STAFF REPORT
DATE: July 26, 2022
TO: Justin Hess, City Manager
FROM: Joseph H. McDougall, City Attorney
Patrick Prescott, Community Development Director
Michael Albanese, Chief of Police
SUBJECT: Update to Attachment 1 of Staff Report regarding the July 26, 2022 City Council Meeting Agenda Item No. 8 – Adoption of an Urgency Ordinance Imposing a Moratorium on New Firearms Retailers in the City of Burbank and Consideration of Proposed Regulatory Frameworks
This memo is to update Attachment 1 of the Staff Report regarding the July 26, 2022 City Council Regular Meeting Agenda Item No. 8 – Adoption of an uncodified Urgency Ordinance Imposing a Moratorium on New Firearms Retailers in the City of Burbank and Consideration of Proposed Regulatory Frameworks . The update to Attachment 1 is to clarify that the proposed urgency ordinance is an imposed moratorium for new or replacement retail uses that are licensed to sell firearms or ammunition. Below are excerpts of the changes to Attachment 1:
AN UNCODIFIED URGENCY ORDINANCE OF THE COUNCIL OF THE
CITY OF BURBANK IMPOSING A MORATORIUM ON THE
ESTABLISHMENT OF NEW OR REPLACEMENT RETAIL USES
SELLING FIREARMS OR AMMUNITION.
This urgency ordinance imposes a temporary moratorium on the establishment of new or replacement retail uses selling firearm or ammunitions.
3. Maintaining the status quo zoning regulations has the potential to result in the further proliferation of new or replacement retail uses that sell firearms or ammunition without the proper analysis of any potential impacts to public health, safety, and welfare. By studying and analyzing our local land use regulations for the retail sale
COMMUNITY
DEVELOPMENT
of firearms and ammunition during the moratorium, the City will be able to best tailor future regulations to the
4. The current regulations, have the potential to result in new or replacement gun or ammunition retail stores that can displace other neighborhood serving retail and service commercial uses from tenant spaces and therefore create a threat to critical commercial corridors and the City’s effort to preserve aesthetically inviting storefronts and pedestrian- friendly retail, restaurants and offices in such spaces, which have historically been the lifeblood of the community and a beacon to visitors where we allow new firearm and ammunition retail sale without regulation or consideration for their location.
6. This moratorium is necessary to prevent irreversible issuance of permits, business licenses, and developments that could have a detrimental effect on the health, safety and welfare of the community. Without it, the potential exists that establishment of new or replacement commercial operations engaged in the retail sale of firearms or ammunition within the City without addressing appropriate regulation could result in incompatibility of land uses and adverse impacts on residents, businesses and neighborhoods that present a current and immediate threat to the public health, safety, and welfare.
A. MORATORIUM
The City Council does hereby, pursuant to Government Code Section 65858, impose a moratorium for forty-five (45) days prohibiting the establishment of new or replacement retail businesses selling firearms or ammunition.
B. PENDING APPLICATIONS
As to applications for permits for a new or replacement retail use selling firearms and or ammunitions stores in the City, which have been accepted as complete, processing and review of such applications may continue, but shall not be finally approved duri ng the pendency of this Ordinance or any extensions thereof.
The updated Attachment 1 is attached to this memo.
Attachment
Attachment 1 – Urgency Ordinance