HomeMy WebLinkAboutStaff Report 14567
City of Palo Alto (ID # 14567)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 8/1/2022
City of Palo Alto Page 1
Summary Title: Firearms Dealership Emergency Ordinance Extension
Title: Adoption of a Interim Urgency Ordinance Extension Requiring a
Conditional Use Permit to Establish a Firearms Dealer Retail Use.
Environmental Assessment: Exempt under CEQA Guidelines 15061(c)(3).
From: City Manager
Lead Department: Planning and Development Services
Recommendation:
Staff recommends that Council adopt the attached ordinance extending for ten months and
fifteen days a temporary emergency ordinance requiring a conditional use permit to establish a
firearms dealership.
Background:
The City Council adopted a 45-day emergency ordinance requiring a conditional use permit to
establish a firearms dealership in Palo Alto on June 21, 2022. The attached ordinance will
extend this timeframe for ten months and fifteen days. During the interim period, staff will
prepare an ordinance modifying the zoning code to require a conditional use permit for all
firearm dealerships where allowed citywide. This direction is consistent with land use
regulations in other communities and reflects the Council interest to require discretionary
review of firearms dealerships.
Staff anticipates sending an updated firearms dealership ordinance to the Planning and
Transportation Commission within the next several months and will return to Council
thereafter. The extension provides sufficient time for this staff work.
Additional background information is available in the prior Council report available online:
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-
minutes/city-council-agendas-minutes/2022/20220621/20220621pccsm-amended-
second.pdf#page=6.
City of Palo Alto Page 2
Resource Impact:
There are no significant resource impacts associated with this action.
Timeline:
If adopted, the temporary emergency ordinance extension will be effective for an additional ten
months and 15 days beyond the initial 45 day ordinance (this would be June 20, 2023).
Environmental Review:
Adoption of the attached ordinance is exempt from the California Environmental Quality Act
(CEQA) pursuant to CEQA Guidelines section 15061(c)(3), because it can be seen with certainty
that there is no possibility of a significant adverse impact on the environment.
Attachments:
Attachment A Ordinance Extending Interim Urgency Ordinance 5559 Requiring Firearms
Retail Service Uses Obtain a Conditional Use Permit (PDF)
*NOT YET APPROVED*
0160082_20220712_ay16 1
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Extending Interim Urgency
Ordinance 5559, Requiring 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. On June 21, 2022, the City Council adopted Ordinance No. 5559 on an
interim, urgency basis. Ordinance No. 5559 was adopted pursuant to Palo Alto
Municipal Code Section 2.04.270 based on the need to protect the public safety, health,
and welfare, as set forth in the findings and declarations of that ordinance. Ordinance
No. 5559 was also adopted in compliance with Government Code Section 65858, to the
extent that section was applicable, as an interim urgency measure to address a current
and immediate threat to the public health, safety, or welfare, for the reasons forth in
the findings and declarations in that ordinance.
B. The City Council now wishes to extend Ordinance No. 5559 for a period
of 10 months and 15 days.
C. City staff have received inquiries regarding the establishment of new
firearms retail uses in the City. The establishment of a firearms retailer without review
through a Condition Use Permit process presents a current and immediate threat to the
public health, safety, or welfare.
D. The conditions that gave rise to the need for Ordinance No. 5559 still
exist and City staff have begun exploration of a permanent ordinance.
E. This ordinance will not have a material impact on the development of
projects with a significant component of multifamily housing.
F. The findings adopted in Ordinance No. 5559 are incorporated herein by
reference and reaffirmed.
SECTION 2. Ordinance No. 5559 is hereby extended for a period of 10 months
and 15 days. The ordinance will therefore expire on June 20, 2023. This ordinance supersedes
any provision of Ordinance No. 5559 inconsistent with this Ordinance.
*NOT YET APPROVED*
0160082_20220712_ay16 2
SECTION 3. 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
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid.
SECTION 4. 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 5. This extension ordinance shall take effect immediately upon
expiration of Ordinance No. 5559 and shall be in effect for an additional period of 10 months
and 15 days following the expiration of Ordinance No. 5559, until June 20, 2023.
SECTION 6. This Ordinance shall not be codified.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning and
Development Services