HomeMy WebLinkAboutStaff Report 2305-1571 City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: June 5, 2023
Report #:2305-1571
TITLE
SECOND READING: Amendment to Palo Alto Municipal Code Title 18 Chapter 18.42, Standards
for Special Uses, to Codify Firearms Sales Limitations Ordinance; CEQA status—exempt under
CEQA Guidelines section 15061(c)(3) (FIRST READING: May 22, 2023 PASSED 7-0)
BACKGROUND
This was heard by the City Council on May 22, 2023 for a first reading and was approved 7-0. No
changes were made to the ordinance; it is now before you for a second reading.
ATTACHMENTS
Attachment A: Ordinance Firearms CUP Recommended by PTC
APPROVED BY:
Mahealani Ah Yun
Item 12
Item 12 Staff Report
Item 12: Staff Report Pg. 1 Packet Pg. 122 of 406
*NOT YET APPROVED*
0160105_20230511_ay16 1
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Chapter 18.42 (Standards
for Special Uses) to Require a Conditional Use Permit for Firearms Dealers
The Council of the City of Palo Alto does ORDAIN 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. On August 1, 2022 the City Council adopted Ordinance No. 5560, extending
Ordinance No. 5559 for a period of 10 months and 15 days.
C. The conditions that gave rise to the need for Ordinance No. 5559 still exist and
the City Council now wishes to adopt a permanent ordinance to amend the zoning code in
accordance with section 18.80.080 of the Palo Alto Municipal Code.
SECTION 2. Section 18.42.210 (Firearms Dealers) is added to Chapter 18.42
(Standards for Special Uses) of Title 18 (Zoning) of the Palo Alto Municipal Code as follows:
18.42.210 Firearms Dealers
(a) Purpose
The purpose of this section is to protect the public health, safety, and welfare by
imposing reasonable land use regulations on the sale of firearms within the city.
(b) Definitions
In addition to the definitions in section 18.04.030 of this code, the definitions in section
4.57.010 of the Palo Alto Municipal Code, as may be amended from time to time, shall
apply to this section, unless the context indicates otherwise.
(c) Conditional Use Permit Required in Tandem with Firearms Dealer Permit
A conditional use permit shall be required to operate a firearms dealer business in any
district where such use is permitted. This requirement shall apply in addition to the
Item 12
Attachment A - Ordinance
Firearms CUP
Recommended by PTC
Item 12: Staff Report Pg. 2 Packet Pg. 123 of 406
*NOT YET APPROVED*
0160105_20230511_ay16 2
requirement for a firearms dealer permit issued by the chief of police in accordance
with Chapter 4.57 (Firearms Dealers).
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 on the thirty first (31st) day following
its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning and
Developmental Services
____________________________
Director of Administrative Services
Item 12
Attachment A - Ordinance
Firearms CUP
Recommended by PTC
Item 12: Staff Report Pg. 3 Packet Pg. 124 of 406