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Any petition for writ of administrative mandate under Section 1094.5 of the California Code of Civil Procedure in order to seek judicial review of any final administrative decision of the city of Palo Alto or any of its commissions, boards, officers, or employees shall be filed no later than ninety days after the decision becomes final as defined in Section 1094.6. An administrative decision is a decision subject to review pursuant to Section 1094.5 and either (a) suspending, demoting, or dismissing an officer or employee, (b) revoking or denying an application for a permit, license, or other entitlement, or (c) denying an application for any retirement benefit or allowance. As provided in subsection (d) of Section 1094.6, the time limit for filing a petition for judicial review is extended to thirty days following the date on which the administrative record is personally delivered or mailed to the petitioner or his attorney of record provided that the petitioner has requested preparation of the administrative record of the proceedings on which the decision is based within ten days after the decision became final.
(Ord. 4285 § 1, 1995)
Pursuant to California Code of Civil Procedure § 1094.8(c), and any successor statute or regulation, the permits and entitlements listed in this section are designated for expedited judicial review pursuant to the procedure set forth in California Code of Civil Procedure § 1094.8, or any successor statute or regulation.
(a) The permits and entitlements which are regulated by the Palo Alto Municipal Code and subject to expedited review pursuant to this section include the following:
(1) Applications for an adult entertainment establishment license pursuant to Chapter 4.55.
(2) Applications for a newsrack permit pursuant to Chapter 9.79.
(3) Applications for sign permits pursuant to Chapter 16.20.
(4) Applications for permits to use parks or open space lands pursuant to Chapter 22.04.
(5) Any other provisions of this code designated by the city council by ordinance or resolution as being subject to expedited judicial review.
(b) Unless otherwise defined with respect to a specific permit or entitlement, "application" shall mean the submission of a complete set of all required forms, plans, and other documents required for review of the request for a permit or other entitlement, as well as full payment of all required fees as specified in this code.
(c) Notwithstanding any other provision of this code, any discretionary requirements imposed as conditions of approval of any application subject to this section, shall be deemed to be conditions subsequent and not conditions precedent to fulfilling the requirements for approval. Nothing contained in this section shall be construed to prohibit the city from imposing reasonable conditions in connection with the issuance of any permit or entitlement subject to this section, for the purpose of protecting the health, safety and welfare of the citizens of Palo Alto, provided that such conditions are imposed as conditions subsequent.
(d) Nothing contained in this section shall be construed to waive or excuse any requirement that a use or activity subject to this section comply with applicable locational and zoning requirements.
(Ord. 4655 § 2, 2000)
If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The council hereby declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconstitutional then the original ordinance or ordinances shall be in full force and effect.
(Prior code § 38.02)