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HomeMy WebLinkAbout2015-11-18; Planning Commission; ; ZCA 15-03/LCPA 15-04 – INDOOR SHOOTING RANGE CODE AMENDMENT 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. II. 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. 1 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 a 24 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 RSOs, 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 1 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. Amendments to CMC Title 8, Public Peace, Morals and Safety 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. Amendments to Chapter 21.34 P-M Planned Industrial Zone 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 2 Use P CUP Acc Residential uses in P-M Zone (subject to Section 21.42.140(B)(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(B)(137) 3 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(B)(137). Section 21.34.090.(1) (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 structure 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. Amendments to Chapter 21.42 Minor Conditional Use Permits and Conditional Use Permits 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(B)(137) Shooting Ranges (Indoor). a. Applicability. Carlsbad Municipal Code Section 21.42.140(B)(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. 3 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 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: 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 ab.2 of this section is located. iii. 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: 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. 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. i. An indoor shooting range that either: (a) has an approved Conditional Use Permit from the city, but has not yet begun operating the business at the approved business location, or (b) is operating as a legal conforming use with an approved Conditional Use Permit from the city, shall not be rendered a nonconforming or illegal use by the subsequent location of any uses/designations/zones specified in subsection a.2 that are within the locational limitations set forth in this section. ii. A use shall be deemed to be subsequently located if it is established within the locational limitations of this section following the date an application for an Conditional Use Permit is filed pursuant 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. i. The applicant, all principals and employees shall never have been convicted of any felony. 4 ii. The applicant, all principals and employees shall never have been convicted of, or 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: i. The operation and maintenance of the shooting range. ii. Inspection of all firearms and ammunition for proper function and operation. iii. 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 and 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: 5 i. They are at least eight years of age; and accompanied by parent or legal guardian; or ii. 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 isare 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 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. 6 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 Agency ambient air quality standards for lead. 17. A plan to mitigate outside noise impacts on to the surrounding community shall be providedconsistent with the performance standards of the P-M Zone. An indoor shooting range shall meet a one hour average sound level of 65 dBA Leq-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 Leq-1m. 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. /// /// /// /// 7 Amendments to Chapter 21.44 Parking 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 (indoor) 1.52 spaces for each firing lane within the range, plus required parking for other associated uses based on the parking standard for each use SP070002SP070002 SP000019SP000019 SP000200SP000200 SP000207SP000207 SP000211SP000211 SP000180SP000180 SP000203SP000203 SP000191SP000191 SP000201SP000201 SP000210SP000210 SP000210SP000210 SP000210SP000210 SP000181SP000181 PP AA SSEE OO DDEE LL NN OORRTT EE PPAALLMMEERRWWYYPPAALLOOMMAARRAAIIRRPPOORRTTRRDDCCAANNNNOONNRRDDPOINSETTI A L N POINSETTI A L N PPOOIINNSSEETTTTIIAALLNNTT AA MM AARRAACCKK AA VVCC AA MM IINN OO VV IIDD AA RROOBBLLEE AALLGGAARRDDAVENIDA ENC INASAVENIDA ENC INAS FFAARRAADDAAYYAAVV PPAALLOOMMAARROOAAKKSSWWYYAASSTTOONN AA VV SSAALLKKAAVV CCOOLLLLEEGGEEBBLLCC AA RRLL SSBBAADDBBLL YARROW DRYARROW DRIIMMPPAA LL AA DDRR LL IIOO NNSSHHEEAADDAAVV AVIAR A P Y AVIA R A P Y EELLCCAAMMIINNOORREEAALL EELLCCAAMMIINNOORREEAALLAALLII CCAANNTTEERRDDEEAA GG LLEE DDRRMM EE LL RR OO SS EE DD RRLLOOKKEERRAAVVEEAASS TT EE LL FFUUEERRTTEESSTTCC AA RR CC OOUUNNTT RR YY DD RR RRUUTT HH EE RRFFOORRDD RRDD PPAA LL OOMMAARRAAII RRPPOORRTT RR DDAA RR MMAADDAA DDRR LLOOKK EE RR AA VV WW EESSTT BressiBressiRanchRanchMP178MP178 [0 2,000Feet Sensitive Use Areas within600 Feet of Industrial Land: Child Care Park Residential Area School 600-foot Buffer from Sensitive Use Area 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\ShootingRangeMap11x17_WithoutChurches.mxd, 10/15/2015Document Path: J:\RequestsMarch2015\ComEconDev\Planning\00010509_15\ShootingRangeMap11x17_WithoutChurches.mxd, 10/15/2015 Attachment 3 potential for Carlsbad to allow indoor shooting ranges. As you know, our offices are on Loker Ave next door to the proposed Gunther site. I have serious concerns about the safety and security of our employees if this were to become a reality, not to mention the additional traffic, which is already an issue at this location due to the Staples/Starbucks shopping complex across the street. I'm encouraged that the commission is taking the time to fully explore all the ramifications of potentially allowing a range to go forward, and hopeful that local businesses will be kept informed as well as the process moves forward. Thank you, Dianna Dianna L. Granum President & COO TSG Solutions Inc. 2701 Loker Ave Suite 110 Carlsbad Ca 92010 619 208-5541 From: Corey Funk Sent: Thursday, October 29, 2015 8:00AM To: 'Pete Crocker' Cc: Don Neu Subject: RE: Comments re: LCPA 15-04-INDOOR SHOOTING RANGE CODE AMENDMENT Hello Mr. Crocker, Thank you for your patience in my response, and for providing your comments and concerns regarding the proposed amendment. I will forward them to the Planning Commission for their review, and I would also like to provide responses to your comments. 1. Criminal background checks. We agree with your comment and have modified our proposal. Our version of the proposal required applicants, principals and "applicable employees" to get background checks, and now our proposal is modified so that "all employees" will be required to get background checks. This will be verified initially when a Conditional Use Permit {CUP) application for an indoor shooting range for is submitted to the city for review, and staff will have the ability to monitor this during the CUP annual review process after the range is approved and constructed. 2. Background for the amendment. This amendment was initiated by the city council on September 1, 2015, please see agenda bill number 22,078 for background on the amendment at the following link: http://www .ca rlsbadca .gov I cityhall/ clerk/records/sea rch.asp 3. Hours of operation. The proposed code "Section 7" that you reference (sub-section d.7) simply requires an applicant to state their hours of operation as part of the safety and management plan that they are required to submit for city review as part of their CUP application. Sub-section c.9 limits their hours of operation from 8am-10pm. In other words, our ordinance will limit their hours of operation from 8am-10pm, but they can choose to operate different hours (ie. 10am-10pm), as long as they comply with the maximum operational hours established by the ordinance. 4. Noise. Our existing performance standard for noise generating industrial uses in the Planned Industrial (P-M) Zone is 65 Ldn as measured at the property line. A future indoor shooting range would be held to the same standard as any other use in the P-M Zone. Our proposal also includes a 600ft. distance buffers from sensitive uses such as schools and residential dwellings to provide separation between these uses and a potential future indoor shooting range, and this distance buffer will help dissipate the noise generated by the use. 5. Insurance. The type of insurance policy needed for an indoor shooting range is outside the scope of zoning and as such would be the responsibility of the business operator. Also, please be aware that the Planning Commission will consider this amendment on Nov. 4, 2015 and will be asked to make a recommendation (our full staff report will be posted online shortly). Ultimately, the City Council has the authority to approve this proposal. Best regards, Corey Funk, AICP Associate Planner Community and Economic Development Department Planning Division City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 www .ca rlsbadca.gov 760-602-4645 I 760-602-8559 fax I corey.funk@carlsbadca.gov -----Original Message----- From: Pete Crocker [mailto:pete@petecrocker.com] Sent: Saturday, October 24, 2015 11:43 AM To: Corey Funk Cc: pete@petecrocker.com Subject: Comments re: LCPA 15-04 -INDOOR SHOOTING RANGE CODE AMENDMENT Hello Mr. Funk, As a resident of Carlsbad, I would like to voice my serious concerns about the proposed amendment specifically allowing shooting ranges in Carlsbad. In general, I'm opposed to the building of a new shooting range, as there are already numerous within short driving distances. If one is to be allowed, I feel there are some shortcomings ofthe proposal. First, it appears that staff do not have to go through criminal background checks, only the applicant does. Although it states staff shouldn't be convicted of certain crimes, it doesn't state how enforcement of background verification and criminal history shall be done, who will pay, and how citizens will know this has been done every time a new staff member is hired, or potentially fired due to an infringing criminal act. Is there a specific business or person driving this change? This information is not published in the report. On page 4, section 7 near the bottom of the page, there is a section entitled "Hours of Operation" however there is no text in that section. Is this a mis-print? It states the hours of operation shall be untillOpm, and it also states that the sound level should not exceed 65 Ldn from the property line. As a family with a small baby living close to a noisy environment (Carlsbad High Football Stadium), I already find it difficult with noise in the evenings. I imagine surrounding residents will not be pleased with that level of noise up until10pm in the evenings. lfthe business location is close to residential dwellings, I would hope there would be less tolerance for loud sounds up to that late in the evening. There are no clauses regarding insurance policies necessary for this type of potentially hazardous and deadly business. Should this also be mandated? Regards, Pete Crocker 3421 Ann Drive, Carlsbad, 92008 The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: N/A P.C. AGENDA OF: November 4, 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. II. PROJECT DESCRIPTION AND BACKGROUND Introduction This project is a city-initiated Zoning Ordinance amendment and Local Coastal Program (LCP) amendment consisting of amendments to Zoning Ordinance Chapter 21.34 (Planned Industrial (P-M) Zone), Chapter 21.42 (Minor Conditional Use Permits and Conditional Use Permits) and Chapter 21.44 (Parking). The purpose of the amendments is 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. The proposed amendments are consistent with applicable portions of the city’s General Plan and maintain internal consistency within the Zoning Ordinance and the LCP. With regard to the LCP, the Zoning Ordinance is the implementing ordinance of the LCP; therefore a LCP amendment is necessary. However, no portion of the LCP land use plan is proposed to be amended. Background At the May 5, 2015 City Council meeting, the council considered the appeal of the Planning Commission’s denial of a proposed shooting range. During the council’s discussion, councilmembers indicated a desire to consider if and where shooting ranges may be appropriate to allow in the city. 4 ZCA 15-03/LCPA 15-04 – INDOOR SHOOTING RANGE CODE AMENDMENT November 4, 2015 Page 2 On September 1, 2015, the City Council adopted Resolution No. 2015-230, approving a Resolution of Intention to initiate an amendment to the Zoning Ordinance to allow indoor shooting ranges in the Planned Industrial (P-M) Zone with approval of a CUP and subject to other appropriate use regulations, such as operational standards and distance buffers. For reference, see Agenda Bill No. 22,078. Per Zoning Ordinance Section 21.52.050(A)(1), the Planning Commission must review proposals to amend the Zoning Ordinance and prepare a recommendation to the City Council. The amendment can then be brought to the City Council for consideration and a decision. Project Description Currently, the city’s Zoning Ordinance does not list indoor shooting ranges as a permitted or conditionally permitted use in any zone or provide a process for review and approval of indoor shooting ranges. At its May 5, 2015 meeting, the City Council found that a shooting range is not classified as a recreational facility for Zoning Ordinance purposes and thus the use is not expressly provided for in any zone. To allow indoor shooting ranges in Carlsbad, a Zoning Ordinance amendment is necessary. The proposed amendment provides standards to address the physical design, operation and management of an indoor shooting range to minimize conflicts with adjacent uses, and to ensure the facility is managed in a manner to protect the public health, safety and welfare. Some of the key provisions include:  Approval process – indoor shooting ranges would be allowed in the P-M Zone subject to a CUP approved by the City Council. A CUP provides the decision-making body with discretion over approval of the use, and requires the body to make findings for approval;  Distance buffers – six hundred foot separation from schools (public or private), public parks, day care facilities and residential uses, land use designations or zoning districts;  Evidence that the proposed indoor shooting range will be properly designed, constructed and equipped for the discharge of firearms within the facility;  Criminal background check – for applicant, principals and employees;  Hours of operation – 8:00 a.m. to 10:00 p.m., unless alternative hours are established through the CUP;  Range safety officer – to be present during operational hours;  Safety and management plan – to be submitted with the CUP application to address: o camera surveillance; o adequate exterior and interior lighting; o protocols for safe storage, display and use of firearms; o a plan for hazardous waste disposal, noise and air quality; for both (1) inside the facility for employees and customers, and (2) outside the facility for mitigation of environmental impacts; o protocols for coordination with the Carlsbad Police Department.  Parking – a new parking requirement for indoor shooting ranges will be established as follows: 1.5 space for each firing lane within the range, plus required parking for other associated uses based on the parking standard for each use. The proposed amendment will revise the following Zoning Ordinance sections:  Chapter 21.34 P-M Planned Industrial Zone – “Shooting Ranges (Indoor)” are added to Table A of Section 21.34.020 Permitted Uses; ZCA 15-03/LCPA 15-04 – INDOOR SHOOTING RANGE CODE AMENDMENT November 4, 2015 Page 3  Chapter 21.42 Minor Conditional Use Permits and Conditional Use Permits – development and operational standards for indoor shooting ranges are added in a new subsection of Section 21.42.140;  Chapter 21.44 Parking – a parking standard is established for indoor shooting ranges and added to Table A of Section 21.44.020 Off Street Parking Spaces Required. In order to add indoor shooting ranges as a conditionally permitted use to the zoning ordinance, amendments are required to Title 8 of the Carlsbad’s Municipal Code. Amendments to other Municipal Code titles are not subject to Planning Commission review. Exhibit “X” attached to the recommended Planning Commission resolution is a draft City Council ordinance identifying all parts of the Municipal Code proposed for revision, which comprises both Title 8 and Title 21 (Zoning Ordinance). III. ANALYSIS The proposed Zoning Ordinance amendment 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.21). The amendment is also consistent with other provisions of the Zoning Ordinance not being amended. 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. The proposed LCP 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 LCP not being amended by this amendment. The amendments ensure consistency with the Carlsbad Zoning Ordinance, and do not conflict with any regulation, land use designations or policies, with which development must comply. IV. ENVIRONMENTAL REVIEW 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. ZCA 15-03/LCPA 15-04 – INDOOR SHOOTING RANGE CODE AMENDMENT November 4, 2015 Page 4 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 Planning Commission resolution includes 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. 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 Community & Economic Development Planning Division 1635 Faraday Avenue  Carlsbad, CA 92008  760-602-4600  760-602-8560 fax ERRATA SHEET FOR AGENDA ITEM #1 Memorandum November 18, 2015 To: Planning Commission From: Corey Funk, Associate Planner Via Don Neu, City Planner Re: Errata Sheet for Agenda Item #1 – ZCA 15-03/LCPA 15-04 – Indoor Shooting Range Code Amendment Staff is recommending that the Planning Commission include the following revisions: 1. Criminal Background Checks After reviewing options regarding background checks, staff’s recommendation is to attach this requirement to the business license process. There would be a customized policy that requires the following:  All owners and employees must submit to a background check  Names of new employees would be provided to the city for background checks when they are hired  Business licenses must be renewed each year, which requires the background check to be completed annually  Business licenses are not transferable, which requires new owners to complete background checks Staff proposes the following changes to subsection 2 of the general requirements portion of the draft revised ordinance to clarify the above and to better define what an “owner” means: 2. The applicant, owner and/or operator and all employees 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 corporationIf 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. This an on-going requirement ZCA 15-03/LCPA 15-04 – INDOOR SHOOTING RANGE CODE AMENDMENT November 18, 2015 Page 2 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. The applicant, all principals and employees owner and/or operator shall never have been convicted of any felony. ii. The applicant, all principals and employeesowner and/or operator shall never have been convicted of a misdemeanor involving a firearm and/or violence. iii. The applicant, all principals and employeesowner and/or operator shall never have been convicted of a violation of law concerning the manufacture, use, possession, or sale of firearms. 2. Special Events Carlsbad Municipal Code Section 8.17, Special Event Permits, generally is used to regulate large events that affect traffic, right-of-way, fire and police services, or requires direct involvement from city staff. Community Development Dept. Policy No. 8 is used to regulate small events on private property. Details of the event are submitted for review by the Building Official, who reviews the information and approves or denies the event. For events that are more frequent and/or routine, and would be better described as part of the normal operation of a business, these events should be considered a part of the use and be dealt with in the Conditional Use Permit process. Staff does not recommend an amendment to the zoning ordinance with respect to special events at indoor shooting ranges. 3. Other changes to the staff report and revised draft ordinance The following modifications are proposed to clarify their respective sections. A. Changes to Planning Commission Resolution No. 7133, Finding No. 3 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 does do not conflict with any coastal zone regulations, land use designations or policies, with which development must comply. B. Location requirements, subsection b.5 4. The distance requirements in subsection 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 establish an indoor shooting range. ZCA 15-03/LCPA 15-04 – INDOOR SHOOTING RANGE CODE AMENDMENT November 18, 2015 Page 3 5. The distance requirements in subsection b.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. 57. 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, subsection 3 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 rangesafely contain bullets within the range portion of the building. Tactical shooting is permitted provided the range design addresses this type of use. D. Safety and Management Plan, subsection d.17 17. A plan to mitigate noise impacts on the surrounding community shall be provided. An indoor shooting range shall meet a one hour average sound level of 65 dBA Leq-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 Leq-1m. 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 the noise levels of this requirement.