City Council

2. CONSIDERATION OF AN URGENCY INTERIM ZONING ORDINANCE PROHIBITING\nTHE ESTABLISHMENT OF NEW FIREARM SALES BUSINESSES; FIRST READING\nOF AN ORDINANCE REQUIRING SAFE STORAGE OF FIREARMS; AND FIRST\nREADING OF AN ORDINANCE PROHIBITING THE CARRYING OF FIREARMS ON\nPUBLICLY OWNED PROPERTY AND DETERMINE THAT THESE ACTIONS ARE\nEXEMPT FROM CEQA – F2M23-7, O2M23-4818, O2M23-4819, O2M23-4820\nAt the September 11, 2023 City Council meeting, Vice Mayor Sasha Renée Pérez\nrequested that a suite of ordinances recently adopted by the City of Monterey Park be\npresented to the City Council for consideration. The Council concurred in agendizing\nthose items for Council consideration. One of the ordinances, a buffer zone ordinance,\nwould require a public hearing before the Planning Commission prior to consideration by\nthe City Council. In light of the delay that presents for adoption, the Council requested an\ninterim urgency ordinance be brought forward for Council’s consideration to potentially go\ninto effect pending the preparation of and hearings on a buffer zone ordinance. Monterey\nPark adopted an ordinance that would prohibit the sales of firearms within certain areas\nof the city—those within 1000 feet of sensitive receptors (residences, schools, community\nresource centers). In those areas where firearm sales are allowed, a conditional use\npermit is required in order to ensure that the sale activity does not have negative impacts\non surrounding uses. Staff intends to study a similar ordinance for Alhambra, which will\nultimately require a public hearing before the Planning Commission and City Council.\nGovernment Code Section 65858 allows for the adoption as an urgency measure of\ninterim zoning regulations that prohibit certain uses while those are being studied for\nadditional regulation. A 4/5 vote of the Council is required to adopt this interim ordinance,\nwhich will last for a period of 45 days. In order to extend the moratorium, a public hearing\nmust be held, at which time the Council can extend the term of the ordinance.\nAdditionally, staff has drafted a safe storage ordinance and an ordinance prohibiting\nfirearms on City property for Council consideration. The safe storage ordinance would add\na new section 9.92.050 to the Alhambra Municipal Code entitled “Safe Storage.” The\nproposed ordinance requires any person in a residence within the City to store firearms in\na locked container or disable them with an appropriate safety device in the home. Keeping\na firearm locked when it is not being carried prevents unauthorized users, including\nchildren, from accessing and using firearms which can reduce unintentional discharges,\nfirearm theft, and suicide. The proposed ordinance regarding prohibiting guns on City\nproperty would prohibit (with exceptions for law enforcement personnel) the possession\nof loaded firearms on any City-owned property. That would include, without limitation,\npersons carrying concealed weapons in accordance with valid permits.\nFinally, the City reviewed the environmental impacts of these three Ordinances under the\nCalifornia Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”)\nand the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq.,\nthe “CEQA Guidelines”). These Ordinances are not subject to further review\nenvironmental review because: (1) they will not result in a direct or reasonably foreseeable\nindirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2); (2) there\nis no possibility that the Ordinances themselves may have a significant effect on the\nenvironment (14 Cal. Code Regs. § 15061(b)(3)); and (3) the Ordinances, by themselves,\ndo not constitute a “project” as defined in the CEQA Guidelines (14 Cal. Code Regs. §\n15378). The Ordinances are for general policies and procedure-making. It can be seen\nwith certainty that there is no possibility that these Ordinances may have a significant\neffect on the environment.\nRecommended Action: City Council consider the following:\n1. Adoption by a 4/5 vote of Ordinance No. O2M23-4818 entitled: AN URGENCY\nORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALHAMBRA, CALIFORNIA,\nENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858,\nADOPTING AN INTERIM ZONING ORDINANCE TEMPORARILY PROHIBITING\nTHE ESTABLISHMENT OF NEW FIREARM SALES BUSINESSES IN THE CITY\n2. Introducing for first reading Ordinance No. O2M23-4819 entitled: AN ORDINANCE\nOF THE CITY COUNCIL OF THE CITY OF ALHAMBRA, CALIFORNIA, ADDING\nSECTION 9.92.050 “SAFE STORAGE” TO THE ALHAMBRA MUNICIPAL CODE TO\nREQUIRE THE SAFE STORAGE OF FIREARMS; and,\n3. Introducing for first reading Ordinance No O2M23-4820 entitled: AN ORDINANCE OF\nTHE CITY COUNCIL OF THE CITY OF ALHAMBRA, CALIFORNIA, ADDING\nCHAPTER 13.18 “FIREARMS PROHIBITED ON PUBLIC PROPERTY” TO THE\nALHAMBRA MUNICIPAL CODE