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HomeMy WebLinkAboutReso 26-08 Firearms Retailer and Indoor Shooting Ranges ZTARESOLUTION NO. 26-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO DUBLIN MUNICIPAL CODE CHAPTER 8.08 (DEFINITIONS), CHAPTER 8.30 (DOWNTOWN DUBLIN ZONING DISTRICT), CHAPTER 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS), AND CHAPTER 8.116 (ZONING CLEARANCE), AND THE ADDITION OF CHAPTER 8.39 (FIREARMS RETAILERS AND INDOOR SHOOTING RANGES) (PLPA-004331-2026) WHEREAS, the City occasionally initiates amendments to the Dublin Municipal Code to clarify, add, or amend certain provisions to ensure that it remains current with federal and state law, internally consistent, simple to understand and implement, and relevant to changes occurring in the community; and WHEREAS, the Dublin Municipal Code regulates firearms retailers as retail uses and indoor shooting ranges as Recreational Facility/Indoor uses; and WHEREAS, the City received an inquiry regarding a proposed firearms retailer and indoor shooting range adjacent to a school, which raised questions regarding land use compatibility and the need for objective zoning standards; and WHEREAS, on January 20, 2026, the City Council adopted Urgency Interim Ordinance No. 01-26 establishing a temporary moratorium on the establishment, expansion, and relocation of firearm -related businesses and indoor shooting ranges; and WHEREAS, on March 3, 2026, the City Council adopted Ordinance No. 02-26 extending the moratorium through January 27, 2027, to allow the City to evaluate permanent regulations; and WHEREAS, on September 1, 2026, the City Council received an informational report and provided direction to staff to proceed with a focused land use approach; and WHEREAS, the City has initiated amendments to Dublin Municipal Code Chapter 8.08 (Definitions), Chapter 8.30 (Downtown Dublin Zoning District), Chapter 8.76 (Off -Street Parking and Loading Regulations), and Chapter 8.116 (Zoning Clearance). The proposed amendments also include a new chapter, Dublin Municipal Code Chapter 8.39 (Firearms Retailers and Indoor Shooting Ranges). The proposed amendments (the "Project") would establish development regulations and permitting requirements for firearms retailers and indoor shooting ranges; and WHEREAS, the California Environmental Quality Act ("CEQA"), together with the State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and Reso. No. 26-08, Item 6.1, Adopted 10/27/2026 Page 1 of 3 WHEREAS, the Planning Commission recommends that the City Council find the Project exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because the Project imposes additional location and permitting restrictions on uses that are already allowed and does not authorize any new development, and it can be seen with certainty that there is no possibility that the Project would have a significant effect on the environment and is not subject to CEQA review; and WHEREAS, the Planning Commission held a duly noticed public hearing on October 27, 2026, during which all interested persons were heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, a Staff Report dated October 27, 2026, was submitted to the Dublin Planning Commission recommending approval of the proposed amendments to Dublin Municipal Code Chapter 8.08 (Definitions), Chapter 8.30 (Downtown Dublin Zoning District), Chapter 8.76 (Off - Street Parking and Loading Regulations) and Chapter 8.116 (Zoning Clearance), and the addition of a new chapter, Chapter 8.39 (Firearms Retailers and Indoor Shooting Ranges); and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony set forth above and used its independent judgment to evaluate the recommendations. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council find the Project consistent with the Dublin General Plan and all applicable Specific Plans because the Project retains firearms retailers and indoor shooting ranges as allowed uses in designated commercial and industrial areas while establishing objective standards to address land use compatibility and public health and safety, and the Project does not change any General Plan or Specific Plan land use designation or the development intensity allowed on any property. BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby recommend that the City Council adopt the Ordinance attached hereto as Exhibit A and incorporated herein by reference. {Signatures to follow on next page} Reso. No. 26-08, Item 6.1, Adopted 10/27/2026 Page 2 of 3 PASSED, APPROVED AND ADOPTED this 27th day of October 2026, by the following vote: AYES: Badami, Han, Prasath, Simuro and Wu NOES: ABSENT: ABSTAIN: ATTEST: Signed by: Planning Manager n ."Siged by: uVIA�lw�ltiVb Planning Commission Vice Chair Reso. No. 26-08, Item 6.1, Adopted 10/27/2026 Page 3 of 3 Attachment 2 Exhibit A to Resolution ORDINANCE NO. XX-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENTS TO DUBLIN MUNICIPAL CODE CHAPTER 8.08 (DEFINITIONS), CHAPTER 8.30 (DOWNTOWN DUBLIN ZONING DISTRICT), CHAPTER 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS), AND CHAPTER 8.116 (ZONING CLEARANCE), AND THE ADDITION OF CHAPTER 8.39 (FIREARMS RETAILERS AND INDOOR SHOOTING RANGES) (PLPA-004331-2026) The Dublin City Council does ordain as follows: SECTION 1. RECITALS A. The City occasionally initiates amendments to the Dublin Municipal Code to clarify, add, or amend certain provisions to ensure that it remains current with federal and state law, internally consistent, simple to understand and implement, and relevant to changes occurring in the community. B. The Dublin Municipal Code regulates firearms retailers as retail uses and indoor shooting ranges as Recreational Facility/Indoor uses. C. The City received an inquiry regarding a proposed firearms retailer and indoor shooting range adjacent to a school, which raised questions regarding land use compatibility and the need for objective zoning standards. D. On January 20, 2026, the City Council adopted Urgency Interim Ordinance No. 01-26 establishing a temporary moratorium on the establishment, expansion, and relocation of firearm -related businesses and indoor shooting ranges. E. On March 3, 2026, the City Council adopted Ordinance No. 02-26 extending the moratorium through January 27, 2027, to allow the City to evaluate permanent regulations. F. On September 1, 2026, the City Council received an informational report and provided direction to staff to proceed with a focused land use approach. G. The City Council finds that firearms retailers and indoor shooting ranges located near schools and the other sensitive uses identified in Section 8.39.030 present the following land use compatibility concerns: potential conflicts with the character and intended use of surrounding properties, Ord. No. XX-26, Item X.X, Adopted XX/XX/2026 Page 1 of 9 particularly educational, recreational, and other community -serving environments, and community concerns regarding the proximity of firearm related businesses to locations frequented by children and families. H. The City's land use comparison analysis shows that approximately 758 acres, or approximately 67 percent, of the City's approximately 1,136 acres of commercial and industrial land lie outside the separation areas established by this Ordinance, so that reasonable opportunities remain for firearms retailers and indoor shooting ranges to locate in the City. I. This Ordinance regulates the location and permitting of firearms retailers and indoor shooting ranges. It does not prohibit, and is not intended to prohibit, the sale of firearms or ammunition or the operation of indoor shooting ranges in the City. J. The City initiated amendments to Dublin Municipal Code Chapter 8.08 (Definitions), Chapter 8.30 (Downtown Dublin Zoning District), Chapter 8.76 (Off -Street Parking and Loading Regulations) and Chapter 8.116 (Zoning Clearance). The proposed amendments also include a new chapter, Dublin Municipal Code Chapter 8.39 (Firearms Retailers and Indoor Shooting Ranges). The proposed amendments (the "Project") would establish development regulations and permitting requirements for firearms retailers and indoor shooting ranges. K. The Planning Commission held a duly noticed public hearing on October 27, 2026, during which all interested persons were heard, and adopted Resolution No. recommending that the City Council approve the Project. L. A Staff Report was submitted to the Dublin City Council recommending approval of the Project. M. The City Council held a public hearing on _ , at which time all interested persons had an opportunity to be heard. N. Proper notice of said hearing was given in all respects as required by law. O. The City Council did hear and consider all said reports, recommendations, and testimony set forth above and used its independent judgment to evaluate the Project. SECTION 2. FINDINGS A. Pursuant to Dublin Municipal Code Section 8.120.050.B., the City Council hereby finds that the Project is consistent with the General Plan and applicable Specific Plans because the amendments retain firearms retailers and indoor shooting ranges as allowed uses in designated commercial and industrial areas while establishing objective standards to address land use compatibility and public health and safety. The amendments do not change any General Plan or Specific Plan land use designation or the development intensity allowed on any property. Ord. No. XX-26, Item X.X, Adopted XX/XX/2026 Page 2 of 9 B. The California Environmental Quality Act ("CEQA"), together with the State Guidelines and City of Dublin CEQA Guidelines and Procedures, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The City Council finds that the Project is exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because the Project imposes additional location and permitting restrictions on uses that are already allowed and does not authorize any new development, and it can be seen with certainty that there is no possibility that the Project would have a significant effect on the environment and is not subject to CEQA review. SECTION 3. AMENDMENT TO CHAPTER 8.08 Dublin Municipal Code Section 8.08.020 is amended to add the definitions of Firearms Retailer and Indoor Shooting Range in alphabetical order and to amend the definition of Recreational Facility/Indoor (use type), to read as follows: Firearms Retailer. The term Firearms Retailer shall mean a retail establishment engaged in the business of selling, leasing, or transferring firearms or ammunition, or offering firearms or ammunition for sale or lease. As used in this definition, "firearm" has the meaning given in Penal Code Section 16520, subdivision (a), and "ammunition" has the meaning given in Penal Code Section 16150, subdivision (a). This definition includes a business that facilitates firearm transfers required by state or federal law, regardless of whether the sale or transfer of firearms or ammunition is the primary or accessory activity of the business. Indoor Shooting Range. The term Indoor Shooting Range shall mean a completely enclosed facility designed to offer a controlled firearm shooting environment for individuals wishing to practice, improve upon, or compete as to their shooting skills. Recreational Facility/Indoor (use type). The term Recreational Facility/Indoor shall mean establishments providing amusement, entertainment, or physical fitness services typically occurring indoors for a fee or admission charge, such as, but not limited to: arcades containing coin -operated amusements and/or electronic games (five or more such games or coin -operated amusements in any establishment constitutes an arcade pursuant to this definition, four or less are not considered a land use separate from the primary land use of the site); bowling alleys; laser tag businesses; ice skating and roller skating; art/dance/exercise studio; drama/voice/instrument instructional studio; indoor play center (rock climbing or inflatable party place); Health Club/Fitness Center; martial arts studios; tennis; handball; badminton, racquetball; indoor archery range; indoor shooting range; indoor soccer or hockey facilities; swimming pools; and other indoor sports activities determined to be substantially similar to the above by the Community Development Director. Recreational Facility/Indoor does not include a dance floor. SECTION 4. AMENDMENT TO CHAPTER 8.30 Dublin Municipal Code Section 8.30.020 is amended as follows: Ord. No. XX-26, Item X.X, Adopted XX/XX/2026 Page 3 of 9 The Downtown Dublin Specific Plan, adopted by the City Council on February 1, 2011, by Resolution No. 9-11, and as may be amended thereafter, shall be used to guide the review of site development review applications in the Downtown Dublin Zoning District. The Downtown Dublin Specific Plan contains all information regarding permitted, conditionally permitted, and prohibited uses, development standards, and design guidelines to direct the development and use of properties within the specific plan area, with the exception of the tobacco retail use types, firearms retailers, and indoor shooting ranges. Tobacco and firearms retailers are to be regulated in the same way as in the C-1 and C-2 Zoning Districts. Indoor shooting ranges are to be regulated in the same way as Recreational Facility/Indoor. All new development in the Downtown Dublin Zoning District shall be reviewed for consistency with the Downtown Dublin Specific Plan. SECTION 5. ADDITION OF CHAPTER 8.39 Dublin Municipal Code Chapter 8.39 is added to read as follows: Chapter 8.39 FIREARMS RETAILERS AND INDOOR SHOOTING RANGES 8.39.010 Purpose. The purpose of this Chapter is to establish regulations for the location and operation of firearms retailers and indoor shooting ranges. 8.39.020 Intent. The intent of this Chapter is to ensure that firearms retailers and indoor shooting ranges meet the following objectives: A. Establish a minimum distance that firearms retailers and indoor shooting ranges must maintain from schools, playgrounds, parks, libraries, youth centers, and City -owned and operated recreational facilities. B. Establish development standards and regulations for the siting of firearms retailers and indoor shooting ranges within the City. C. Allow for the safe and appropriate use of the building and/or space in which the firearms retailers and indoor shooting ranges are located. D. Comply with all Building and Fire Code regulations for the use and occupancy type. E. Conform to all provisions of the zoning district in which they are located. 8.39.030 Development Standards and Regulations. Ord. No. XX-26, Item X.X, Adopted XX/XX/2026 Page 4 of 9 Firearms retailers and indoor shooting ranges shall comply with all development standards and regulations for the zoning district in which they are located, any other applicable provisions of the Dublin Municipal Code or regulations, including occupancy, accessibility, California Building Code, and Fire Code requirements, and the following standards and regulations: A. Firearms retailers may be established only in the C-1 and C-2 Zoning Districts and comparable Planned Development (PD) Zoning Districts if not specifically prohibited by the PD regulations and if the project site has an underlying Retail Commercial or General Commercial land use designation, and the Downtown Dublin Zoning District where Retail - General is permitted. Indoor shooting ranges are considered a Recreational Facility/Indoor use type and are permitted in the C-1, C-2, M -P, M-1, and M-2 Zoning Districts, certain PD Zoning Districts that permit Recreational Facility/Indoor uses, and the Downtown Dublin Zoning District where Recreational Facility/Indoor is permitted. A firearms retailer may also be established as an accessory use to an indoor shooting range. A firearms retailer or indoor shooting range located in a PD Zoning District shall be subject to this chapter. B. No firearms retailer or indoor shooting range shall be located within one thousand (1,000) feet, as measured in a straight line from parcel boundary to parcel boundary, of a parcel that, at the time the firearms retailer or indoor shooting range is granted a Zoning Clearance, is occupied by a public or private elementary, middle, junior high or high school. C. No firearms retailer or indoor shooting range shall be located within five hundred (500) feet, as measured in a straight line from parcel boundary to parcel boundary, of a parcel that, at the time the firearms retailer or indoor shooting range is granted a Zoning Clearance, is occupied by a: 1. Playground; 2. Youth center; 3. City owned and City operated recreational facility; 4. Park; or 5. Library. D. Indoor shooting ranges shall include impenetrable walls, floor, and ceiling with adequate ventilation and lighting systems and acoustical treatment for sound attenuation suitable for the shooting range's approved use. 8.39.040 Permitting Procedure. A. Zoning Clearance. A proposed firearms retailer or indoor shooting range shall be approved ministerially with a Zoning Clearance and without discretionary review or a public hearing if it meets the following standards: Ord. No. XX-26, Item X.X, Adopted XX/XX/2026 Page 5 of 9 1. Meets all Development Standards and Regulations under Section 8.39.030, and includes a map demonstrating that the proposed location of the firearms retailer or indoor shooting range is consistent with the minimum distance standards established in Subsections 8.39.030.B and 8.39.030.C. 2. Possession of all licenses and permits required by federal, state, and local law. 3. The hours of operation are no earlier than 6:00 a.m. and no later than 10:00 p.m. 4. Meets the parking requirement for the use type in accordance with the requirements of Section 8.76.080 (Parking Requirements by Use Type) without any adjustments, reductions, or variances. 5. The proposed firearms retailer or indoor shooting range qualifies for an exemption from environmental review under the California Environmental Quality Act (CEQA). A Zoning Clearance form shall document compliance with the above requirements and shall be kept on file in the Community Development Department for the duration of the operation of the firearms retailer or indoor shooting range. The requirements applicable to firearms retailers do not apply to firearm sales or transfers conducted as a home occupation in compliance with Chapter 8.64. B. Required Documentation for Indoor Shooting Ranges. In addition to the requirements in Subsection A, an indoor shooting range shall be subject to the following: 1. A building permit, including documentation prepared by a qualified design professional demonstrating that ventilation, filtration, and related environmental -control systems are designed to comply with applicable federal and state occupational safety and environmental requirements. 2. Documentation prior to final occupancy that the systems were installed and tested in accordance with the approved design. C. Minor Use Permit. A proposed firearms retailer or indoor shooting range that does not meet the parking requirements for approval by Zoning Clearance under Subsection A of this section shall require approval of a Minor Use Permit under Chapter 8.102 (Minor Use Permit). All other requirements of this chapter apply to a project approved under this subsection. 8.39.050 Annual Review for Indoor Shooting Ranges. As part of annual business license renewal for an indoor shooting range, the operator shall provide documentation demonstrating continued compliance with applicable federal and state requirements governing operation of the range. The annual compliance documentation shall be submitted a minimum of 30 days prior to the expiration and annual renewal of the business license. The Building Official may prescribe the form of documentation required and refer suspected violations to the agency having jurisdiction. Continued compliance with Section 8.39.040 (B) is required to maintain a valid business license. SECTION 6. AMENDMENT TO CHAPTER 8.76 Ord. No. XX-26, Item X.X, Adopted XX/XX/2026 Page 6 of 9 Dublin Municipal Code Section 8.76.080.D is amended as follows: COMMERCIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED Recreational Facility/Indoor Indoor Shooting Range 1.5 parking spaces per firing lane, plus parking required separately for each associated use SECTION 7. AMENDMENT TO CHAPTER 8.116 Dublin Municipal Code Section 8.116.020 is amended as follows: O. Firearms Retailers and Indoor Shooting Ranges. Firearms retailers or indoor shooting ranges that meet the standards specified in Chapter 8.39 (Firearms Retailers and Indoor Shooting Ranges). Dublin Municipal Code Section 8.116.030 is amended as follows: O. Firearms Retailers and Indoor Shooting Ranges. If the Zoning Clearance is for firearms retailers or indoor shooting ranges, the Applicant shall submit a "Zoning Clearance for Firearms Retailers and Indoor Shooting Ranges" form along with such information requested on said form. Dublin Municipal Code Section 8.116.040 is amended as follows: O. Firearms Retailers and Indoor Shooting Ranges. All requests for firearms retailers or indoor shooting ranges shall be reviewed for compliance with Chapter 8.39 (Firearms Retailers and Indoor Shooting Ranges). The Zoning Clearance approval for firearms retailers or indoor shooting ranges shall be a completed "Zoning Clearance for Firearms Retailers and Indoor Shooting Ranges" application form and any pertinent attachments as required on the form with the date and signature of the Community Development Director or designee. Dublin Municipal Code Section 8.116.050 is amended as follows: O. Firearms Retailers and Indoor Shooting Ranges. A Zoning Clearance issued for firearms retailers or indoor shooting ranges shall expire when the approved use ceases operation at the approved location. SECTION 8. SEVERABILITY If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase, or portion of it, irrespective of the Ord. No. XX-26, Item X.X, Adopted XX/XX/2026 Page 7 of 9 fact that any one or more of them is declared invalid or unconstitutional. SECTION 9. POSTING OF ORDINANCE The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. SECTION 10. EFFECTIVE DATE This Ordinance shall take effect thirty (30) days following its adoption. {Signatures to follow on next page} Ord. No. XX-26, Item X.X, Adopted XX/XX/2026 Page 8 of 9 PASSED AND ADOPTED BY the City Council of the City of Dublin, on this day of 2026, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Ord. No. XX-26, Item XX, Adopted XX/XX/2026 Page 9 of 9 Attachment 3 Chapter 8.08 DEFINITIONS Chapter 8.08 Definitions (A -Z) Firearms Retailer. The term Firearms Retailer shall mean a retail establishment engaged in the business of selling, leasing, or transferring firearms or ammunition, or offering firearms or ammunition for sale or lease. As used in this definition, "firearm" has the meaning given in Penal Code Section 16520, subdivision (a), and "ammunition" has the meaning given in Penal Code Section 16150, subdivision (a). This definition includes a business that facilitates firearm transfers required by state or federal law, regardless of whether the sale or transfer of firearms or ammunition is the primary or accessory activity of the business. Indoor Shooting Range. The term Indoor Shooting Range shall mean a completely enclosed facility designed to offer a controlled firearm shooting environment for individuals wishing to practice, improve upon, or compete as to their shooting skills. Recreational Facility/Indoor (use type). The term Recreational Facility/Indoor shall mean establishments providing amusement, entertainment, or physical fitness services typically occurring indoors for a fee or admission charge, such as, but not limited to: arcades containing coin -operated amusements and/or electronic games (five or more such games or coin -operated amusements in any establishment constitutes an arcade pursuant to this definition, four or less are not considered a land use separate from the primary land use of the site); bowling alleys; laser tag businesses; ice skating and roller skating; art/dance/exercise studio; drama/voice/instrument instructional studio; indoor play center (rock climbing or inflatable party place); Health Club/Fitness Center; martial arts studios; tennis; handball; badminton, racquetball; indoor archery range; a - n4 shooting rpnges indoor shooting range; indoor soccer or hockey facilities; swimming pools; and other indoor sports activities determined to be substantially similar to the above by the Community Development Director. Recreational Facility/Indoor does not include a dance floor. Chapter 8.30 DOWNTOWN DUBLIN ZONING DISTRICT 8.30.020 Downtown Dublin Specific Plan The Downtown Dublin Specific Plan, adopted by the City Council on February 1, 2011, by Resolution No. 9-11, and as may be amended thereafter, shall be used to guide the review of site development review applications in the Downtown Dublin Zoning District. The Downtown Dublin Specific Plan contains all information regarding permitted, conditionally permitted, and prohibited uses, development standards, and design guidelines to direct the development and use of properties within the specific plan area, with the exception of the tobacco retail use types, firearms retailers, and indoor shooting ranges. Tobacco and firearms retailers are to be regulated in the same way as in the C-1 and C-2 Zoning Districts. Indoor shooting ranges are to be regulated in the same way as Recreational Facility/Indoor. All new development in the Downtown Dublin Zoning District shall be reviewed for consistency with the Downtown Dublin Specific Plan. Chapter 8.39 FIREARMS RETAILERS AND INDOOR SHOOTING RANGES 8.39.010 Purpose. The purpose of this Chapter is to establish regulations for the location and operation of firearms retailers and indoor shooting ranges. 8.39.020 Intent. The intent of this Chapter is to ensure that firearms retailers and indoor shooting ranges meet the following objectives: A. Establish a minimum distance that firearms retailers and indoor shooting ranges must maintain from schools, playgrounds, parks, libraries, youth centers and City -owned and operated recreational facilities. B. Establish development standards and regulations for the siting of firearms retailers and indoor shooting ranges within the City. C. Allow for the safe and appropriate use of the building and/or space in which the firearms retailers and indoor shooting ranges are located. D. Comply with all Building and Fire Code regulations for the use and occupancy tvae. E. Conform to all provisions of the zoning district in which they are located. 8.39.030 Development Standards and Regulations. Firearms retailers and indoor shooting ranges shall comply with all development standards and regulations for the zoning district in which they are located, any other applicable provisions of the Dublin Municipal Code or regulations, including occupancy, 2 accessibility, California Building Code, and Fire Code requirements, and the following standards and regulations: A. Firearms retailers may be established only in the C-1 and C-2 Zoning Districts and comparable Planned Development (PD) Zoning Districts if not specifically prohibited by the PD regulations and if the project site has an underlying Retail Commercial or General Commercial land use designation, and the Downtown Dublin Zoning District where Retail -General is permitted. Indoor shooting ranges are considered a Recreational Facility/Indoor use type and are permitted in the C-1, C-2, M -P, M-1, and M-2 Zoning Districts, certain PD Zoning Districts that permit Recreational Facility/Indoor uses, and the Downtown Dublin Zoning District where Recreational Facility/Indoor is permitted. A firearms retailer may also be established as an accessory use to an indoor shooting range. A firearms retailer or indoor shooting range located in a PD Zoning District shall be subject to this chapter. B. No firearms retailer or indoor shooting range shall be located within one thousand (1,000) feet, as measured in a straight line from parcel boundary to parcel boundary, of a parcel that, at the time the firearms retailer or indoor shooting range is granted a Zoning Clearance, is occupied by a public or private elementary, middle, junior high or high school. C. No firearms retailer or indoor shooting range shall be located within five hundred (500) feet, as measured in a straight line from parcel boundary to parcel boundary, of a parcel that, at the time the firearms retailer or indoor shooting range is granted a Zoning Clearance, is occupied by a: 1. Playground; 2. Youth center; 3. City owned and City operated recreational facility; 4. Park; or 5. Library. D. Indoor shooting ranges shall include impenetrable walls, floor, and ceiling with adequate ventilation and lighting systems and acoustical treatment for sound attenuation suitable for the shooting range's approved use. 8.39.040 Permitting Procedure. 3 A. Zoning Clearance. A proposed firearms retailer or indoor shooting range shall be approved ministerially with a Zoning Clearance and without discretionary review or a public hearing if it meets the following standards: 1. Meets all Development Standards and Regulations under Section 8.39.030, and includes a map demonstrating that the proposed location of the firearms retailer or indoor shooting range is consistent with the minimum distance standards established in Subsections 8.39.030.B and 8.39.030.C. 2. Possession of all licenses and permits required by federal, state, and local law. 3. The hours of operation are no earlier than 6:00 a.m. and no later than 10:00 p.m. 4. Meets the narking reauirement for the use tvae in accordance with the requirements of Section 8.76.080 (Parking Requirements by Use Type) without any adiustments. reductions, or variances. 5. The proposed firearms retailer or indoor shooting range qualifies for an exemption for environmental review under the California Environmental Quality Act (CEQA). A Zoning Clearance form shall document compliance with the above requirements and shall be kept on file in the Community Development Department for the duration of the operation of the firearms retailer or indoor shooting range. The requirements applicable to firearms retailers do not apply to firearm sales or transfers conducted as a home occupation in compliance with Chapter 8.64. B. Reauired Documentation for Indoor Shooting Ranges. In addition to the requirements in Subsection A, an indoor shooting range shall be subject to the following: 1. A building permit, including documentation prepared by a qualified design professional demonstrating that ventilation, filtration, and related environmental - control systems are designed to comply with applicable federal and state occupational safety and environmental requirements. 2. Documentation prior to final occupancy that the systems were installed and tested in accordance with the approved design. C. Minor Use Permit. A proposed firearms retailer or indoor shooting range that does not meet the parking requirements for approval by Zoning Clearance under Subsection A of this section shall require approval of a Minor Use Permit under Chapter 8.102 (Minor 4 Use Permit). All other requirements of this chapter apply to a project approved under this subsection. 8.39.050 Annual Review for Indoor Shooting Ranges. As part of annual business license renewal for an indoor shooting range, the operator shall provide documentation demonstrating continued compliance with applicable federal and state requirements governing operation of the range. The annual compliance documentation shall be submitted a minimum of 30 days prior to the expiration and annual renewal of the business license. The Building Official may prescribe the form of documentation required and refer suspected violations to the agency having jurisdiction. Continued compliance with Section 8.39.040(B) is required to maintain a valid business license. Chapter 8.76 OFF-STREET PARKING AND LOADING REGULATIONS Section 8.76.080 (Parking Requirements by Use Type) D. Commercial Use Types. Commercial Use Types shall provide off-street parking spaces as follows: Recreational Facility/Indoor Indoor Shooting Range 1.5 parking spaces per firing lane, plus parking required separately for each associated use Chapter 8.116 ZONING CLEARANCE 8.116.020 Applications Requiring a Zoning Clearance. O. Firearms Retailers and Indoor Shooting Ranges. Firearms retailers or indoor shooting ranges that meet the standards specified in Chapter 8.39 (Firearms Retailers and Indoor Shooting Ranges). 8.116.030 Application. O. Firearms Retailers and Indoor Shooting Ranges. If the Zoning Clearance is for firearms retailers or indoor shooting ranges, the Applicant shall submit a "Zoning Clearance for Firearms Retailers and Indoor Shooting Ranges" form along with such information requested on said form. 5 8.116.040 Approval. O. Firearms Retailers and Indoor Shooting Ranges. All requests for firearms retailers or indoor shooting ranges shall be reviewed for compliance with Chapter 8.39 (Firearms Retailers and Indoor Shooting Ranges). The Zoning Clearance approval for firearms retailers or indoor shooting ranges shall be a completed "Zoning Clearance for Firearms Retailers and Indoor Shooting Ranges" application form and any pertinent attachments as required on the form with the date and signature of the Community Development Director or designee. 8.116.050 Expiration of Zoning Clearance. O. Firearms Retailers and Indoor Shooting Ranges. A Zoning Clearance issued for firearms retailers or indoor shooting ranges shall expire when the approved use ceases operation at the approved location. M