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Eff.: ORDINANCE NO.________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BURBANK AMENDING TITLE 10, CHAPTER 1, ARTICLES 5
AND 11, OF THE BURBANK MUNICIPAL CODE
ESTABLISHING REGULATIONS AND DEVELOPMENT
STANDARDS FOR FIREARM AND AMMUNITION RETAIL
USES.
(PROJECT NO. 22-0003897, ZONE TEXT AMENDMENT)
City Attorney’s Synopsis
This Ordinance amends the Burbank Municipal Code, Title 10, Chapter 1, Articles 5 and 11, to establish regulations and development standards for firearm and ammunition retail uses.
THE COUNCIL OF THE CITY OF BURBANK FINDS, DETERMINES, AND DECLARES THAT:
A. On July 26, 2022, the City Council considered several options to encourage public health and safety and to ensure thriving commercial corridors such as land use regulations, advocacy for gun safety, a gun buyback program and a local license and inspection program for firearm and ammunition retailers. In addition, Council heard public comment, which included oral and written comments , that expressed concerns about the volume of firearm and ammunition retail ers; their locations throughout the community in high traffic commercial corridors and near schools and residences; the overall absence of local inspections or safety regulations pertaining to firearm and ammunition retail establishments ; the effect of firearms and ammunition retailers on public safety; and the security of such establishments;
B. On July 26 , 2022, pursuant to Government Code Section 65858 and Burbank Municipal Code 10- 1-1996, the Burbank City Council adopted Urgency Ordinance No. 22-3,977, implementing a temporary moratorium on the establishment of new or replacement retail uses selling firearms or ammunitions . The Urgency Ordinance was extended on August 23, 2022, and July 18, 2023. The interim regulations adopted under the Urgency Ordinance will expire July 26, 2024.
C. There are fourteen (14) Federal Firearm License es (FFL) in the City of Burbank, n ine (9) of which currently use retail establishments to sell firearms and ammunition, while neighboring cities of Glendale, Pasadena and Los Angeles have t en (10), three (3), and t hirty-six (36), respectively, making Burbank the City with the most retailers of firearms and ammunition per capita than any of these nearby munic ipalities at a rate of 1 firearms retail store per every 11,666 residents (Population size determined by Claritas Data Source).
D. Many of the commercial zones and corridors where existing firearms and ammunition retailers are located are adjacent to res idential neighborhoods and other
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uses that include amongst other things, schools, child day care facilities, and places of public assembly including places of worship, public parks, and libraries.
E. The City Council desires to update existing regulations to ensure that future locations of firearm and ammunition retail establishments do not detrimentally impact the health, safety and welfare of residential neighborhoods and other, specific uses through the proliferation of these uses along the city’s commercial corridors.
F. By adopting land use and zoning regulations for firearm and ammunition retail uses, the City seeks to preserve and encourage thoughtful neighborhood development along the city’s commercial corridors and zones that provide neighborhood serving uses and amenities that add to the character of the surrounding residential uses and the entire community.
G. The City is authorized by Article XI, Section 7 of the California Constitution and Burbank City Charter Section 200 to make and enforc e all local, police, and other ordinances and regulations not in conflict with the general laws of the state or the City Charter.
H. On April 8, 202 4, the Planning Commission held a duly noticed public hearing on this Ordinance (Project No. 22-0003897), and at such hearing recommended that the City Council of the City of Burbank (“Council”) approve the Zone Text Amendment.
I. On May 21, 2024, the Council at its regular meeting, held a public hearing on Project No. 22-0003897, a Zone Text Amendment.
J. Said hearing was properly noticed in accordance with the provisions of Burbank Municipal Code (BMC) Section 10-1-1994.
K. The Council considered the report and recommendations of the City Planner, the action and recommendations of the Planning Commissi on as evidenced by its Resolution 3469, and the evidence presented at such hearing.
L. The Z one Text Amendment and proposed Ordinance adding a Firearm and Ammunition Retailer Use is consistent with BMC Section 10-1-1991 as follows:
1. The addition of the use will be in accord with the purposes of the zone in which it is proposed to be listed.
The inclusion of a “Firearm and Ammunition Retailer” as a conditionally permitted use in certain zones subject to approval of a Conditional Use Permit (CUP) is in accord with the purposes of the zones in which it is being proposed to be listed.
Listed below are those zones with brief descriptions within which Firearm and Ammunition Retailer would be conditionally permitted.
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o BCC-2: The Burbank Center Commercial Limited Business Zone is intended for the development of retail centers and commercial and professional office complexes in the Burbank Center Plan area serving the shopping and personal service needs of both the surrounding residential areas and the region.
o BCCM: The Burbank Center Commercial Manufacturing Zone is intended to combine selected provisions of the C -4 Commercial Zone and the M -1 Industrial Zone to provide for the development of mixed commercial and light industrial uses, such as office/industrial parks. o C-3: The Commercial General Business Zone is intended for general business establishments and other commercial uses which are related directly to the highway for patronage.
o M-2: The General Industrial Zone is intended for the development of manufacturing process, fabrication and assembly of goods and materials.
The Zone Text Amendment (ZTA) introduces “Firearm and Ammunition Retailer” to the Zoning Use List in Title 10 (Zoning Regulations) of the BMC to differentiate the use from general “Retail store/sales.” The current regulations do not account for firearm and ammunition retailers as a separate use, and as result the City has been classifying firearm and ammunition retailers as “Retail store/sales.” “Firearm and Ammunition Retailer” would be conditionally permitted in commercial and industrial zones that meet certain distance separation requirements from residentially zoned property and sensitive uses. The “Firearm and Ammunition Retailer” use would generally allow for the retail sales of certain product, similar to numerous uses currently permitted in the City’s industrial and commercial zones. Further, the proposed ZTA would require that all new Firearm and Ammunition Retail uses comply with objective development standards and attain approval of a CUP . This discretionary review process provides an added layer of review that considers neighborhood compatibility. Therefore, the addition of the use will be in accord with the purposes of the zone(s) in which it is proposed to be listed. Further, the additi on of the use meets the purposes of the affected zones by allowing a proposed use that is similar to retail, specialty retail and/or wholesale currently permitted or conditionally permit in these zones.
2. The proposed use is compatible with and has the same basic characteristics as the other permitted uses.
Below are those zones in which Firearm and Ammunition Retailer would be conditionally permitted.
o BCC-2 Burbank Center Commercial General Business Zone o BCCM Burbank Center Commercial Manufacturing Zone
o C-3 Commercial General Business Zone
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o M-2 General Industrial Zone
The ZTA introduces “Firearm and Ammunition Retailer” to the Zoning Use List in Title 10 (Zoning Regulations) of the BMC to differentiate the use from general “Retail store/sales.” The curren t regulations do not account for firearm and ammunition retailers as a separate use, and as result of this the City has been classifying firearm and ammunition retailers as “Retail store/sales.” “Firearm and Ammunition Retailer” would be conditionally perm itted in commercial and industrial zones that meet certain separation requirements from residentially zoned property and sensitive uses. The “Firearm and Ammunition Retailer” use would generally allow for the retail sales of certain product, similar to num erous uses currently permitted in the City’s industrial and commercial zones. Further, the proposed ZTA would require that all new Firearm and Ammunition Retail uses comply with relevant development standards and attain approval of a CUP.
This discretionar y review process provides an added layer of review that considers neighborhood compatibility.
Therefore, the proposed use would be compatible with and would have the same basic characteristics as the other permitted uses including retail, specialty retai l and/or wholesale uses.
3. The proposed use can be expected to conform with the required conditions for the zone.
The inclusion of a “Firearm and Ammunition Retailer” as a conditionally permitted use in certain zones subject to approval of a CUP would be expected to conform with the required conditions of the underlying zone(s). Below are those zones in which Firearm and Ammunition Retailer would be conditionally permitted.
o BCC-2 Burbank Center Commercial General Business Zone o BCCM Burbank Center Commercial Manufacturing Zone
o C-3 Commercial General Business Zone
o M-2 General Industrial Zone
All zoning regulations currently applicable to the underlying zone(s) would apply to “Firearm and Ammunition Retailers” (e.g. setbacks, floor area ration, height, etc.), with the added layer that there would be additional objective standards that also apply specifically to this new use including distance separation requirements from sensitive uses, storage requirements for firearms and building security requirements. The proposed use would require a CUP, and a discretionary review process would further ensure conformance with the relevant zone. a
4. The proposed use will not be detrimental to the public health, safety or welfare.
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The inclusion of a “Firearm and Ammunition Retailer” as a conditionally permitted use in certain zones will not be detrimental to public health, safety, or welfare.
Any future “Firearms and Ammunition Retailer” would have to comply with all applicable standards in the Zoning Regulations. In additi on, they would also be subject to strict adherence to the latest California Building Code and California Fire Code, as well as a discretionary process that would provide an added layer of review that considers neighborhood compatibility, and potential impacts to the surrounding area. T he new Ordinance will include objective standards with distance separation requirements from sensitive uses, storage requirements for firearms and building security requirements. Therefore, the proposed use will not result in a detrimental impact to public health, safety, or welfare.
5. The proposed use will not adversely affect the character of the zone.
The inclusion of a “Firearm and Ammunition Retailer” as a conditionally permitted use in certain zones subject to approval of a CUP will not adversely affect the character of the following zone(s) in which it would be conditionally permitted:
o BCC-2 Burbank Center Commercial General Business Zone o BCCM Burbank Center Commercial Manufacturing Zone
o C-3 Commercial General Business Zone
o M-2 General Industrial Zone
The “Firearm and Ammunition Retailer” use would generally allow for the retail sales of certain product, similar to numerous uses currently permitted in the City’s industrial and commercial zones, and is similar to other uses in the commercial and industrial zones including retail, specialty retail and/or wholesale uses. Further, the proposed ZTA would require that all new Firearm and Ammunition Retailer uses comply with relevant development standards and obtain approval of a CUP. This discretionary process provides an added layer of review that considers neighborhood compatibility, distance separation requirements from sensitive uses, storage requirements for firearms and building security requirements. Therefore, the proposed use would not adversely affect the character of the zone(s).
6. The proposed use will not create more vehicular or other traffic than the volume normally created by any of the uses permitted.
The “Firearm and Ammunition Retailer” use would generally allow for the retail sales of certain product, similar to numerous uses currently permitted in the City’s industrial and commercial zones including retail, specialty retail, and/or wholesale uses. Vehicular traffic volumes are anticipated to be similar to those volumes generally seen with other retail, specialty retail, and/or wholesale uses
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already permitted within the relevant zones. Further, the proposed ZTA would require that all new Firearm and Ammunition Retail uses comply with relevant development standar ds and obtain approval of a CUP , which will provide an added layer of review that considers neighborhood compatibility and potential traffic impacts. Therefore, the proposed use would not create more vehicular or other traffic than the volume normally created by any of the uses permitted.
7. The proposed use will not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness, or any other objectionable influence than the amount, if any, normally created by any of the permitted uses.
The ZTA introduces “Firearm and Ammunition Retailer” to the Zoning Use List in Title 10 (Zoning Regulations) of the BMC to differentiate the use from general “Retail store/sales.” The “Firearm and Ammunition Retailer” use would generally allow for th e retail sales of certain product, similar to numerous uses currently permitted in the City’s industrial and commercial zones. In addition, the proposed ZTA would require that all new Firearm and Ammunition Retailer uses comply with objective development s tandards and obtain approval of a CUP , which will provide an added layer of review that considers neighborhood compatibility, separation requirements from sensitive uses, storage requirements for firearms and building security requirements.
Further, the use would be subject to strict adherence to the latest California Building Code and California Fire Code , which include building improvement and operational standards. Therefore, the proposed use would not create more odor, dust, dirt, smoke, noise, vibrat ion, illumination, glare, unsightliness, or any other objectionable influence than the amount, if any, normally created by any of the permitted uses.
8. The proposed use will not create any greater hazard of fire or explosion than the hazards normally created by any of the permitted uses.
Below are those zones in which Firearm and Ammunition Retailer would be conditionally permitted.
o BCC-2 Burbank Center Commercial General Business Zone o BCCM Burbank Center Commercial Manufacturing Zone
o C-3 Commercial General Business Zone
o M-2 General Industrial Zone
The “Firearm and Ammunition Retail” use would generally allow for the retail sales of certain product, similar to numerous uses currently permitted in the City’s industrial and commercial zones. In addition, the proposed ZTA would
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require that all new Firearm and Ammunition Retailer uses comply with objective development standards and obtain approval of a CUP , which will provide an added layer of review that considers neighborhood compatibility, distance separation requirements from sensitive uses, storage requirements for firearms and building security requirements. Further, the use would be subject to strict adherence to the latest California Building Code and California Fire Code, which include building improvement and operational standards. Therefore, the proposed use will not create any greater hazard of fire or explosion than the hazards normally created by any of the permitted uses.
9. The proposed use will not cause substantial injury to the values of property in the zone in which it is proposed to be listed or in any abutting zone.
The inclusion of a “Firearm and Ammunition Retailer” as a conditionally permitted use in certain zones subject to approval of a CUP would not cause substantial injury to the val ues of property in the zone in which it is proposed to be listed or in any abutting zone. B elow are those zones in which Firearm and Ammunition Retailer would be conditionally permitted.
o BCC-2 Burbank Center Commercial General Business Zone o BCCM Burbank Center Commercial Manufacturing Zone
o C-3 Commercial General Business Zone
o M-2 General Industrial Zone
The “Firearm and Ammunition Retailer” use would generally allow for the retail sales of certain product, similar to numerous uses currently permitted in the City’s industrial and commercial zones including retail, specialty retail and/or wholesale uses. Further, the proposed Zone Text Amendment would require that all new Firearm and Ammunition Retail uses comply with relevant development standards and obtain approval of a CUP , which will provide an added layer of review that considers neighborhood compatibility. Therefore, the addition of the use is not anticipated to cause substantial injury to the values of property in the zone(s) in which it is proposed to be listed or in any abutting zone.
M. In accordance with California Government Code Section 65860, the proposed Zone Text Amendment and associated Ordinance have been determined to be consistent with the Burbank2035 General Plan and are compatible with t he objectives, policies, general land uses and programs specified therein, and more specifically, the General Plan Land Use Element.
N. This Ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq, ) (“CEQA”). The activity enacts objective land use regulations for firearm retailers and is covered by the common- sense exemption that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is
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no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Furthermore, pursuant to CEQA Guidelines Section 15378, this ZTA is not considered a “ project” subject to the requirements of CEQA because the ZTA has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:
Section 1. Findings. All the findings set forth above are true and correct and are incorporated herein as if restated in their entirety.
Section 2. Amendment to Burbank Municipal Code (“BMC”) Section 10-1- 502 (Uses in All Zones, except Residential Zones). A portion of the table in BMC Section 10-1-502 is hereby amended to add “Firearm and Ammunition Retailer,” pursuant to the development standards in new Section 10-1-1119, as shown in Exhibit A to this Ordinance, attached and incorporated herein.
Section 3. Amendment to BMC Title 10, Ch apter 1, Article 11 . One new Section, 10-1-1119, titled “Firearm and Ammunition Retail Use Regulations ” is hereby added to the BMC, which is currently undefined. The new Section is added to the BMC as shown in Exhibit B to this Ordinance, attached and incorporated herein.
Section 4. Severability. If any provision of this Ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications of the Ordinance, which can be given effect without the invalid provision or application, and to this end each phrase, section, sentence, or word is declared to be severable.
Section 5. Environmental Assessment This Ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq,) (“CEQA”). The activity is covered by the common- sense exemption that CEQA applies only to projects, which have the potential for causing a s ignificant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Furthermore, pursuant to CEQA Guidel ines Section 15378, this ZTA is not considered a “project” subject to the requirements of CEQA because the ZTA merely regulates existing and future firearm retailers and has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The City Clerk or City Planner shall file a Notice of Exemption with the Los Angeles County Clerk and the State Clearinghouse, within 5 days of the City Council’s approval.
Section 6. Effective Date and Expiration of Urgency Ordinance . This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31st) day after the date of adoption. Upon that effective date, Urgency Ordinance No. 23-3,998 shall
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automatically expire, and the interim development standards adopted therein will automatically be repealed and replaced by the standards adopted in this Ordinance.
PASSED AND ADOPTED this ____ day of June, 2024.
__________________________
Nick Schultz
Mayor
Approved as to Form:
Attest: Office of the City Attorney
_________________________ By: _______________________ Kimberley Clark, City Clerk Jill Vander Borght Senior Assistant City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. __________ was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the ____ day of June , 2024, by the following vote:
AYES:
NOES:
ABSENT:
I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Burbank, California within 14 days following its _____________ , 2024 adoption.
__________________________
Kimberley Clark, City Clerk
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EXHIBIT A
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10-1-502: USES IN ALL ZONES (EXCEPT RESIDENTIAL ZONES):
P = permitted CUP = Conditional Use Permit required AUP = Administrative Use Permit required (blank) = prohibited [CUP] = CUP required if residentially adjacent as defined in 10-1-203 [AUP] = AUP required if residentially adjacent as defined in 10-1-203 [PRH] = prohibited if residentially adjacent as defined in 10-1-203 S = When required by State preemption law Land Use C-2 C-3 C-4 M-1 M-2 MD
M-1
MDC
-2
MDC
-3
MD
C-4
NB GO RC C-R RBP BCC-
1 BCC-
2 BCC-
3 BCC
M
MPC
-1
MPC
-2
MPC
-3
OS AP RR AD
RETAIL SALES AND DINING
Firearm and
Ammunition
Retailer
CUP CUP CUP CUP
Above, a portion of the table in BMC Section 10-1-502 is hereby amended by adding “Firearm and Ammunition Retailer,” pursuant to the development standards in new Section 10-1-1119.
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EXHIBIT B
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Title 10: Zoning Regulations
Chapter 1: Zoning
Article 11: General Property Development Regulations
Section 1119: Firearm and Ammunition Retail Use Regulations A. PURPOSE
It is the purpose and intent of this Section to establish local development and location standards for the perm itting 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. The provisions of this Sectio n are not intended to contradict any applicable state or federal law.
B. DEFINITIONS
The following definitions shall have the following meanings and shall apply only to this Section.
“Ammunition” as defined in § 921(a)(17) of Title 18 of the United States Code and as defined in Article 7 of Chapter 4 of Title 3 of the City’s Business and Licenses regulations, means ammunition or cartridge cases, primers bullets, or propellant powder designed for use in any firearm, an d any component thereof, but shall n ot include blank cartridges or ammunition that can be used solely in an “antique firearm” as that term is defined in § 921(a)(16) of Title 18 of the United States Code.
“Firearm” means any device, designed to be used as a weapon or modified to be use d as a weapon, from which is expelled through a barrel a projectile by the force of explosion or other means of combustion, provided that the term “firearm” shall not include an “antique firearm” as defined in § 921(a)(16) of Ti tle 18 of the United States Code.
“Firearm and Ammunition Retail Activity” means any person or establishment engaging in the business of selling, leasing, or transferring of any firearm or ammunition, or to hold oneself out as engaged in the business of selling, leasing, or otherwise transferring any firearm or ammunition, or to sell lease, or transfer firearms or ammunition in quantity, in series, or in individual transactions, or in any other manner indicative of trade. This shall not include home occupations involving firearms which are governed by Burbank Municipal Code Section 10-1-673 and 10-1-673.1.
“Firearm and Ammunition Retailer” means any person or establishment engaged in firearm or ammunition retail activity.
“Gun Shows or Events” means a function sponsored by any natio nal, state, or local
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organization, devoted to the sale of firearms for the collection, competitive use, or other sporting use of firearms, or an organization or association that sponsors functions devoted to the sale of firearms for the collection, com petitive use, or other sporting use of firearms in the community.
“Person” means any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
“Residential Zones” means properties zoned as R -1, R -2, R -3, R -4, MDR -3, MDR -4, and MDR-5.
“Sensitive Uses” means schools, public libraries, religious institutions, and public park s and open space, as further defined below.
1. “School” means any educational inst itution as defined by the California Department of Education and appearing on the County of Los Angeles Management System database. This definition includes public, private, a nd charter schools, primary and secondary sch ools, adult education, colleges , and universities under the jurisdiction of the California Department of Education. The location of schools can be found in the County of Los Angeles Management System “Location of schools, colleges, and universities in Los Angeles County” database.
2. “Public library” means a library that is operated by a public jurisdiction as defined by the State of California and appearing on the County of Los Angeles Management System database . This definition includes public libraries operated by the County of Los Angeles and the City of Burbank. The location of libraries can be found i n th e County of Los Angeles Management System “Location of libraries” database.
3. “Religious institution” means an institution owned, controlled, and operated and maintained by a bona fide church, religious denomina tion, or religious organization composed of multidenominational members of the same well - recognized religion, lawfully operating as a nonprofit religious corporation pursuant to Part 4 (commencing with Section 9110) of Division 2 of Title 1 of the State of California Corporations Code and ap pearing on the County of Los Angeles Management System database. The location of religious institutions can be found in the County of Los A ngeles Location Management System “Location of churches in Los Angeles County” database.
4. “Public Park and open space” means any dedicated park and open space maintained by a public jurisdiction, such as th e County of Los Angeles, City of Burbank, or State of California, and includes pr ivately-owned open space that is available for public use and appearing on the County of Los Angeles Management System database . The location of parks and open spaces can be found in the County of Los Angeles Location Management System “Location of parks in Los Angeles County” database.
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C. PERMITTING PROCESS
1. No pers on o r establishment may engage in F irearm and Ammunition R etail Activity unless a conditional use permit has been approved to operate a Firearm and Ammunition Retailer at the subject location, in accordance with Chapter 1, Article 19, Division 4, of Title 10 of the City of Burbank Municipal Code.
2. No person shall engage in or operate as a Firearm and Ammunition Retailer without first obtaining and maintaining a valid firearm retailer’s license for each location at wh ich Firearm and Ammunition R etail Activity is to occur pursuant to all applicable federal, state, and local laws.
3. Notwithstanding any other provision, G un Shows or Events must comply with all the development standards outlined in this Section. In addition, a Conditional Use Permit shall be appr oved prior to the hosting of any Gun Show or Event at a subject location.
D. PROHIBITION
1. Notwithstanding any other provision, F irearm and Ammunition R etail Activity on property owned by the City of Burbank is prohibited.
E. COMPLIANCE BY EXISTING FIREARM AND AMMUNITION RETAILERS
An establishment or person engaged in Firearm and Ammunition R etail Activity on the effective date of this Code section shall, within 180 days of the effective date, comply with this Code section.
1. Any Firearm and Ammunition R etailer that on the effective date of this Code section is located in any location that makes them ineligible to obtain a conditional use permit, is eligible to continue as a nonconforming use, provided that they comply with all other applicable regulations.
2. Any Firearm and Ammunition Retailer that is considered to be a nonconforming use shall continue to be subject to those provisions of the Code that govern nonconforming uses to the extent that those provisions do not conflict with the provisions of this Code section.
3. Whenever a nonconfor ming Firearm and Ammunition R etailer files an out of business license or upon termination, expiration, surrender or other expiration of the Federal Firearm License, such F irearm and Ammunition R etail Activity shall not be resumed.
F. LOCATION
1. Firearm and Ammunition R etail Activity is permitted subject to approval of a conditional use permit in accordance with the use table in Code section 10- 1-
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502.
2. Firearm and Ammunition R etailers of all types shall maintain a distance separation from Residential Zones, as defined, of at least 1,000- feet. This distance shall be measured in accordance with the requirements as set forth in this Code section.
3. Firearm and Ammunition R etailers of al l types must maintain a distance separation from Sensitive Uses, as defined, of at least 1,000- feet. This distance shall be measured in accordance with the requirements as set forth in this Code section.
4. Firearm and Ammunition R etailers of all types must maintain a distance separation from other Firearm and Ammunition Retailers of at least 500-feet. This distance shall be measured in accordance with the requirements as set forth in this Code section.
5. Distance separation shall be measured horizontally in a straight line between the two closest points of the properties. This dist ance shall be measured without regard to topography or structures that would interfere with a straight -line measurement.
6. Distance separation requirements in accordance with t his section shall be based on the zones and uses that are in place at the time the applicant has submitted a completed conditional use permit application.
G. VIDEO SURVEILLANCE SYSTEM
Firearm and Ammunition Retail Activity shall comply with the video sur veillance system requirements identified in Article 7, Chapter 4, of Title 3 of t he Burbank Municipal Code.
The video surveillance system shall meet all requirements of California Penal Code 26806 when applicable. And in any instance of inconsistent standa rds, the Firearm and Ammunition Retailer Activity shall comply with the stricter of the two.
H. SECURE STORAGE OF FIREARMS
When a F irearm and Ammunition R etailer is not opened for business, all F irearms on inventory shall be stored in the licensed locat ion consistent with the requirements of California Penal Code 26890, as may be updated from time to time.
I. BARRIERS
All new and existing Firearm and Ammunition Retailers shall install protective barriers to protect the business establishment’s entrances, any floor-to-ceiling windows, and any other doors or openings that could be breached by a vehicle. For the purposes of this barrier requirement, protective barriers shall only be installed to protect those entrances, floor-to-ceiling windows, and other doors or openings that are positioned less t han 20- inches from the abutting grad e. This requirement shall not apply to elevated loading
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docks.
Protective barriers may include steel rolldown doors, security gates, or other similar features. Barriers shal l no t be located within the public right -of-way o r obst ruct accessible routes or accessible means of ingress or egress in compliance with the Building Code, and state and federal law. Barriers may be placed within the interior of the building, so long as t he barriers are within 3- inches of the entrance, floor-to-ceiling windows, and/or any other doors or openings.
Protective barriers may also include vertical protective barriers such as bollards, security planters, or other barriers with a similar structural integrity. Vertical protective barriers shall meet the following requirements:
1. Vertical protective barriers shall be fixed protective structures made of concrete, steel, or cast iron.
2. Vertical protective barriers shall include but are not limited to , bo llards or planters. Barriers shall not includ e wheel stops, jersey barriers, or similar traffic barriers.
3. Vertical protective barriers shall be placed no less than 3- feet apart, and no more than 5-feet apart, from one another.
4. Vertical protective barriers shall be between 20 inches and 47 inches in height.
5. Vertical protective barriers shall be placed in a manner that prevents vehicle collisions from the street into the location’s front entrance, any floor -to-ceiling windows, or any other doors or openings that could be breached by a vehicle.
6. Barriers may be placed within the interior of the building, so long as the barriers are within 3 inches of the entrance, floor -to-ceiling windows, and/or any other doors or openings that could be breached by a vehicle.
J. LIGHTING
Lighting shall be prov ided to il luminate building entries, facades, and the immediate surrounding area of the F irearm and Ammunition Retailer facility, including any parking lots, adjoining sidewalks, and alleys that provide access into the facility.
1. Outdoor lighting fixtures shall be installed in a manner that minimizes negative impacts from light pollution including light trespass, spillover, and glare and shall provide lighting that is hooded, shielded, and/or oriented to deflect light away from adjacent properties.
2. Each lighting fixture shall provide a minimum of 200 lumens.