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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: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 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 6 Use P CUP Acc Residential uses in P-M Zone (subject to Section 21.42.140(B)(135)) (see note 5 below) 3 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) 3 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: 15 5. Subject uses shall comply with the distance requirements in Section 21.42.140(8)(137). 7 8 9 10 11 12 13 14 16 SECTION 6: That Subsection 21.34.090(1) (Performance standards) is 17 amended as follows: 18 (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. 19 20 21 22 23 24 25 SECTION 7: That Section 21.42.140 (Development standards and special 26 regulations) is amended by the addition of a new subsection as follows: 27 Section 21.42.140(6)(137) Shooting Ranges (Indoor). 28 -2- 1 a. Applicability. Carlsbad Municipal Code Section 21.42.140(8)(137) applies 3 only to privately owned and/or operated indoor shooting ranges that are commercial 4 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 5 entities. 6 b. Location. 7 1. Indoor shooting ranges are conditionally permitted within the Planned 8 Industrial (P-M) Zone subject to approval of a conditional use permit. 9 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 11 park, day care facility, residential use, residential land use designation, or residential 12 zoning district. 13 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 14 intervening structures) in a straight line extended between the nearest property lines of: 15 The property on which the indoor shooting range is or will be located; and 16 The property on which one of the uses/zones/designations specified in 17 subsection b.2 of this section is located. 18 For properties that are approved non-residential planned developments, 19 distances shall be measured from the parcel owned in common by the owner's 20 association, which constitutes the perimeter property lines. 21 4. The distance requirements in subsection b.2 of this section shall apply to 22 those uses/designations/zones specified in subsections b.2 of this section that: Are existing; or 23 Have received approval by the city for the use/zone/designation and said 24 approval has not expired or become invalid; or 25 Have submitted an application to establish those uses/designations/zones 26 specified in subsection b.2 of this section after the approval of a conditional use permit to 27 28 -3- s- 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 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. -5- 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 -6- 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. -7- 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 -8- 1 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. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 SECTION 8: That Table A of Section 21.44.020 (Off-street parking spaces 16 required) is amended by the addition of the following use under the general category of Commercial, Industrial and other Non-Residential Uses: 17 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. 18 19 20 21 22 23 24 25 26 27 28 -9- 28 -10- 1 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 /// /// /// /// /// /// /// /// /// /// 2 3 4 5 6 7 8 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 -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 / 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. -2- 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,,, ......... 0 C-- -! 0 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. 1 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 4., - Ta.-ratity,011% "ga Al; gaimalt,EaaatnetaggsaaWIC oattlittaiiMSVVOI mt Fos atalestrivf g ta4 o'S VI' IPS # f *ft, ....., • ,tst-14 ..A.02!).. k iimt, -..,-• 4,-sk • _tfit 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 builem9.1 mud -10:0 czalip--- %;•••1:::;> Child Care Park .--•;:k:_7sa • II KA ere rigelem 0,—,27,40F I inird'irs 11111111k ifitnististist* mite au atlia? ,aa,,a/ai-stFat 60'1 re _ 4!--tattiaxt14:3 lifilikittktimailan 41. r_s EicV 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 Easy Peel® Labels Use Avery® Template 5160® 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 • 111... 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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 Legal Advertising Sens de chargement Repliez a la hachure afin de 1 reveler le rebord Pop-upmc 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 vvvvw.avery.com 1-800-GO-AVERY 1 Easy Peel® Labels Use Avery® Template 51600 STATE LANDS COMMISSION STE 1005 100 HOWE AV SACRAMENTO CA 958258202 US BUREAU OF RECLAMATION 27708 JEFFERSON AVE, STE 202 TEMECULA CA 92590 Etiquettes fades a peter Utilisez le gabarit AVERY® 5160® 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 Sens de chargement Etiquette s faciles peler Utilise?. le gabarit AVERY® 5160® Repliez a la hachure afin de www.avery.com reveler le rebord Pop-upmc ,14 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 5160® • Bend along line to Feed Paper milma"0"1 expose Pop-up Edger" j 0 AVERY® 5160 WATER RESOURCES CONTROL BOARD PO BOX 100 SACRAMENTO CA 95801 A Sens de chargement www.avery.com 1-800-GO-AVERY Repliez a la hachure afin de I reveler le rebord Pop-upmc Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160® VE c, 5160® I 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 Easy Peel® Le- Use Avery® Template 5160® Feed Paper Bend along line to I expose Pop-up Edgew 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. 31a00-1/4-1 os-ki to i.5 ?Cif-Hat I Or) .5+ ref h 0+ cbbd wh ere, 1+ ea,,i terftr. oi-th e...\6A) ? e.yc I au) e_mfore0-ce.t,et )0 father _(cia) who r.5 col 1 ecior 'r•to up 1-hat oobi eed o (cart./ Kau.) •-.5h00-1 a s ric.9 I f1/40-e Ijcut- \f..th V) CN\LC..e.,_14 d t4 to cl)ctto vtar ,5,3,id he-re, -ATMS 1,5 1Q•Ot CV a '3 a- aKeisk t-t_e_.-t 1) tar- CiOreci -RA tre. ct, c4- 0_ ) Ps c e, -For qec-Wc.e.14, 'r?athg-totr c-ivccfcioacl c4, t„ot4 -Vor- a tdOoC hook ra t,ktrc rTort,WO thcc-e, 0,11. mid uc -there, mck bc_rnIr‘ ccdwa.:)hcc ciOtt.)14 er ft5 ie carb off- rc(`CI-1:1 C-5 hoo-k kau,re.A., Vee, beoau-w-- of o14o-kher-- o,frd LocA. o.ice t.ked "the:t r Le-60 tC4 \,( r+ okA,K6. • ki.1ce_,, 1-02-) .C.7cadthdr ca.,yroachi o-, urea fr(ct t L' • A7 to 'but t-‘0.tsicAtt-t , how cat-t OLLm &„,-The_ a q2ort ke-3ctiNka are- cdre-ck-dy ? Wvoi h outd \Me_ re_zo atkrqc..t 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,---- (-1.0ad 1-5 1--tot As 1.1 QeX taNid -the_ rlyt I f if Css u -A kd i.tot fl ic di e.at-ci Lio 1. .3 Otte- 3ort 0+ bordedi or e s‘wo‘i -I-Re rruni cogNe..“ t -for' Kr5 Gcow_c. wctt -th0Q-3h,t bat ". If MOgs " VI\ CO< Oat.tAA6. a- '3 rea-F 0 ttewt.w.re.- atocky -croo-k. 0--ther 0,5\ pi c..5,5 Ftoce_ (-3,s_wct‘ Nie...o_c a., (-9 0 c_e_tV'O4 'J'oud. po cts,:s 10 co rr\r,r‘v,t...0 7.-V-1:\ ao ts4I v,taj ttv,xtti, -to vtc, ersomall..t 0 t.t.„) ctppro\ict.C, Ca Kt_O cl.a) e- -to 0 cto ocr- tke- 6-÷) ouvidi CLEr'-5C(fy Of :tile ciloo I 0 hocrii r-f that hooter :Aced bee -WA 1)c-ft-Erfr mcd Kkt wou id 1,6 Fe home- r cJci)e-ScihooI c in-so Hal' rbit+ 4o31"6, -Vete- i a. 2-Lo T ..511491) N.0 ge..e- I , Ka_L( -'iik. QUMd i+ cred "ktit/ Q.Q cA. 'c/ I thi to cottkiei beri ocysetPt. e_ cus evt \tau. oCtli-c- 0 Ke., ThiAtt al7ou-(-- H- Ti-xc loq_octio c-9 Is.c-e- *0 ti TiA,s ,tcer..t.‘i uJam.-t4ii vesi- ovtia,biAa. ck_0 LL 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 SP070002SP070002 SP000019SP000019 SP000200SP000200 SP000207SP000207 SP000211SP000211 SP000180SP000180 SP000203SP000203 SP000191SP000191 SP000210SP000210 SP000210SP000210 SP000210SP000210 SP000181SP000181 PPAASSEEOODDEELLNN OO RR TT EE PPAALLOOMMAARR AAII RR PP OO RRTTRR DDCCAA NN NN OO NN RRDDPPOOIINNSS EE TTTT IIAA LL NN PPOOIINN SS EE TT TT IIAA LL NN FFAARRAADDAAYY AAVV ALGA RDALGA RD CC OO LL LLEE GG EEBBLLCARLSBAD BLCARLSBAD BL EE LLCC AA MM II N N OO RR EE AA LL AAVVIIAARRAA PP YY EELLFFUUEERRTTEESS TT MM EELL RR OO SS EE DD RRAAVVEENNII DDAAEENNCCII NNAASSAARRMMAADDAADD RR BressiBressi RanchRanchMP178MP178 PACIFICOCEAN AGUAHEDIONDALAGOON 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.