Agenda - Planning Commission - 08/04/2016

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Zoning Bulletin June 25, 2016 1 Volume 10 1 Issue 12 The Ninth Circuit has jurisdiction over Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Oregon and Washington. NINTH CIRCUIT (CALIFORNIA) (05/16/16)—This case ad- dressed the issue of whether the Second Amendment to the United States Constitution "places any limits" on the regulation of the com- mercial sale of firearms. The Background/Facts: John Teixeira, Steve Nobriga, and Gary Gamaza (collectively, "Teixeira") sought to open a retail business that would: offer firearm training, provide gun -smith services, and sell fire- arms, ammunition, and gun -related equipment. The three men formed a partnership named "Valley Guns && Ammo " They sought to estab- lish their business in,Alameda County, California. In unincorporated Alameda County (the "County"), those in the "firearms sales business" must obtain a Conditional Use Permit. The County Code (the "Ordi- nance") provided that in order to obtain such a Conditional Use Permit, an applicant must prove that it: "(1) possesses the requisite state and federal licenses[;] (2) will store firearms and ammunition lawfully[;] and (3) the proposed location of the business is not within five hundred feet of a &[r]esidentially zoned district; elementary, middle or high school; pre-school or day care center; other firearms sales business; or liquor stores or establishments in which liquor is. served.' " Teixeira chose a property that was 500 feet door-to-door away from any disqualifying property, and "began conducting preparations to ensure that the property would comply with myriad state and federal regulations." The County Planning Department determined, however, that measurements from disqualifying properties had to be from the closest building exterior wall rather than door-to-door. The Planning Department concluded that Teixeira's proposed site was within 500 feet of a residential property and therefore failed to qualify for a Conditional Use Permit. The Planning Department concluded that Teixeira would need a variance, but recommended against approving a variance. The West County Board of Zoning Adjustment (the "BZA") voted, however, to grant Teixeira a variance from the 500-foot rule and issue a Conditional Use Permit. Opponents of the proposed gun shop, the San Lorenzo Village Homes Association (the "Opponents"), chal- lenged the BZA's decision. The County Board of Supervisors (the "Board") voted to sustain the appeal, thus revoking Teixeira's Condi- tional Use Permit and variance. Teixeira appealed. Among other things, Teixeira contended that the Ordinance (and specifically it is 500-foot rule) was impeiruissible under the Second Amendment. The Second Amendment states that "[a] well regulated Militia, be- ing necessary to the security of a free State, the right of the people to ©2016 Thomson Reuters 3