HomeMy WebLinkAbout2000-09-18 Ordinance 4656follows:
ORDINANCE NO. 4656
ORDINANCE OF THE CITY OF PALO ALTO AMENDING
SECTION 9.79.040 OF THE PALO ALTO MUNICIPAL
CODE RELATING TO NEWSRACK PERMITS
The Council of the City of Palo Alto does ORDAIN as
The City Council finds that it is the
intention 0 Council that any applicant for a newsrack
permit shall have the right to have the application considered
and to receive the City's decision on the granting of the permit
wi thin a speci ed period of time. The Council further finds
that the existing provisions for obtaining a permit contain an
ambiguity that should be clarified to ensure a decision in a
specified period of time.
SECTION 2. Section 9.79.040 of the Palo Alto Municipal
Code is hereby amenqed to read as follows:
9.79.040 Obtaining a Permit.
(a) Exclusi ve Requirements. The provisions of this
chapter shall be the exclusive requirements for newsrack
encroachments onto public property in the City.
(b) Application. Applications for a news rack permit
for one or more newsracks shall be made to the City Engineer on
a form prescribed by the City Engineer, which shall include,
without limitation:
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(1) The name, street and mailing address, and
telephone number of the applicant, which
shall be the duly authorized representative
of both the publisher and, if applicable,
any independent distributor authorized to
service the publisher's newsrack for wh
the permit is sought;
(2) The name, street and mailing address and
telephone number of the distributor or other
responsible person whom the City may notify
or contact at any time concerning the
applicant's newsrack(s);
(3 ) The number
description
(including
1
of proposed newsracks and a
of the exact proposed location
a map or site plan, drawn to
· scale, with adequate
to verify conformance
the proposed means of
news rack;
locational information
with this chapter) and
affixing each proposed
(4) A description of each proposed newsrack,
including its dimensions, the number of
publication spaces it will contain, and
whether it contains a coin-operated
mechanism;
(5) The name and frequency of publication of
each publication proposed to be contained in
each newsrack;
(6) A statement signed by the applicant that the
applicant agrees to indemnify, defend and
hold harmless, the City and its
representatives from all claims, demands,
loss, fines or liability to the extent
arising out of or in ~connection with the
installation, use Qr maintenance of any
news rack on public property by or on behalf
of any such person, except such injury or
harm as may be caused solely and exclusively
by the negligence of the City or its
authorized representatives; and
(7) A statement signed by the applicant that the
applicant agrees, upon removal of a
news rack, to repair any damage to the public
property caused by the newsrack or its
removal.
(c) Issuance of Permit. A permit shall be issued
within ten (10) working days from the date of filing the
application with the City Engineer if the application is
properly completed and the type of news rack and location
proposed for each news rack meet the standards set forth in this
chapter. A single permit shall be issued for all news racks
applied for by an applicant which meet the standards of this
chapter. A permit shall not be transferable.
(d) Period of Permit Validity. All permits issued
wi thin three (3) years from the effective date of this section
shall expire on the date three (3) years from the effective date
of this section, regardless of the date of issuance. All
permi ts issued wi thin the second and succeeding three (3) year
periods shall, likewise, expire at the end of such three (3)
year period.
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(e) Issuance of Permit Sticker. Each permittee shall
be issued a pre-printed sticker for each permitted newsrack,
which shall be affixed to the lower right corner of the front
each newsrack.
(f) Denial of Permit. If a news rack permit is
disapproved, in whole or in part, the City Engineer shall noti
the applicant within ten (10) working days from the date of
ling a complete application with the City Engineer, explaining
the reasons for the denial of the permit. The applicant shall
have ten (10) calendar days within which to appeal the decision
to the City Manager in accordance with the appeal provisions set
forth in subsection (g) of this section.
(g) Appeal of Permit Denial. After receiving a
notice of appeal, the City Manager or the designee of the City
Manager shall conduct a hearing within thirty (30) days of the
receipt of the applicant's appeal, unless otherwise agreed to by
the applicant. Wri tten not the time and place of the
hearing shall be given to the applicant, and shall be posted in
the official posting locations of the City. The hearing shall
be informal, but oral and written evidence may be given by both
sides. The City Manager or designee shall render a written
decision within fteen (15) days after the date of the hearing.
The decision of the City Manager shall be final.
(h) Amendment to Permit. In the event of a change in
any of the information contained in the application, the
permittee shall submit such change in writing to the City
Engineer. A permittee may install and maintain additional
newsracks by an amendment to the permit. The rules and
procedures of this section shall also apply to the review and
approval of any such amendment.
SECTION 3. This is not a proj ect under the California
Environmenta Quality Act ("CEQA").
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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, 2000
AYES: BEECHAM, BURCH, EAKINS, FAZZINO, KLEINBERG, KNISS,
LYTLE, MOSSAR, OJAKIAN
NOES:
ABSTENTIONS:
ABSENT:
ATTEST: &~'i'~~ City Clerk
APPROVED AS TO FORM:
THIS DOCUMENT IS CERTIFIED TO BE AN
OFlOIf'JANCE DULY PASSED BY THE COUNCIL
or: THf' CITY OF PALO ALTO AND
~~~\',' . :;::~i~):1G210UNCIL (WITHIN 15
DtWD lTS PASSi\GE)
"I {or declare) under penalty
of perllJiY the! the foregoing is true
and correct"
LJudPl2!tdu ~
Date & Place
000712 cl 0032366a
Works
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