HomeMy WebLinkAboutOrd 01-26 Prohibiting the Urgency Interim Ordinance - Establishment, Expansion, or Relocation of Firearms Retailing and Shooting Range UsesOrd. No. 01-26, Item 3.1, Adopted 01/20/2026 Page 1 of 4
ORDINANCE NO. 01 - 26
AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
PROHIBITING THE ESTABLISHMENT, EXPANSION, OR RELOCATION OF FIREARMS RETAILING AND
SHOOTING RANGE USES
(PLPA-004331-2026)
The Dublin City Council does ordain as follows:
SECTION 1. RECITALS
A. The City Council finds that firearm-related injuries and deaths have a significant adverse impact on
public health, safety, and welfare nationally, statewide, and locally; and
B. The City Council is considering and studying zoning amendments that would regulate the approval,
siting, or operation of firearms retailers and shooting ranges in order to address land use
compatibility concerns and protect the public health, safety, and welfare; and
C. The City Council finds that firearms retailers and shooting ranges increase access and visibility to
firearms in the surrounding area and may raise land use compatibility concerns when located near
sensitive land uses such as schools, parks, libraries, childcare facilities, and residential
neighborhoods; and
D. The City Council further finds that interim regulation is necessary to prevent the approval of firearms
retailers and shooting ranges that could undermine or prejudice the zoning amendments under
study during the study period; and
E. Under the Dublin Municipal Code, firearms retailers are considered a Retail use and shooting
ranges are considered a Recreation Facility use, and in some zoning districts, may be permitted by
right, subject to compliance with applicable regulations and permits; and
F. The City has received inquiries regarding the potential establishment of a firearms retailer and/or
indoor shooting range in proximity to a planned or existing school within the City, prompting
concern—similarly expressed in state and federal law (see 18 U.S.C. § 922(q) and Cal. Penal Code,
§ 626.9)—that existing zoning regulations may not adequately address the compatibility of such
uses with surrounding sensitive land uses; and
G. The City Council desires to study potential amendments to the Dublin Municipal Code and
Downtown Dublin Specific Plan to address the siting and regulation of firearms retailers and
shooting ranges, including whether such uses should be further regulated through additional zoning
standards or requirements or prohibited; and
H. The City Council finds that, during the period in which such zoning and specific plan amendments
are being considered and studied, the approval of firearms retailers and shooting ranges prior to
completion of that study could result in land use conflicts that would be difficult to remedy after the
fact; and
I. Government Code section 65858 authorizes a city council, as an urgency measure and without
following the procedures otherwise required for adoption of a zoning ordinance, to adopt an interim
ordinance prohibiting uses that may be in conflict with a contemplated zoning proposal, including
zoning amendments under study, in order to protect the public health, safety, and welfare; and
J. Government Code sections 36934 and 36937(b) authorize adoption of urgency ordinances at a
regular or special meeting, provided the ordinance contains findings of urgency and is adopted by
a four-fifths vote of the City Council; and
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K. The City Council finds and declares that there is a current and immediate threat to the public health,
safety, and welfare if firearms retailers and/or shooting ranges are established or expanded during
the pendency of the zoning amendments under study, prior to the adoption of permanent
regulations.
SECTION 2. FINDINGS
A. The City Council finds and declares that this Ordinance is necessary as an urgency measure for the
immediate preservation of the public peace, health, and safety, within the meaning of Government
Code sections 36937(b) and 65858, because approval of firearms retailers and/or shooting ranges
during the pendency of the City’s zoning study would pose a current and immediate threat to the
public health, safety, and welfare by allowing potentially incompatible land uses near sensitive
receptors.
B. The City Council further finds that the approval of permits, licenses, or other entitlements by the
City required to comply with a zoning ordinance to establish or operate firearms retailers and/or
shooting ranges during the study period would result in a current and immediate threat to the public
health, safety, or welfare, within the meaning of Government Code section 65858(c), because such
approvals would allow uses that may conflict with zoning amendments under study.
C. The City Council finds that adoption of this Ordinance is exempt from the California Environmental
Quality Act pursuant to CEQA Guidelines section 15061(c)(3), because it can be seen with certainty
that there is no possibility that the ordinance will have a significant effect on the environment.
SECTION 3. INTERIM PROHIBITION ON ESTABLISHMENT, EXPANSION, AND RELOCATION OF
FIREARMS RETAILING AND SHOOTING RANGES USES
A. Notwithstanding any provision of the Dublin Municipal Code to the contrary, the establishment,
expansion, or relocation of firearms retailing and shooting range uses within the City of Dublin are
hereby prohibited during the effective period of this ordinance.
B. For purposes of this Ordinance, “firearm” shall have the same meaning as set forth in California
Penal Code section 16520.
C. This Ordinance is intended as an interim, prohibitory zoning measure to prevent the approval of
firearms retailing and shooting range uses that may conflict with zoning amendments under study
by the City Council.
SECTION 4. INTERIM NATURE OF ORDINANCE
This Ordinance is adopted pursuant to Government Code section 65858 as an interim urgency ordinance
prohibiting the establishment, expansion, or relocation of firearms retailing and shooting ranges uses
during the period in which the City is studying zoning and specific plan amendments related to firearms
retailing and shooting ranges.
SECTION 5. DURATION
This Urgency Ordinance shall take effect immediately upon adoption and shall remain in effect for forty-
five (45) days from the date of adoption, unless extended in accordance with Government Code section
65858.
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SECTION 6. SEVERABILITY
If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid
or unconstitutional, such decision shall not affect the validity of the remaining portions of the Ordinance.
The City Council declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, or phrase thereof irrespective of the fact that any one or more portions may be declared
invalid.
SECTION 7. NON-CONDIFICATION
This Ordinance is an interim urgency ordinance and shall not be codified in the Dublin Municipal Code.
SECTION 8. EFFECTIVE DATE AND ADOPTION
This Ordinance shall take effect immediately upon adoption by a four-fifths vote of the City Council.
SECTION 9. POSTING
The City Clerk of the City of Dublin shall cause this Ordinance to be published and posted in the manner
required by law.
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PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this 20th day of
January, 2026, by the following votes:
AYES: Councilmembers Josey, McCorriston, Morada and Qaadri
NOES:
ABSENT: Mayor Hu
ABSTAIN:
______________________________
Vice Mayor
ATTEST:
______________________________
City Clerk
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