Alhambra
City Council
Agenda Item 2
2. CONSIDER ADOPTION OF AN URGENCY INTERIM ZONING ORDINANCE\nEXTENDING ORDINANCE NO. O2M23-4818, THE PROHIBITION ON THE\nESTABLISHMENT OF NEW FIREARM SALES BUSINESSES AND DETERMINE THIS\nACTION IS EXEMPT FROM CEQA – F2M23-7, N2M23-124, O2M23-4818, O2M23-4821\nThis is the time and place set by Notice No. N2M23-124 for the City Council to hold a\npublic hearing to consider adoption of an urgency interim zoning ordinance extending\nOrdinance No. O2M23-4818, the prohibition on the establishment of new firearm sales\nbusinesses. At the September 25, 2023 City Council meeting, the City Council adopted\nOrdinance No. O2M23-4818 imposing a 45-day moratorium on the establishment of new\nretail firearm sales businesses in the City. The reasoning behind and need for such\nordinance is set forth in the September 25, 2023 staff report and ordinance. Staff requires\nadditional time to study the “buffer” ordinance that Monterey Park adopted and evaluate\nits suitability for the City of Alhambra, then prepare a recommendation to the Planning\nCommission, and ultimately the City Council. California Government Code section 65858\nallows for the adoption of interim zoning regulations, including moratorium ordinances, on\nan urgency basis to preserve the health, safety and welfare of the residents of Alhambra\nby maintaining the status quo while research and analysis is undertaken to develop\nappropriate regulations to discuss these concerns. An initial ordinance can be adopted to\nlast 45 days. Thereafter, the ordinance can be extended, if needed, for a period of ten\nmonths and 15 days. This ordinance would extend the current ordinance to and through\nSeptember 24, 2024. If permanent regulations are adopted prior to the expiration of the\nextended moratorium, it can be repealed at that time.\nThe City reviewed the environmental impacts of this extension Ordinance under the\nCalifornia Environmental Quality Act (Public Resources Code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”). This Ordinances is not subject to further review environmental\nreview because: (1) it will not result in a direct or reasonably foreseeable indirect physical\nchange in the environment (14 Cal. Code Regs. § 15060(c)(2); (2) there is no possibility\nthat the Ordinance itself may have a significant effect on the environment (14 Cal. Code\nRegs. § 15061(b)(3)); and (3) the Ordinance, by itself, does not constitute a “project” as\ndefined in the CEQA Guidelines (14 Cal. Code Regs. § 15378). The Ordinance is for\ngeneral policies and procedure-making.\nRecommended Action: City Council:\n1. Conduct a public hearing; and,\n2. Consider adopting by a 4/5 vote:\nOrdinance No. O2M23-4821: An Urgency Ordinance of the City\nCouncil of the City of Alhambra, California, enacted pursuant to\nCalifornia Government Code Section 65858, extending Ordinance No.\nO2M23-4818, an interim zoning ordinance temporarily prohibiting the\nestablishment of new firearm sales businesses in the City\n3\n10-23-23\nPRESENTATIONS