HomeMy WebLinkAboutItem 6.1 Extension Adopted Urgency Interim Ord 01-26 Prohibiting Establishment, Expansion, or Relocation of Firearms Retailing and Firearms Shooting Range Uses (PLPA-004331-2026)
STAFF REPORT
CITY COUNCIL
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Agenda Item 6.1
DATE: March 3, 2026
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT:
Extension of Adopted Urgency Interim Ordinance 01-26 Prohibiting the
Establishment, Expansion, or Relocation of Firearms Retailing and
Firearms Shooting Range Uses (PLPA-004331-2026)
Prepared by: Jennifer Byous, Planning Manager
EXECUTIVE SUMMARY:
The City Council will consider the first extension of Urgency Interim Ordinance No. 01-26,
adopted on January 20, 2026, which prohibited the establishment, expansion, or relocation of
firearms retailing and firearms shooting range uses for an initial 45-day period within the City.
The ordinance was adopted pursuant to California Government Code Section 65858 to allow
the City time to complete a comprehensive review of land use and regulatory frameworks
governing such uses and to protect the public health, safety, and welfare during that review
period. A four-fifths (4/5) vote of the City Council, following a public hearing, is required to
extend the Urgency Interim Ordinance.
STAFF RECOMMENDATION:
Waive the reading and adopt the Ordinance 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 Firearms Shooting Range Uses W ithin the City.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Background
In January 2026, the City Council adopted Urgency Interim Ordinance No. 01-26 which
imposed a citywide moratorium on establishment, expansion, or relocation of firearms retailing
and firearms shooting range uses for an initial 45-day period. During this interim period, no
new firearms retailing or firearms shooting range uses, expansions, or relocations could be
approved. The ordinance was adopted to ensure that potentially incompatible uses would not
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be allowed by right or permitted while the City completes a comprehensive review of land use
and regulatory frameworks governing such uses.
Analysis
Pursuant to 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 permit s. The adopted Urgency
Interim Ordinance provided the City with an opportunity to pause the existing review and
approval process for these uses to evaluate whether such uses should be further regulated
through additional zoning standards or requirements. Since the adoption of the Urgency
Interim Ordinance, Staff has begun the process of gathering relevant data and taken the
following steps:
Researched best practices and zoning regulations instituted by other California
cities, including discussions with other City staff regarding zoning regulations and
standards for firearm retail uses and indoor shooting ranges.
Analyzed potential buffers around sensitive uses and firearm retailers to identify their
proximity to such uses.
Began working with the Building and Safety Division, Dublin Police Services, and the
City Attorney’s Office on permitting requirements.
Given the complexity of the issue and the various land use and regulatory frameworks
governing firearm retail uses and indoor shooting ranges , Staff needs additional time to
complete its review and develop policy recommendations. Therefore, Staff requests that the
City Council extend the Urgency Interim Ordinance for an additional ten months and fifteen
days, until January 21, 2027, as permitted by California Government Code Section 65858(a),
to provide sufficient time to complete the necessary research, present findings, receive City
Council direction, and implement that direction.
In accordance with Government Code section 65858(d), the City has prepared and issued a
written report describing the measures taken to alleviate the conditions that led to adoption of
the interim ordinance. That report was made publicly available on February 24, 2026, more
than ten days prior to expiration of the interim ordinance and is incorporated herein by
reference.
Staff will continue to prioritize this issue in an effort to bring this back to the City Council as
soon as possible.
ENVIRONMENTAL REVIEW:
Adoption of the attached ordinance is exempt from the California Environmental Quality Act
(CEQA) pursuant to CEQA Guidelines section 15061(b)(3), because it can be seen with
certainty that there is no possibility that the activity may have a significant adverse impact on
the environment.
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STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a public notice was published in the East Bay Times and posted
at several locations throughout the City. The City Council agenda was posted in accordance
with applicable noticing requirements.
ATTACHMENTS:
1) Ordinance 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
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Page 1 of 4
Attachment 1
Ord. No. XX-26, Item X.X, Adopted XX/XX/2026
ORDINANCE NO. XX-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 Ordinan ce 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 c onflict with a contemplated zoning proposal,
including zoning amendments under study, in order to protect the public health, safety, and
welfare, and 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
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Page 2 of 4 Ord. No. XX-26, Item X.X, Adopted XX/XX/2026
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 urgenc y 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 mea sure 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
during the period in which the City is studying zoning amendments related to firearms dealerships.
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Page 3 of 4 Ord. No. XX-26, Item X.X, Adopted XX/XX/2026
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.
{Signatures on the following page}
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Page 4 of 4 Ord. No. XX-26, Item X.X, Adopted XX/XX/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:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
______________________________
City Clerk
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Extension of Adopted Urgency
Interim Ordinance Prohibiting the
Establishment, Expansion, or
Relocation of Firearms Retailing and
Shooting Range Uses
City Council
March 3, 2026
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Background
•On January 20, 2026, the City Council adopted Urgency Interim Ordinance No.
01-26, establishing a 45-day citywide moratorium on firearms retailing and
indoor shooting range uses.
•The urgency ordinance provides time for the City to evaluate whether additional
land use regulations or zoning standards are needed.
•Under current zoning regulations:
•Firearms sales are permitted by right in commercial zoning districts.
•Indoor shooting ranges require either a Zoning Clearance or Minor Use Permit.
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Review Status and Report
•Conducted research on best practices and zoning regulations used by other
California cities related to firearm retailers and indoor shooting ranges.
•Coordinated internally with Building and Safety, Dublin Police Services, and the
City Attorney’s Office regarding potential permitting and operational standards.
•Analyzed potential buffer requirements between firearm retailers and sensitive
uses.
•Pursuant to Government Code Section 65858(d), the City prepared and
released a report on February 24, 2026 describing measures taken to address
the conditions that led to adoption of the interim ordinance.
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Proposed Extension Interim Ordinance
•Due to the complexity of firearm land use regulation and policy considerations,
additional time is needed to complete review and develop recommendations.
•Staff recommends extending the interim ordinance for an additional ten months
and fifteen days.
•Adoption of the extension requires a four-fifths vote of the City Council.
•If approved, the ordinance would remain in effect through January 21, 2027.
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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 the Ordinance 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 Firearms Shooting Range Uses Within the City.
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