HomeMy WebLinkAboutOrd 02-26 Item 6.1 Extending Urgency Interim Ordinance 01-26 of the City Council of the City of DublPage 1 of 4 Ord. No. 02-26, Item 6.1, Adopted 03/03/2026
ORDINANCE NO. 02-26
EXTENDING URGENCY INTERIM ORDINANCE 01-26 OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
PROHIBITING THE ESTABLISHMENT, EXPANSION, OR RELOCATION OF FIREARMS
RETAILING AND SHOOTING RANGE USES WITHIN THE CITY
(PLPA-004331-2026)
The Dublin City Council does ordain as follows:
SECTION 1. RECITALS
A. The City Council of the City of Dublin previously found 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 continues to consider and study zoning amendments that would regulate the
approval, siting, or operation of firearms retailers and firearms shooting ranges in order to address
land use compatibility concerns and protect the public health, safety, and welfare; and
C. The City Council previously found that firearms retailers and firearms 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 previously found that interim regulation is necessary to prevent the approval of
firearms retailers and firearms 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 and firearms shooting ranges are considered
Retail and Recreation Facility uses and, in some zoning districts, may be permitted by right, subject
to compliance with applicable regulations and permits; and
F. The City Council 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 Zoning Ordinance to address
the siting and regulation of firearms retailers and firearms shooting ranges, including whether such
uses should be further regulated through additional zoning standards or requirements; and
H. The City Council previously found that, during the period in which such zoning amendments are
being considered and studied, the approval of firearms retailers and firearms 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
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further authorizes the city council, following notice pursuant to Government Code section 65090
and a public hearing, to extend such an interim ordinance by a four-fifths vote upon finding that a
current and immediate threat to the public health, safety, or welfare continues to exist; 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 firearms 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 firearms 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
firearms 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. EXTENSION OF INTERIM PROHIBITION ON ESTABLISHMENT, EXPANSION, AND
RELOCATION OF FIREARMS RETAILING AND FIREARMS SHOOTING RANGE USES
A. Notwithstanding any provision of the Dublin Municipal Code to the contrary, the prohibition on
establishment, expansion, or relocation of firearms retailing and firearms shooting range uses
within the City of Dublin is hereby extended for an additional period of ten (10) months and fifteen
(15) days from the date the interim urgency ordinance would otherwise expire.
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 firearms 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 extension of the interim
urgency ordinance prohibiting the establishment, expansion, or relocation of firearms dealership uses
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during the period in which the City is studying zoning amendments related to firearms dealerships.
SECTION 5. DURATION
This urgency ordinance shall take effect immediately upon adoption and shall remain in effect for ten (10)
months and fifteen (15) days from the date the interim urgency ordinance would otherwise expire, unless
extended in accordance 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 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-CODIFICATION
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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Page 4 of 4 Ord. No. 02-26, Item 6.1, Adopted 03/03/2026
PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this 3rd
day of March, 2026, by the following votes:
AYES: Councilmembers Josey, McCorriston, Qaadri and Mayor Hu
NOES:
ABSENT: Councilmember Morada
ABSTAIN:
_____________________________
Mayor
ATTEST:
______________________________
City Clerk
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