Update on Effort to Establish
Zoning Regulations for Firearm
and Ammunition Retail Uses
CITY COUNCIL MEETING
December 5, 2023
2 Progress Update on City Council Directive
On July 26, 2022, the City Council directed staff to evaluate new regulations for firearms retailers. Staff has made progress on the following items:
1. Consider the Giffords Law Center Model Ordinance Best Practices .
COMPLETE .
2. Amend the City’s business license process; establishing new operations and inspection requirements for firearms retailers.
COMPLETE .
3. Prepare a Zone Text Amendment (ZTA) and development standards applicable to firearms retailers. PROGRESS UPDATE TODAY.
4. Establish a discretionary review process for new firearm retailers applications . PROGRESS UPDATE TODAY.
Why Are We Here?
• Update Council on work to date on the ZTA and Draft
Standards.
• Looking to obtain City Council input on:
1. The distance separation requirements for retailers from “sensitive uses”.
2. Where new firearm retail uses should be allowed.
3. The proposed discretionary review process for new retailers.
4. The potential security standards for new and existing retailers. 3 Proposed Schedule for ZTA Completion
Milestone Estimated date
City Council Study Session #3
(Land Use ZTA) December 2023
Community Workshop January 2024
Stakeholder Meeting # 3 February 2024
Final Draft Development
Standards
(Land Use ZTA)
March – April 2024
Planning Commission Meeting April 2024
City Council Public Hearings May - June 2024
4 Proposed Firearm Retail
Use Regulations
COMMUNITY
DEVELOPMENT
6 Proposed Firearm Retail Use Regulations
Based on analysis of comparative jurisdictions, Giffords Law Center Best Practices recommendations, and the Technical Working Group (TWG) and Executive Team.
Proposed new section in the Burbank Municipal Code:
• 10-1-1119: FIREARM RETAIL USE REGULATIONS :
A. Purpose F. Location
B. Definitions G. Video Surveillance System
C. Permitting Process H. Secure Storage of
Firearms
D. Prohibition I. Bollards
E. Compliance by Existing Firearm Retailers J. Lighting 7 Proposed Firearm Retail Use Regulations
A. Purpose
It is the purpose and intent of this Section to establish local development and location standards for the permitting of facilities engaging in the sale, lease, or transfer of firearms or ammunition . The requirements of this section apply in addition to all applicable licensing, building, zoning, and site development standards of the Code.
8 Proposed Firearm Retail Use Regulations
B. Definitions
• “Firearm Retail Activity ” means any person or establishment engaging in the business of selling, leasing, or transferring of any firearm or ammunition…
• “Sensitive Uses” means schools, public libraries, religious institutions, and public parks and open space, as further defined.
Note: There are other additional definitions not listed on this slide. They are included in Attachment 1: of staff’s report.
9 Proposed Firearm Retail Use Regulations
C. Permitting Process
• Conditional Use Permit (CUP) requirement.
• Valid Federal, State, and Local license requirement.
• Applicability to gun shows and events.
D. Prohibition
• Firearm retail activity on City property is prohibited.
10 Proposed Firearm Retail Use Regulations
E. Compliance by Existing Firearm Retailers
• Applicability of standards to existing firearm retailers. • 180 days to comply with new regulations.
• Nonconforming retailers and continuation of use.
11 Proposed Firearm Retail Use Regulations
F. Location
• Separation from residential zones and Sensitive Uses. • Per Section B. Definitions:
o “Residential Zones” means properties zoned as R-1, R-1-H, R-2, R-3, R-4, MDR-3, and MDR-4.
o “Sensitive Uses” means public schools, public libraries, religious institutions, and public parks and open space, as further defined below.
12 Proposed Firearm Retail Use Regulations
OPTION 1
Within Burbank Only
500 feet from Sensitive Uses
500 feet from Residential Uses
92 out of 28,942 parcels
2.8% of total land area
OPTION 3
Within Burbank Only
1,000 feet from Sensitive Uses
1,000 feet from Residential Uses
23 out of 28,942 parcels
1.4% of total land area
OPTION 2
Within Burbank Only
1,000 feet from Sensitive Uses
500 feet from Residential Uses
52 out of 28,942 parcels
2.0% of total land area
F. Location (cont’d)
Staff requests City Council input on confirming the appropriate separation distance from residential zones and sensitive uses.
13 OPTION 1
• Removes parcels within 500 feet of sensitive uses
• Schools (public, private, daycares thru university)
• Parks (City or regional parks or open spaces)
• Libraries (City)
• Religious Institutions (churches, temples, etc.)
• Removes Residential (R1-R4) and Institutional zones
• Removes parcels within 500 feet of Residential (R1-
R4)
RESULTS:
• 92 out of 28,942 parcels
• 2.8% of total land area
Note that all existing firearm retailers would not comply with this potential separation requirement. 14 RESULTS:
• 52 out of 28,942 parcels
• 2.0% of total land area
OPTION 2
• Removes parcels within 1,000 feet of sensitive uses
• Schools (public, private, daycares thru university)
• Parks (City or regional parks or open spaces)
• Libraries (City)
• Religious Institutions (churches, temples, etc.)
• Removes Residential (R1-R4) and Institutional zones
• Removes parcels within 500 feet of Residential (R1-
R4)
Note that all existing firearm retailers would not comply with this potential separation requirement. 15 RESULTS:
• 23 out of 28,942 parcels
• 1.4% of total land area
OPTION 3
• Removes parcels within 1,000 feet of sensitive uses
• Schools (public, private, daycares thru university)
• Parks (City or regional parks or open spaces)
• Libraries (City)
• Religious Institutions (churches, temples, etc.)
• Removes Residential (R1-R4) and Institutional zones
• Removes parcels within 1,000 feet of Residential (R1- R4)
Note that all existing firearm retailers would not comply with this potential separation requirement. 16 Proposed Firearm Retail Use Regulations
OPTION 1
Within Burbank Only
500 feet from Sensitive Uses
500 feet from Residential Uses
92 out of 28,942 parcels
2.8% of total land area
OPTION 3
Within Burbank Only
1,000 feet from Sensitive Uses
1,000 feet from Residential Uses
23 out of 28,942 parcels
1.4% of total land area
OPTION 2
Within Burbank Only
1,000 feet from Sensitive Uses
500 feet from Residential Uses
52 out of 28,942 parcels
2.0% of total land area
F. Location (cont’d)
Staff requests City Council input on confirming the appropriate separation distance from residential zones and sensitive uses.
17 Proposed Firearm Retail Use Regulations
G. Video Surveillance System
• Firearm retail activity must comply with the video
surveillance system approved by the Police Chief
consistent with Article 7, Chapter 4, of Title 3 of the Burbank Municipal Code.
18 Proposed Firearm Retail Use Regulations
F. Secure Storage of Firearms
• All inventory firearms shall be stored in the licensed location consistent with the requirements of State Law
(California Penal Code 26890).
19 Proposed Firearm Retail Use Regulations
G. Bollards
• If the proposed or current firearm retail facility is street level, bollards or other barriers shall be installed.
• Bollards shall not be located within the public right-of-way or obstruct accessible routes.
20 Proposed Firearm Retail Use Regulations
H. Lighting
• Lighting shall be provided to illuminate the interior, facade, and the immediate surrounding area of the firearm retail facility.
21 Proposed Firearm Retail Use Regulations
Summary
• 10-1-1119: FIREARM RETAIL USE REGULATIONS
A. Purpose F. Location
B. Definitions G. Video Surveillance
System
C. Permitting Process H. Secure Storage of
Firearms
D. Prohibition I. Bollards
E. Compliance by Existing Firearm
Retailers
J. Lighting
22 Proposed Firearm Retail Use Regulations
Summary
• Looking to obtain City Council input on:
1. The distance separation requirements for retailers from “sensitive uses”.
2. Where new firearm retail uses should be allowed.
3. The proposed discretionary review process for new
retailers.
4. The potential security standards for new and existing retailers.
Next Steps
Milestone Estimated date
City Council Study Session #3
(Land Use ZTA) December 2023
Community Workshop January 2024
Stakeholder Meeting # 3 February 2024
Final Draft Development
Standards
(Land Use ZTA)
March – April 2024
Planning Commission Meeting April 2024
City Council Public Hearings May - June 2024
23 Xjvirr Thomas
Associate Planner
[email protected]
818-238-5250
CITY COUNCIL MEETING
December 5, 2023
CONTACT:
Appendix