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Home My WebLink About2022-06-21 Ordinance 5559 0160079_20220627_ay16 1 Ordinance No. 5559 Ordinance of the Council of the City of Palo Alto Adopting a Requirement that Firearms Retail Service Uses Obtain a Conditional Use Permit The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: A. Firearm injuries have a significant adverse impact on public health and safety nationally, in the State of California, and locally. B. Each year more than twenty-three thousand (23,000) United States residents die by firearm suicide, fourteen thousand (14,000) die by firearm homicide, and nearly five hundred (500) die from unintentional firearm injuries. In California, between 2005 and 2015, nearly four thousand (4,000) children and teenagers were killed or injured with firearms, and five hundred thirty-three (533) children and teenagers committed suicide with firearms, according to data from the Center for Disease Control and Prevention. Between 2010 and 2014 in Santa Clara County, thirty-one percent (31%) of emergency department visits and sixteen percent (16%) of hospitalizations from firearm injuries were due to unintentional shootings. C. Between 2002 and 2015, over 350,000 firearms were sold in Santa Clara County. Total gun sales have increased nationally since then. In 2020, the number of firearm sales across the United States exceeded the previous year by nearly 64%. D. Access to firearms has a significant impact on public peace, health and safety. A 2014 review in the Annals of Internal Medicine suggests that access to firearms within the home doubles the risk that family members will become a victim of homicide, and triples the risk of suicide. A study in the New England Journal of Medicine in 2020 found that handgun ownership is associated with eight (8) times greater likelihood for firearm suicide among men, and thirty-five (35) times greater likelihood of firearm suicide among women. E. Firearm retailers provide a valuable service to individuals who wish to legally purchase and possess firearms. At the same time, a firearm retailer increases access to firearms around their retail location. DocuSign Envelope ID: 9C1EAC7D-2F97-4215-B552-40E8FEC2589B 0160079_20220627_ay16 2 F. Because increased access to firearms is associated with great risk to public peace, health and safety, the City should carefully consider the impacts of any firearm retail use. Requiring a firearm retailer to acquire a Conditional Use Permit, as defined in Section 18.17.010 of the Palo Alto Municipal Code (Conditional Use Permit), would allow the City to analyze the possible effect a firearm retail use may have on public facilities or surrounding uses. G. The City Council declares that this emergency ordinance is necessary as an emergency measure to preserve the public peace, health and safety in order to ensure that the City can thoroughly evaluate the effect that a new firearm retail service land use would have on the public peace, health or safety in surrounding areas. H. Through this Ordinance, the City Council desires to require entities wishing to provide firearm retail services in the City of Palo Alto to obtain a Conditional Use Permit. SECTION 2. City Manager Authorization The City Manager or his or her designee(s) may promulgate guidelines and implement regulations regarding permits described in this Ordinance as long as such regulations do not conflict with this Ordinance or the Palo Alto Municipal Code. SECTION 3. Conditional Use Permits for Firearm Retail Service Uses A. In addition to a Firearms Dealer permit pursuant to Chapter 4.57 of the Palo Alto Municipal Code (Firearms Dealers), a Conditional Use Permit (CUP) is required for the establishment or modification of any firearm retail service use in the City of Palo Alto. Proposals to change the nature of a use to include firearm retail service shall be subject to issuance of a CUP. B. Section 18.76.010 (Conditional Use Permit (CUP)) and Chapter 18.77 (Processing of Permits and Approvals) shall govern the application process for CUPs sought pursuant to this Ordinance. SECTION 4. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the DocuSign Envelope ID: 9C1EAC7D-2F97-4215-B552-40E8FEC2589B 0160079_20220627_ay16 3 fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 5. The Council finds that this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. SECTION 6. This ordinance shall be effective immediately upon adoption by a four-fifths vote of the City Council and shall expire on the 45th day after its adoption unless extended by the City Council. SECTION 7. This Ordinance shall not be codified. INTRODUCED AND PASSED: June 21, 2022 AYES: BURT, CORMACK, DUBOIS, FILSETH, KOU, STONE, TANAKA NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Attorney City Manager ____________________________ Director of Planning and Development Services DocuSign Envelope ID: 9C1EAC7D-2F97-4215-B552-40E8FEC2589B Certificate Of Completion Envelope Id: 9C1EAC7D2F974215B55240E8FEC2589B Status: Completed Subject: Please DocuSign: ORD 5559 Ordinance Adopting a Requirement that Firearms Retail Service Uses Ob... Source Envelope: Document Pages: 3 Signatures: 5 Envelope Originator: Certificate Pages: 2 Initials: 0 Mahealani Ah Yun AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 Mahealani.AhYun@CityofPaloAlto.org IP Address: 199.33.32.254 Record Tracking Status: Original 6/27/2022 4:09:02 PM Holder: Mahealani Ah Yun Mahealani.AhYun@CityofPaloAlto.org Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign Signer Events Signature Timestamp Albert Yang albert.yang@cityofpaloalto.org Assistant City Attorney City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 97.126.55.59 Sent: 6/27/2022 4:10:15 PM Viewed: 6/27/2022 4:39:16 PM Signed: 6/27/2022 4:39:29 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jonathan Lait jonathan.lait@cityofpaloalto.org Interim Director Planning and Community Environment City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 99.88.42.180 Sent: 6/27/2022 4:39:31 PM Viewed: 6/28/2022 10:22:13 AM Signed: 6/28/2022 10:22:21 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Ed Shikada ed.shikada@cityofpaloalto.org Ed Shikada, City Manager City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 6/28/2022 10:22:22 AM Viewed: 6/30/2022 7:34:29 AM Signed: 6/30/2022 7:34:34 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Patrick Burt pat@patburt.org Mr Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 78.94.182.93 Sent: 6/30/2022 7:34:35 AM Viewed: 6/30/2022 11:57:39 PM Signed: 6/30/2022 11:57:51 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Lesley Milton Lesley.Milton@CityofPaloAlto.org City Clerk Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 174.195.202.146 Signed using mobile Sent: 6/30/2022 11:57:53 PM Viewed: 7/7/2022 12:12:08 PM Signed: 7/7/2022 12:12:16 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/27/2022 4:10:15 PM Certified Delivered Security Checked 7/7/2022 12:12:08 PM Signing Complete Security Checked 7/7/2022 12:12:16 PM Completed Security Checked 7/7/2022 12:12:16 PM Payment Events Status Timestamps