HomeMy WebLinkAbout2016-01-12; City Council; 22187; Adopt Ordinance CS-290 to Add "Indoor Shooting Ranges" as a Conditionally Permitted Use in the (P-M) ZoneAdoption of Ordinance No. CS-290
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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. City Council Resolution No. 2015-230 and Planning Commission Resolution No. 7133
include findings of prior compliance with EIR 13-02 pursuant to CEQA. A Notice of
Determination was filed on September 23, 2015.
EXHIBIT:
1. Ordinance No. CS-290.
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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
EXHIBIT 1
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 shalt without first obtaining permission from the chief of police, shoot
or discharge any pistol, rifle, gun or other firearm, not necessary in self-defense, or in
performance of official duty, within the city, unless at a legally permitted indoor shooting
range.
SECTION 2: That Section 8.16.020 (Permit to discharge firearms) is
amended as follows:
Any person who wishes to discharge firearms referred to in Section 8.16.010 shall
make written application to the chief of police for a permit, unless at a legally permitted
indoor shooting range. Such application shall state the date on which the firearms shall be
fired, the number of rounds to be fired, the place where the firearms shall be fired, and
the reason or need for the permit. Within a reasonable time after receipt of such
application, the chief of police shall approve or reject it. In the event that no action is
taken by the chief of police within forty-five days after receipt of such application, such
application and request shall be deemed denied by the chief of police.
SECTION 3: That the following uses within Table A of Section 21.34.020
(Permitted uses in the Planned Industrial Zone) are amended as follows:
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Use p CUP Ace
Child day care center (subject to Chapter 21.83) (defined: 2
Section 21.04.086) (see note 5 below)
Use p CUP Ace
Educational institutions or schools, public/private (defined: 2
Section 21.04.140) (see note 5 below)
Use p CUP Ace
Residential uses in P-M Zone (subject to Section 3
21.42.140(8)(135)) (see note 5 below)
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 Ace
Shooting Ranges (indoor), subject to Section 3
21.42.140(B)(137)
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:
5. Subject uses shall comply with the distance requirements in Section
21.42.140(B)(137}.
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
19 sixty-five Ldn as measured at the property '!i'ne. For properties that are approved non-
20 residential planned developments, the exterior noise level shall be measured from the
21 parcel owned in common by the owner's association, which constitutes the perimeter
22 property lines. Where a property is occupied by more than one use (whether within the
23 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
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motor vehicles traveling to and from the site are exempt from this standard.
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SECTION 7: That Section 21.42.140 (Development standards and special
26 regulations) is amended by the addition of a new subsection as follows:
27 Section 21.42.140(B)(137) Shooting Ranges (Indoor).
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a. Applicability. Carlsbad Municipal Code Section 21.42.140(8}{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. 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 purpose of measuring the distance requirements set forth in
subsection b.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:
i. The property on which the indoor shooting range is or will be located; and
ii. The property on which one of the uses/zones/designations specified in
subsection b.2 of this section is located.
iii. 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.
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4. The distance requirements in s.ubsection b.2 of this section shall apply to
those uses/designations/zones specified in subsections b.2 of this section that:
i. Are existing; or
ii. Have received approval by the city for the use/zone/designation and said
approval has not expired or become invalid; or
iii. Have submitted an application to establish those uses/designations/zones
specified in subsection b.2 of this section after the approval of a conditional use permit to
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establish an indoor shooting range.
5. Other Location Requirements. Indoor shooting ranges are not permitted
within multi-tenant buildings, and shall only be constructed within a stand-alone building.
c. General requirements.
1. Every indoor shooting range shall be in compliance with the applicable
building, zoning, and fire code requirements of the Carlsbad Municipal Code in addition to
all other applicable federal, state and local laws.
2. The applicant, owner and/or operator shall submit to a criminal
background check as part of the conditional use permit application. The criminal
background check shall be filed with the Carlsbad chief of police or designee in a form
approved by the chief of police. Clearance from the Carlsbad police department shall be
required as part of a complete conditional use permit application for an indoor shooting
range. "Owner" means any of the following: (1) the sole proprietor of an indoor shooting
range; (2) any general partner of a partnership that owns and operates an indoor
shooting range; (3) the owner of a controlling interest in a corporation or L.L.C. that owns
and operates an indoor shooting range; or (4) the person designated by the officers of a
corporation or the members of an L.L.C. to be the business license holder for an indoor
shooting range owned and operated by the corporation. This is an on-going requirement
that also applies to all employees of the range and stays in effect after approval of the
conditional use permit through the business license requirement.
i..
any felony.
The applicant, owner and/or operator shall never have been convicted of
ii. The applicant, owner and/or operator shall never have been convicted of a
misdemeanor involving a firearm and/or violence.
iii. The applicant, owner and/or operator shall never have been convicted of a
violation of law concerning the manufacture, use, possession, or sale of firearms.
3. The applicant shall provide sufficient and substantial evidence that the
proposed indoor shooting range is properly designed, constructed and equipped for the
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2 discharge of firearms within the facility, to the satisfaction of the Building Official. The
3 indoor shooting range shall be designed to safely contain bullets within the range portion
4 of the building. Tactical shooting is permitted provided the range design addresses this
type of use.
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4. A minimum of one range safety officer shall be on duty during all operating
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hours. Range safety officers shall be certified by the National Rifle Association Range
7 Safety Officer Program or equivalent training program (such as law enforcement
8 programs), and shall be responsible for:
9 i. The operation and maintenance of the shooting range.
10 ii. Inspection of all firearms and ammunition for proper function and
11 operation.
12 iii. Enforcement of safety protocols and the regulations of the indoor shooting
13 range.
iv. Ensuring that all firearms and ammunition at the indoor shooting range
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remain securely stored at all times, and in compliance with all applicable laws and
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regulations.
16 5. No other weapons, other than legal firearms, shall be discharged in an
17 indoor shooting range.
18 6. Firearms classified as illegal under state or federal statute, shall not be
19 allowed.
20 7. Firearms or ammunition deemed not safe by the range safety officer shall
21 not be discharged within the indoor shooting range.
22 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.
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Compliance with those regulations shall be monitored and enforced by a range safety
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officer, employed by the indoor shooting range.
25 9. Indoor shooting ranges shall be permitted to operate during the hours of
26 8:00a.m. to 10:00 p.m., unless amended by the conditional use permit.
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10. No person, employee, member, or customer of an indoor shooting range
shall be allowed to enter or leave the premise with a loaded firearm, unless permitted by
or exempted by state or federal law.
11. All firearms shall only be loaded on the firing line under the supervision of
the range safety officer, unless permitted by or exempted by state or federal law.
12. Illegal drugs or alcohol may not be consumed on the property, nor shall the
sale of alcohol be permitted on the property.
13. Individuals deemed by the range safety officer, or other employees of the
indoor shooting range, to be under the influence of drugs and/or alcohol and as such
present a safety concern, shall be prohibited from utilizing the indoor shooting range.
14. Individuals who the range safety officer, or other employees of the indoor
shooting range, believes to pose a threat to themselves or others, shall be prohibited
from utilizing the indoor shooting range. The Carlsbad police department shall be
contacted immediately if the range safety officer, or an employee, reasonably believes
that a person on the premises may be a threat to themselves or others.
15. Individuals under eighteen {18) years of age will be allowed to utilize the
facility, provided:
i.
ii.
They are at least eight years of age; and
They are accompanied by a parent or legal guardian, or are under adult
supervision and a signed release and waiver of liability by the parent or guardian is
provided.
16. All persons at the firing line shall wear approved eye and ear protection
under the supervision of the range safety officer. All employees of an indoor shooting
range shall receive eye and ear protection and shall receive proper training regarding the
use of suitable eye and ear protection.
17. The sale and rental of firearms, the proper storage of ammunition, and the
sale of accessories onsite are permitted, subject to applicable state and federal laws. All
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such uses shall be clearly documented and considered as part of the conditional use
permit application.
18. The manufacture of ammunition shall not be allowed, except for bullet
reloading, unless permitted through the conditional use permit.
19. All doors, gates, and entrances between the shooting points and backstop
shall be securely locked at all times when a person is engaged in practice shooting.
d. Safety and management plan. A plan with detailed standard operating
procedures for safety and conformance with environmental laws shall be submitted with
the conditional use permit application and reviewed and approved by the Carlsbad chief
of police or designee, public works director or designee and city planner or designee. The
plan must be in full compliance with the National Shooting Sports Foundation 5-Star
Assessment, or equivalent rating system (if applicableL and/or the NRA Range Source
Book: A Guide to Planning and Construction, published by the National Rifle Association,
or by an equivalent guidebook (if applicable) deemed comparable by the Carlsbad chief of
police or designee, public works director or designee and city planner or designee. Such
plan shall include, but not be limited to, the following information:
1. Plans for the installation and maintenance of interior and exterior
surveillance cameras. Cameras shall observe the parking lot, lobby, store, firing lanes,
and all general areas within an indoor shooting range and its perimeter. Recordings from
the surveillance cameras must be maintained for not less than thirty (30) days and shall
be made available to members of the Carlsbad police department upon request.
2. Plans for the installation and maintenance of adequate exterior and
interior lighting.
3. Protocols for the safe display and storage of firearms and ammunition.
4. Protocols to ensure open lines of communication exists between an indoor
shooting range and Carlsbad police and fire departments. These protocols shall be
developed, with cooperation of the Carlsbad police and fire departments.
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5. Protocols to ensure that firearms and ammunition deemed unsafe will not
be discharged within the firing line.
6. Protocols to ensure access behind the firing line is provided in a safe and
controlled manner.
7. Any areas of the indoor shooting range used for tactical shooting shall be
clearly identified.
8. Procedures to prevent suicides within the indoor shooting range.
9. Procedures to prevent the theft of rented firearms.
10. Plans to adequately staff the range with range safety officers.
11. An evacuation plan shall be provided.
12.
13.
Hours of operation.
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 Diseas~ Control and Prevention.
14. Disclosure and education regarding lead hazards shall be provided to
employees and customers.
15. A hazardous waste diversion and disposal plan in accordance with
California Department of Toxic Substances Control regulatory standards. The removal of
lead, and any waste materials and liquids that are contaminated with lead, must be
addressed in this plan. This plan shall also include the recycling of spent lead bullets
consistent with applicable state and federal law.
16. Exhaust air ventilated from inside the shooting range out of the building
shall be filtered to meet the California Environmental Protection Agency ambient air
quality standards for lead.
17. A plan to mitigate noise impacts on the surrounding community shall be
provided. An indoor shooting range shall meet a peak event sound level of 65 dB, as
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2 measured at the property line. In addition, an indoor shooting range shall not cause the
3 noise within buildings on the same lot or adjacent lots to exceed a peak event sound level
4 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
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requirement.
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18. Failure to submit a safety and management plan as required shall be
7 grounds to refuse to accept or automatically deny an application for a conditional use
8 permit. Failure to adequately implement or maintain the safety and management plan
9 and any provision of this ordinance shall be grounds for revocation of the conditional use
10 permit, pursuant to section 21.42.120.
11 19. Any future revisions or modifications of the safety and management plan
12 must be approved by the Carlsbad chief of police or designee, public works director or
13 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
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grounds for revocation of the conditional use permit, pursuant to section 21.42.120.
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SECTION 8: That Table A of Section 21.44.020 (Off-street parking spaces
16 required) is amended by the addition of the following use under the general category of
Commerciat Industrial and other Non-Residential Uses:
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Use Number of Off-street Parking Spaces
18 Commerciat Shooting 1.5 spaces for each firing lane within the
19 Industrial and other Ranges range, plus required parking for other
Non-Residential Uses (indoor) associated uses based on the parking standard
20 for each use
21 EFFECTIVE DATE FOR PROPERTIES THAT ARE SUBJECT TO THE PLANNED
22 INDUSTRIAL (P-M) ZONE REGULATIONS AND LOCATED IN THE COASTAL ZONE. This
23 Ordinance shall be effective no sooner than thirty {30) days after its adoption but not
24 until approved by the California Coastal Commission, and the City Clerk shall certify the
25 adoption of this Ordinance and cause it to be published at least once in a newspaper of
26 general circulation in the City of Carlsbad within fifteen {15) days after its adoption.
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EFFECTIVE DATE FOR PROPERTIES THAT ARE SUBJECT TO THE PLANNED
INDUSTRIAL (P-M) ZONE REGULATIONS AND LOCATED OUTSIDE THE COASTAL ZONE. This
Ordinance shall be effective no sooner than thirty {30) days after its adoption and the City
Clerk shall certify the adoption of this Ordinance and cause it to be published at least
once in a newspaper of general circulation in the City of Carlsbad within fifteen {15) days
after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 15th day of December , 2015, and thereafter.
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