY REGULATORY
COMMISSION
100 1ST ST., STE 2300
SAN FRANCISCO CA 941053084
SAN FRANCISCO BAY CONSERV & DEV
COM
STE 10600
455 GOLDEN GATE AVE
SAN FRANCISCO CA 941027019
SDGE
8315 CENTURY PARK CT
SAN DIEGO CA 92123
SD COUNTY
PLANNING & LAND USE DEPT
STE 310
5510 OVERLAND AVE
SAN DIEGO CA 921231239
STATE LANDS COMMISSION
STE 1005
100 HOWE AV
SACRAMENTO CA 958258202
US BUREAU OF LAND MGMT
STE RM W
2800 COTTAGE WY
SACRAMENTO CA 95825
SANDAG
EXEC DIRECTOR
STE 800
1ST INTL PLZ 401 BST
SAN DIEGO CA 92101
US ARMY CORPS OF ENGINEER
915 WILSHIRE BLVD SUITE 1101
LOS ANGELES CA 90017
US BUREAU OF RECLAMATION
27708 JEFFERSON AVE, STE 202
TEMECULA CA 92590
US FISH & WILDLIFE SERVICES
2800 COTTAGE WAY
STE W-2605
SACRAMENTO CA 95825
USDA RURAL DEVELOPMENT
DEPT 4169
430 G ST
DAVIS CA 95606
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CARLSBAD CHAMBER OF COMMERCE
5934 PRIESTLEY DR
CARLSBAD CA 92008
SAN MARCOS SCHOOL DISTRICT
STE 250
255 PICO AV
SAN MARCOS CA 92069
LEUCADIA WASTE WATER DISTRICT
TIM JOCHEN
1960 LA COSTA AV
CARLSBAD CA 92009
CITY OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069-2949
VALLECITOS WATER DISTRICT
201 VALLECITOS DE ORO
SAN MARCOS CA 92069
REGIONAL WATER QUALITY CONTROL
BOARD
STE 100
2375 NORTHSIDE DR
SAN DIEGO CA 92108-2700
AIR POLLUTION CONTROL DISTRICT
10124 OLD GROVE RD
SAN DIEGO CA 92131
CA COASTAL COMMISSION
ATTN KANANI BROWN
STE 103
7575 METROPOLITAN DR
SAN DIEGO CA 92108-4402
SD COUNTY PLANNING
STE 110
5510 OVERLAND AV
SAN DIEGO CA 92123-1239
SAN DAG
STE 800
401 B ST
SAN DIEGO CA 92101
AIRPORT LAND USE COMMISSION
SAN DIEGO CO. AIRPORT AUTHORITY
PO BOX 82776
SAN DIEGO CA 92138-2776
GREGG GUNTHER
GUNTHER GUNS INC
2717 LOKER AV WEST
CARLSBAD CA 92010
MIKE HOWES
PRINCIPAL
STE 217
2888 LOKER AV EAST
CARLSBAD CA 92010
/
CARLSBAD UNIFIED SCHOOL DISTRICT
6225 EL CAMINO REAL
CARLSBAD CA 92011
SAN DIEGUITO SCHOOL DISTRICT
710 ENCINITAS BLVD
ENCINITAS CA 92024
CITY OF ENCINITAS
505 S VULCAN AV
ENCINITAS CA 92024
CITY OF VISTA
200 CIVIC CENTER DR
VISTA CA 92084
STATE OF CALIFORNIA
DEPT OF FISH AND WILDLIFE
3883 RUFFIN RD
SAN DIEGO CA 92123
SAN DIEGO LAFCO
STE 200
9335 HAZARD WAY
SAN DIEGO CA 92123
U.S. FISH & WILDLIFE
STE 250
2177 SALK AV
CARLSBAD CA 92011
MICHAEL MCSWEENEY — BIA SD
STE 110
9201 SPECTRUM CENTER BLVD
SAN DIEGO CA 92123-1407
ENCINITAS SCHOOL DISTRICT
101 RANCHO SANTA FE RD
ENCINITAS CA 92024
OLIVENHAIN WATER DISTRICT
1966 OLIVENHAIN RD
ENCINITAS CA 92024
CITY OF OCEANSIDE
300 NORTH COAST HWY
OCEANSIDE CA 92054
I.P.U.A.
SCHOOL OF PUBLIC ADMIN AND URBAN
STUDIES
SAN DIEGO STATE UNIVERSITY
SAN DIEGO CA 92182-4505
CITY CLERK'S 0
( ignat re)
nature)
AFFIDAVIT OF MAILING
NOTICE OF PUBLIC HEARING
TO: CITY CLERK
DATE OF PUBLIC HEARING: 121151S-
SUBJECT: VICILOY S3/400 \Zanoje/ Coci-e -WwleiviAmext- .
LOCATION: Cok,totiA NiyOS( - \9-W a ylSbaa Pave ('.-151 crt-i2pco
/15
NUMBER MAILED:
I declare under penalty of perjury under the laws of the State of California that I am
employed by the City of Carlsbad and the foregoing is true and correct.
DATE NOTICES MAILED TO PROPERTY OWNERS:
SENT TO FOR PUBLICATION VIA E-MAIL TO:
1 2 /1 )1c—
(Date)
Union Tribune
Coast News
PUBLICATION DATE: Union Tribune
al 9,11s-
Coast News
I declare under penalty of perjury under the laws of the State of California that I am
employed by the City of Carlsbad in the City Clerk's Office e foregoing is true and
correct.
Date: 111*IC
Attachments: 1) Mailing Labels
2) Notice w/ attachments
This space is for the County Clerk's Filing Stamp
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident
of the County aforesaid: I am over the age of
eighteen years and not a party to or interested in
the above-entitled matter. I am the principal clerk
of the printer of
The San Diego Union Tribune
Formerly known as the North County Times and
UT North County and which newspaper has been
adjudicated as a newspaper of general circulation
by the Superior Court of the County of San Diego,
State of California, for the City of Oceanside and
the City of Escondido, Court Decree numbers
171349 & 172171, for the County of San Diego,
that the notice of which the annexed is a printed
copy (set in type not smaller than nonpariel), has
been published in each regular and entire issue of
said newspaper and not in any supplement thereof
Proof of Publication of
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected,
that the City Council of the City of Carlsbad will hold a public hearing
at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, Califor-
nia, at 6:00 p.m. on Tuesday, December 15, 2015, to consider adoption
of findings to determine that the project is within the scope of the pre-
viously certified General Plan Environmental Impact Report (EIR 13-02);
and approval of a Zoning Ordinance Amendment and a Local Coastal
Program Amendment to add "indoor shooting ranges" as a conditionally
permitted use in the Planned Industrial (P-M) Zone and to establish de-
velopment and operational standards for indoor shooting ranges.
Whereas, on November 18, 2015 the City of Carlsbad Planning Commis-
sion voted 5-0 to recommend adoption of findings to determine that the
project is within the scope of the previously certified General Plan Envi-
ronmental Impact Report (EIR 13-02); and recommending approval of
a Zoning Ordinance Amendment and a Local Coastal Program Amend-
ment to add "indoor shooting ranges" as a conditionally permitted use
in the Planned Industrial (P-M) Zone and to establish development and
operational standards for indoor shooting ranges.
Those persons wishing to speak on this proposal are cordially invited to
attend the public hearing. Copies of the agenda bill will be available on
and after December 11,2015. If you have any questions, please contact
Corey Funk in the Planning Division at (760) 602-4645 or corey.funk@
carlsbadca.gov.
If you challenge the Municipal Code Amendment, Zone Code Amend-
ment and/or Local Coastal Program Amendment in court, you may be
limited to raising only those issues you or someone else raised at the
public hearing described in this notice or in written correspondence de-
livered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad
Village Drive, Carlsbad, CA 92008, at or prior to the public hearing.
CASE FILE: MCA 15-03/ZCA 15-03/LCPA 15-04
CASE NAME: INDOOR SHOOTING RANGE CODE AMENDMENT
CITY OF CARLSBAD CITY COUNCIL pub: 12/03/15
December 03rd, 2015
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at Oceanside, California
On This 03rd, of December, 2015
Jane Allshouse
The San Diego Union Tribune
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EDWIN ROMERO, CHAIRPERSON
1095 BARONA RD
LAKESIDE CA 92040
AXE LSON & CORN ATTORNEYS AT LAW
160 CHESTERFIELD DR SUITE 201
ENCINITAS CA 92007
SANDAG
EXEC DIRECTOR
STE 800
1ST INTL PLZ 401 BST
SAN DIEGO CA 92101
SD COUNTY
PLANNING & LAND USE DEPT
STE 310
5510 OVERLAND AVE
SAN DIEGO CA 921231239
"im Bend along line to I • _
Feed Paper expose Pop-up EdgeTM
US ARMY CORPS OF ENGINEER
915 WILSHIRE BLVD SUITE 1101
LOS ANGELES CA 90017
US FISH & WILDLIFE SERVICES
2800 COTTAGE WAY
STE W-2605
SACRAMENTO CA 95825
CI AVERY® 51600 I
A
BUREAU OF INDIAN AFFAIRS
2800 COTTAGE WAY
SACRAMENTO CA 95825
CA DEPT OF TRANSPORTATION
DISTRICT 11 - DIVISION OF
PLANNING/DEVELOPMENT REVIEW
4050 TAYLOR STREET, MS-240
SAN DIEGO CA 92110
COASTAL CONSERVANCY
STE 1100
1330 BROADWAY
OAKLAND CA 94612
DEPT OF FISH & GAME
ENV SERV DIV
PO BOX 944246
SACRAMENTO CA 942442460
DEPT OF HOUSING & URBAN DEV
REGION IX
ENVIRONMENTAL OFFICER
611 WEST SIXTH ST, STE. 811
LOS ANGELES CA 90017
FEDERAL ENERGY REGULATORY
COMMISSION
100 1ST ST., STE 2300
SAN FRANCISCO CA 941053084
SAN FRANCISCO BAY CONSERV & DEV
COM
STE 10600
455 GOLDEN GATE AVE
SAN FRANCISCO CA 941027019
SDGE
8315 CENTURY PARK CT
SAN DIEGO CA 92123
US BUREAU OF LAND MGMT
STE RM W
2800 COTTAGE WY
SACRAMENTO CA 95825
USDA RURAL DEVELOPMENT
DEPT 4169
430 G ST
DAVIS CA 95606
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STATE LANDS COMMISSION
STE 1005
100 HOWE AV
SACRAMENTO CA 958258202
US BUREAU OF RECLAMATION
27708 JEFFERSON AVE, STE 202
TEMECULA CA 92590
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BUSINESS, TRANS & HSG AGENCY
915 CAPITOL MALL #3506
SACRAMENTO CA 958144801
CHANNEL ISLANDS NATL PARK
SUPERINTENDENT'S OFFICE
1901 SPINNAKER DR
SAN GUENA VENTURA CA 93001
COUNTY OF SD
SUPERVISOR
RM 335
1600 PACIFIC
SAN DIEGO CA 92101
DEPT OF FOOD & AGRICULTURE
AGRICULTURAL RESOURCES
RM 100
1220 N ST
SACRAMENTO CA 95814
CA COASTAL COMMISSION
STE 103
7575 METROPOLITAN DR
SAN DIEGO CA 92108
CITY OF ENCINITAS
505 S VULCAN AV
ENCINITAS CA 92024
DEPT OF DEFENSE
LOS ANGELES DIST ENG
PO BOX 2711
LOS ANGELES CA 90053
DEPT OF FORESTRY
ENV COORD
PO BOX 944246
SACRAMENTO CA 942442460
DEPT OF JUSTICE
DEPT OF ATTY GEN
RM 700
110 WEST A ST
SAN DIEGO CA 92101
FED AVIATION ADMIN WESTERN REG
PO BOX 92007
LOS ANGELES CA
MARINE RESOURCES REG DR & G
ENV SERVICES SPR
STE J
4665 LAMPSON AVE
LOS ALAMITOS CA 907205139
OFF OF PLANNING & RESEARCH
OFF OF LOCAL GOV AFFAIRS
PO BOX 3044
SACRAMENTO CA 958123044
A
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ENCINITAS SCHOOL DISTRICT
101 RANCHO SANTA FE RD
ENCINITAS CA 92024
OLIVENHAIN WATER DISTRICT
1966 OLIVENHAIN RD
ENCINITAS CA 92024
CITY OF OCEANSIDE
300 NORTH COAST HWY
OCEANSIDE CA 92054
I.P.U.A.
SCHOOL OF PUBLIC ADMIN AND URBAN
STUDIES
SAN DIEGO STATE UNIVERSITY
SAN DIEGO CA 92182-4505
SD COUNTY PLANNING
STE 110
5510 OVERLAND AV
SAN DIEGO CA 92123-1239
SAN DAG
STE 800
401 B ST
SAN DIEGO CA 92101
AIRPORT LAND USE COMMISSION
SAN DIEGO CO. AIRPORT AUTHORITY
PO BOX 82776
SAN DIEGO CA 92138-2776
CITY OF ENCINITAS
505 S VULCAN AV
ENCINITAS CA 92024
CITY OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069-2949
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CARLSBAD UNIFIED SCHOOL DISTRICT
6225 EL CAMINO REAL
CARLSBAD CA 92011
SAN DIEGUITO SCHOOL DISTRICT
710 ENCINITAS BLVD
ENCINITAS CA 92024
SAN MARCOS SCHOOL DISTRICT
STE 250
255 PICO AV
SAN MARCOS CA 92069
LEUCADIA WASTE WATER DISTRICT
TIM JOCHEN
1960 LA COSTA AV
CARLSBAD CA 92009
CITY OF VISTA
200 CIVIC CENTER DR
VISTA CA 92084
STATE OF CALIFORNIA
DEPT OF FISH AND WILDLIFE
3883 RUFFIN RD
SAN DIEGO CA 92123
SAN DIEGO LAFCO
STE 200
9335 HAZARD WAY
SAN DIEGO CA 92123
VALLECITOS WATER DISTRICT
201 VALLECITOS DE ORO
SAN MARCOS CA 92069
REGIONAL WATER QUALITY CONTROL
BOARD
STE 100
2375 NORTHSIDE DR
SAN DIEGO CA 92108-2700
AIR POLLUTION CONTROL DISTRICT
10124 OLD GROVE RD
SAN DIEGO CA 92131
U.S. FISH & WILDLIFE
STE 250
2177 SALK AV
CARLSBAD CA 92011
CARLSBAD CHAMBER OF COMMERCE
5934 PRIESTLEY DR
CARLSBAD CA 92008
MIKE HOWES
PRINCIPAL
STE 217
2888 LOKER AV EAST
CARLSBAD CA 92010
CA COASTAL COMMISSION
ATTN KANANI BROWN
STE 103
7575 METROPOLITAN DR
SAN DIEGO CA 92108-4402
MICHAEL MCSWEENEY— BIA SD
STE 110
9201 SPECTRUM CENTER BLVD
SAN DIEGO CA 92123-1407
GREGG GUNTHER
GUNTHER GUNS INC
2717 LOKER AV WEST
CARLSBAD CA 92010
HowesWeiler &Associates
LAND USE PLANNING AND ENGINEERING
MEMORANDUM
All Receive - Agenda Item # 10
For the Information of the;
CITY COUNCIL
ACM VA iv—CC
l* 17,
DateIsCity Manager _V
DATE: December 15, 2015
TO: Carlsbad City Council
FROM: Mike Howes, AICP
SUBJECT: MCA 15-03/ZCA15-03/LCPA15-04 - Indoor Shooting Range — Parking
Requirements
At the November 4 & 18, 2015 Planning Commission hearings there was some discussion
regarding the parking requirements for an indoor range and the Commission's final decision
was two parking spaces per lane plus parking for associated uses. This was higher than staff's
recommendation of 1.5 spaces per land plus parking for associated uses.
Attached to this memo is a recent survey completed by representatives of Gunther's Guns of
the 42 lane Poway Weapons and Gear indoor range between, December 7-13, 2015. At no
time did the number of cars parked in the lot exceed the number of shooting lanes in the
facility. This facility also includes over 3000 square feet of commercial and training rooms.
Based on this information, we strongly urge the Council to support staff's original
recommendation of 1.5 spaces per lane plus parking for associated uses or even consider a
lower rate of 1 space per lane plus parking for associated uses.
CC City Manager
City Attorney
Don Neu
Attachment Date: /c:_ /5- /5--
Distribution:
City Clerk
Asst. City Clerk
Deputy Clerk
Book
28138 Laker Avenue East, Sue 217, Carlsbad, CA 92010 www.hveplannina.corn 760.929-.2283
POWAY WEAPONS AND GEAR
Parking Study
Monday December 7, 2015 thru Sunday December 13, 2015
Poway Weapons & Gear has a total of 86 parking spaces available. The spreadsheet below shows the total number of
parking spaces being used at various times during a seven day period. Please note that this seven day period directly
followed the San Bernardino terrorist attack. This attack caused a surge in gun store business and shooting range activity
all across California.
TIME MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY
10:30 am 15 17 14 15 15 23 18
12:30 pm 23 23 22 21 26 29 32
2:30 pm 25 26 25 24 28 42 37
4:30 pm 27 27 29 31 28 39 35
6:30 pm 30 28 26 29 33 34 27
8:30 pm 35 32 36 32 38 35 26
9:30 pm 22 28 32 27 26 32 24
Please note that not once during this time period did Poway Weapons and Gear use 50% of their available parking. Based
on only one parking space per shooting lane Poway Weapons and Gear operated BELOW industry standards for parking
requirements.
Poway Weapons and Gear is over 40,000 square feet with 42 shooting lanes with a 3,000+ square feet retail gun store
and training rooms.
Gunther Guns is only 14,300 square feet with an intended 17 lane shooting range with an 1100 square feet retail space.
Gunther Guns has 34 parking spaces surrounding its building. On almost any given day it could handle Poway Weapons
and Gear's traffic. Requiring Gunther Guns to provide 2X the industry standard for parking is unreasonable.
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All Receive - Agenda Item #F or the Inforrnattan of t CITY CO ACM.,/ UNCIL
CC I/ t‘i riNitiAD/it s_ CA
City Manager 1,----
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Indoor Shooting Range Code
Amendment
ZCA 15-03/LCPA 15-04
Don Neu and Corey Funk
December 14, 2015
Background
•Sept. 1, 2015 City Council meeting:
–Resolution of Intention approved
•Nov. 4 2005 Planning Commission meeting
–Directed staff on changes to the draft ordinance
•Nov. 18, 2015 Planning Commission meeting:
–Recommendation of approval
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
Primary land use issues
•Location
•Building design
•Noise
•Hazardous materials
•Safe operations
•Parking
Proposed Amendment
•Approval process
–Planned Industrial (P-M) Zone
–Conditional Use Permit (CUP) approved by City
Council
•Distance buffers –600 feet
–Schools, daycares, parks, residential uses
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Sensitive Use Areas within
600 Feet of Industrial Land:
Child Care
Park
Residential Area
School
600-foot Buffer from Sensitive Use Area
Coastal Zone Boundary
Industrial Land Subject to P-M Uses - Impacted by the Buffer
Industrial Land Subject to P-M Uses - Not Impacted by the Buffer
Master or Specific Plan Boundary
Shooting Range Analysis
Document Path: J:\RequestsMarch2015\ComEconDev\Planning\00010509_15\ShootingRangeSlide_NoChurchesWithCoastalZone.mxd11/17/2015Document Path: J:\RequestsMarch2015\ComEconDev\Planning\00010509_15\ShootingRangeSlide_NoChurchesWithCoastalZone.mxd11/17/2015
Map:
Industrial land
subject to P-M
Zone list of uses
Aqua shows
subject land
outside of sensitive
use buffer
General requirements
•Building designed for safe discharge of firearms
•Requirement for stand-alone building
•Background checks
•Range safety officer
•Maximum hours of operation
–8:00 am to 10:00 pm
General requirements continued
•Safety rules :
–Firearms and ammunition
–Illegal drugs and alcohol prohibited
–Unsafe individuals prohibited
–Children must be age 8 and supervised by an adult
–Eye and ear protection required
Safety and management plan
•Required with CUP application
•Reviewed by Police, Public Works and Planning
•Surveillance cameras
•Protocols for safe handling of firearms
•OSHA compliance for employees and customers
•Lead disposal plan
Safety and management plan continued
•Air ventilation
•Suicide prevention
•Disclosure about lead hazards
•Noise
–Peak event measurement
•Exterior –65 dB (decibels) at property line
•Interior –45 dB (decibels) in neighboring building
Parking standard
•Two components for parking standard
–2 parking spaces per firing lane
–Required parking for other associated uses
•Examples: retail, office, conference rooms
Environmental Review
•Within the scope of the General Plan EIR
•No new environmental document required
Recommendation
That the City Council ADOPT City Council Resolution No.
2015-311 ADOPTING findings to determine that the
project is within the scope of the previously certified
General Plan Environmental Impact Report (EIR 13-02),
and APROVING Local Coastal Program Amendment (LCPA
15-04); and that the City Council introduce ordinance CS-
290, APPROVING Zoning Ordinance Amendment (ZCA 15-
03); based on the findings contained therein.