HomeMy WebLinkAbout2000-09-18 Ordinance 4655ORDINANCE NO. 4655
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO ADDING SECTION 1.04.072 TO THE PALO ALTO
MUNICIPAL CODE REGARDING EXPEDITED JUDICIAL
REVIEW OF ACTIONS OR PROCEEDINGS RELATED TO
LICENSES OR
EXPRESSIVE
PERMITS FOR ACTIVITIES
CONDUCT PROTECTED UNDER
AMENDMENT
INVOLVING
THE FIRST
The Council of the City of Palo Al to does ORDAIN as
lows:
SECTION 1. The City Council finds and declares as
llows:
A. In two recent decisions, the NinthCi Court of
Appeals has ruled that ordinances governing activities related
to expressive conduct protected under the First Amendment of the
Constitution weie constitutionally invalid if they did not
provide for prompt decision for approval or denial of licenses
or permits under the ordinance, or provide expedited
I review of those decisions. Baby Tam & Co. Inc. v. City
Las Vegas (9 th Cir. 1998) 154 F.3d 1097 (Baby Tam 1), and Baby
Tam v. and Co. Inc. v. City of Las Vegas (9th r. 2000)
____ F. 3d (Baby Tam II).
B. On July I, 1999, Section 1094.8 was added to the
California Code of Civil Procedure as urgency legis ion in
response to Baby Tam I. Section 1094.8 establishes cert
procedural. requirements designed to ensure that an action or
proceeding to review the issuance, revocation, suspension or
denial of a permit for expressive conduct protected under· the
First Amendment will be afforded expedited judicial review.
C. Section 1094.8 provides, in part, that a public
agency may, if it chooses, designate the permits or entitlements
to which section applies, by adopting an ordinance
containing a specific listing or description of the permits or
ent which are eligible for expedited j udiclal review
pursuant to the section.
SECTION 2. Chapter 1.04.072 of the Palo Alto Municipal
Code is hereby added to read as follows:
"1.04.072 Expedited Judicial Review
Pursuant to California Code of Civil Procedure §
1094.8(c), and any successor statute or
regulation, the permits and entitlements listed
001002 sdl 0052512 1
in this section are designated expedited
judi 1 review pursuant to the procedure set
forth in California Code of Civil Procedure §
1094.8, or any successor statute or regulation.
(a) The permits and entitlements
which are regulated by the Palo Al to Municipal
Code and subject to expedited review pursuant t6
his section include the following:
(I) Applications an adult
entertainment establishment 1
chapter 4.55.
e pursuant to
(2) Applications a news rack
permit pursuant to chapter 9.79.
(3) Applications sign permits
pursuant to chapter 16.20.
parks
22.04.
( 4)
or open
Applications
space lands
permits
pursuant to
(5) Any other provisions
to use
chapter
Code designated by the city council by
or resolution as being subject to
judi al review.
of this
ordinance
expedited
(b) Unless otherwise defined with
respect to a specific permit or entitlement,
"application" shall mean the submission of a
complete set of all required forms, plans, and
other documents required for review of the
request for a permit or other entitlement, as
well as full payment all required fees as
specified in this code.
(c) Notwithstanding any other
provision of this Code, any discretionary
requirements imposed as conditions of approval
of any application subject to this section,
shall be deemed to be conditions subsequent and
not conditions precedent to fulfilling the
requirements for approval. Nothing contained in
this section shall be construed to prohibit the
city from imposing reasonable conditions in
connection with the issuance of any permit or
entitlement subject to this section, for the
2
purpose of protecting the health, safety and
welfare of the citizens of Palo Alto, provided
that such conditions are imposed as conditions
subsequent.
(d) Nothing contained in this
section shall be construed to waive or excuse
any requirement that a use or acti vi ty subj ect
to this section comply with applicable
locational and zoning requirements."
SECTION 3. EXEMPTION FROM CEQA. TDe City Council finds
that this project is exempt from the provisions of the
Environmental Quality Act (" CEQA") because it can be seen with
certainty that there is no possibility that this proj ect will
have a significant adverse effect on the environment.
SECTION 4. This ordinance shall be effective on the
thirty-first day after the date of its adoption.
INTRODUCED: July 31, 2000
PASSED: September 18, 200
AYES: BEECHAM, BURCH, EAKINS,
LYTLE, MOSSAR, OJAKIAN
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:
~~.~ City Clerk
3
FAZZINO, KLEINBERG, KNISS,
APPROVED:
City Manager
THIS DOCUMF..NT IS CI:RTIFIED TO BE AN
ORDINANce DUlV PASSED BV THE COUNCIL
OF: 1'Hf: <~liY OF PALO AI.. TO AND
THrni:;'i1:R POSTED N r E COUNCIL CH,~l"?:,:ns ON f) ()O (WITHIN 15
DA't'~J m iTS PASSA E)
'" certify (or de,c!!lrs) under penalty
of perjury that the foregoing is true
and correct."
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