Approval of an Extension to an
Adopted Urgency Ordinance,
Imposing a Moratorium on New
and Replacement Firearms
Retailers Citywide
CITY COUNCIL
August 23, 2022
COMMUNITY
DEVELOPMENT
Why Are We Here?
• Heightened community concerns regarding firearms have prompted governments at all levels to consider options to mitigate gun violence. • California Constitution allows for local jurisdictions to implement zoning and business regulations, including the sale of firearms and ammunition. • Burbank’s current zoning regulations allow firearm stores as a by-right use in all commercial zones that allow general retail uses. • Neighboring Cities – Glendale, Pasadena, Los Angeles - have established zoning designations and locations where firearm retail uses are allowed.
• Other CA jurisdictions – Oxnard, Healdsburg, San Carlos and County of Santa Cruz – have previously adopted urgency ordinances establishing moratoriums on firearm and ammunition retail uses.
Why Are We Here?
• On July 26, 2022, City Council adopted an urgency ordinance establishing a moratorium on the establishment of new or replacement retail uses selling firearms or ammunition. • Cal. Govt. Code Sec. 65858(d) requires a written report by City Council describing measures taken to alleviate the conditions that led to the adoption of the urgency ordinance.
• Urgency Ordinance is set to expire on Friday, September 9, 2022. • Cal. Govt. Code Sec. 65858(a) allows the City Council to extend the interim urgency ordinance for an additional 10 months and 15 days by a 4/5th vote.
City Council Direction at July 26 th Meeting
• At the meeting of July 26, 2022, City Council asked staff to explore additional regulations for firearm retailers by:
o Considering the establishment of buffer zones that would prohibit firearm retailers in close proximity to sensitive-uses. o Limiting the number of firearms retailers in the City by suspending the issuance of new licenses and evaluating other municipalities discretionary review processes for similar retailers. o Reviewing the Giffords Law Center Model Ordinance so that the City can consider the recommended best practices aimed at addressing local concerns.
o Amending the business license process governed by BMC Section 3-4-111 to establish additional requirements for firearms retailers.
Actions Taken Since July 26 th
• Initiated review of the Giffords Law Center Model Ordinance and other potential regulations on the Giffords Institute website to identify what could be appropriate and incorporated into the City of Burbank’s regulatory process.
• Created a 500-foot buffer map around the sensitive uses and existing firearms retailers to identify their proximity to one another. • Continued research of urgency ordinance moratoriums and regulatory steps taken by other cities in the State of California that have initiated and completed a similar process for creating new zoning regulations and standards for firearms retail uses.
• Began work with Building and Safety Division to evaluate potential changes to the City’s permit and license process.
Next Steps
• Staff is continuing its analysis of the action items and the intent is to bring back possible changes to the City’s zoning regulations through the Zone TextAmendment (ZTA).
• Staff is recommending that the City Council extend the adopted Urgency Ordinance for an additional 10 months and 15-days at the August 23, 2022, City Council meeting.
• The requested 10 month and 15-day extension will provide the time necessary for the City to complete its study potential regulations for firearm retailers. Any ZTA process would have to be completed by July 24, 2023.
Recommendation
AN EXTENSION OF AN UNCODIFIED ADOPTED 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, TO ALLOW STAFF TIME TO STUDY AND CONSIDER
ENACTMENT OF ZONING MEASURES FOR FUTURE FIREARMS
RETAIL USES.
CONTACT INFORMATION
Xjvirr A. Thomas,
Assistant Planner
Community Development Department
(818) 238-5250
[email protected]