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Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Adopting Chapter 9.75 (Fair Chance in Housing) to Limit the Use of Criminal History Information in Rental Housing Decisions
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. The City of Palo Alto is making significant efforts to address homelessness and promote fair access to housing.
B. On November 29, 2021, City Council directed staff to study or implement a package of rental protection policies to add more certainty, stability, and fairness in the Palo Alto rental market for both renters and landlords. This direction included the evaluation of a potential Fair Chance Housing Ordinance including any consequences, both intended and unintended.
C. On April 15, 2024, City Council adopted the City’s 2023-2031 Housing Element, including Program 6.6: Fair Housing. Program 6.6 directs the pursuit of renter protections, including a proposed Fair Chance Housing Ordinance.
1 D. On October 10, 2024, the Human Relations Commission held a public hearing on Fair Chance Housing policy considerations, components, and approach options regarding the use of criminal history information in rental housing decisions and recommended support of City Council consideration of a draft Ordinance for Palo Alto.
E. State law currently includes some restrictions on the use of criminal history in decisions about rental housing. However, local jurisdictions may adopt Fair Chance Housing policies that are more protective than existing State requirements, including by further restricting the criminal history information a landlord and/or housing provider may consider, as long as these local regulations do not conflict with State or Federal law.2
F. According to the last published Santa Clara County Point in Time Count from 2023, 9,903 persons were unhoused in Santa Clara County, including 206 people in Palo Alto. 3 G. As of 2018, an estimated eight million Californians, or nearly one in five Californians, were living with a past criminal conviction.
4 1 City of Palo Alto 2023-2031 Housing Element, Accessed March 18, 2025:
https://paloaltohousingelement.com/wp-content/uploads/2024/08/Palo-Alto-Housing-Element.pdf. 2 See 2 CCR § 12271.
3 Santa Clara County 2023 PIT Report, Accessed March 18, 2025:
https://public.tableau.com/views/PIT2023v2/Exec?:showVizHome=no&embed=true&. 4 Californians for Safety and Justice, Repairing the Road to Redemption in California, May 2018, Accessed March 17, 2025: https://safeandjust.org/interactivereport/repairing-the-road-to-redemption-in- california/#:~:text=1%20in%205%20Californians%20(an,with%20an%20old%20criminal%20conviction ; https://safeandjust.org/wp-content/uploads/CSJ_SecondChances-ONLINE-May14.pdf. *NOT YET APPROVED*
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H. Persons with a criminal history face barriers to securing stable housing. Persons with criminal history are significantly more likely to be unhoused than the general public.5 6 7 I. Commercially available criminal history databases used for renter screening often include inaccurate or incomplete information.
8 J. Research has shown that the risk of recidivism tends to decline over time.9 A recent analysis of Californians released from prison in fiscal year 2018-19 showed that a majority of the cohort had no convictions within three years of their release from prison, and that most convictions occurred during the first and second year of the three- year follow-up period.
10 K. Studies of participants in supportive housing programs suggest that criminal history is not predictive of problematic tenancy.
11, 12 Conversely, housing stability is associated
with a reduced risk of recidivism for persons with criminal history.13, 14
5 Center for American Progress, Strengthening Access to Housing for People With Criminal Records Is Key to Successful Reentry, April 17, 2024, Accessed March 12, 2025:
https://www.americanprogress.org/article/strengthening-access-to-housing-for-people-with-criminal-records-is- key-to-successful-reentry/.
6 California Health Policy Strategies, LLC, Criminal Justice System Involvement and Mental Illness among Unsheltered Homeless in California, November 2018, Accessed March 12, 2025: https://calhps.com/wp- content/uploads/2023/03/policy-brief-unsheltered-homelessness-11.20.2018.pdf. 7 Prison Policy Initiative, Nowhere to Go: Homelessness among formerly incarcerated people; August 2018, Accessed March 12, 2025: https://www.prisonpolicy.org/reports/housing.html . 8 Sarah Lageson and Robert Stewart, Criminology, The Problem with Criminal Records : Discrepancies between State Reports and Private-Sector Background Checks, February 11, 2024, Accessed March 18, 2025:
https://onlinelibrary.wiley.com/doi/10.1111/1745-9125.12359; https://nij.ojp.gov/library/publications/problemcriminal-records-discrepancies-between-state-reports-and-private.
Funding was provided by the U.S. Department of Justice, Office of Justice Programs, National Institute of Justice, under Award 2017-IJ-CX-0036.
9 Federal Register, Reducing Barriers to HUD-Assisted Housing A Proposed Rule by the Housing and Urban Development Department, April 10, 2023, Accessed March 11, 2025:
https://www.federalregister.gov/documents/2024/04/10/2024-06218/reducing-barriers-to-hud-assisted-housing .
10 California Department of Corrections and Rehabilitation, Division of Correctional Policy Research and Internal Oversight, Office of Research, Recidivism Report for Individuals Released from the California Department of Corrections and Rehabilitation in Fiscal Year 2018-19, February 2024, Accessed March 10, 2025:
https://www.cdcr.ca.gov/research/wp-content/uploads/sites/174/2024/02/Statewide-Recidivism-Report-for- Individuals-Released-in-Fiscal-Year-2018-19.pdf.
11 Ehman and Reosti,"Tenant Screening in an Era of Mass Incarceration: A Criminal Record is No Crystal Ball", N. Y.
U. Journal of Legislation and Public Policy Quorum, 19, March 2015, Accessed March 19, 2025:
https://nyujlpp.org/wp-content/uploads/2013/03/Ehman-Reosti-2015-nyujlpp-quorum-1.pdf. 12 Malone, Psychiatric Services, Assessing Criminal History as a Predictor of Future Housing Success for Homeless Adults With Behavioral Health Disorders, 2009 Feb;60(2):224-30. doi: 10.1176/ps.2009.60.2.224, Accessed March 19, 2025:
https://psychiatryonline.org/doi/epdf/10.1176/ps.2009.60.2.224. 13 Jacobs LA, Gottlieb A. THE EFFECT OF HOUSING CIRCUMSTANCES ON RECIDIVISM: Evidence From a Sample of People on Probation in San Francisco. Crim Justice Behav. 2020 Sep;47(9):1097- 1115. doi:
10.1177/0093854820942285. Epub 2020 Aug 6. PMID: 34629568; PMCID: PMC8496894. Published Online August 6, 2020, Accessed March 12, 2025: https://pmc.ncbi.nlm.nih.gov/articles/PMC8496894/ . 14 Ehman and Reosti,"Tenant Screening in an Era of Mass Incarceration: A Criminal Record is No Crystal Ball", N. Y.
U. Journal of Legislation and Public Policy Quorum, March 2015, Accessed March 19, 2025:
https://roominate.com/blogg/fair_chance_housing/crystal_ball.pdf . *NOT YET APPROVED*
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L. Structural barriers to accessing stable housing for persons with a history of criminal convictions are detrimental to the health, welfare, and public safety of the City’s residents.
M. Limiting the use of criminal history information in rental housing decisions will give previously incarcerated persons and other persons with a history of criminal convictions a fair opportunity to compete for rental housing, thus putting them in a better position to reintegrate into the community, obtain gainful employment, and access health and other services.
15 SECTION 2. Chapter 9.75 (Fair Chance in Housing) of Title 9 (Public Peace, Morals and Safety) is hereby adopted as follows:
9.75.010 Purpose.
The purpose of this Chapter is to reduce the potential for discrimination on the basis of criminal history in rental housing decisions. The City desires to limit the use of criminal history information in decisions regarding rental housing in order to give previously incarcerated persons or other persons with criminal convictions a fair opportunity to compete for rental housing, thus putting them in a better position to reintegrate into the community, obtain gainful employment, and access health and other services. Such housing opportunities should also reduce the incidence of homelessness for persons with a criminal history and reduce the risk of recidivism through housing stability . Further, the findings and declarations set forth in the adopted form of this Ordinance are incorporated into this Chapter as if fully set forth herein. This Ordinance is intended to be at least as protective as state law, as amended from time to time. Where this Ordinance differs from state law, the provision more protective of renter rights shall prevail to the extent allowed by law.
9.75.020 Definitions.
For the purpose of this chapter only, the following terms are defined as follows:
(a) "Adverse Action" means an action related to the rental of a Residential Rental Unit that has negative effect, including but not limited to the following actions:
(1) Failing or refusing to rent or lease housing to a person; (2) Failing or refusing to continue to rent or lease housing to a person; (3) Reducing the amount or term of any person’s subsidy for housing; (4) Treating an Applicant or Renter differently from other Applicants or Renters, including but not limited to requiring higher security deposit or rent, or not
15 Center for American Progress, Strengthening Access to Housing for People With Criminal Records Is Key to Successful Reentry, April 17, 2023, Accessed March 12, 2025:
https://www.americanprogress.org/article/strengthening-access-to-housing-for-people-with-criminal-records-is- key-to-successful-reentry/.
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accepting certain sources of income or rent payment, such as vouchers or third- party checks;
(5) Treating a person as ineligible for a renter-based rental assistance program; or (6) Failing to permit a Renter’s Close Family Member to occupy a rental unit while the occupying Renter remains in occupancy.
(b) "Aggrieved Person" means any person who believes they have been injured by a housing practice prohibited under this Chapter. This definition could include, but is not limited to, an Applicant or Renter who believes they were subject to an Adverse Action based on their own Criminal History; or a Renter who seeks to have another person reside in the renter’s Residential Rental Unit (to replace an existing Renter, to add a new Renter, or sublet to a subtenant) when the Landlord takes Adverse Action based on the prospective new Renter’s Criminal History.
(c) "Applicant" means a person who seeks information about, visits, or applies to rent or lease a Residential Rental Unit; who applies for a renter-based rental assistance program; who seeks to be added as a household member to an existing lease for a Residential Rental Unit; or, with respect to any Criminal History that occurred prior to the beginning of the person’s tenancy, who currently rents or has a lease for a Residential Rental Unit.
(d) "Arrest" means a record from any jurisdiction that does not result in a Conviction and includes information indicating that a person has been questioned, apprehended, taken into custody or detained, or held for investigation by a law enforcement, police, or prosecutorial agency and/or charged with, indicted, or tried and acquitted for any felony, misdemeanor, or other criminal offense.
(e) "Background Check Report" means any report regarding an Applicant’s Criminal History, including but not limited to those produced by the California Department of Justice, the Federal Bureau of Investigation, other law enforcement agencies, courts, or any consumer reporting or Renter screening agency.
(f) "Close Family Member" means a spouse, registered domestic partner, child, sibling, parent, grandparent, or grandchild.
(g) "Conviction" means a record from any jurisdiction that includes information indicating that a person has been convicted of a felony or misdemeanor or other criminal offense and for which the person was placed on probation, fined, imprisoned, and/or paroled. (h) "Criminal History" means information transmitted orally or in writing or by any other means, and obtained from any source, including but not limited to the person to whom the information pertains, a government agency, or a Background Check Report, regarding one or more Convictions or Arrests.
(i) “Directly Related Conviction” means a criminal conviction whose underlying conduct has a direct and specific negative bearing on a substantial, legitimate, and nondiscriminatory purpose of the landlord, such as protecting the safety of other residents, the landlord’s employees, or the property. In determining whether a Conviction is directly related to the Landlord’s purpose, the Landlord shall consider whether the housing offers the opportunity for the same or similar offense to occur, whether circumstances leading to *NOT YET APPROVED*
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the conduct for which the person was convicted will recur in the housing, and whether supportive services that might reduce the likelihood of a recurrence of such conduct are available on-site. Those matters identified in section 9.75.060 may not qualify as Directly Related Convictions.
(j) “Evidence of Rehabilitation or Other Mitigating Factors” means credible information about the individual that suggests that the individual is not likely to pose a demonstrable risk to the achievement of the Landlord’s identified interest. Credible information is information that a reasonable person would believe is true based on the source and content of the information. Mitigating information includes:
(1) Whether the individual was a minor or young adult at the time of the conduct upon which the criminal conviction is based;
(2) The amount of time that has passed since the date of conviction; (3) Evidence that the individual has maintained a good tenant history before and/or after the conviction;
(4) Evidence of rehabilitation efforts, including a person's satisfactory compliance with all terms and conditions of parole and/or probation; successful completion of parole, probation, mandatory supervision, or Post Release Community Supervision; a Certificate of Rehabilitation under Penal Code section 4852.01; or other conduct demonstrating rehabilitation, such as maintenance of steady employment;
(5) Whether the conduct arose from the individual's status as a survivor of domestic violence, sexual assault, dating violence, stalking, or comparable offenses against the individual;
(6) Whether the conduct arose from untreated substance abuse or mental illness; (7) Whether the conduct arose from the individual's disability, or any risks related to such conduct, which could be sufficiently mitigated or eliminated by a reasonable accommodation; or
(8) Other relevant facts or circumstances surrounding the criminal conduct and/or conduct after the conviction.
(k) "Landlord" means the owner or property manager exercising effective control over the terms and conditions of the tenancy of a residential rental unit, including a person with such control delegated through a durable power of attorney. (l) “Inquire” means any direct or indirect conduct intended to gather information from or about an Applicant, or a potential Applicant or candidate, using any mode of communication, including, but not limited to, application forms, interviews, and Background Check Reports.
(m) "Renter" means a person or entity entitled by written or oral agreement to occupy a residential rental unit to the exclusion of others.
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(n) “Residential Rental Unit” means any housing structure occupied as a dwelling or offered for rent or lease as a dwelling, whether attached, detached, single- or multiple-family.
The term "Residential Rental Unit" shall not include an attached bedroom of a landlord- occupied dwelling where the landlord and renter(s) share living facilities.
9.75.030 Applicability.
This Chapter applies to any Residential Rental Unit in the City of Palo Alto, except:
(a) Single-family dwellings, including those with accessory dwelling units, where either the main or an accessory dwelling unit is occupied by one or more Landlords as their principal residence;
(b) Duplexes or triplexes where one of the units is occupied by one or more Landlords as their principal residence; and
(c) Renter-occupied units where an occupying Renter seeks to replace an existing co- Renter, add an additional co-Renter, or sublet the unit, provided that the occupying Renter remains in occupancy.
9.75.040 Prohibition.
A Landlord may not take adverse action against an Applicant or a Renter based on Criminal History except as allowed by this Chapter.
9.75.050 Conditional Offer Required.
Except when State or Federal law requires otherwise, a Landlord shall not inquire about or require an Applicant to disclose any Criminal History until the Landlord:
(a) Has determined the Applicant is qualified to rent the Residential Rental Unit under all of the Landlord's criteria not related to Criminal History; and (b) Has provided to the Applicant a conditional lease agreement that commits the unit to the Applicant as long as the Applicant passes the Criminal History review.
9.75.060 Basis for Adverse Action.
Except as provided in section 9.75.080, a Landlord shall not base an Adverse Action against an Applicant or a Renter in whole or in part:
(a) On any arrest that has not resulted in a criminal conviction, or based on information indicating that an individual has been questioned, apprehended, taken into custody or detained, or held for investigation by a law enforcement, police, military, or prosecutorial agency;
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(b) On referral to, participation in or completion of a diversion or a deferral of judgment program;
(c) On a Conviction that has been sealed, dismissed, vacated, expunged, voided, invalidated, or otherwise rendered inoperative by judicial action or by statute (for example, under California Penal Code Sections 1203.1 or 1203.4) or by executive pardon, or for which a certificate of rehabilitation has been granted pursuant to Penal Code section 4852.01 et seq.;
(d) On a Conviction or any other determination or adjudication in the juvenile justice system, or information regarding a matter considered in or processed through the juvenile justice system;
(e) On a misdemeanor Conviction that is more than two years old, calculated from the date of sentencing;
(f) On a felony Conviction that is more than two years old, calculated from the date of sentencing; or
(g) On information pertaining to an offense or violation other than a felony or misdemeanor, such as an infraction.
9.75.070 Procedures for use of criminal history information.
(a) If a Landlord chooses to Inquire about or require Renters or Applicants to disclose Criminal History as part of a screening or other process relating to a Residential Rental Unit, the Landlord must first:
(1) Inform the Applicant or a Renter in advance that the Landlord will check for certain types of Criminal History;
(2) Offer the Applicant or a Renter a reasonable opportunity to present evidence of inaccuracy or Evidence of Rehabilitation or Other Mitigating Factors; and (3) Request and obtain written consent to check their Criminal History, or if the Applicant or Renter objects, provides the Applicant the opportunity to withdraw their application. If an Applicant or a Renter does not object within three (3) calendar days, the applicant will be deemed to have consented. (b) In reviewing an Applicant or Renter's Criminal History and making a decision related to eligible housing based on such history, a Landlord shall conduct an individualized assessment, considering only:
(1) Directly Related Convictions, as defined in Section 9.75.020 of this Code; (2) Time that has elapsed since the Conviction; and
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(3) Any evidence of inaccuracy or Evidence of Rehabilitation or Other Mitigating Factors presented by the Applicant or Renter.
(c) If a Landlord intends to base an Adverse Action related to eligible housing on an item or items in the Applicant or Renter’s Criminal History, prior to taking any Adverse Action the Landlord shall (1) provide the Applicant or Renter with a copy of the Background Check Report, and (2) shall notify the Applicant or Renter of the prospective Adverse Action, the specific items forming the basis for the prospective Adverse Action, and the Applicant or Renter’s right to present evidence of inaccuracy or Evidence of Rehabilitation or Other Mitigating Factors.
(d) If, within seven calendar days of the date that the notice described in Subsection (c) of this section is provided by the Landlord to the Applicant or Renter, the Applicant or Renter gives the Landlord notice in writing of:
(1) Evidence of the inaccuracy of the item or items of Criminal History, (2) Evidence of Rehabilitation or Other Mitigating Factors set forth in this section, or (3) A request for additional time to respond,
the Landlord shall delay any Adverse Action for a reasonable period of time that is not less than seven calendar days after receipt of the information. During that time the Landlord shall reconsider the prospective Adverse Action in light of the information provided by the Applicant or Renter.
(e) If a Landlord takes any Adverse Action based in whole or in part on the Applicant or Renter's Criminal History, the Landlord shall within seven calendar days provide a written notice to the Applicant regarding the Adverse Action that includes, at a minimum:
(1) A written statement of the reason(s) for such adverse action, specifically describing:
a. How the individual’s Criminal History qualifies as a Directly Related Conviction; and
b. How any Evidence of Rehabilitation or Other Mitigating Factors or other information submitted in support of such individual’s tenancy was taken into account.
(2) A list of local legal services providers including contact information; and (3) A copy of any Criminal History, Background Check Report, or other information related to the Applicant's Criminal History that served as a basis for the Adverse Action. The Landlord shall not require reimbursement or payment from the Applicant or Renter for providing any Criminal History or criminal Background Check Report.
9.75.080 Exceptions to prohibition.
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(a) A just cause eviction pursuant to Palo Alto Municipal Code 9.68.020(a)(1)(F) shall not constitute a violation of this Chapter.
(b) It shall not be a violation of this Chapter for a Landlord to comply with Federal or State laws that require the Landlord to automatically exclude Applicants or Renters based on certain types of Criminal History (e.g. Ineligibility of Dangerous Sex Offenders for Admission to Public Housing (42 U.S.C. Section 13663(a); Ineligibility of Individuals Convicted for Manufacturing Methamphetamine on Premises of Federally Assisted Housing for Admission to Public Housing and Housing Choice Voucher Programs (24 C.F.R. Section 982.553)). However, if such a requirement applies, the Landlord shall not inquire about, require disclosure of, or, if such information is received, review an Applicant's criminal history until the Lan dlord first does the following: (1) informs the Applicant in advance that the Landlord will check for certain types of Criminal History; and (2) requests written consent, or if the Applicant objects, provides the Applicant the opportunity to withdraw the r ental application. If any Adverse Action is based in whole or in part on the Applicant's Criminal History, the Landlord shall provide a written notice to the Applicant regarding the A dverse Action that includes, at a minimum, the reason(s) for the Adverse Action; a copy of any Criminal History, Background Check Report, or other information related to the A pplicant's Criminal History that served as a basis for the A dverse Action, and an opportu nity to respond with rebutting or mitigating information prior to the denial of Applicant's housing application.
(c) In compliance with California Penal Code Section 290.46(j)(1), in order to protect persons at risk, the Landlord may review the State registry of lifetime sex offenders operated by the State of California Department of Justice; and may take an Adverse Action against an Applicant based on a Conviction that leads to the Applicant becoming a lifetime registered sex offender provided the Landlord first:
(1) Determines that the Applicant is qualified to rent the Residential Rental Unit under all of the Landlord criteria for assessing Applicants except for any criteria related to Criminal History;
(2) Provides to the Applicant a conditional rental agreement that commits the Housing to the Applicant as long as the Applicant meets the Landlord’s Criminal History and other qualifying criteria; and
(3) Informs the Applicant in advance that the Landlord will be checking the sex offender registry and obtains the written consent of the Applicant to obtain such information or gives the Applicant the opportunity to withdraw the application. (d) If any Adverse Action is based in whole or in part on the A pplicant's Criminal History, the landlord shall provide a written notice to the Applicant that includes, at a minimum, the reason(s) for the Adverse Action; a copy of any Criminal History, Background Check Report, or other information related to the A pplicant's Criminal History that served as a b asis for the A dverse Action, and an opportunity to respond with rebutting or mitigating information prior to the denial of Applicant's application. *NOT YET APPROVED*
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9.75.090 Advertising and notice requirements for Landlords.
(a) Advertising
(1) It shall be unlawful for any Landlord to engage in any communication, including the production or dissemination of advertisements, related to eligible housing, which expresses, directly or indirectly, that any person with an Arrest or Conviction record will not be considered for the rental or lease of real property or may not apply for the rental or lease of real property, except as required by local, State, or Federal law.
For purposes of this subsection, engaging in a communication includes, but is not limited to, making a verbal statement or producing or disseminating any solicitation, advertisement, or signage.
(b) Notice requirements
(1) The City Manager shall publish and make available to Landlords, in English, Spanish, and all languages spoken by more than five percent (5%) of the City’s population, a notice that informs Applicants for housing of their rights under this Chapter. The notice shall contain the following information:
a. A description of the restrictions and requirements of this Chapter; and b. Information about community resources available to assist an Applicant in connection with a violation of this Chapter.
(2) Landlords subject to the requirements of this Chapter shall include the notice made available pursuant to this Section in their advertisements, application materials and leases.
9.75.100 Retaliation prohibited.
It shall be a violation of this Chapter to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this Chapter, or to take any Adverse Action against any person because the person exercised or attempted in good faith to exercise any right protected under this Chapter.
9.75.110 Recordkeeping and confidentiality.
Landlords shall maintain a record of any Criminal History obtained for any Applicant for housing for a period of at least three years. To the maximum extent permitted by law, any information obtained regarding an Applicant’s Criminal History shall remain confidential.
9.75.120 Landlord’s employees and agents.
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It is the responsibility of a Landlord to ensure that its employees and agents comply with this chapter.
9.75.130 Implementation.
The City Manager or their designee is authorized to take all necessary steps to implement this Chapter, including but not limited to the following:
(a) Developing any notice required for purposes of implementing the requirements of this Chapter, and other implementation documents, including written materials for Landlords and potential Applicants; and
(b) Adopting any regulations necessary to implement the requirements of this Chapter.
9.75.140 Request for Waiver.
A Landlord may request a waiver or adjustment of the requirements of this Chapter upon a showing that strict application of its requirements would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to the Landlord, or that a waiver is necessary to avoid a reasonably foreseeable harm to the Landlord, Landlord’s agents, or other Renters. Requests for waiver or adjustment must be submitted in writing to the Director of Planning and Development Services or their designee together with supporting documentation, and must include a citation to this Chapter. Requests shall be acted on by the Director of Planning and Development Services or their designee within 30 days.
9.75.150 Remedies.
(a) Any Aggrieved Person who believes that the provisions of this Chapter have been violated shall have a private right of action for injunctive relief, and may institute a civil proceeding for injunctive relief, actual damages, and other relief deemed appropriate by the court. Nothing in this Chapter is intended to limit the damages recoverable by any party through a private action. In any action brought under this Chapter, the court may award reasonable attorneys’ fees and cost of action pursuant to Code of Civil Procedure Section 1021.5.
(b) An attorney who represents an Applicant in litigation against a Landlord brought under this Chapter shall provide notice to the City within ten (10) days of filing court action against the Landlord, and inform the City of the outcome of the court action within ten days of any final judgment.
9.75.160 No conflict with state or federal law.
This Chapter is not intended to conflict with state or federal law. If there is a conflict between the provisions of Federal or State law and this Article, federal or state law shall control. *NOT YET APPROVED*
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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 would 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 (b)(3) 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.
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SECTION 5. This ordinance shall be effective on the thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ City Attorney or Designee City Manager
____________________________
Director of Planning and Development
Services