Agenda Item C.1
DISCUSSION/ACTION ITEM
Meeting Date: September 15, 2026
TO: Mayor and Councilmembers
SUBMITTED BY: Peter T. Imhof, Director of Planning and Environmental Review Isaac Rosen, City Attorney
SUBJECT: Consider Adoption of an Interim Urgency Ordinance Temporarily Prohibiting the Establishment of New Firearms and Ammunition Retailers Within the City
RECOMMENDATION:
Adopt on a four-fifths vote interim Urgency Ordinance No. 26-__U, entitled “An Urgency Ordinance of the City Council of the City of Goleta, California Temporarily Prohibiting the Establishment of any New Firearms and Ammunition Retailers within the City, Finding the Ordinance Exempt from the California Environmental Quality Act , and Declaring the Urgency Thereof.”
BACKGROUND:
The City of Goleta Municipal Code currently regulates the safe storage of firearms in a residence in Title 9 Public Peace and Welfare, and unlawful firearm discharges near schools and unlawful firearm and weapons in City parks or beaches in Title 12 Streets, Sidewalks and Public Places of the Goleta Municipal Code. There are no specific zoning regulations regarding the retail sale of firearms and ammunition. Firearms and ammunition retailers are treated as “General Retail” and allowed in four commercial zone districts with an issued business license. As long as a firearm retailer is located in a commercial zone district where General Retail is allowed, and re ceives a business license, the use is currently permitted by right.
In response to recent City Council and community interest in developing firearms retails specific regulations, the City Council on September 1, 2026 held a noticed Study Session, solicited staff input and public comment, and provided direction for City staff to study and develop permanent regulations specifically governing firearms and ammunition retail uses, including evaluating appropriate zoning districts, sensitive use buffers and separation standards, use -specific permitting requirements, security and operational standards and related business-license regulations.
1 Meeting Date: September 15, 2026
At the meeting, the City Council acknowledged that this work by staff would take some time and determined that an interim pause on the establishment of new firearms and ammunition retail uses in the City during the study period is necessary to prevent potential uses that conflict with contemplated zoning amendments, impairing the City's ability to adopt permanent regulations governing such uses.
DISCUSSION:
An interim Urgency Ordinance to temporarily prohibit the establishment of new firearms and ammunition retail ers within the City is attached for Council’s consideration and adoption. Pursuant to its authority granted by Article XI, Section 7, of the California Constitution, as well as section 65858 of the California Government Code, City staff recommends the City Council finds this interim Urgency Ordinance is necessary for the immediate preservation of the public peace, health, safety, and general welfare, and to temporarily prohibit the establishment of new firearms and ammunition retail uses that may conflict with contemplated zoning amendments. The interim Urgency Ordinance will give staff time to research and establish restrictions and measures concerning the establishment, commencement or expansion of firearms and ammunition retail uses within the City.
There are currently two lawfully operating firearms and ammunition retail uses in the City of Goleta as of the effective date of this interim Urgency Ordinance. This interim Urgency Ordinance shall not impair the lawful operation or relocation of either existing firearms and ammunition retail use s in the City, provided that any relocation does not result in concurrent continued operation of firearms retail uses at both the former and relocated locations.
The City and the surrounding South Coast community has been directly impacted by two tragic mass-casualty events involving firearms during the past 20 years: the January 30, 2006 Goleta postal shooting, in which seven victims were killed before the perpetrator died by suicide; and the May 23, 2014 Isla Vista mass-casualty attack, in which six victims were killed and fourteen others were injured before the perpetrator died by suicide .
According to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, during calendar year 2025 , federally licensed firearms dealers reported 10,383 firearms as stolen or lost nationwide, including 334 firearms in California; nationally, 1,748 firearms were reported stolen in burglaries, 1,338 in larcenies, and 77 in robberies.
Under the City’s existing zoning regulations, firearms and ammunition retailers ar e processed as a “general retail” use, which does not contain specific standards, permitting requirements, or locational criteria for businesses engaged in the retail sale of firearms and ammunition. T here are also no discretionary land -use approvals, pub lic notice, or specific findings associated with City approval of a firearms and ammunition retail use.
The City’s existing regulatory framework pertaining to firearms and ammunition sales is insufficient in light of the public safety risks that firearms may pose to the general public.
On September 1, 2026 City Council provided direction to study, develop and establish additional regulations pertaining to the retail sales of firearms and ammunition under the City’s broad police power authority to regulate land use and businesses within the City. 2 Meeting Date: September 15, 2026
The placement of firearms and ammunition retail uses within commercial or mixed -use areas may create land-use compatibility concerns, particularly where such uses could be located near schools, childcare facilit ies and places of worship, and existing City regulations may not adequately consider these potential impacts . Retail businesses selling firearms or ammunition require more robust review than general retail uses to ensure appropriate locations, operational safeguards, and buffering, and approving any new firearms and ammunition retail uses in the City before such permanent regulations are developed could lead to land -use conflicts that could result in unnecessary public health and safety impacts and result i n addition nonconforming uses inconsistent with future, planned City regulation.
Consistent with City Council’s September 1, 2026 direction, City staff believes an interim pause on the establishment of new firearms and ammunition retail uses in the City during the study period is necessary to prevent potential uses that conflict with contemplated zoning amendments, impairing the City's ability to adopt permanent regulations governing such uses consistent with City Council direction . Completion of permanen t regulations consistent with City Council’s September 1, 2026 direction will require City staff to undertake additional factual research, GIS mapping and spatial analysis, legal review, ordinance drafting, and public noticing and public hearings consisten t with the Government Code, and cannot reasonably be completed before additional, new firearms and ammunition retail use could otherwise obtain City approval under the City’s existing Municipal Code provisions.
City staff intends to balance Second Amendment considerations with the need to perform a detailed, thorough review of potential prospective zoning and operational regulations pertaining to firearms and ammunition retail uses , which may take significant time .
Meanwhile, in the absence of an interim Urgency Ordinance, City staff believes the approval of applications for new firearms and ammunition retail uses during the ongoing zoning review could pose a current and immediate threat to public health, safety, and welfare. Additionally, residents retai n meaningful access to the lawful acquisition of firearms and ammunition in the City.
City staff recommends this interim Urgency Ordinance as necessary to prohibit changes in uses that may be in conflict with a contemplated General Plan, Specific Plan, or zoning proposal that the City is studying or intends to study within a reasonable time, and to prohibit the introduction of potentially legal nonconforming land uses that could defeat a later-adopted zoning ordinance.
GOLETA STRATEGIC PLAN:
City-Wide Initiative: City-Wide Initiative: 7. Maintain a Safe and Healthy Community
FISCAL IMPACTS:
Adoption of the interim Urgency Ordinance itself is not expected to result in a material immediate fiscal impact.
3 Meeting Date: September 15, 2026
ALTERNATIVES:
No alternatives are provided.
LEGAL REVIEW BY: Isaac Rosen, City Attorney
APPROVED BY: Robert Nisbet, City Manager
ATTACHMENTS:
1. Interim Urgency Ordinance No. 26-__U, entitled “An Urgency Ordinance of the City Council of the City of Goleta, California Temporarily Prohibiting the Establishment of any New Firearms and Ammunition Retailers within the City, Finding the Ordinance Exempt from the California Environmental Quality Act, and Declaring the Urgency Thereof.”
2. CEQA Notice of Exemption
4 ATTACHMENT 1
An Urgency Ordinance of the City Council of the City of Goleta, California, prohibiting the Establishment of any new firearms and ammunition retailers within the City, Finding the Ordinance Categorically Exempt from the California Environmental Quality Act, and Declaring the Urgency Thereof
5 ORDINANCE NO. 26-_
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF GOLETA, CALIFORNIA , TEMPORARILY
PROHIBITING THE ESTA BLISHMENT OF ANY NEW
FIREARMS AND AMMUNIT ION RETAILERS WITHIN THE
CITY, FINDING THE ORDINANCE EXEMPT FROM THE
CALIFORNIA ENVIRONME NTAL QUALITY ACT , AND
DECLARING THE URGENCY THEREOF
WHEREAS, City and the surrounding South Coast community has been directly impacted by two tragic mass-casualty events involving firearms during the past 20 years:
the January 30, 2006 Goleta postal shooting, in which seven victims were killed before the perpetrator died by suicide; and the May 23, 2014 Isla Vista mass-casualty attack, in which six victims were killed and fourteen others were injured before the perpetrator died by suicide; and
WHEREAS, according to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, during calendar year 2025 federal firearms licensees reported 10,383 firearms as stolen or lost nationwide, including 334 firearms in California; nationally, 1,748 firearms were reported stolen in burglaries, 1,338 in larcenies, and 77 in robberies; and
WHEREAS, there are currently two (2) firearms and ammunition retailers operating within the City; and
WHEREAS, under the City’s existing zoning regulations, firearms and ammunition retailers are processed as a “general retail” use, which does not contain specific standards, permitting requirements, or locational criteria for businesses engaged in the retail sale of firearms and ammunition; and
WHEREAS, under the City’s existing zoning regulations, there are no discretionary land-use approvals, public notice, or specific findings associated with City approval of a firearms and ammunition retail use; and
WHEREAS, after a review of the City’s zoning and regulatory regulations pertaining to firearms and ammunition retailers, the City Council has determined its existing regulatory framework pertaining to firearms and ammunition sales is insufficient in light of the public safety risks that firearms may pose to the general public, and the City Council unanimously determined that additional regu lations pertaining to the retail sales of firearms and ammunition should be developed under the City’s broad police power authority to regulate land use and businesses within the City; and
WHEREAS, the placement of firearm s and ammunition retail uses within commercial or mixed-use areas may create land-use compatibility concerns, particularly 6 where such uses could be located near schools, childcare facilities and places of worship, and existing City regulations may not adequately consider these potential impacts; and
WHEREAS, numerous jurisdictions across California have adopted firearms and ammunition retail-specific zoning and operational standards and regulations; and
WHEREAS, in Teixeira v. County of Alameda (2017) 873 F.3d 670, the Ninth Circuit held location -based restrictions applicable to firearms retailers, including separation requirements from specified sensitive uses , may not violate the Second Amendment so long as there is a meaningful access to firear ms and ammunition purchases; and
WHEREAS, on September 1, 2026, the City Council held a noticed study session, solicited staff input and public comment, and provided direction for City staff to study and develop permanent regulations specifically governing firearms and ammunition retail uses, including but not limited to evaluating appropriate zoning districts, sensitive use buffers and separation standards, use-specific permitting requirem ents, security and operational standards and related business-license regulations; and
WHEREAS, the City Council finds that an interim pause on the establishment of new firearms and ammunition retail uses in the City during the study period is necessary to prevent potential uses that conflict with contemplated zoning amendments; and
WHEREAS, completion of permanent regulatio ns consistent with City Council’s September 1, 2026 study session direction requires City staff to undertake additional factual research, GIS mapping and spatial analysis, legal review, ordinance drafting, and public noticing and public hearings consistent with the Government Code, and cannot reasonably be completed before additional, new firearms and ammunition retail use could otherwise obtain City approval under the City’s existing Municipal Code provisions; and
WHEREAS, the City’s need to balance Second Amendment considerations with the need to perform a detailed, thorough review of potential prospective zoning and operational r egulations pertaining to firearms and ammunition retail uses may take significant time; and
WHEREAS, on September 1, 2026, the County of Santa Barbara adopted an interim urgency ordinance temporarily prohibiting new firearms and ammunition retail uses in the unincorporated County, and since the City of Goleta currently lacks firearms- retailer-specific regulations or standards, such action increases the possibility that new retailers could seek the establishment of additional firearms and ammunition retail use before the City can adopt its own, Council-directed permanent regulations; and
WHEREAS, the City Council finds that this Urgency Ordinance is necessary to prohibit changes in use that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City is studying or intends to study within a reasonable 7 time, and to prohibit the introduction of potentially legal nonconforming land uses that could defeat a later-adopted zoning ordinance; and
WHEREAS, based on the foregoing, the City Council finds that the approval of additional firearms and ammunition retail uses in the City when there is an existing lack of applicable, specific standards , and before the City Council -directed permanent standards can be adopted , results in a current and immediate threat to public health, safety; and
WHEREAS, City Council concludes that a temporary moratorium prohibiting the establishment of new firearms and ammunition retail uses is necessary to provide staff sufficient time to research, develop, and present zoning and related permanent firearms and ammunition retail use -specific recommendations that protect the public peace, health, safety, and welfare of residents; and
WHEREAS, the City Council finds that the continued lawful operation of existing firearms and ammunition retail uses within the City preserves meaningful access to the lawful acquisition of firearms and ammunition; and
WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GOLETA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council hereby finds that the foregoing recitals are true and correct, incorporated herein by this reference, and the recitals are adopted as findings supporting the City Council’s actions taken hereafter.
SECTION 2. Urgency Ordinance Purpose and Authority. The City Council enacts this Urgency Ordinance to temporarily prohibit the establishment of new firearms and ammunition retail uses within the City . Pursuant to its authority granted by Article XI, Section 7, of the California Constitution, as well as section 65858 of the California Government Code, the City finds this Urgency Ordinance is necessary for the immediate preservation of the public peace, health, safety, and general welfare , and to prohibit the establishment of new firearms and ammunition retail use s that may conflict with contemplated zoning amendments.
SECTION 3. General Plan. The City Council hereby finds that the adoption of the Urgency Ordinance is consistent with the General Plan and will further the goals, policies, and implementation programs of the General Plan , including but not limited to LU 3.1, that City’s comme rcial categories are intended to provide appropri ate locations for business uses that serve neighborhoods, the community and the region.
SECTION 4. CEQA. The City of Goleta has determined that the adoption of the Urgency Ordinance is exempt from review under the California Environmental Quality Act (“CEQA”) (California Public Resources Code § 21000, et seq.), pursuant to State CEQA 8 Guidelines (14 Cal. Code Regs.) Section 15301, which categorically exempts activities involving negligible or no expansion of use of existing facilities, and Section 15061(b)(3), which applies where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the enviro nment. This Urgency Ordinance merely temporarily prohibits the establishment of new firearms and ammunition retail uses within the City. This Urgency Ordinance does not directly or indirectly authorize or approve any actual changes to the physical environm ent. Accordingly, this Urgency Ordinance is exempt from CEQA.
SECTION 5. Moratorium. During the term of this Urgency Ordinance and any lawful extension, the establishment of any new firearms and ammunition retail use that would result in a net increase in the number of firearms and ammunition retail uses that currently, lawfully operate within the City is prohibited in all zoning districts. The City shall not permit, authorize, or approve any applications for business licenses, zoning clearances, land use entitlements, or any other City approvals necessary for any activity associated with n ew firearms and ammunition retail use in the City that results in a net increase in the number of firearms and ammunition retail uses that currently, lawfully operate within the City.
There are two lawfully operating firearms and ammunition retail uses in the City of Goleta as of the effective date of this Urgency Ordinance. Nothing in this Urgency Ordinance shall impair the continued lawful operation of either existing use. The City may approve or authorize the relocation of an existing, lawful firearms and ammunition retail use in the City, provided that any such relocation does not result in continued, concurrent operation at both the former and relocated locations, and provided such relocation otherwise complies with applicable law and City requirement s. This Urgency Ordinance shall be interpreted and applied in a manner consistent with the United States Constitution.
SECTION 6. Nuisance Declared. A firearms and ammunition retail use established in violation of this Urgency Ordinance is unlawful and constitutes a public nuisance subject to abatement and enforcement under applicable provisions of the Goleta Municipal Code.
SECTION 7. Enforcement. Violations of any provisions of this Urgency Ordinance shall be enforced pursuant to Chapter 12.13 of the Goleta Municipal Code.
SECTION 8. Effective Date. This Urgency Ordinance shall take effect and be in full force immediately upon adoption by at least a four-fifths vote of the City Council and shall be in effect for 45 days from the date of adoption unless extended by the City Council pursuant to Government Code section 65858.
SECTION 9. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
9 SECTION 10. Certification. The City Clerk shall certify to the adoption of this Ordinance and, within 15 days after its adoption, shall cause it to be published in accord with California Law.
INTRODUCED ON the 15th day of September, 2026.
PASSED, APPROVED AND ADOPTED this 15th day of September, 2026.
_________________________
PAULA PEROTTE
MAYOR
ATTEST: APPROVED AS TO FORM:
______________________ _________________________
DEBORAH S. LOPEZ ISAAC ROSEN
CITY CLERK CITY ATTORNEY
10 STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.
CITY OF GOLETA )
I, DEBORAH S. LOPEZ, City Clerk of the City of Goleta, California, do hereby certify that the foregoing Ordinance No. 26-__ was introduced on __________, 2026, and adopted at a regular meeting of the City Council of the City of Goleta, California, held on the __th of __________, 2026, by the following roll-call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
(SEAL)
___________________________
DEBORAH S. LOPEZ
CITY CLERK
11 ATTACHMENT 2
CEQA Notice of Exemption
12 NOTICE OF EXEMPTION (NOE)
To: Office of Planning and Research From: City of Goleta P.O. Box 3044, 1400 Tenth St. Rm. 212 130 Cremona Drive, Suite B Sacramento, CA 95812-3044 Goleta, CA 93117
Clerk of the Board of Supervisors
County of Santa Barbara
105 E. Anapamu Street, Room 407
Santa Barbara, CA 93101
Subject: Filing of Notice of Exemption
Project Title:
Adoption of an Interim Urgency Ordinance Temporarily Prohibiting the Establishment of New Firearms and Ammunition Retailers
Project Applicant:
City of Goleta Planning and Environmental Review Department Project Location (Address and APN):
Citywide
Description of Nature, Purpose, and Beneficiaries of Project:
Adoption of an interim urgency ordinance entitled “An Urgency Ordinance of the City Council of the City of Goleta, California temporarily prohibiting the establishment of any new firearms and ammunition retailers within the City, finding the Ordinance exempt from the California Environmental Quality Act, and declaring the urgency thereof.” Name of Public Agency Approving the Project:
City Council of the City of Goleta
Name of Person or Agency Carrying Out the Project:
City of Goleta
Exempt Status: (check one)
Ministerial (Sec. 15268)
Declared Emergency (Sec. 15269 (a))
Emergency Project (Sec. 15269 (b) (c))
Categorical Exemption: (Insert Type(s) and Section Number(s)) Other Exemption: Sec. 15301 (no expansion of use of existing facilities), 15061(b)(3) (general rule)
Reason(s) why the project is exempt:
Pursuant to California Environmental Quality Act (Public Resources Code Sections 21000 et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations Sections 15000 et seq., the “CEQA Guidelines”), the proposed ordinance is exempt pursuant to Section 15301, which categorically exempts activities involving negligible or no expansion of use of existing facilities, and Section 15061(b)(3), which applies 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. This proposed ordinance merely temporarily prohibits the establishment of new firearms and ammunition retail 13 NOTICE OF EXEMPTION (NOE)
uses within the City. The proposed ordinance does not directly or indirectly authorize or approve any actual changes to the physical environment (CEQA Guidelines Section 15301 and Section 15061(b)(3)).
City of Goleta Contact Person, Telephone Number, and Email:
Peter Imhof, Director, Planning and Environmental Review Dept (805) 252-9761
[email protected]
Peter Imhof, Director, Planning and Environmental Review Dept. Date If filed by the applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project?
Yes No
Date received for filing at OPR: ____________________________________________ Note: Authority cited: Section 21083 and 211110, Public Resources Code Reference: Sections 21108, 21152.1, Public Resources Code 14