HomeMy WebLinkAboutItem 3.1 Urgency Interim Ordinance Prohibiting the Establishment, Expansion, Relocation PLPA-004331- 2026
STAFF REPORT
CITY COUNCIL
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Agenda Item 3.1
DATE: January 20, 2026
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT:
Urgency Interim Ordinance Prohibiting the Establishment, Expansion, or
Relocation of Firearms Retailing and Shooting Range Uses (PLPA-004331-
2026)
Prepared by: Amy Million, Community Development Director
EXECUTIVE SUMMARY:
The City Council will consider adopting an urgency interim ordinance prohibiting the
establishment, expansion, or relocation of firearms retailing and shooting range uses within the
City.
STAFF RECOMMENDATION:
Waive the reading and adopt an Urgency Interim Ordinance Prohibiting the Establishment,
Expansion, or Relocation of Firearms Retailing and Shooting Range Uses.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Background
Under the Dublin Municipal Code, firearms retailers and shooting ranges are generally allowed
in commercial districts. Firearms retail uses are classified as Retail uses within the City and
are currently permitted by right in zoning districts where retail uses are allowed. Similarly,
shooting range uses are classified as Recreational Facility (Indoor) or Recreational Facility
(Outdoor) and are allowed in commercial and industrial zones with either a Zoning Clearance
or a Minor Use Permit for indoor facilities and a conditional use permit for outdoor facilities.
The determination on whether a Zoning Clearance or Minor Use Permit is required is based on
the proposed operation compliance with development standards such as hours of operation
and parking.
Staff is bringing this policy discussion forward in response to a recent inquiry received at the
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public planning counter regarding the establishm ent of a firearms dealership with an indoor
shooting range adjacent to a planned school under construction in Downtown Dublin. Retail
uses are primarily concentrated along the Dublin Boulevard corridor. Federal and state law
prohibit the possession of firearms within 1,000 feet of a school. While those state and federal
laws do not prohibit such facilities within 1,000 feet of a school, the inquiry nonetheless raised
questions about whether the City’s existing regulatory framework needed further study, and it
led to Staff’s recommendation.
Analysis
The proposed urgency interim ordinance establishes a citywide moratorium on the
establishment of new firearms retail sales and indoor shooting ranges. During the interim
period, no new firearms dealerships or shooting ranges, expansions, or relocations will be
approved. This ensures that potentially incompatible uses are not allowed by right or permitted
while the City completes a comprehensive review of land use and regulatory frameworks
governing such uses.
Approval of an urgency interim ordinance requires a four -fifths vote of the City
Councilmembers present. Given the recent public inquiry to locate such a facility in the City,
Staff believes timely action is warranted. If adopted, the ordinance would initially be effective
for 45 days and could be extended to allow Staff time to prepare and implement necessary
amendments to the Municipal Code. During the 45-day period, Staff will study the issue in
more detail and then return to the City Council seeking policy direction and likely an extension
of the interim ordinance.
ENVIRONMENTAL REVIEW:
Adoption of the attached ordinance is exempt from the California Environmental Quality Act
(CEQA) pursuant to CEQA Guidelines section 15061(c)(3), because it can be seen with
certainty that there is no possibility of a significant adverse impact on the environment.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council agenda was posted in accordance with applicable noticing requirements.
ATTACHMENTS:
1) Urgency Interim Ordinance Prohibiting the Establishment, Expansion, or Relocation of
Firearms Retailing and Shooting Range Uses
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Attachment 1
ORDINANCE NO. XX - 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, lib raries,
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
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Ord. No. XX-26, Item X.X, Adopted XX/XX/2026 Page 2 of 4
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
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
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Ord. No. XX-26, Item X.X, Adopted XX/XX/2026 Page 3 of 4
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 accorda nce with
Government Code section 65858.
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 remaini ng
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.
{Signatures on the following page}
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Ord. No. XX-26, Item X.X, Adopted XX/XX/2026 Page 4 of 4
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:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
______________________________
City Clerk
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Urgency Interim Ordinance
Prohibiting the Establishment,
Expansion, or Relocation of
Firearms Retailing and Shooting
Range Uses
City Council
January 20, 2026
15
Background
•Retail firearms sales are permitted by right in commercial zoning
districts; indoor shooting ranges may be approved with a Zoning
Clearance or Minor Use Permit, while outdoor ranges require a
Conditional Use Permit.
•A recent inquiry proposed a firearms dealership with an indoor shooting
range adjacent to a school under construction in Downtown Dublin.
•Although state and federal law restrict firearm possession within 1,000
feet of schools, they do not prohibit such facilities, prompting Staff to
review the City’s regulations.
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Proposed Urgency Interim Ordinance
•Staff recommends adoption of an urgency interim ordinance
establishing a citywide moratorium on new firearms retail
sales, indoor shooting ranges, and related expansions or
relocations.
•The moratorium would prevent new approvals while the City
conducts a comprehensive regulatory review.
•Adoption requires a four-fifths vote of the City Council and
would be effective for 45 days, with potential extensions.
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Environmental Review
•Exempt per CEQA Guidelines section 15061(c)(3)
•No possibility of a significant adverse impact on the environment
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Recommendation
•Waive the reading and Adopt an
Prohibiting the Establishment, Expansion, or Relocation of Firearms
Retailing and Shooting Range Uses
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