San Carlos adopting new gun store rules

Buffers between gun retailers and schools, places of worship and parks and commercial recreation and a permit issued by the city’s chief of police ensuring new gun retailer sand shooting ranges meet specific safety requirements were among the regulations garnering unanimous support from councilmembers Monday. Rules prohibiting the possession of a firearm at public gatherings and requiring gun owners who store their firearms at home to put them in a locked container or place a trigger lock on them were among the regulations garnering unanimous support from councilmembers Monday. Councilman Adam Rak was absent from the meeting.

Though Vice Mayor Ron Collins said he was never opposed to new gun stores in the city, he noted the widespread community concern stemming from the Southern California-based plans to open a store in a San Carlos shopping center where REI, Office Depot and Road Runner Sports operate. Though he acknowledged some residents may have preferred a ban on new gun stores, Collins was confident the set of rules officials voted for Monday would go a long way in addressing the majority of the concerns aired during dozens of community discussions.

“We didn’t have any rules in place and we had a lot of people who were really concerned about that,” he said. “I wanted to make sure we had something that was very strong.”

Though the store Turner’s Outdoorsman planned to open in the city was permitted by the city’s zoning at the time, a new gun store moratorium imposed by city officials in November of 2017 and extended through May of 2019 ultimately ended the Southern California-based retailer’s plans to open a store in the city. City Attorney Greg Rubens previously confirmed an initial effort on behalf of the retailer to challenge the city in court was not carried out, time-barring the company from filing a lawsuit in state court.

Officials previously discussed the legal challenges that could arise if the city were to cap the number of gun stores at two, which would include Imbert & Smithers, a gun store operating at 1144 El Camino Real, and Equity Arms, a private seller that works by appointment only at 1100 Industrial Road. Peter Pierce, who was hired by the city as special legal counsel from the law firm Richards, Watson & Gershon, has said establishing a cap of two gun stores in San Carlos is an untested legal approach, while making changes to a jurisdiction’s zoning code has been one way of regulating the stores that has been upheld by the Ninth Circuit Court of Appeals.

In response to Councilwoman Sara McDowell’s question about how officials would spread the word about the new safe storage rules to those who might own guns in the city, Mark Duri, captain of the San Carlos Bureau of the San Mateo County Sheriff’s Office, said his office may be able to secure grant funding in support of distribution of free trigger locks. He added postcard notices and website postings would also help spread the word about the new ordinance.

Councilwoman Laura Parmer-Lohan asked how quickly the permits of retailers found to be in violation of the rules would be revoked. Pierce said deputies can revoke the permit of those found to be in violation of the law, and a business would have 10 days to request an appeal of the revocation. He explained a hearing would have to be held within 30 days and a decision on the appeal issued within 14 days after the hearing.

Duri also confirmed with Mayor Mark Olbert that the safe storage rules would be enforced as deputies encounter or observe violations and that they would not proactively check San Carlos homes to ensure guns are stored in a locked container or with a trigger lock.

Acknowledging the role of the council is to ensure the safety of San Carlos residents, Parmer-Lohan said she felt the regulations the council voted for Monday marked a step in the right direction. She also acknowledged the set of rules fell short of the ban on new gun stores many residents advocated for and said she shares the community’s desire to end gun violence.

“My hope is that this is one step of many actions we could take as a community and that surrounding communities can take,” she said. “It really truly is an epidemic and it’s … something I know it’s not easy to solve.”

In other business, the council also authorized a three-year contract with Good City Company to provide support services for the city’s Community Development Department in an amount not to exceed $390,000 annually and a total contract amount not to exceed $1,950,000.

Co-owned by Aaron Aknin, former Redwood City assistant city manager, and Lisa Costa Sanders, a contract city planner, Good City Company was formerly named Neal Martin & Associates and is expected to support the department’s efforts in processing development applications, managing major projects and facilitating key development initiatives, according a staff report. Charged with processing planning applications, advanced planning projects, business retention efforts and managing the city’s below-market-rate housing program, the department’s six full-time staff members are currently unable to respond to the department’s workload, which is driven by demand for development, according to the report.

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