Buena Park City Council
November 12, 2025

Q-727225-45909KP
Issued: 09/09/2025
Quote Expiration: 11/30/2025
Estimated Contract Start Date: 01/01/2026
Account Number: 111070
Payment Terms: N30
Mode of Delivery: UPS-GND
Credit/Debit Amount: $0.00

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Buena Park Police Dept. - CA
6640 Beach Blvd
Buena Park,
CA
90621-2905
USA

Buena Park Police Dept. - CA
6640 Beach Blvd
Buena Park
CA
90621-2905
USA
Email:

Kyle Panasewicz
Phone: +1 4803294734
Email: [email protected]
Fax: (480) 905-2071
Nghia Nguyen
Phone: 714-562-3916
Email: [email protected]
Fax:

Quote Summary Discount Summary
Program Length 19 Months Average Savings Per Year $17,663.12 TOTAL COST $79,345.14
ESTIMATED TOTAL W/ TAX $81,949.78 TOTAL SAVINGS $27,966.60

Axon Enterprise, Inc.
17800 N 85th St
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic:(800) 978-2737
International: +1.800.978.2737

Payment Summary
Date Subtotal Tax Total
Dec 2025 $39,672.57 $1,302.30 $40,974.87
Jul 2026 $39,672.57 $1,302.34 $40,974.91
Total $79,345.14 $2,604.64 $81,949.78

Quote Unbundled Price: $107,313.66
Quote List Price: $92,256.16
Quote Subtotal: $79,345.14
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
73352 TRUE UP - BWC HW FINANCE/TAP 2 11 $23.30 $23.30 $512.60 $44.86 $557.46 73843 TRUE UP – BWC UNL W/ TAP/MBD DOCK 16 11 $35.85 $35.85 $6,309.60 $552.09 $6,861.69 BWCUwTAP BWC Unlimited with TAP 16 19 $138.53 $93.84 $93.84 $28,527.36 $1,126.22 $29,653.58 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 2 19 $97.60 $58.87 $58.87 $2,237.06 $182.00 $2,419.06 A la Carte Hardware
H00001 AB4 Camera Bundle 16 $899.00 $89.90 $1,438.40 $125.85 $1,564.25 H00002 AB4 Multi Bay Dock Bundle 4 $1,638.90 $1,638.90 $6,555.60 $573.62 $7,129.22 A la Carte Software
73449 AXON BODY - LICENSE - DEVICE CONNECTIVITY 16 19 $5.06 $5.06 $1,538.24 $0.00 $1,538.24 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 16 19 $10.12 $10.12 $3,076.48 $0.00 $3,076.48 73680 AXON FUSUS - LICENSE - BWC CONNECTIVITY AND
PLUS USER 110 12 $19.00 $19.00 $25,080.00 $0.00 $25,080.00 BasicLicense Basic License Bundle 14 19 $15.17 $15.30 $4,069.80 $0.00 $4,069.80 Total $79,345.14 $2,604.64 $81,949.78
Delivery Schedule
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 16 1 12/01/2025
AB4 Camera Bundle 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 18 1 12/01/2025 AB4 Camera Bundle 100775 AXON BODY 4 - MAGNETIC DISCONNECT CABLE 18 1 12/01/2025 AB4 Camera Bundle 74028 AXON BODY - MOUNT - WING CLIP RAPIDLOCK 18 1 12/01/2025 AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 4 1 12/01/2025 AB4 Multi Bay Dock Bundle 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 4 1 12/01/2025 AB4 Multi Bay Dock Bundle 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 4 1 12/01/2025 Body Worn Camera Multi-Bay Dock TAP Bundle 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 2 1 07/01/2027 BWC Unlimited with TAP 73309 AXON BODY - TAP REFRESH 1 - CAMERA 16 1 07/01/2027 BWC Unlimited with TAP 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 2 1 07/01/2027 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date Basic License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 14 01/01/2026 07/31/2027 Basic License Bundle 73840 AXON EVIDENCE - ECOM LICENSE - BASIC 14 01/01/2026 07/31/2027 BWC Unlimited with TAP 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 16 01/01/2026 07/31/2027

Software
Bundle Item Description QTY Estimated Start Date Estimated End Date BWC Unlimited with TAP 73746 AXON EVIDENCE - ECOM LICENSE - PRO 16 01/01/2026 07/31/2027 A la Carte 73449 AXON BODY - LICENSE - DEVICE CONNECTIVITY 16 01/01/2026 07/31/2027 A la Carte 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 16 01/01/2026 07/31/2027 A la Carte 73680 AXON FUSUS - LICENSE - BWC CONNECTIVITY AND PLUS USER 110 08/01/2026 07/31/2027
Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date Body Worn Camera Multi-Bay Dock TAP Bundle 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 2 12/01/2026 07/31/2027 BWC Unlimited with TAP 80464 AXON BODY - TAP WARRANTY - CAMERA 16 12/01/2026 07/31/2027 BWC Unlimited with TAP 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 2 12/01/2026 07/31/2027

Shipping Locations
Location Number Street City State Zip Country
1 6640 Beach Blvd Buena Park CA 90621-2905 USA
Payment Details
Dec 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 73352 TRUE UP - BWC HW FINANCE/TAP 2 $256.30 $22.43 $278.73 Year 1 73449 AXON BODY - LICENSE - DEVICE CONNECTIVITY 16 $769.12 $0.00 $769.12 Year 1 73680 AXON FUSUS - LICENSE - BWC CONNECTIVITY AND PLUS USER 110 $12,540.00 $0.00 $12,540.00 Year 1 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 16 $1,538.24 $0.00 $1,538.24 Year 1 73843 TRUE UP – BWC UNL W/ TAP/MBD DOCK 16 $3,154.80 $276.04 $3,430.84 Year 1 BasicLicense Basic License Bundle 14 $2,034.90 $0.00 $2,034.90 Year 1 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 2 $1,118.53 $91.00 $1,209.53 Year 1 BWCUwTAP BWC Unlimited with TAP 16 $14,263.68 $563.11 $14,826.79 Year 1 H00001 AB4 Camera Bundle 16 $719.20 $62.92 $782.12 Year 1 H00002 AB4 Multi Bay Dock Bundle 4 $3,277.80 $286.80 $3,564.60 Total $39,672.57 $1,302.30 $40,974.87
Jan 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 2 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00
Jul 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 73352 TRUE UP - BWC HW FINANCE/TAP 2 $256.30 $22.43 $278.73 Year 2 73449 AXON BODY - LICENSE - DEVICE CONNECTIVITY 16 $769.12 $0.00 $769.12 Year 2 73680 AXON FUSUS - LICENSE - BWC CONNECTIVITY AND PLUS USER 110 $12,540.00 $0.00 $12,540.00 Year 2 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 16 $1,538.24 $0.00 $1,538.24 Year 2 73843 TRUE UP – BWC UNL W/ TAP/MBD DOCK 16 $3,154.80 $276.05 $3,430.85 Year 2 BasicLicense Basic License Bundle 14 $2,034.90 $0.00 $2,034.90 Year 2 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 2 $1,118.53 $91.00 $1,209.53 Year 2 BWCUwTAP BWC Unlimited with TAP 16 $14,263.68 $563.11 $14,826.79 Year 2 H00001 AB4 Camera Bundle 16 $719.20 $62.93 $782.13 Year 2 H00002 AB4 Multi Bay Dock Bundle 4 $3,277.80 $286.82 $3,564.62 Total $39,672.57 $1,302.34 $40,974.91

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

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Signature Date Signed
9/9/2025

AGENDA REPORT TO CITY COUNCIL

MEETING DATE: April 26, 2022

TO: The Mayor and City Council

TITLE: AGREEMENT WITH AXON ENTER PRISE INC. FOR THE

PURCHASE OF POLICE BODY-WORN CAMERAS, POLICE IN -

CAR VIDEO CAMERAS, CONDUCTED ENERGY WEAPONS ,

AND VIRTUAL REALITY TRAINING EQUIPMENT

RECOMMENDED ACTION: 1) Approve an agreement with Axon Enterprise, Inc. for the purchase of 84 police body-worn cameras, 80 conducted energy weapons, 30 police in-car video cameras, 4 virtual reality training devices, with associated hardware, software, data, and evidence storage in the amount of $1,236,672.94 with a 10% contingency for unexpected costs or equipment upgrades as technology improves over this term; 2) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the agreement; 3) Authorize the City Manager to execute the agreement; 4) Dispense with competitive bidding pursuant to Buena Park Municipal Code Section 3.28.080 (c) because these items can only be obtained from a sole-source vendor.

PURPOSE: Authorize the City Manager to execute a five-year agreement to replace aged police body-worn cameras, aged conducted energy weapons, aged police in- car video cameras, and the initial purchase of virtual reality training equipment. The initial purchase and replacement costs will be funded by the General Fund.

PREVIOUS COUNCIL/COMMISSION/COMMITTEE ACTION: On February 28, 2017, the City Council approved an agreement with Taser International (now Axon Enterprises, Inc.) for police body-worn cameras and conducted energy weapons.

DISCUSSION: Axon body-worn cameras (BWC) are a contemporary means for police to capture video and audio interactions between officers and the community . Axon BWCs have proven highly effective in defending claims against cities, diminishing police uses of force, and serves to improve the behavior of all parties. Axon BWCs also yield the best possible evidentiary value.

Axon in-car video has similar benefits to Axon BWCs as it also captures video and audio interactions between officers and the community. They however provide a different point of view and camera angles with the added benefit of capturing vehicle pursuits with the added ability to live feed the video to supervisors. Axon in-car video seamlessly integrates with Axon BWC to synchronize video and audio reviews.

Axon conducted energy weapons (CEWs) are a less than lethal option that officers carry on their person and have proven to be effective in diminishing injuries to suspects and officers.

The department’s current Axon CEWs are approaching their life expectancy and are due to be replaced. The latest Axon CEWs are an upgrade to the current CEWs. They are more accurate and effective at close and medium range and allow for a second cartridge to fire without reloading.

Meeting Date: April 26, 2022
Subject: Agreement Axon Enterprises Inc.

Axon virtual reality (VR) training is a contemporary means of achieving realistic training in a controlled environment. VR content and features are developed using current policing trends.

VR training is more cost-effective as it allows officers to supplement their live firearms and CEW training with a VR platform without spending funds on consumables such as ammunition and CEW cartridges. VR training will allow officers to respond to calls with greater confidence to situations they may face in the field. This will replace the police department’s outdated video simulator purchased in 2008. The outdated system does not support current weapon systems and the content is outdated. In addition, with VR, officers are immersed within the training scenario, unlike the current system which is just a single screen the officer stands in front of.

This VR platform will replace a fourteen-year-old police firearms simulator which is no longer supported and has dated content.

This agreement has been reviewed by the City Attorney, Finance Director, and Purchasing Manager.

BUDGET IMPACT: The cost to purchase the Axon equipment, which includes 84 Axon BWCs, 80 Axon CEWs, 30 Axon in-car video cameras, 4 Axon VR devices, and all associated hardware, maintenance, implementation, training, storage, and support for the first year is $247,334.14. The remaining four years will cost $247,334.70 per year for ongoing maintenance and upgrades, and will be incorporated into subsequent budgets. (Account # 11-650402-6240)

Prepared by: Corey Sianez, Police Chief
Approved by: Aaron France, City Manager
Presented by: Nghia Nguyen, Police Lieutenant

ATTACHMENT:
1) Axon Quote Q-371496-44602.773KP
2) Axon Master Services and Purchasing Agreement

November 12, 2025

NEW BUSINESS
Item No. 5D.

City Council Agenda Report
AMENDED AND RESTATED EMPLOYMENT AGREEMENTS BETWEEN THE CITY AND CITY MANAGERAARON FRANCE AND DIRECTOR OF GOVERNMENT AND COMMUNITY RELATIONS (CITY CLERK) ADRIAM. JIMENEZ

PREPARED BY PRESENTED BY
Eddie Fenton, Assistant City Manager/Director of
Human Resources
Eddie Fenton, Assistant City Manager/Director of
Human Resources

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Eddie Fenton, Assistant City Manager/HR Director Aaron France, City Manager

RECOMMENDED ACTION
1) Approve an amended and restated employment agreement between the City of Buena Park and Aaron France; 2) Authorize the Mayor and City Clerk to sign the City Manager agreement; 3) Approve an amended and restated employment agreement for Director of Government and Community Relations (City Clerk) between the City of Buena Park and Adria M. Jimenez; and 4) Authorize the Mayor and Assistant City Clerk to execute the Director of Government and Community Relations (City Clerk) agreement.

PREVIOUS CITY COUNCIL ACTION
None.

DISCUSSION
California Public Employees’ Retirement System (CalPERS) provides pension and health benefits for more than 2 million California public employees. Retirement benefits are calculated based on years of service, age at retirement, and final compensation. CalPERS conducts periodic compensation compliance reviews to ensure compliance with reporting special compensation as defined by the California Public Employees’ Retirement Law (PERL).

On September 26, 2025, CalPERS conducted a compensation compliance review of the compensation reported by the City of Buena Park on behalf of the Police Chief. The review identified compensation that did not comply with State law. On review and in consultation with CalPERS, staff determined that the existing language of the City Manager and the Director of Government and Community Relations agreements requires updating to ensure that it is consistent with the original intent and special compensation definitions in the PERL. Specifically, identifying a minimum number of years as a qualifying condition for reporting longevity and clarifying the eligibility criteria will ensure that this longevity compensation is reportable to CalPERS, as originally intended by the City and the Employee. CalPERS recommended the City to make several changes to the individual employment agreements to ensure Buena Park’s continued compliance.

To ensure longevity pay is reported correctly and is CalPERS-compliant, the language in an employment agreement must clearly define the compensation and its conditions. CalPERS has specific requirements to prevent misreporting, particularly regarding additional criteria beyond an employee's years of service.

The City currently provides longevity to employees and reports this value to CalPERS every pay period. CalPERS is recommending the City adopt the specific language contained herein.

Current City Manager Agreement Language:
(d) Incentive Pays. Employee shall be eligible for the following incentive pays:
a. Longevity Pay: Employee shall receive an additional four percent of base salary.

Proposed City Manager Agreement Language:
(d) Incentive Pays. Employee shall be eligible for the following incentive pays:
a. Longevity Pay: Employee with 20 or more years of City service shall receive an additional three (3) percent of base salary.

Current Director of Government and Community Relations Agreement Language:
(d) Incentive Pays. Employee shall be eligible for the following incentive pays:
a. Longevity Pay: Employee shall receive longevity pay at the same rate that is granted to other management employees.

Proposed Director of Government and Community Relations Agreement Language:
(d) Incentive Pays. Employee shall be eligible for the following incentive pays:
a. Longevity Pay: Employee with 12-19 years of City service shall receive an additional two (2) percent of base salary, which is the same rate that is granted to other management employees.

The Parties agree to replace the Longevity pay provisions, effective November 8, 2025, with the language outlined above and contained in the attached Agreements. The updated language will remedy potential CalPERS issues related to the current longevity premium in the employment agreement. Lastly, the parties agree to increase the City Manager salary from $26,121 to $26,383 monthly.

BUDGET IMPACT
There is no fiscal impact from increasing the City Manager salary or replacing the language in the longevity incentive pay program. The proposed changes are a clarifying measure to ensure that the program meets CalPERS special compensation standards and is consistent with the intent of the original program. There is no change in existing City practices and expenditures.

Attachments
City Manager Aaron France Employment Agreement 2025-2027 (Amended Restated 11.12.25).pdf Director of Government Community Relations Adria M Jimenez Employment Agreement 2023-27 (Amended andRestated 11.12.25).pdf

AMENDED AND RESTATED CITY MANAGER EMPLOYMENT AGREEMENT

BETWEEN THE CITY OF BUENA PARK AND AARON FRANCE

This Amended and Restated Employment Agreement (“Agreement”) is made and entered into as of November 12, 2025, by and between the City of Buena Park, a California municipal corporation (“City” or “Employer”), and Aaron France, an individual (“Employee”).

R E C I T A L S
A. Employee has been employed by the City in various capacities since 2005, and has been employed in his current capacity as City Manager since March 9, 2021.

B. The current agreement between the City and City Manager expires on July 5, 2025.

C. Employee has demonstrated the requisite specialized experience, skills, training, certifications, licenses, and authorizations , and is otherwise qualified to serve as City Manager.

D. The City desires to retain Employee as City Manager and City Manager desires to continue to serve as City Manager beyond July 5, 2025.

E. CalPERS conducts periodic Compensation Compliance Reviews, and the City wishes to ensure full compliance with reporting requirements by adopting updated contract language.

F. The proposed change is a clarifying measure to ensure that the program meets CalPERS special compensation standards and is consistent with the intent of the original program. There is no change in existing City practices and expenditures.

G. City and Employee wish to enter into an amended and restated employment agreement that sets forth the rights and obligations of the parties and that will supersede all prior negotiations, discussions, or agreements.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Employee agree as follows:

1. TERM.

A. Initial Term. Unless sooner terminated as provided in Section 7, or extended as set forth in subsection (B) immediately below, this Agreement shall commence on November 8, 2025, (“Effective Date”) and shall remain effective through and including July 2, 2027, (“Expiration Date”).

B. Extensions. The term of this Agreement may be extended in writing on the same terms and conditions set forth herein and upon mutual consent of Employee and the City, with City’s consent requiring approval by the City Council. At least two (2) weeks prior to the Expiration Date (or no later than June 22, 2027), the City Council shall notify Employee whether it desires to extend the term of this Agreement on a month-to-month basis, or any such longer time agreed by the Parties. In the event the City Council declines or fails to give notice of its intent to extend this Agreement, such action or inaction shall constitute notice of intent not to extend. Employee shall remind the City Council of its obligation to give notice under this section not later than one (1) calendar month prior to the Expiration Date (or no later than June 2, 2027). Should Employee desire not to extend the term of this Agreement, Employee shall disclose this information in the notice provided to the City Council described in the preceding sentence.

2. DUTIES AND AUTHORITY . Employee shall be vested with the full powers and shall perform the full duties of the Office of City Manager as set forth in: the Buena Park City Code; any and all applicable rules, regulations and procedures; the official and most recent job description for City Manager; and applicable state or federal law, as each of the foregoing currently or may be amended in the future exist. At the option of City, Employee shall also serve as Executive Director of any authority or agency created by or staffed by the City. Employee shall exercise such other powers and perform such other duties as the City Council may assign from time to time.

3. EMPLOYEE'S OBLIGATIONS . Employee shall devote his full energies, interest, abilities and productive time to the performance of this Agreement, and utilize his best efforts to promote City's interests. Employee shall not engage in any activity, consulting service or enterprise, for compensation or otherwise, which is actually or potentially in conflict with or inimical to, or which materially interferes with his duties and responsibilities to City. Employee shall obtain prior authorization from the City Council for any outside employment, consulting, teaching, or enterprise.

4. SALARY AND BENEFITS.

A. Base Salary.
(1) Base Salary Schedule . During the term of this Agreement, City shall pay Employee the annual salary reflected in the table below at the beginning of the pay period that includes the Effective Date. Employee’s annual salary will be prorated and paid on City’s normal paydays, subject to legally permissible or required withholdings.

Employee’s salary is compensation for all hours worked and for all services under this Agreement, including but not limited to service as Executive Director for any commission, boards, or agencies affiliated with the City, or any other service provided or position served by the City Manager for the City. Employee shall be exempt from the overtime pay provisions of California law (if any) and federal law.

Effective Date Annual Salary Monthly Equivalent
11/8/2025 $316,596.80 $26,383
7/4/2026 $332,425.60 $27,702
(2) Management Salary Adjustments. Employee shall receive general cost of living adjustments and other salary and benefit enhancements granted for other management employees only as made expressly applicable to Employee by action of the City Council. Employee shall be subject to any wage or salary concession generally applicable to management employees of City only if expressly applicable to Employee by action of the City Council or as agreed to by Employee. Salary concessions include s alary reductions, furloughs, or any other wage concession generally applic able to management employees.

B. Employment Benefits.
(1) Fringe Benefit Package. In addition to base salary and except as expressly provided in this Agreement, Employee shall receive the same fringe benefits currently provided to other full-time management employees of City, as provided in the City’s Compensation Plan for management and executive employees and as those benefits exist on the effective date of this Agreement. Such fringe benefits shall be subject to the terms and conditions of the applicable plan, policy, or other controlling documents. In the event a benefit has different terms for executive management and any other group of management employees, the executive management benefit shall apply to Employee. Except as otherwise required by law or by contract with any benefit provider, changes in benefits shall not apply to Employee, unless and until so determined by action of the City Council. (2) Incentive Pays. Employee shall be eligible for the following incentive pays:
a. Longevity Pay: Employee with 20 years or more of City service shall receive an additional three (3) percent of base salary. b. Educational Incentive: Master’s Degree - $200 per month (3) CalPERS Employee Contributions . Employee shall pay the entire employee contribution under the City’s Public Employees’ Retirement System plan for miscellaneous employees. In the event City implements wage or salary concessions that are in-lieu of a requirement for management employees to pay some or all of the employee contributions, Employee will not be subject to such wage or salary concessions and contrary terms of Section 4, Paragraph A(2), above, shall not apply. This paragraph has no effect on provisions of the Compensation Plan for manag ement employees requiring employees to pay a portion of the CalPERS employer contribution.
(4) Vacation and Management Leave Additional Terms . Employee may accrue vacation leave up to a maximum of 32 0 hours. Once Employee reaches the maximum accrual of 320 hours, Employee shall earn no additional vacation until his accrued balance falls below 32 0 hours. Upon termination of employment with the City (including retirement), as opposed to the mere termination or expiration of this Agreement, Employee shall receive cash payment for all accrued and unused vacation, not to exceed the maximum accrual limit of 32 0 hours. (The base hourly rate for purposes of the cash payment at termination shall be determined in the manner City normally uses at that time to convert base salary amounts to an hourly rate.) Any contrary terms of the Compensation Plan for management employees notwithstanding, Employee shall not be eligible for management or executive management leave beyond the basic grant of 60 hours per fiscal year given to all management employees.
(5) Vacation and Sick Leave Scheduling. Employee may schedule and use vacation time at his discretion, with due regard for the demands of the City Manager position and the needs of the City. Employee shall notify the City Council in writing before taking more than five (5) consecutive working days of vacation time, pre- scheduled sick leave, or otherwise being voluntarily absent from work for such period. Any requirement for department head or City Manager approval stated in the vacation or sick leave programs are not applicable to Employee.
(5) Service Retirement Account . Prior to the E ffective Date of this Agreement, City provided Management Employees hired between J uly 1, 1999, and July 21, 2012 , with a Service Retirement Account (SRA) to defer out -of-pocket expenses for purchasing group medical insurance during retirement. During the term of this Agreement and while serving as City Manager, Employee desires to maintain his current account balance and eligibility to participate in the program as expressly as described in the Management Compensation Plan. However, 1) Employee desires to cease future contributions into this SRA program, and 2) Employee desires any calculations made in the program at retirement be made at the same base hourly rate of pay ($85.52/hour) as his former Assistant City Manager position.
(6) Cellular Phone. Prior to the E ffective Date of this Agreement, City provided Employee with a cellular telephone and service plan for both personal and professional use. City will continue to provide Employee a cell phone and service plan during the term of this Agreement, subject to the same terms and conditions as existed immediately prior to this Agreement. In satisfaction of this requirement, Employee will retain his current cell phone and service plan. The cell phone and service plan may be changed in the future in the same manner as is applicable to other management employees receiving City provided cell phones and plans.
(7) Expenses. City recognizes that Employee may incur certain expenses of a non-personal and job-related nature. City agrees to reimburse or to pay such business expenses, which are incurred and submitted according to City’s normal expense reimbursement procedures. To be eligible for reimbursement, all expenses must be supported by documentation meeting City’s normal requirements and must be submitted within time limits established by City.
(8) City Vehicle . City shall provide Employee with the use of a City passenger vehicle. City will insure (or self -insure), maintain, and pay the cost of fuel to operate this vehicle. Employee may use the vehicle for personal and official business. (9) Bonding. City shall bear the full costs of any fidelity or other bonds required of Employee (if any) under any law or ordinance by virtue of his employment as City Manager.

C. Employment Status. This Agreement will continue Employee’s employment with the City without interruption. Consequently, Employee’s length of service with the City will continue to advance, without interruption, for benefits administration or other relevant purposes. Employee’s paid leave balances will carry -over to the new position of City Manager, and Employee will accrue additional leave time during the term of this Agreement based on overall length of service with the City.

5. EVALUATIONS. Employee shall report to and may be evaluated by the City Council at any such times as determined in the City Council’s discretion. During the term of this Agreement, Employee’s performance as City Manager may be reviewed by the City Council every twelve (12) months after the Effective Date . Employee will request and schedule such reviews, as appropriate pursuant to City agenda procedures or as otherwise directed by City Council. Nothing in this paragraph is intended to limit or preclude additional evaluations or reviews of Employee’s performance by the City Council, or to limit or restrict the normal communications process between the City Council and the position of City Manager.

6. INDEMNIFICATION. Except as otherwise permitted, provided, limited or required by law, including without limitation California Government Code Sections 825, 995, and 995.2 through 995.8, the City will defend and pay any costs and judgments assessed against Employee arising out of an act or omission by Employee occurring in the course and scope of Employee's performance of his duties under this Agreement. However, in the event City provides funds for legal criminal defense pursuant to this section and terms of the Government Code, Employee shall reimburse the City for such legal criminal defense funds if Employee is convicted of a crime involving an abuse of office or position, as provided by Government Code Sections 53243 – 53243.4.

7. AT-WILL EMPLOYMENT RELATIONSHIP.

A. Consistent with Buena Park City Code Section 2.16.010 and California Government Code Section 36506, by way of this Agreement Employee is appointed by and serves as City Manager at the pleasure of the City Council. Nothing in this Agreement shall prevent, limit , or otherwise interfere with the right of the City Council to terminate this Agreement. City shall pay Employee for all services rendered under this Agreement throughout the term , and Employee shall have no right to any additional compensation or payment of any kind or nature; with the exception for payment of benefits to Employee as provided under Section 4 that accrue to Employee prior to the effective date of termination or expiration of this Agreement, and any severance payments that may be due Employee as provided in Section 8 below.

B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to entirely resign from employment with City, provided that Employee shall provide the City at least thirty (30) calendar days prior written notice.

8. SEVERANCE.

A. In lieu of the procedures and time limits provided under Buena Park City Code Sections 2.16.070 – 2.16.090, if Employer terminates this Agreement (thereby terminating Employee’s Employment), without cause, Employer shall pay Employee a lump sum severance benefit calculated as provided in this paragraph. On the effective date of this Agreement, the lump sum severance shall be equal to twelve (12) months of Employee’s then applicable base salary. The applicable base salary shall be Employee’s base salary in effect on the effective date of termination.

B. In the event Employee’s employment is entirely terminated by the City with (or for) cause, Employee shall not be entitled to any severance. As used in this Agreement, “cause” shall mean any of the following:
(1) Conviction of a felony;
(2) Conviction of a misdemeanor arising out of Employee’s duties under this Agreement and involving a willful or intentional violation of law; (3) Willful abandonment of duties;
(4) A pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted policy decisions of the City Council made by the City Council as a body, or persistent and willful violation of properly established rules and procedures; and
(5) Any other action or inaction by Employee that materially and substantially impedes or disrupts the performance of City or its organizational units, or is detrimental to employee safety or public safety.

C. If Employee voluntarily terminates this Agreement , or Employee otherwise entirely terminates or resigns from employment with the City, Employee shall not be entitled to any severance.

D. Any other term of this Agreement notwithstanding, the maximum severance that Employee may receive under this Agreement shall not exceed the limitations provided in Government Code Sections 53260 – 53264, or other applicable law. Further, in the event Employee is convicted of a crime involving an abuse of office or position, Employee shall reimburse the City for any paid leave or cash settlement (including severance), as provided by Government Code Sections 53243 – 53243.4.

9. INTEGRATION OF AGREEMENT . This Agreement contains the entire agreement between the parties and supersedes all prior oral and written agreements, understandings, commitments, and practices between the parties concerning Employee’s employment with the City. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or written, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, st atement, or promise not contained in this Agreement shall be valid or binding on either party.

10. METHOD OF AMENDMENT . No amendments to this Agreement may be made except by a writing signed and dated by City and Employee.

11. NOTICES. Any notice to City under this Agreement shall be given in writing to City, either by personal service or by registered or certified mail, postage prepaid, addressed to the City Clerk at the City's then principal place of business. A courtesy copy shall be given to the City Attorney in a like manner. Any such notice to Employee shall be given in a like manner and, if mailed, shall be addressed to Employee at his home address then shown in City's files. For the purpose of determining compliance wit h any time limit in this Agreement, a notice shall be deemed to have been duly given (a) on the date of delivery, if served personally on the party to whom notice is to be given, or (b) on the third calendar day after mailing, if mailed to the party to whom the notice is to be given in the manner provided in this Article.

12. GENERAL PROVISIONS.

A. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances.

B. This Agreement sets forth the final, complete, and exclusive agreement between City and Employee relating to the employment of Employee as City Manager by City. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The foregoing notwithstanding, Employee acknowledges that, except as expressly provided in this Agreement, his employment is subject to City’s generally applicable rules and policies pertaining to employment matters, such as those addressing equal employment opportunity, sexual harassment and violence in the workplace.

C. This Agreement shall be interpreted and construed pursuant to and in accordance with the local laws of the State of California and all applicable City Codes, Ordinances and Resolutions.

D. Employee acknowledges that he has had the opportunity and has conducted an independent review of the financial and legal effects of this Agreement. Employee acknowledges that he has made an independent judgment upon the financial and legal effects of this Agreement and has not relied upon any representation of City, its officers, agents or employees other than those expressly set forth in this Agreement.

IN WITNESS WHEREOF , the parties have caused this Agreement to be signed and executed personally or on its behalf by its duly authorized representative.

E

MPLOYEE

______________________________

AARON FRANCE

C
ITY

By: ___________________________

JOYCE AHN, MAYOR

CITY OF BUENA PARK

ATTEST:

__________________________ (Seal)
City Clerk

AMENDED AND RESTATED EMPLOYMENT AGREEMENT FOR DIRECTOR OF

GOVERNMENT AND COMMUNITY RELATIONS (CITY CLERK) BETWEEN THE CITY OF BUENA PARK AND ADRIA M. JIMENEZ

This Amended and Restated Employment Agreement (“Agreement”) is made and entered into as of November 12, 202 5, by and between the City of Buena Park, a California municipal corporation (“City” or “Employer”), and Adria M. Jimenez, an individual (“Employee”).

R E C I T A L S
A. Employee has been continuously employed by the City since June 5, 2017, with Employee being employed in the capacity of City Clerk between her date of hire and June 24, 2023, and with Employee being employed in her current capacity as Director of Government and Community Relations (City Clerk).

B. Employee has demonstrated that she has the requisite specialized skills, training, certifications, licenses, and authorizations and is otherwise qualified to serve as Director of Government and Community Relations (City Clerk).

C. City desires to change the Job Classification Specification title and to retain the services of Adria M. Jimenez as Director of Government and Community Relations (City Clerk) since June 24, 2023.

D. City and Employee wish to enter into a n amended and restated employment agreement that sets forth the rights and obligations of the parties , and to clarify that, in her capacity as Director of Government and Community Relations, Employee is to receive the same fringe benefits provided to other full -time management employees of City , as provided in the City’s Compensation Plan for management employees and which includes provisions for Longevity Pay and Educational Incentive Allowance.

E. CalPERS conducts periodic Compensation Compliance Reviews, and the City wishes to ensure full compliance with reporting requirements by adopting updated contract language.

F. The proposed change is a clarifying measure to ensure that the program meets CalPERS special compensation standards and is consistent with the intent of the original program. There is no change in existing City practices and expenditures.

G. This Agreement will super sede all prior negotiations, discussions, or agreements between City and Employee.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Employee agree as follows:

1. TERM OF EMPLOYMENT. The term of this A greement shall be deemed to have commenced on June 24 , 20 23, and shall remain in effect unless sooner terminated as provided in this Agreement.

2. DUTIES AND AUTHORITY. Employee shall exercise the full powers and perform the duties of: (a) the Office of City Clerk, as such role is described in the Buena Park City Code and applicable rules, regulations, and procedures; and (b) of the Director of Government and Community Relations (City Clerk), as such role is described by local rules, regulations, and procedures . Employee shall additionally exercise such other powers and perform such other duties as City, by the City Council, may assign. Employee shall exercise such authority and perform such duties in accordance with all applicable local, state, or federal laws, as each currently or may in the future exist.

3. EMPLOYEE'S OBLIGATIONS. Employee shall devote her full energies, interest, abilities and productive time to the performance of this Agreement, and utilize her best efforts to promote City's interests. Employee shall not engage in any activity, consulting service or enterprise, for compensation or otherwise, which is actually or potentially in conflict with or inimical to, or which materially interferes with her duties and responsibilities to City. Employee shall obtain prior authorization from the City Council for any outside employment, consulting, teaching, or enterprise.

4. SALARY AND BENEFITS.

A. Base Salary.
(1) Base Salary Schedule . From the effective date of this Agreement, City shall pay Employee an annual salary as reflected in the table below, consistent with the Management Compensation Plan, at the beginning of the pay period that includes the effective date. The annual salary will be prorated and paid on City’s normal paydays, subject to legally permissible or required withholdings. Employee’s salary is compensation for all hours worked and for all services under this Agreement and includes consideration for the cost of living a djustments effective June 24, 2023, June 22, 2024, July 5, 2025, and July 4, 2026, for management employees. Employee shall be exempt from the overtime pay provisions of California law (if any) and federal law.

Effective Date Annual Salary Monthly Equivalent
6/24/2023 $200,616.00 $16,718
6/22/2024 $221,166.40 $18,431
6/21/2025 $232,232.00 $19,353
07/05/2025 $252,366.40 $21,031
07/04/2026 $264,992.00 $22,083
(2) The position of Director of Government and Community Relations shall be designated as a direct appointment by the City Council. As such, this position shall serve at the pleasure of the City Council and report directly to it. In recognition of the unique responsibilities and direct accountability to the City Council, the Director of Government and Community Relations shall receive a monthly salary supplement in the amount of one hundred dollars ($100.00) above the base compensation provided to other executive-level employees of the City. This differential acknowledges the special nature of the appointment and the role’s strategic importance in managing governmental and community affairs on behalf of the City Council and is included in the base salary schedule listed above.
(3) Management Salary Adjustments . Employee shall receive future general cost of living adjustments and other salary and benefit adjustments granted for other management employees only as made expressly applicable to Employee by action of the City Council. Employee shall be subject to any wage or salary concession generally applicable to management employees of City only if expressly applicable to Employee by action of the City Council or as agreed to by Employee. Salary concessions include salary reductions, furloughs or any other wage concession generally applicable to management employees.

B. Employment Benefits.
(1) Fringe Benefit Package. In addition to base salary and except as expressly provided in this Agreement, Employee shall receive the same fringe benefits currently provided to other full -time management employees of City, as provided in the City’s Compensation Plan for management and executive unit employees that is in effect as of the effective date of this Agreement and attached in Exhibit “A” hereto. Such fringe benefits shall be subject to the terms and conditions of the applicable plan, policy or other controlling documents. In the event a benefit has different terms for executive management and any other group of management employees, the executive management benefit shall apply to Employee.
(2) Incentive Pays: Employee shall be eligible for the following incentive pays:
a. Longevity Pay : Employee with 12 -19 years of City service shall receive an additional t wo (2) percent of base salary , which is the same rate that is granted to other management employees. b. Education Incentive: Employee with a Bachelor of Arts Degree or a Master’s Degree shall receive $150 per month or $200 per month, respectively, as educational incentive pay, which is the same rate that is granted to other management employees.
(3) CalPERS Employee Contributions . Contrary terms of the Compensation Plan for management employees notwithstanding, Employee shall pay the entire employee contribution under the City’s Public Employees’ Retirement System (CalPERS) plan for miscellaneous employees. In the event City implements wage or salary concessions that are in-lieu of a requirement for management employees to pay some or all of the employee contributions, Employee will not be subject to such wage or salary concessions and contrary terms of Section 4, Paragraph A(2), above, shall not apply. This paragraph has no effect on provisions of the Compensation Plan for management employees requiring employees to pay a portion of the CalPERS employer contribution.
(4) Vacation and Management Leave Additional Terms. Employee shall earn vacation and sick leave each month as if the Employee has five years or more of service. Employee may accrue vacation leave up to a maximum of that earned in two years. Once Employee reaches the maximum accrual limit , Employee shall earn no additional vacation until her accrued balance falls below the maximum accrual limit. Upon termination of employment (including retirement) Employee shall receive cash payment for all accrued and unused vacation, not to exceed the maximum accrual limit. (The base hourly rate for purposes of the cash payment at termination shall be determined in the manner City normally uses at that time to convert salary amounts to an hourly rate.) Any contrary terms of the Compensation Plan for management employees notwithstanding, Employee shall not be eligible for management or executive management leave beyond the basic grant of 60 hours per fiscal year given to all management employees. (5) Vacation and Sick Leave Scheduling. Employee may schedule and use vacation time at her discretion, with due regard for the demands of her position and the needs of the City. Employee shall notify the City Council in writing before taking more than five consecutive working days of vacation time, pre -scheduled sick leave , or otherwise being voluntarily absent from work for such period. Any requirement for department head or City Manager approval stated in the vacation or sick leave programs are not applicable to Employee.
(6) Cellular Phone . City shall provide Employee with a cellular telephone and service plan for both personal and professional use. The cell phone and service plan may be changed in the future in the same manner as is applicable to other management employees receiving City provided cell phones and plans. (7) Expenses. City recognizes that Employee may incur certain expenses of a non- personal and job related nature. City agrees to reimburse or to pay such business expenses, which are incurred and submitted according to City’s normal expense reimbursement procedures. To be eligible for reimbursement, all expenses must be supported by documentation meeting City’s normal requirements and must be submitted within time limits established by City.
(8) Bonding. City shall bear the full costs of any fidelity or other bonds required of Employee (if any) under any law or ordinance by virtue of her employment as City Clerk.

5. EVALUATIONS. Employee shall report to and may be evaluated by the City Council. Employee’s performance shall be reviewed every twelve (12) months.

Employee will request and schedule such reviews, as appropriate pursuant to City agenda procedures or as otherwise directed by City Council. Nothing in this paragraph is intended to limit additional interim evaluations or review or to limit the normal communications process between the City Council and Employee.

6. INDEMNIFICATION. Except as otherwise permitted, provided, limited or required by law, including without limitation California Government Code Sections 825, 995, and 995.2 through 995.8, the City will defend and pay any costs and judgments assessed against Employee arising out of an act or omission by Employee occurring in the course and scope of Employee's performance of her duties under this Agreement.

However, in the event City provides funds for legal criminal defense pursuant to this section and terms of the Government Code, Employee shall reimburse the City for such legal criminal defense funds if Employee is convicted of a crime involving an abuse of office or position, as provided by Government Code Sections 53243 – 53243.4.

7. AT-WILL EMPLOYMENT RELATIONSHIP.

A. Consistent with California Government Code Section 36506, Employee is appointed by and serves during the pleasure of the City Council. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of City to terminate this Agreement and the employment of Em ployee, with or without cause; provided however that City shall take no action to terminate services of Employee within ninety (90) days after an election at which members are elected to the City Council. City shall pay Employee for all services through the effective date of termination and Employee shall have no right to any additional compensation or payment, except for payment of benefits as provided under Section 4 accrued prior to the effective date of termination and severance payments as provided under Section 8 below.

B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign or retire from her employment with City (terminating this Agreement), subject only to Employee providing thirty (30) calendar days prior written notice to Employer.

8. SEVERANCE.

A. If Employer terminates this Agreement (thereby terminating Employee’s Employment), without cause, it shall do so upon thirty (30) days prior written notice to Employee and Employer shall pay Employee a lump sum severance benefit calculated as provided in this paragraph. On the effective date of this Agreement, the lump sum severance shall be equal to four (4) months of Employee’s then applicable base salary.

The applicable base salary shall be Employee’s base salary in effect on the effective date of termination.

B. If City terminates this Agreement (thereby terminating Employee’s Employment), with cause, Employee shall not be entitled to any severance. As used in this Agreement, cause shall mean any of the following:
(1) Conviction of a felony;
(2) Conviction of a misdemeanor arising out of Employee’s duties under this Agreement and involving a willful or intentional violation of law; (3) Willful abandonment of duties;
(4) A pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted policy decisions of the City Council made by the City Council as a body, or persistent and willful violation of properly established rules and procedures; and
(5) Any other action or inaction by Employee that materially and substantially impedes or disrupts the performance of City or its organizational units, or is detrimental to employee safety or public safety.

C. If Employee terminates this Agreement as provided in Section 7.B above, (thereby terminating all of Employee’s Employment), Employee shall not be entitled to any severance.

D. Any other term of this Agreement notwithstanding, the maximum severance that Employee may receive under this Agreement shall not exceed the limitations provided in Government Code Sections 53260 – 53264, or other applicable law. Further, in the event Employee is convicted of a crime involving an abuse of office or position, Employee shall reimburse the City for any paid leave or cash settlement (including severance), as provided by Government Code Sections 53243 – 53243.4.

9. INTEGRATION OF AGREEMENT . This Agreement contains the entire agreement between the parties and supersedes all prior oral and written agreements, understandings, commitments, and practices between the parties concerning Employee’s employment with the City. Each party to this Agreem ent acknowledges that no representations, inducements, promises, or agreements, oral or written, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding on either party.

10. METHOD OF AMENDMENT. No amendments to this Agreement may be made except by a writing signed and dated by City and Employee.

11. NOTICES. Any notice to City under this Agreement shall be given in writing to City, either by personal service or by registered or certified mail, postage prepaid, addressed to the City Manager at the City's then principal place of business. A courtesy copy shall be given to the City Attorney in a like manner. Any such notice to Employee shall be given in a like manner and, if mailed, shall be addressed to Employee at her home address then shown in City's files. For the purpose of determining compliance with any time limit in this Agreement, a notice shall be deemed to have been duly given (a) on the date of delivery, if served personally on the party to whom notice is to be given, or (b) on the third calendar day after mailing, if mailed to the party to whom the notice is to be given in the manner provided in this Article.

12. GENERAL PROVISIONS.

A. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances.

B. This Agreement sets forth the final, complete, and exclusive agreement between City and Employee relating to the employment of Employee as City Clerk by City. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The foregoing notwithstanding, Employee acknowledges that, except as expressly provided in this Agreement, her employment is subject to City’s generally applicable rules and policies pertaining to employment matters, such as those addressing equal employment opportunity, sexual harassment and violence in the workplace.

C. This Agreement shall be interpreted and construed pursuant to and in accordance with the local laws of the State of California and all applicable City Codes, Ordinances and Resolutions.

D. Employee acknowledges that she has had the opportunity and has conducted an independent review of the financial and legal effects of this Agreement.

Employee acknowledges that she has made an independent judgment upon the financial and legal effects of this Agreement and has not relied upon any representation of City, its officers, agents or employees other than those expressly set forth in this Agreement.

IN WITNESS WHEREOF , the parties have caused this Agreement to be signed and executed personally or on its behalf by its duly authorized representative.

E

MPLOYEE

______________________________
ADRIA M. JIMENEZ

C
ITY

By: _______________________________

JOYCE AHN, MAYOR

CITY OF BUENA PARK

ATTEST:

__________________________ (Seal)
Anna Almquist, CMC
Assistant City Clerk
November 12, 2025

NEW BUSINESS
Item No. 5E.

City Council Agenda Report
RESOLUTION OF EXEMPTION FROM CEQA REVIEW FOR THE POTENTIAL ACQUISITION OF CERTAINREAL PROPERTY LOCATED AT 7891 WHITAKER STREET (APN 277-052-27) TO ABATE A PUBLICNUISANCE

PREPARED BY PRESENTED BY
Matt Foulkes, Director of Community and Economic
Development
Matt Foulkes, Director of Community and Economic
Development

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Matt Foulkes, Director of Community & Economic
Development Aaron France, City Manager

RECOMMENDED ACTION
1) Adopt the attached Resolution making certain findings of fact and determining that the potential acquisition of that certain real property located in the City of Buena Park described below, including potential acquisition by eminent domain, to abate a public nuisance, is exempt from the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.); and 2) Direct staff to file the associated Notice of Exemption with the County of Orange.

PREVIOUS CITY COUNCIL ACTION
None.

DISCUSSION
CEQA applies to a "project approved by state or local governments." The term "project" is broadly defined as including any a action by a governmental agency, and (2) will either have a direct or reasonably foreseeable indirect impact on the environm If applicable, CEQA requires a governmental agency to evaluate the significance of a project’s environmental impacts before approving it, with the nature and scope of the analysis dictated by the significance of the environmental impacts that are identified in an “Initial Study.”  However, the Legislature has identified several types of “projects” which, by their nature, will not result in negative environmental impacts and thus are exempt from CEQA review.

Violations and Public Health and Safety Concerns
In October 2024, the City’s Code Enforcement Division and the County of Orange Health Department ("County") conducted an inspection at the property located at 7891 Whitaker Street in the City of Buena Park and identified as Orange County Tax Assessor’s Parcel Number 277-052-27 ("Subject Property") based on complaints received about cockroaches and general habitability of the Subject Property.  The Subject Property is approximately 1.05 acres in size and is located on the north side of Whitaker Street, east of Auto Center Drive.  The Subject Property is operated as a motel commonly known as the Coral Motel.

The inspection found more than 100 individual violations of state and local building, fire, and health and safety codes existing on the Subject Property.  Code Enforcement and the County found that multiple violations existed in every room they inspected at the Subject Property.  Many of these violations constituted a public nuisance and created imminent and ongoing public health and safety risks to guests and employees of the Subject Property.

Legal Nonconforming Use
The Subject Property has a General Plan Land Use designation of Commercial and a zoning classification of ACSP (Auto Center Specific Plan) Sub-District A-2 with a Mixed-Use Overlay-60 (Land Use Regulations). The use of the Subject Property as a motel is not a permitted use of the Property under the City’s Land Use Regulations, and the time period during which the Buena Park Zoning Code allows the Coral Motel to continue operating as a “legal nonconforming use” has expired.

More specifically, the ACSP was adopted by the City Council in 1997, with the intent of maintaining and enhancing the development of auto dealers and complementary auto-related uses along Auto Center Drive adjacent to the I-5 Freeway corridor. To that end, the ACSP restricts land uses on the Subject Property to auto sales, auto-related businesses, and allows full-service hotels, motels with a conditional use permit.

The Coral Motel on the Subject Property was developed before the City’s incorporation in 1954.  The Coral Motel was rendered a non-conforming use when the City adopted the ACSP in 1997.  Pursuant to Section 19.204.130 of the Buena Park Zoning Code and corresponding Table 19.204.100, nonconforming land uses that are operated in buildings of Coral Motel’s construction type must be removed or made conforming within 25 years from the date the building was constructed, or January 19, 1954, whichever is later. This specified time period is known as an “amortization period,” and the purpose is to provide property owners time to realize their financial investment in a non-conforming use (i.e. depreciate the capital improvements over a reasonable period of time), and give property owners adequate notice and time to either take action needed to make the use conforming, or remove and terminate the use. Accordingly, the 25-year amortization period has long since expired.

Public Nuisance Proceedings
Based on the public health and safety violations existing on the Subject Property, the scope of necessary repairs and improvements required, and the nonconforming status, the Planning Commission initiated proceedings on March 12, 2025, under Section 19.132.020 of the Buena Park Zoning Code to consider whether to terminate the Coral Motel as a nonconforming use and make corresponding findings that continued operation constituted a public nuisance. On April 23, 2025, the Planning Commission held a noticed public hearing and voted unanimously (5-0) to adopt a Resolution terminating the non-conforming motel use and declaring continued operation of said motel to be a public nuisance. The property owner appealed the Planning Commission’s decision and on June 24, 2025, the City Council held a public hearing on the issue and voted 5-0 to deny the property owner’s appeal.

The property owner was given notice of the City Council’s decision on June 30, 2025. As of the date of this report, the property owner has not taken action to terminate the current motel use on the Subject Property. In addition, the property owner has not obtained any building permits to complete the repair work needed to remedy the building code violations existing on the Property.  Accordingly, Coral Motel continues to be a public nuisance and poses public health and safety risks.

Consideration of Potential Acquisition of Subject Property to Abate Public Nuisance Based on the deteriorated conditions of the structures on the Subject Property, numerous violations of state and local building, fire, and health and safety codes, public health and safety concerns, and the property owner’s failure to take appropriate remedial action over the past year, City Staff believes that it is necessary for the City to consider the potential acquisition of the Subject Property, including by negotiated acquisition or by the exercise of the City’s power of eminent domain, to abate the existing public nuisance.

The acquisition of real property, whether by negotiated acquisition or by the use of eminent domain, may constitute a “project” within the meaning of CEQA. This means the City must first evaluate the potential environmental impacts of the proposed action under CEQA before moving forward to evaluate the viability of the proposed acquisition. Staff has reviewed the potential acquisition of the Subject Property, including acquisition by negotiated acquisition or by the use of eminent domain, and demolishing the existing non-conforming structures to abate the public nuisance conditions against the provisions of CEQA, and has identified several exemptions set forth in the CEQA Guidelines (14 Cal. Code Regs. Section 15000 et seq.) (CEQA Guidelines) that are appropriate:

Section 15301(i) of the CEQA Guidelines categorically exempts the minor alteration of existing public or private structures involving negligible or no expansion of existing or former use, including demolition and removal of small structures such as a motel and similar small commercial structures. The Subject Property is located in an urbanized area zoned for commercial use, and the three commercial motel buildings located on the property are each designed for occupancy by fewer than 30 persons. Here, the City’s potential acquisition of the Subject Property, including by negotiated acquisition or by eminent domain, and demolition of the existing dilapidated buildings represents the minor alteration of existing structures and no expansion of an existing or former use is contemplated.

Section 15321 of the CEQA Guidelines categorically exempts actions by regulatory agencies to enforce or revoke a land use entitlement issued or prescribed by the regulatory agency, or the enforcement of a law administered by the regulatory agency, including an order enforcing the entitlement for use or enforcing the general rule. Here, the City’s potential acquisition of the Subject Property, including by negotiated acquisition or by eminent domain, and demolition of existing dilapidated buildings is consistent with the enforcement of the City’s previous administrative determination of a public nuisance existing on the property and the land use regulations prescribed in the General Plan, Auto Center Specific Plan, and Buena Park Zoning Code; all of which contemplate and require immediate cessation of the illegal nonconformities in land use and building codes existing on the Subject Property. The City’s acquisition of the Subject Property and demolition of existing structures would eliminate existing illegal conditions. The City has made no determination regarding the future use of the Subject Property and no construction activities are contemplated.

Section 15332 (Class 32) of the CEQA Guidelines categorically exempts the potential acquisition of the Subject Property and the demolition of the existing dilapidated structures as an “infill development” because the Subject Property is located within an urbanized area and:  (1) such actions would cure illegal conflicts with general plan and zoning requirements and the resulting vacant site would be consistent with General Plan and zoning requirements; (2) the site is located within City limits and the developable area is less than five (5) acres; (3) the site has no value as a habitat for engaged, rare, or threatened species; (4) the proposed actions would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (5) the resulting vacant site is served by all required utilities and public services.

Pursuant to Section 15168 of the CEQA Guidelines, elimination of the illegal nonconforming use and dilapidated structures existing on the site is within the scope of the previously certified Program EIR for the Buena Park 2035 General Plan Update (SCH #2009111026) (hereinafter “Program EIR”). The Program EIR analyzed the environmental impacts of those properties in the subject area, including the Subject Property, being brought into compliance with applicable provisions of the Buena Park General Plan, Auto Center Specific Plan, and Buena Park Zoning Code, and demolition of existing dilapidated structures to abate the public nuisance and elimination of the illegal nonconforming use will ensure the Subject Property is brought into compliance with applicable Land Use Regulations.

Further, the potential acquisition of the Subject Property, by negotiated acquisition or by the use of eminent domain, to demolish the dilapidated and non-conforming structures to abate a public nuisance may comply with CEQA’s land acquisition rule set forth in CEQA Guidelines Section 15004(b)(2)(A) because said transaction would constitute a simple acquisition of property with no commitment to any future use and would not have the possibility to have a significant effect on the environment.  Any future use of the Subject Property would be subject to CEQA review.

The City’s goal in connection with the potential acquisition of the Subject Property is to eliminate the public nuisance. Currently, the City has no plans for development of the Subject Property and the City has not made any decisions regarding its potential future use.  Any such future use of the Subject Property would comply with the City’s Land Use Regulations and must be consistent with the ACSP and the General Plan. Further, the environmental effects of any future use or development of the Subject Property will be analyzed in accordance with CEQA.

The attached Resolution has been prepared for the City Council’s consideration and includes a recitation and findings of fact supporting a determination that the potential acquisition of the Subject Property, including by negotiated acquisition or by the use of the power of eminent domain, and demolition of the dilapidated structures to abate the existing public nuisance and illegal non-conforming use is exempt from CEQA pursuant to the above- referenced CEQA Guidelines.  Adopting the attached Resolution would authorize staff to analyze the feasibility of the acquisition of the Subject Property, including by negotiated acquisition or by the use of eminent domain, to demolish the existing structures and abate a public nuisance. Any future actions relating to this matter will require direction and approval of the City Council, including the approval of a Purchase and Sale Agreement if a negotiated acquisition is reached or consideration of the adoption of a resolution of necessity at a hearing if negotiations are not successful and City Staff recommends that the City Council consider the condemnation of the Subject Property, in the City Council’s sole discretion, and in accordance with applicable law.

BUDGET IMPACT
There is no budget impact associated with this action.

Attachments
Draft Resolution - 7891 Whitaker Street CEQA Determination.pdf RESOLUTION NO. ______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA

PARK, CALIFORNIA, APPROVING A NOTICE OF EXEMPTION

CONSISTENT WITH THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT FOR THE POTENTIAL ACQUISI TION OF THE
PROPERTY LOCATED AT 7891 WHITAKER STREET (APN 277-
052-27) TO ABATE A PUBLIC NUISANCE

WHEREAS, the City of Buena Park desires to review and consider the potential acquisition of the real property located at 7891 Whitaker Street , City of Buena Park, California, and identified as Orange County Tax Assessor’s Parcel Number 277-052-27 (Subject Property), including by negotiated acquisition or by the City’s power of eminent domain, for public purposes to abate the public nuisance conditions by demolishing the existing non- conforming structures and removing the unlawful non-conforming use existing at the Subject Property (Project) consistent with the goals, policies, and public purposes set forth in the City of Buena Park Auto Center Specific Plan (ACS) and the City of Buena Park General Plan; and WHEREAS, in October 2024, the City’s Code Enforcement and the County of Orange Health Department (County) conducted an inspection at the Subject Property based on complaints received about cockroaches and general habitability of the Subject Property. The Subject Property is approximately 1.05-acres in size and is located on the north side of Whitaker Street east of Auto Center Drive. The Subject Property is operated as a motel commonly known as the Coral Motel; and
WHEREAS, the inspection found more than one hundred individual violations of state and local building, fire, and health and safety codes existing on the Subject Property. Code Enforcement and the County found that multiple violations existed in every room they inspected at the Subject Property. Many of these violations constituted a public nuisance and created imminent and ongoing public health and safety risks to guests and employees of the Subject Property; and
WHEREAS, the Subject Property has a General Plan Land Use designation of Commercial and a zoning classification of ACSP (Auto Center Specific Plan) Sub-District A-2 with a Mixed-Use Overlay-60 (Land Use Regulations). The use of the Subject Property as a mo tel is not a permitted use of the Property under the City’s Land Use Regulations, and the time period during which the Buena Park Zoning Code allows the Coral Motel to continue operating as a “legal non-conforming use” has expired; and
WHEREAS, based on the public health and safety violations existing on the Subject Property, the scope of necessary repairs and improvements required, and the non- conforming status, the Planning Commission initiated proceedings on March 12, 2025 under Section

19.132.020 of the Buena Park Zoning Code to consider whether to terminate the Coral Motel as a non-conforming use and make corresponding findings that continued operation constituted a public nuisance. On April 23, 2025, the Planning Commission held a noticed public hearing and

RESOLUTION NO. _______

voted unanimously (5 -0) to adopt a Resolution terminating the non -conforming motel use and declaring continued operation of said motel to be a public nuisance. The property owner appealed the Planning Commission’s decision and on June 24, 2025, the City Council held a public hearing on the issues and voted 5-0 to deny the property owner’s appeal; and WHEREAS, the property owner was given notice of the City Council’s decision on June 30, 2025. As of November 3, 2025, the property owner had not taken action to terminate the current motel use on the Subject Property. In addition, the property owner has not obtained any building permits to complete the repair work needed to remedy the building code violations existing on the Property. Accordingly, Coral Motel continues to be a public nuisance and poses public health and safety risks; and
WHEREAS, the City wishes to analyze the feasibility of the potential acquisition of the Subject Property for the public purpose of abating the public nuisance conditions by demolishing the existing non-conforming structures and removing the unlawful non-conforming use; and WHEREAS, the acquisition of real property to abate a public nuisance, whether by negotiated acquisition or by the use of eminent domain, may constitute a “project” within the meaning of the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.) and the potential environmental impacts of said potential acquisition must be evaluated under CEQA and its implementing CEQA Guidelines (14 Cal. Code Regs. Section 15000 et seq.); and
WHEREAS, Section 15301(i) of the CEQA Guidelines categorically exempts the minor alteration of existing public or private structures involving negligible or no expansion of existing or former use, including demolition and removal of small structures such as a motel and similar small commercial structures. The Subject Property is in an urbanized area zoned for commercial use, and the three commercial motel buildings located on the property are each designed for occupancy by fewer than 30 persons. Here, the City’s potential acquisition of the Subject Property, including by negotiated acquisition or by eminent domain, and demolition of the existing dilapidated buildings to abate a public nuisance represents the minor alteration of existing structures and no expansion of an existing or former use is contemplated; and WHEREAS, Section 15321 of the CEQA Guidelines categorically exempts actions by regulatory agencies to enforce or revoke a land use entitlement issued or prescribed by the regulatory agency, or the enforcement of a law administered by the regulatory agency, including an order enforcing the entitlement for use or enforcing the general rule. Here, the City’s potential acquisition of the Subject Property, including by negotiated acquisition or by eminent domain, and demolition of existing dilapidated buildings is consistent with the enforcement of the City’s previous administrative determination of a public nuisance existing on the Subject Property and the Land Use Regulations prescribed in the General Plan, Auto Center Specific Plan, and Buena Park Zoning Code; all of which contemplate and require immediate cessation of the illegal nonconformities in land use and building codes existing on the Subject Property. The C ity’s acquisition of the Subject Property and demolition of existing structures would eliminate existing illegal conditions. The City has made no determination regarding the future use of the Subject Property and no construction activities are contemplated; and

RESOLUTION NO. _______

WHEREAS, Section 15332 (Class 32) of the CEQA Guidelines categorically exempts the potential acquisition of the Subject Property and the demolition of the existing dilapidated structures as an “infill development” because the Subject Property is located within an urbanized area and: (1) such actions would cure illegal conflicts with general plan and zoning requirements and the resulting vacant site would be consistent with General Plan and zoning requirements; (2) the site is located within City limits and the developable area is less than five (5) acres; (3) the site has no value as a habitat for engaged, rare, or threatened species; (4) the proposed actions would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (5) the resulting vacant site is served by all required utilities and public services; and WHEREAS, pursuant to Section 15168 of the CEQA Guidelines, elimination of the illegal nonconforming use and dilapidated structures existing on the site is within the scope of the previously certified Program EIR for the Buena Park 2035 General Plan Update (SCH #2009111026) (hereinafter “Program EIR”). The Program EIR analyzed the environmental impacts of bringing the properties in the subject area , including the Subject Property, into compliance with applicable provisions of the Buena Park General Plan, Auto Center Specific Plan, and Buena Park Zoni ng Code. D emolition of existing dilapidated structures to abate the public nuisance and elimination of the illegal nonconforming use will ensure the Subject Property is brought into compliance with applicable Land Use Regulations; and WHEREAS, the potential acquisition of the Subject Property, by negotiated acquisition or by the use of eminent domain, to abate a public nuisance and demolish the dilapidated structures may comply with CEQA’s land acquisition rule set forth in CEQA Guidelines Secti on 15004(b)(2)(A) because said transaction would constitute a simple acquisition of property with no commitment to any future use and would not have the possibility to have a signif icant effect on the environment. Any future use and development of the Subject Property would be subject to environmental review under CEQA; and
WHEREAS, in connection with considering the feasibility of the Project, the City Council for the City of Buena Park has reviewed the Project in context of the requirements of CEQA, and based on the substantial evidence presented , it desires to adopt this Resolution finding and declaring the potential acquisition of the Subject Property and demolishing the existing non- conforming structures to abate a public nuisance as exempt from further CEQA review.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK , CALIFORNIA, DOES HEREBY DECLARES, FINDS, AND RESOLVES AS FOLLOWS:

Section 1. That based on the substantial evidence presented to the City Council in connection with this matter, including but not limited to staff reports, presentations, and public comment, the City Council finds and declares that the foregoing recitals are true and correct; and further, that said evidence supports the additional findings and determinations set forth below.

Section 2. The City Council finds and declares that initiating the potential acquisition of the Subject Property to eliminate a public nuisance, and demolishing the dilapidated structures and removing the unlawful non-conforming use, whether by negotiated acquisition or by the power of eminent domain, and any such acquisition of the Subject Property is exempt from further environmental review under the California Environmental Quality Act because:

RESOLUTION NO. _______

(a) Section 15301(i) of the CEQA Guidelines categorically exempts the minor alteration of existing public or private structures involving negligible or no expansion of existing or former use, including demolition and removal of small structures such as a motel and similar small commercial structures. The Subject Property is located in an urbanized area zoned for commercial use, and the three commercial motel buildings located on the property are each designed for occupancy by fewer than 30 persons. Here, the C ity’s potential acquisition of the Subject Property, including by negotiated acquisition or by eminent domain, and demolition of the existing dilapidated buildings represents the minor alteration of existing structures and no expansion of an existing or former use is contemplated.
(b) Section 15321 of the CEQA Guidelines categorically exempts actions by regulatory agencies to enforce or revoke a land use entitlement issued or prescribed by the regulatory agency, or the enforcement of a law administered by the regulatory agency, including an order enforcing the entitlement for use or enforcing the general rule. Here, the City’s potential acquisition of the Subject Property, including by negotiated acquisition or by eminent domain, and demolition of existing dilapidated buildings is consi stent with the enforcement of the City’s previous administrative determination of a public nuisance existing on the property and the land use regulations prescribed in the General Plan, Auto Center Specific Plan, and Buena Park Zoning Code; all of which contemplate and require immediate cessation of the illegal nonconformities in land use and building codes existing on the Subject Property. The City’s acquisition of the Subject Property and demolition of existing structures would eliminate existing illegal conditions. The City has made no determination regarding the future use of the Subject Property and no construction activities are contemplated.
(c) Section 15332 (Class 32) of the CEQA Guidelines categorically exempts the potential acquisition of the Subject Property and the demolition of the existing dilapidated structures as an “infill development” because the Subject Property is located within an urbanized area and: (1) such actions would cure illegal conflicts with general plan and zoning requirements and the resulting vacant site would be consistent with General Plan and zoning requirements; (2) the site is located within City limits and the developable area is less than five (5) acres; (3) the site has no value as a habitat for engaged, rare, or threatened species; (4) the proposed actions would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (5) the resulting vacant site is served by all required utilities and public services. (d) Pursuant to Section 15168 of the CEQA Guidelines, elimination of the illegal nonconforming use and dilapidated structures existing on the site is within the scope of the previously certified Program EIR for the Buena Park 2035 General Plan Update (SCH #2009111026) (hereinafter “Program EIR”). The Program EIR analyzed the enviro nmental impacts of bringing those properties in the subject area, including the Subject Property, into compliance with applicable provisions of the Buena Park General Plan, Auto Cent er Specific Plan, and

RESOLUTION NO. _______

Buena Park Zoning Code. Demolition of existing dilapidated structures to abate the public nuisance and elimination of the illegal nonconforming use will ensure the Subject Property is brought into compliance with applicable Land Use Regulations.
(e) The potential acquisition of the Subject Property, by negotiated acquisition or by the use of eminent domain, and demolishing the dilapidated structures and removing the non-confirming use, to abate a public nuisance may comply with CEQA’s land acquisition rule set forth in CEQA Guidelines Section 15004(b)(2)(A) because said transaction would constitute a simple acquisition of property with no commitment to an y future use and would not have the possibility to have a signif icant effect on the environment. A ny future use or development of the Subject Property would be subject to environmental review under CEQA.

Section 3. The City Council hereby approves a “Notice of Exemption” (“NOE”) for the Project and authorizes and directs staff to finalize and file the NOE with the County of Orange, in accordance with the requirements of CEQA and the CEQA Guidelines.

Section 4. This Resolution shall become effective immediately, and the Mayor is hereby authorized to affix the Mayor’s signature to this Resolution signifying its adoption by the City Council of the City of Buena Park.

Section 5. The City Clerk shall certify to the adoption of this Resolution and shall record it in the original book of resolutions.

PASSED AND ADOPTED this 12th day of November, 2025 by the following called vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
_________________________________
Mayor

ATTEST:
_______________________________
City Clerk

RESOLUTION NO. _______

I, Adria M. Jimenez , MMC, City Clerk of the City of Buena Park, California, hereby certify that the foregoing r esolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park, held this _____ day of November 2025. _________________________________
City Clerk
November 12, 2025

NEW BUSINESS
Item No. 5F.

City Council Agenda Report

CONSIDERATION OF AN ORDINANCE REGULATING THE SALE AND DISTRIBUTION OF NITROUS OXIDE

PREPARED BY PRESENTED BY
Christopher G. Cardinale, City Attorney Christopher G. Cardinale, City Attorney

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Matt Foulkes, Director of Community & Economic
Development Aaron France, City Manager

RECOMMENDED ACTION
1) Adopt an Ordinance adding Chapter 8.54 to the Buena Park Municipal Code regulating the retail sale anddistribution of nitrous oxide for recreational use in the City of Buena Park.

PREVIOUS CITY COUNCIL ACTION
None. This item was co-calendared at the request of Councilmember Lamiya Hoque and Vice Mayor Traut.

DISCUSSION
Nitrous oxide, commonly referred to as "laughing gas," is a colorless, non-flammable gas that is widely used by healthcare professionals for medical and dental anesthesia. Nitrous oxide takes effect rapidly and dissipates from the body, making it a primary choice for effective pain relief and minor medical procedures. When administered under the supervision of a licensed healthcare provider, nitrous oxide is considered safe and effective. Beyond medical applications, nitrous oxide has various industrial and commercial uses. It can be utilized to enhance engine performance in the automobile industry and serves as a preservative or propellant for dispensing and preserving whipped cream, as well as producing other aerated foods, desserts, or beverages.

Unfortunately, the use of nitrous oxide for recreational purposes has emerged as a public health issue, with public health authorities linking the recreational misuse of nitrous oxide to serious health problems. Short-term health effects of nitrous oxide use include disorientation, nausea, blackouts and impaired motor control, which pose immediate risks to both users and the public, especially when combined with driving or public disturbances. More troubling are the long-term effects of chronic misuse, which include vitamin B12 depletion, irreversible nerve damage, paralysis, cognitive impairments, and even death.

Regulation of nitrous oxide falls under the jurisdiction of the Food and Drug Administration (FDA) and is considered a legal substance because of its numerous legitimate applications. It is neither regulated by the Drug Enforcement Agency (DEA) nor controlled under the Controlled Substances Act, making its possession lawful, provided it is used for legitimate purposes. However, the sale or distribution of nitrous oxide for human consumption without a valid medical prescription is prohibited, with violations classified as federal misdemeanors and carrying penalties of up to one year in federal prison and fines of up to $100,000.

California Penal Code Section 381b makes it illegal to possess or use nitrous oxide for the purpose of intoxication, but the statute does not adequately deter sales under the “culinary use” loophole; largely because it requires law enforcement to provide an "intent" element. As a result, nitrous oxide is frequently sold at tobacco-related establishments, including vape shops, cigar shops, smoke shops, and other retail outlets throughout the City. The availability of nitrous oxide in such establishments facilitates recreational misuse/abuse by making it easily accessible to youth and adults, and this availability combined with the relatively low-cost has caused the recreational use of nitrous oxide to gain popularity at an alarming rate, particularly among college students, high schoolers, and even middle school-aged children.

The misuse of nitrous oxide has been linked to multiple documented vehicle accidents in the County over the past few years, and the Orange County Health Care Agency issued a special report in August 2025 analyzing the increased incidents and risks associated with recreational use, and making various policy recommendations to address the health crisis (Attachment B). Several jurisdictions throughout Orange County - including Santa Ana, Costa Mesa, Newport Beach, and the County of Orange - have recently moved to close this loophole in state law by adopting ordinances that directly prohibit the sale, distribution and recreational use of nitrous oxide.

By adopting a similar local ordinance, the City of Buena Park can safeguard public health and provide law enforcement with a clear and enforceable tool to reduce misuse. A municipal ban on the sale, distribution and recreational use of nitrous oxide will help close regulatory gaps, reduce youth access, limit public nuisance impacts and affirm the City’s commitment to proactive public safety. A draft ordinance to this effect is presented with this report for the City Council's consideration.

ENVIRONMENTAL REVIEW
This ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Regs. § 15378(a).) Further, the ordinance is exempt from CEQA because there is no possibility that the ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).)

BUDGET IMPACT
There is no budget impact associated with this item, apart from administration and enforcement costs that will be partially offset by the recovery of fines and penalties for violations.

Attachments
Attachment A - Draft Ordinance - Chapter 8.54 NOx Regulation.pdf Attachment B - Orange County Health Care Agency - Nitrous Oxide Report ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BUENA
PARK, CALIFORNIA , ADDING CHAPTER 8 .54 TO THE BUENA

PARK MUNICIPAL CODE REGULATING THE RETAIL SALE AND

DISTRIBUTION OF NITROUS OXIDE FOR RECREATIONAL USE

IN THE CITY

A. Recitals.

(i) The City of Buena Park (“City”) is a California charter city with plenary authority over all “municipal affairs” and the broad “police powers” vested by California’s Constitution, pursuant to which it may make and enforce laws necessary to protect and pres erve the health, safety, and welfare of residents, subject only to enactments by the California Legislature on matters of “statewide concern”;

(ii) Nitrous oxide is an odorless, colorless chemical that can be inhaled for legitimate purposes associated with medical or dental procedures in a clinical setting, and is legitimately used for industrial purposes or as a propellant for food products;

(iii) Nitrous oxide is also subject to recreational misuse and abuse, in part because it is relatively inexpensive and easy to purchase, and m edical studies have demonstrated that recreational use of nitrous oxide causes negative long-term health effects including hematological impacts, such as permanent vitamin deficiencies in the blood, and neurological effects including paralysis or death;

(iv) California law currently regulates the recreational use and sale of nitrous oxide by:
prohibiting the possession of nitrous oxide with the intent of inhaling it for intoxication; prohibiting sale to persons under 18 years of age; requiring retailers give warnings to and keep records of persons that purchase nitrous oxide; and making it a misdemeanor to knowingly dispense nitrous oxide to a person for unlawful purposes if that person subsequently causes death or great bodily injury to themselves or another;

(v) Despite existing California law, over the past decade the incidences of misuse and abuse have been on the rise in the community, with the recreational use of n itrous oxide being associated with multiple traffic and criminal incidents in the past several years, and nitrous oxide being offered for sale in local liquor stores, gas stations, food marts, tobacco shops, and similar establishments that lack any nexus to legitimate uses of nitrous oxide;

(vi) The City does not currently regulate the sale of nitrous oxide, and the City Council finds and declares that in the absence of local regulation nitrous oxide poses a significant risk of being misused and abused because it may be easily acquired by and sold to individuals intending to misuse or abuse the product; and

(vii) The City desires to adopt a local ordinance regulating the sale of nitrous oxide for recreational purposes in an effort to discourage retailers of nitrous oxide products from selling to individuals whom they know intend to use the product for illegal purposes , and the City Council finds and declares that this ordinance is necessary to protect and preserve the health, safety, and general welfare of the community.

(viii) All legal prerequisites to the adoption of this Ordinance have occurred.

B. Ordinance.

NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF BUENA PARK, CALIFONRIA, ORDAINS AS FOLLOWS:

SECTION 1. The facts set forth in the Recitals, Part A, of this Ordinance are true and correct, and incorporated into this ordinance as substantive fundings.

SECTION 2. Chapter 8.54 (Nitrous Oxide Prohibitions and Regulations) is hereby added to Title 8 (Health Safety & Welfare) of the Buena Park Municipal Code to read as follows:

Chapter 8.54 REGULATION OF NITROUS OXIDE.

Section 8.54.010 Authority and Purpose.

Section 8.54.020 Definitions.

Section 8.54.030 Prohibition on Sale or Distribution of Nitrous Oxide.

Section 8.54.040 Exceptions to Prohibition.

Section 8.54.050 Violations and Penalties.

______________________________________________________________________

Section 8.54.010 Authority and Purpose.

This article is enacted pursuant to the City’s plenary police powers to protect the public safety, health and welfare. The purpose of this Chapter is to protect the public health and safety by eliminating retail access for recreational use of nitrous oxide, a dangerous gas that is illicitly used as an intoxicant.

Section 8.54.020 Definitions.

For purposes of this Chapter, the following definitions apply.

A. "Nitrous oxide device" means any cartridge, compressed gas cylinder, apparatus, container, balloon, attachment, nozzle, or any other object used to contain, dispense, inhale, ingest, or administer nitrous oxide. A nitrous oxide device may at times be informally or colloquially referred to as a whippet, nang, nos canister, cannies, dusters, laughing gas canister, amongst others.

B. ''Nitrous oxide" means the colorless nonflammable gas sometimes identified as N20, dinitrogen monoxide, dinitrogen oxide, or nitrogen oxide, or sometimes informally as laughing gas, NOX , or galaxy gas, amongst others. For purposes of this chapter, nitrous oxide includes any substance containing nitrous oxide.

C. "Person" means any individual , business, or legal entity however constituted or organized.

D. "Wholesale capacity" means sale of or distribution of nitrous oxide or a nitrous oxide device to a person that will use it in service or products for resale. Examples include, but are not limited to, commercial sale of dentistry supplies to dentists or dentistry offices, commercial sale of nitrous oxide or nitrous oxide devices for use in food production or commercial kitchens (e.g., whipped cream canisters).

Section 8.54.030 Prohibition on Sale or Distribution of Nitrous Oxide.

Except as otherwise authorized by law or this Chapter, it is unlawful for any person to sell, attempt to sell, offer for sale, distribute or otherwise provide to any person nitrous oxide or any nitrous oxide device.

Section 8.54.040 Exceptions to Prohibition.

This chapter does not apply to the sale, attempt to sell, offering for sale, distribution, or other manner of providing nitrous oxide or a nitrous oxide device in the following circumstances:

A. If the nitrous oxide is contained in a food product for use as a propellant.

B. If the nitrous oxide or nitrous oxide device is being sold, attempted to be sold, offered for sale, or distributed to a person in a wholesale capacity for uses similar to those described in subsection (D) of section 8. 54.020. This exemption only applies if the wholesaler does not know or have reason to know that person intends to use the nitrous oxide or nitrous oxide device in violation of section 8.54.030.

C. If the nitrous oxide or nitrous oxide device that is being sold, attempted to be sold, offered for sale, or distributed is specifically designed for use in a vehicle to enhance the performance of the vehicle.

D. If the nitrous oxide is being sold, attempted to be sold, offer for sale, or distributed specifically for the purpose of providing medical or dental care, by or at the direction and under the supervision of, a medical or dental practitioner licensed by the State of California and in accordance with all applicable rules and regulations.

E. If the nitrous oxide or nitrous oxide device is being sold, attempted to be sold, offered for sale, distributed, or dispensed by a pharmacist, pharmacist intern, or pharmacy in the course of their duties as a pharmacist or pharmacist intern, or wholesalers licensed by the California State Board of Pharmacy. The terms pharmacist, pharmacist intern, and pharmacy shall have meaning set forth in California Business and Professions Code sections 4030, 4036, and 4037, as the same may be amended from time to time.

F. Or any other circumstances exempted under law.

Section 8.54.050 Violations and Penalties.

Any person who violates this chapter is guilty of a misdemeanor offense and upon conviction thereof may be fined up to $1,000 and sentenced up to six (6) months in the county jail. Additionally, any person who violates this Chapter is subject to administrative citation in accordance with Chapter 1.04 of this Municipal Code. This section shall be in addition to any other legal remedies or actions that the City may have to address violations of this Chapter.

SECTION 2. CEQA. This ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Regs. § 15378(a).) Further, the ordinance is exempt from CEQA because there is no possibility that the ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).) The City Clerk may cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.

SECTION 3. SEVERABILITY. The City Council declares that, should any provision, section; paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the rem aining provisions, sections, paragraphs, sentences, and words of this ordinance shall remain in full force and effect. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion hereof and intends that the invalid portions should be severed, and the balance of the ordinance be enforced.

SECTION 4. EFFECTIVE DATE. This ordinance shall take effect 30 days after its passage and adoption pursuant to California Government Code section 36937.

SECTION 5. CERTIFICATION. The City Clerk of the City of Buena Park shall certify to the passage of the ordinance and shall cause the same to be posted in the manner required by law.

PASSED AND ADOPTED this ______ day of _______ 2025, by the following called vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

__________________________________
Mayor

ATTEST:

_______________________________
City Clerk

I, Adria M. Jimenez, MMC, City Clerk of the City of Buena Park, California, do hereby certify that the foregoing ordinance was introduced and passed at a regular meeting of the City Council of the City of Buena Park held on the ______ day of _______, 2025

_________________________________
City Clerk

1 OC Health Care Agency – Health Officer Special Report 2

August 2025.

OC Health Care Agency. (2025). Special Report - Nitrous Oxide: Assessment of Use and Policy Recommendations.

Link:

OC Health Care Agency – Health Officer Special Report 3

Table of Contents
Context for this Special Report ..................................................................................................................... 4 Executive Summary 4
Background 5
Adverse Effects and Toxicology ............................................................................................................... 6 Substance Misuse and Dependence Potential 6
Data on Use 8
Global ....................................................................................................................................................... 9 National .................................................................................................................................................... 9 State ....................................................................................................................................................... 10 California Emergency Department and Hospitalization Data (2018–2023) ....................................... 11 Key Findings from 2018 to 2023: ...................................................................................................... 11 Mortality Data .................................................................................................................................... 13 Orange County Data .............................................................................................................................. 13 Orange County Emergency Department and Hospitalization Data (2018 –2023) ............................. 13 Key findings from 2018-2023: ........................................................................................................... 14 Comparing Orange County to California Trends in Nitrous Oxide Use ............................................ 15 Orange County Mortality Data .......................................................................................................... 16 Orange County- Insights from the Community....................................................................................... 16 Orange County K-12 School Insights ............................................................................................... 17 Orange County - First Responder and Local Clinician Insights ........................................................ 20 Orange County Fire Authority Insights ............................................................................................. 22 Regulatory Efforts - Laws and Ordinances 22
National Public Health and Regulatory Efforts ....................................................................................... 22 Existing Law in California ....................................................................................................................... 23 California Local Government Ordinances and other Local Actions ....................................................... 23 Orange County Local Ordinance ........................................................................................................... 24 Public Health Considerations and Recommendations 24
Improve Data Collection and Surveillance ............................................................................................. 26 Improve Awareness ............................................................................................................................... 24 Limiting Access for Illicit Misuse ............................................................................................................ 25 Conclusion 26
References .................................................................................................................................................. 27

OC Health Care Agency – Health Officer Special Report 4

CONTEXT FOR THIS SPECIAL REPORT
This report was created under the direction from the Orange County Board of Supervisors (Board) on February 11, 2025, when the Board approved an ordinance, which bans the sale or distribution of nitrous oxide for recreational use. The report contains local background information about nitrous oxide misuse, availability, and impact throughout Orange County (OC). Information in the report is the result of a collective effort by healthcare leaders at the OC Health Care Agency (HCA) as well as information gathered from other agencies, organizations, and businesses across the county. This report was written in a comprehensive manner to help inform a wide range of stakeholders in the community, including healthcare professionals, first responders, community organizations, and lawmakers of this emerging issue, despite limitations in data.

EXECUTIVE SUMMARY
Illicit use of nitrous oxide (“laughing gas”) is an emerging public health concern in Orange County, reflecting anecdotal and documented trends observed both nationally and globally in recent years. Traditionally used for medical and commercial purposes, nitrous oxide has been increasingly misused for its short-term euphoric effects. Reports from community stakeholders, law enforcement, first responders and clinical providers in Orange County suggest a rise in illnesses associated with this misuse, particularly among adolescents and young adults. Nitrous oxide misuse has led to documented neurological harm, impaired judgement, and traffic accidents.

Comprehensive data on the prevalence and health impacts of nitrous oxide in California and Orange County remains limited. Data from emergency department visits, hospitalizations, and poison control center calls related to nitrous oxide misuse are currently limited and/or unavailable - whether due to lack of systematic collection, underreporting, or absence of mechanisms specifically designed to capture this information. This gap in data creates challenges in fully understanding local trends which is helpful in the development of effective, evidence-based interventions.

Several states and jurisdictions - including Orange County - have only recently begun enacting ordinances restricting the sale or possession of nitrous oxide cartridges outside of legitimate uses. We are in our infancy in understanding the full long-term effects of this substance on the residents of Orange County.

As Orange County continues to prioritize the health and safety of its residents, a more coordinated and comprehensive response is needed. This includes raising awareness among providers and the public, exploring potential policy and regulatory strategies to curb misuse, and strengthening local data collection and surveillance systems to better monitor emerging substance use trends.

OC Health Care Agency – Health Officer Special Report 5

Gaining a better understanding of the scope of this emerging issue is the first step we can all take to creating a comprehensive response tailored to our community’s needs.

BACKGROUND
Misuse of nitrous oxide - commonly known as “laughing gas,” “whippets,” or “NOS” is a growing public health and safety concern. Originally used for medical and industrial purposes, nitrous oxide is increasingly misused by adolescents and young adults for its euphoric and dissociative effects.

Recent accounts from the community regarding the misuse of nitrous oxide illustrate the negative impacts of its increasing use and availability. Nitrous intoxication has been linked to vehicle accidents in Orange County, most notably the fatal collision among 7 young people, killing three.1 More recently, Tustin police arrested a driver who was actively inhaling nitrous oxide behind the wheel and seized nearly 90 canisters of nitrous oxide from the vehicle in late August 2025. 2
“Nitrous Oxide is prevalent in the community. It’s at party scenes and planned social media meet ups.” Deputy Chief Julian Rodriguez, Santa Ana Police Department. “As a neurologist, it is concerning that more recently I have seen more young adults in their 30’s and 40’s who now have difficulty walking because of significant degeneration of the spinal cord related to nitrous oxide use” Dr. Joey Gee, local neurologist . “Some stories are memorable and haunting. A 17-year-old patient flatly told me his story.

He and his best-friend were sitting on a roof, using nitrous, when his friend lost consciousness and rolled down and off the edge. His friend would never walk again b ut his nitrous use continued.” – Dr. Jonathan Watson, Correctional Health Medical Director, OC Health Care Agency.

Local medical professionals have also cited increases in the number of people using nitrous illicitly and developing serious complications, including memory issues, worsening mood disorders, psychosis, hallucinations, neurologic deficits, and spinal cord degeneration. These providers describe their patients were under the impression that nitrous oxide use is safe and cannot lead to health problems.3 This report provides an overview of local trends, associated risks, community impact, and a look at the ordinances enacted or considered by lawmakers for reducing harm and improving enforcement.

Nitrous oxide (N2O) is a colorless, nonflammable gas that has legitimate use in health care, culinary, automotive, and electronics industries. Nitrous oxide has long been used in the medical community for its analgesic and anesthetic properties. 4,5,6 Its commercial use in the automotive industry includes enhancing engine performance, and in the electronics industry in the assembly of semiconductors. 7 In the culinary industry, it has been used to create light and whipped textures, among other uses. 8,9,10,11,12

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Alongside its legitimate applications, nitrous oxide has become an increasing public health concern due to the growing misuse for purposes of getting high. The widespread availability of canisters designed for non-medical use has made it easier to obtain the gas.

Since 2010, manufacturers have increasingly marketed colorful and visually appealing canisters - often with branding that appears to target younger audiences. These canisters are usually marked for food-grade use but are in larger containers and infused with flavors that are not typical of use in the culinary industry. These marketing efforts have been further amplified by social media platforms, where pop stars and rap artists have glamorized misuse of this substance.

Reflecting these mounting concerns, the US Food and Drug Administration (FDA) issued an advisory on March 14, 2025, warning consumers against inhaling or misusing nitrous oxide from any size canister, tank, or charger, citing the risk of severe health consequences, including death. This warning was updated on June 4, 2025, to include an extended list of brand name nitrous oxide products.

The ease of access to nitrous oxide and the widespread perception of it as a “safe high” have contributed to its rising illicit use—locally, nationally, and globally. In response to these growing concerns and the associated risks to individual and public safety, interest is mounting in strategies to restrict access and prevent misuse of this substance. This report is meant to provide a review of current data on the misuse of nitrous oxide in Orange County. Of note, nitrous oxide is only one of many other easily accessed substances that can be inhaled for to achieve a high. Other substances include spray paints, correction fluids, glues, cleaning fluids, and other substances like amyl nitrate (poppers). The misuse and negative effects of other inhalants are beyond the scope of this report. Readers should know that like nitrous oxide, these are also easily accessed over the counter and when misused, can also contribute to severe health problems and even death.

Adverse Effects and Toxicology
Nitrous oxide, when inhaled over prolonged periods or used repeatedly, can be extremely harmful. Nitrous oxide interferes with vitamin B12, which is essential for nerve and blood health. Inappropriate use can cause:
• Damage to the nervous system that can lead to numbness, tingling, trouble walking, memory issues or mood changes, and the onset of bizarre behavior, psychosis or mood disorders.
• Severe cases can lead to the condition called subacute combined degeneration (SCD) of the spinal cord and death.
• Blood problems such as low red blood cell counts or anemia, and even heart disease. 13,14,15,16
• Adverse reproductive effects that are toxic to the developing fetus.

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People with underlying conditions or impaired vitamin B12 metabolism (Example: MTHFR deficiency - methylenetetrahydrofolate reductase gene) can be more vulnerable to its harmful effects.

Additionally, the method of inhalation, level of ventilation, and other factors can pose a risk. For example, higher concentrations of nitrous oxide exposure without adequate oxygenation or ventilation, can increase the risk of suffocation, while exposure to freezing temperatures upon contact of freezing depressurized tanks can cause thermal, burn injuries, whereas direct inhalation from pressurized tanks can lead to soft tissue injury or collapsed lung. 17

SUBSTANCE MISUSE AND DEPENDENCE POTENTIAL
The misuse of nitrous oxide, where people intentionally seek to use the substance for the purpose of experiencing the rapid, short-lived euphoric high, is meeting growing concern with reports of increased misuse. This calls into question where individuals may be accessing nitrous oxide when not being used appropriately in the medical, automotive, electronics, or culinary fields.

Nitrous oxide is easily accessed and can be purchased online, at smoke shops, retail stores and specialty stores. It is known as “whippits,” “whip-its,” “whippets,” “hippie crack,” “nangs,” “funky balls,” and “galaxy gas.”
Misuse is commonly done by inhaling the gas by utilizing a “cracker” (small handheld flashlight-sized item that allows the user to quickly transfer gas into a balloon), or an adaptor. Escaping gas is captured in a balloon and inhaled to get a short-lasting euphoric sensation, typically several minutes, depending on the amount of gas inhaled.

The euphoria and dissociation caused by inhalation of nitrous oxide is often referred to as a “legal high.” Referring to its availability for legitimate use in medical, food, automotive settings. Once inhaled, nitrous oxide dissolves rapidly in the bloodstream, reaching the brain within seconds, and causing a sensation of well-being. 18 Laboratory studies with healthy adults have confirmed the presence of this dose-dependent sensation of pleasure at concentrations of 10 to 50%. The sensation peaks at two to three minutes and subsides within 15 to 20 minutes.19,20,21
Nitrous oxide use can cause intense vasodilation, which is an extreme widening of the blood vessels leading to a significant decrease in blood pressure, potentially causing circulatory shock, which is where the body’s circulatory system fails to deliver enough oxygen and nutrients to the body’s tissues and organs, low blood pressure, and rapid heart rate within seconds of inhalation. Effects are brief and estimated to last less than five minutes.

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In some cases, individuals inhale the gas directly through cartridge nozzles or adaptors.

When inhaled in this manner, contact from direct spraying or spilling of liquified gas or from the decrease in temperature of the depressurized canister can lead to contact burn injury around the mouth, face, or extremities. Several case reports have demonstrated cryogenic burn injury as well as barotrauma (injuries caused by a difference in pressure between the body and its surroundings) to the airway and lungs. 22,23 Illicit users of nitrous oxide gas are also more susceptible to asphyxiation and oxygen deprivation depending on the purity of the gas and the absence of oxygen-mixing.

Those who misuse nitrous oxide has presented to emergency departments with a range of neurologic symptoms including numbness or electric sensations, weakness in the legs and difficulty walking, genitourinary problems, confusion and personality changes, and other neuropsychiatric symptoms. 24,25
Nitrous oxide has been linked in some studies to addiction, development of tolerance, and withdrawal. 26,27,28,29,30,31,32,33 A recent systematic review of the nitrous oxide studies found that while literature was limited and the body of evidence is still emerging, findings suggest that N2O use disorder—based on the DSM-5 SUD criteria (Diagnostic and Statistical Manual of Mental Disorders, 5th Edition – Substance Use Disorder) —might exist in the heaviest N2O users and concluded that the addictive potential of N2O should not be underestimated.34Note that substance use disorder diagnoses consider a range of physiological and psychological symptoms, including tolerance, withdrawal, cravings, and functional impairment as a consequence of the substance use.

An individual can present with a wide array of symptoms and deficits which could be attributed to nitrous oxide use. For example, severe neurologic deficits or even psychosis can also be related to chronic nitrous oxide use. For providers suspecting chronic inhalant use, a comprehensive physical and neurological examination is recommended to assess for complications. Laboratory testing may help identify associated conditions such as electrolyte abnormalities, vitamin B12 deficiency, and potential liver or kidney impairment, as well as to detect other toxins in urine or serum. Imaging studies, such as MRI (magnetic resonance imaging), may be warranted when there is clinical suspicion of spinal cord degeneration resulting from chronic vitamin B12 deficiency.35 However, there are significant limitations in the routine testing for nitrous oxide exposure.

Nitrous oxide is a volatile substance that is rapidly eliminated from the body and is not routinely detected in standard toxicology screens. As a result, objective confirmation of recent use is often not possible, making the diagnosis particularly reliant on clinical history. Some individuals may be aware of these testing limitations and may be more likely to engage in misuse under the assumption that it will not be detected, further complicating efforts to identify and intervene in cases of misuse.

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DATA ON USE
Global
Misuse of nitrous oxide has been rising in Europe, Australia, and parts of Asia. According to the 2021 Global Drug Survey, which collected voluntary responses from over 32,000 individuals across 22 counties (primarily in Europe), 22.5% of survey respondents reported lifetime use of nitrous oxide, and nearly 10% had used it in the past year.36Longitudinal data show that among survey respondents 16 to 24 year olds, there was an increase from approximately 10% who used nitrous oxide in the past year in 2015 to over 20% in 2021, reflecting a growing trend in global use.37
National
Each year, the Substance Abuse and Mental Health Services Administration (SAMHSA), publishes the National Survey and Drug Use and Health (NSDUH) report. The most recent report, released in 2023, indicates that inhalant use remains a relatively small portion of overall substance use in the US. However, the data combines a wide range of substances under the umbrella of “inhalants.” These include:
- Volatile solvents (e.g., paint thinners and removers, dry cleaning fluids, gasoline, glues, shoe polish, correction fluids)
- Aerosols (e.g., spray paints, deodorant and hair spray, fabric protector sprays, computer keyboard cleaner)
- Gases (e.g., ether, halothane, nitrous oxide, butane, propane) - Nitrites (e.g., amyl nitrite, “poppers,” locker room deodorizers “Rush”) When broken down by specific substances, nitrous oxide - often referred to as “whippets” - has shown fluctuating but notable levels of lifetime use. Among individuals 12 and older, reported lifetime use increased from 12.4 million in 2018 to nearly 14 million in 2022, then slightly decreased around 13 million in 2023. 38,39,40
Further insights into adverse effects and emergency care utilization come from surveillance systems such as the National Electronic Injury Surveillance System (NEISS) which collects consumer-product related injuries treated in US emergency departments and the FDA Adverse Event Reporting System (FAERS) which collects reports of adverse events involving drugs and other biologic products. Between 2000 and 2019, these sources both noted a significant increase in nitrous oxide-related incidents:

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- NEISS reported a six-fold increase in cases when comparing the periods 2000-2013 and 2014-2019. Over 90% of cases involved individuals ages 13 to 39, with 77% of cases occurring in males.
- Similarly, FAERS reported a 50-fold increase in adverse events over the same comparison period, with similar demographic patterns. 41 State
In December 2024, the California Department of Public Health (CDPH) Regional Public Health Office surveyed local health jurisdictions to gather insights on the emerging concerns surrounding misuse of nitrous oxide across the state. While some counties shared no concern or “spikes” in case numbers, other counties did express concern either anecdotally, or with data from syndromic surveillance platforms (ESSENCE/BioSense), school district reports, traffic incidents, or observations of increased retail availability.

According to the Youth Risk Behavioral Health Surveillance System (YRBS), in 2019, 12.8% of California high school students reported ever using an inhalant. However, the survey does not distinguish between types of inhalants, so it is not possible to determine how many had used nitrous oxide specifically. 42
CDPH’s assessment identified growing anecdotal evidence of increased access to nitrous oxide, particularly through retail sources like smoke shops, and suggested rising usage among youth statewide. However, the absence of standardized surveillance definitions limits the ability to systematically monitor health impacts.

To track severe health outcomes, CDPH utilized the California Health Access and Information (HCAI) data on emergency department visits and hospitalizations.43 HCAI datasets are composed from the mandatory reports of ED encounters and inpatient discharge records from California-licensed hospitals. Use of this dataset to understand the overall impact to the health care field is limited as chronic conditions that can result from acute or chronic use of nitrous oxide is not always treated in an inpatient or emergency department setting. For example, vitamin B12 deficiency ultimately leading to neurologic symptoms, including subacute combined degeneration (SCD) of the spinal cord are more likely to be diagnosed in the primary or specialty care settings - data sources not routinely captured in statewide hospitalization data.

Nationally standardized surveillance tools such as the National Syndromic Surveillance Program (NSSP) or the Council of State and Territorial Epidemiologists (CSTE) have yet to develop comprehensive case definitions or syndromic surveillance strategies specific to nitrous oxide use.

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California Emergency Department and Hospitalization Data (2018–2023) This section provides a summary of recent trends and health system data related to nitrous oxide use in California hospitals.

Using ICD-10-CM (International Classification of Diseases, 10th Revision, Clinical Modification) codes, CDPH defined nitrous oxide-related adverse events and B12 deficiency-related SCD as follows:
• Nitrous oxide adverse events: Acute poisoning or complications due to nitrogen oxides (T41.0x1A, T41.0x4A, T41.0x5A, T59.0XA). Note this definition includes the initial encounter for unintentional and undetermined intents for poisoning events but does not include intentional self-harm poisoning events or subsequent encounters.
• SCD due to vitamin B deficiency: G32.0 along with D51.8, D51.9, or E53.8.

Key Findings from 2018 to 2023:
• Nitrous Oxide Adverse Events:
o Emergency department visits related to nitrous oxide increased by 246%, from 76 visits in 2018 to 263 visits in 2023.
o Hospitalizations also increased from 181 in 2018 to 225 in 2023. This 24% rise is modest compared to emergency department visits and does not show a consistent upward trajectory.
o Hospitalizations outnumbered emergency department visits for the first time in 2023.
• Subacute Combined Degeneration (SCD) of the Spinal Cord:
o Emergency department visits for this condition rose in 2021 but returned to previous levels in 2022 and 2023.
o Hospitalizations for SCD due to vitamin B deficiency rose by 175%, from 48 to 132 cases during the same period.
o Emergency department visits for this condition rose in 2021 but returned to previous levels in 2022 and 2023.

It’s important to note that the true burden of SCD is likely underestimated, as these conditions are more frequently identified outside of hospital settings.

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Source: HCAI, 2018-2023

Source: HCAI, 2018-2023

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Mortality Data
The Substance and Addiction Prevention Branch (SAPB) at CDPH does not conduct routine surveillance of fatalities due to nitrous oxide alone. However, SAPB does conduct surveillance on fatal drug-related overdoses including when nitrous oxide is used in combination with other drugs within their scope (e.g., opioids, methamphetamines, etc.).

In 2023, there were less than 11 unintentional (accidental) or undetermined drug-related overdose deaths that included nitrous oxide as one of the substances listed in the cause of death statement on the death certificate. This is likely an undercount of all fatalities involving nitrous oxide, given surveillance is conducted for other drug-related overdose deaths where nitrous oxide was listed as an involved substance.

Orange County Data
Orange County Emergency Department and Hospitalization Data (2018– 2023)
Like the patterns seen statewide, Orange County hospitals also saw an increase in emergency department visits related to nitrous oxide poisonings and complications. The pattern was less obvious with respect to hospitalizations for subacute combined degeneration of the spinal cord due to a deficiency in vitamin B12 due to the small number of cases (fewer than 11 for each year from 2018 to 2023). In fact, even with the trend for nitrous oxide adverse events, the number of events in any year were fewer than 20, and thus assessments regarding patterns should be made with caution.

In addition to surveilling for nitrous oxide poisonings and degeneration of the spinal cord, the section below also includes counts for hospitalizations and emergency department visits in Orange County hospitals due to non-specific inhalant-related mental and behavioral disorders. While this classification covers more substances than just nitrous oxide, this diagnostic category is meaningful in assessing the extent of inhalant use/misuse.

To track severe health outcomes, HCA, also utilized the California Health Access and Information (HCAI) data on emergency department visits and hospitalizations.43 The HCAI dataset HCA used is composed from the mandatory reports of ED encounters and inpatient discharge records all the California-licensed hospitals located in Orange County.

Using ICD-10-CM codes, Orange County HCA followed CDPH definitions for nitrous oxide- related adverse events and B12 deficiency-related SCD as described in the previous section. Additionally, HCA defined inhalant-related disorders as:
• Behavioral disorders resulting from volatile substances (includes nitrous oxide):

Includes inhalant intoxication, dependence, and inhalant-related psychotic disorders (F18).

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Key findings from 2018-2023:
• Nitrous Oxide Adverse Events:
o Emergency department visits increased to 19 events in 2021, where the previous three years combined had totaled no more than 16 cases from 2018 to 2020. Cases did not continue to climb after 2021, but remained at similar, slightly lower levels.
o Hospitalizations for nitrous oxide events remained mostly stable. • Subacute Combined Degeneration (SCD) of the spinal cord:
o Emergency department visits for this condition were fewer than 11 in any given year from 2018 to 2023. The cumulative total for all years from 2018 to 2023 was fewer than 11 visits.
o Hospitalizations for SCD were also very few in Orange County hospitals, numbering fewer than 11 in any given year from 2018 to 2023, and totaling no more than 26 cases in that period. However, by 2023, there were 13 cases, more than any other year for the previous 5 years.
• Inhalant Use Disorder:
o Hospitalizations and emergency department visits did not show a consistent increase pattern. Instead, emergency department visits peaked in 2019 at 45 cases, and hospitalizations peaked at 25 cases in 2020, before returning to similar levels to prior years by 2022 (2023 data not yet available).

Source: HCAI, 2018 -2023

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Source: HCAI, 2018-2022
Comparing Orange County to California Trends in Nitrous Oxide Use In order to compare nitrous oxide use in Orange County to California and account for population, the rate of hospitalization and emergency department visits per 100,000 population were calculated.

Generally, Orange County and California had similar rates for nitrous oxide adverse events.

Note that Orange County’s rates need to be interpreted with caution as they are based on 20 or fewer events, and thus less statistically stable. As a result, small differences in rates year-to-year or compared to California are not as meaningful.

Source: HCAI, 2018-2023; CA DOF P3, 2022 Vintage44

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Source: HCAI, 2018-2023; CA DOF P3, 2022 Vintage

Orange County Mortality Data
Between 2020 and 2024, just under 11 deaths among Orange County residents were attributed to nitrous oxide poisoning or involved nitrous oxide as a contributing factor or underlying condition at the time of death. Notably, approximately two-thirds of these deaths were classified as suicides, while the remaining third were categorized as accidental or natural deaths in which nitrous oxide contributed to the individual’s overall health condition or disease progression.

Orange County - Insights from the Community
Both the Orange County Department of Education (OCDE) and the OC Health Care Agency (HCA) administered anonymous surveys regarding nitrous oxide use in Orange County.

These surveys assessed the extent of nitrous oxide misuse in the communities or schools where survey participants served and evaluated the associated level of concerns among the first responder community (for the HCA survey) and school district personnel (for the OCDE survey).

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Orange County K-12 School Insights
Earlier this year, the OCDE distributed an anonymous survey 45 to school and district personnel across Orange County to gain a better understanding of nitrous oxide misuse.

Survey questions included respondent worksite location, work setting, role, witnessed or suspected incidents of nitrous oxide use in the past year, staff or student concerns around nitrous oxide use, level of concern by respondent, as well as an open space for additional comments or observations. A total of 114 staff personnel completed the survey with a larger proportion completed from Central County, followed by North County, West County and South County.

Source: OCDE, 2025

Most respondents were from school sites, with the majority serving as classroom teachers, school nurses or district administrators.

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Source: OCDE, 2025

Reviewing responses by region, a higher percentage of respondents from West and Central County indicated seen or suspected nitrous oxide incidents and hearing of concerns about nitrous oxide from students or staff as well as personal concerns compared to other regions. While respondents from South County noted less seen or suspected incidents (8.3%) compared to other regions. The same respondents indicated higher rates of personal concern for nitrous oxide use.

Source: OCDE, 2025

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Source: OCDE, 2025

Open ended responses indicated concerns for resurging misuse among high school students and at house parties, easy access through retail outlets, smoke shops, and party stores as well as identified paraphernalia found on or near school campuses. Responses also indicated a need for increased understanding of signs of use, understanding of risks, and the need for educational materials for staff, parents, and students.

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Orange County - First Responder and Local Clinician Insights This survey3 was conducted by HCA from March through May of 2025 and garnered 753 anonymous responses; 57% were from clinicians (n=431), 30% from members of law enforcement (n=225), and 14% from emergency medical technicians (EMTs)/paramedics (n=104). Overall, respondents had numerous concerns regarding their perception of the increasing trend of nitrous oxide misuse, the use of the substances among young persons, and the increased availability in retail settings and online.

Among all respondents, the most common level of concern was “somewhat” (24.7%), followed by “slightly” (21.8%). However, the level of concern varied widely by whether the respondent was a clinician, paramedics/EMT, or law enforcement, with members of law enforcement having the largest percent of respondents expressing high levels of concern (“very” at 26.1%), and paramedics/EMTs having the smallest percent of the three respondent types in this category (10.6%).

As seen in the following figure (“Select Responses from First Responder…”), clinicians and law enforcement working at sites in Central and North County had higher rates of seeing or suspecting an incident of nitrous oxide misuse and rating their own concern as moderately or very concerned. However, among paramedics and EMTs, the highest rates of seeing or suspecting an incident and rating their own concern as moderately or very concerned were highest among respondents working in South County. Furthermore:
• Law enforcement respondents showed the highest rate of concern and the highest number of incidents seen compared to clinicians/clinical workers and paramedics/EMTs.
• Respondents from North County from all three categories of first responders and clinicians/clinical workers consistently represented the geographical area most likely (or second-to the area most likely):
o To have seen or suspected a nitrous oxide-related incident. o To have heard concerns about nitrous oxide from a community member. o To rate their concern regarding nitrous oxide as moderate to very concerned.

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Select Responses in Nitrous Oxide Assessment by Job Role and Location of Work Site (%)

Source: Orange County HCA, 2025

Among all respondents, the most common response was to note the popularity, increased use, or upward trend of nitrous oxide use. Respondents also frequently noted the use and popularity among youths and minors. Many noted concerns about the availability and related ease of obtaining this substance at retail establishments.

It is interesting to note that several also responded that they did not see nitrous oxide use, or did not feel it was a concern, or not a concern in light of other substances used in the community (for example fentanyl). Several others noted use of nitrous oxide in motor vehicles and/or concerns while operating motor vehicles.

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Orange County Fire Authority Insights
The Orange County Fire Authority (OCFA) which serves 23 cities and unincorporated areas across Orange County, reviewed nitrous oxide-related incidents based on calls for service between January 1, 2023 through March 17, 2025.46 Data was limited, with many gaps and challenges in analyzing the data as many cases were categorized under general substance use or overdose and were not specifically identified as nitrous oxide-related incidents.

Additionally, there was wide variability in documentation and dependence on clear physical evidence or patient self-report to link the incident to nitrous oxide use, making it more difficult to analyze data specific to nitrous oxide use. During the 26-month period, a total of 44 known nitrous oxide-related cases (0.00016%) out of 268,274 emergency medical service (EMS) calls for service were identified, with 72% of those 44 cases occurring amongst those ages 13 to 34.

While most of the nitrous oxide-related cases were due to misuse, four cases were related to adverse reactions from administration of nitrous oxide during medical or dental procedures - underscoring the importance of proper administration, monitoring, and post procedure evaluation when using nitrous oxide in medical settings.

Commonly reported symptoms included dizziness, confusion, and weakness. Many patients in settings suggestive of misuse included the presence of paraphernalia such as nitrous oxide canisters (68% of incidents) or ballons. Incidents occurred in urban settings, in residential areas, vehicles, and public spaces such as parking lots and parks. Cities with more than 5 nitrous oxide-related incidents included Garden Grove, Irvine, and Santa Ana.

REGULATORY EFFORTS – LAWS AND ORDINANCES
This section outlines how nitrous oxide is currently regulated across national, state, and Orange County, highlighting key gaps, enforcement challenges, and recent legislative actions aimed at curbing misuse of nitrous oxide.

National Public Health and Regulatory Efforts
While there is no overarching federal law specifically regulating misuse of nitrous oxide in the US, several states—including California, New York, and Texas—have implemented state-level legislation to curb use by restricting sales, setting age limits, and penalizing inhalation for intoxication. Federal oversight primarily focuses on the substance's legitimate applications in medicine, dentistry, and industry, with misuse addressed indirectly through use and distribution laws.

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Existing Law in California
Nitrous oxide is listed under California Proposition 65 by the Office of Environmental Health Hazard Assessment (OEHHA) as a chemical known to cause developmental and reproductive toxicity.

Under California Penal Code 381b, it is a misdemeanor offense to sell, furnish, or distribute nitrous oxide if the seller knows, or reasonably should know, that the substance will be used for intoxication
Despite these regulations, due to legal provisions permitting sales to individuals 18 years of age and older, nitrous oxide canisters remain accessible in retail settings such as kitchen and restaurant supply stores, supermarkets and large retail department stores, specialty kitchen stores, automotive stores, smoke/vape shops, sex shops, gas stations as well as online retail platforms including Amazon, eBay, and Walmart. Earlier this year, Humboldt County, California published their findings Recreational Nitrous Oxide Retail Landscape Analysis47 observing nitrous oxide products and paraphernalia located in plain sight at 24% of the retail outlets visited between October 2024 to April 2025, with the majority found at smoke shops.i
In practice, enforcement is challenging. Purchasers may withhold their intended use when questioned, and unless law enforcement directly witnesses inhalation, it is difficult to establish this use. In 2019, California Senate Bill 193 sought to restrict sales of nitrous oxide at smoke shops and tobacco retailers, but the measure failed to pass.

California Local Government Ordinances and other Local Actions Across California, local governments, including county and city governments, have passed ordinances to address the emerging issue of the misuse of nitrous oxide.

Some locations have limited retailers ability to sell nitrous oxide or related devices (e.g., City of Stanton, City of Ukiah in Mendocino County, and the City of Rialto in San Bernardino County, and the City of Los Angeles, which banned the sale of nitrous oxide to minors).48,49,50,51Other locations have considered resolutions limiting nitrous oxide sale and distribution including the City of Santa Ana.52 Shasta County issued a health alert warning against the misuse of nitrous oxide.53

i Humboldt County supports its work to prevent nitrous oxide misuse through education and prevention activities using the Department of Health Care Services (DHCS) Substance Use Block Grant (SUBG) Primary Prevention Services Grant.

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Orange County Local Ordinance
On February 25, 2025, the Orange County Board of Supervisors approved an ordinance prohibiting the sale or distribution of nitrous oxide or related dispensing devices—except for:
• Food products where it is used as a culinary propellant • Vehicle performance enhancement
• Medical or dental care
The ordinance went into effect on March 27, 2025, applying specifically to unincorporated areas of Orange County.54

PUBLIC HEALTH CONSIDERATIONS AND

RECOMMENDATIONS
This section highlights key public health strategies to address nitrous oxide misuse, including calls to improve professional awareness, implement prevention efforts that include limiting access, and improve data collection.

Improve Awareness
With the widespread availability and access to nitrous oxide and the growing prevalence of reported misuse, it is important to increase community and professional awareness of nitrous oxide misuse and the negative impacts this use can have on an individual’s health and the welfare of their family and community.

Increased medical professional and first responder awareness is also needed so that appropriate care can be delivered.

RECOMMENDATIONS
• Improve Community and Professional Awareness
• Limit Access for Misuse
• Improve Data Collection and Surveillance

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With the increasing popularity and easy access of nitrous oxide for illicit use, sharing information with youth, parents and teachers could assist in prevention campaigns.

Information on proper and safe disposal of canisters and tanks, when found, would also benefit the community.ii
To effectively increase awareness, lessons learned from the Tobacco Use Prevention Program, as well as the Fentanyl is Forever campaign, are worthwhile implementing to curb the misuse of inhalants - including nitrous oxide.

Limiting Access for Illicit Misuse
While selling nitrous oxide for the purpose of recreational intoxication is already illegal under California law, it is still widely available and easily accessed by the public at retail sites under a thin veneer of legitimate use. Culinary-grade nitrous oxide canisters are more easily accessed at smoke shops, adult sex shops, and through online retailers. Other retail sites where nitrous oxide can be purchased include also include grocery stores, retailers such as Walmart and Target, and automotive shops.iii Local government can consider implementing ordinances for businesses in order to curb access to nitrous oxide for misuse. These can include additional signage and display restrictions, restriction of sales within certain distance to schools, parks, or other public locations. Additionally, cities and counties can consider adjusting business licensing requirements or adjust zoning and land use approvals to limit sales at businesses more commonly associated with misuse such as smoke/vape shops, sex shops, or gas stations.

With limited utility of flavored culinary grade nitrous oxide for culinary applications, flavored product sales can be limited to specialized culinary stores, and/or restricted to licensed restaurants/chefs for professional use. When sold for legitimate purposes (culinary use and automotive use), additional measures to minimize risk of misuse include restricting access to a locked area in the store to encourage store employees to follow appropriate measures, including checking identification for age prior to sales.

ii Here are some tips of what to do with nitrous oxide canisters, when discovered: Do not puncture, incinerate or store N2O canisters near flammable materials; Do not dispose N2O canisters in the regular trash; Contact OC Waste & Recycling for further instructions on where you can turn these items in for safe disposal. https://www.oclandfills.com/
iii A Note about Environmental Impact and Appropriate Disposal of Nitrous Cylinders:

One concern raised by community members in the first responder survey, as well as other forums, is the problem with proper disposal of nitrous oxide gas cylinders. Because they are pressurized containers, they must be handled separately from other waste, and not all facilities accept this type of waste.

Having more awareness regarding safe and proper disposal of gas cylinders and having more facilities accept this type of waste will increase community safety and reduce the negative environmental impacts of nitrous oxide.

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Improve Data Collection and Surveillance
As noted in the process of creating this report, data remains inconsistent and limited regarding the specific misuse and negative effects of nitrous oxide. To assist HCA in this report, a survey was conducted to get more input from the community. Many limitations exist with the findings from the surveys. Due to limitations in awareness and self-reporting, the data and anecdotal accounts shared in this report likely underestimate the extent of intentional misuse.

Improved data and surveillance collection is needed. If the state is starting to see a statewide increase, there might be benefit in simplifying first responder reporting and increasing awareness and education to the medical community for appropriate documentation.

Examples of areas to improve data and surveillance collection could include training and/or standardizing documentation when responding to certain incidents to verify if nitrous oxide was at the scene or if symptoms were related to nitrous oxide. Increasing awareness about the presentation of an individual with nitrous oxide-related symptoms and training on appropriate documentation may also improve data collection among the medical professional community.

CONCLUSION
Nitrous oxide misuse is an emerging public health concern that requires increased community and professional awareness as well as improved data collection to further understand the negative impacts and efficacy of local policy changes. Until broader federal and state efforts are put in place to curb misuse, addressing this at the local level is important to reduce negative impacts to communities and families. Cities and communities can implement simple strategies to address, reduce access, and increase awareness.
1 REFERENCES

1. Cruz, I. (2022, July 10). Families mourn victims of Orange fiery high-speed crash.

Abc7. https://abc7.com/post/orange-dominic-mcginley-fiery-crash-nitrous- oxide/12041765/

2. KABC. (2025. August 31). 90 canisters of nitrous oxide found inside Maserati in Tustin; driver arrested. https://abc7.com/post/90-canisters-nitrous-oxide-found- inside-maserati-tustin-orange-county-driver-arrested/17702764/

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26. Cohen, L., Duroy, D., Preozziello, A., Sasportes, A., Lejoyeaux, M., & Geoffroy, P. A. (2023). A cross-sectional study: Nitrous oxide abuse in Parisian medical students.The American Journal on Addictions, 32(1), 60-65. https://doi.org/10.1111/ajad.13363

27. Fidalgo, M., Prud'homme, T., Allio, A., Bronnec, M., Bulteau, S., Jolliet, P., & Victorri- Vigneau, C. (2019). Nitrous oxide: What do we know about its use disorder potential? Results of the French Monitoring Centre for Addiction network survey and literature review. Substance Abuse, 33-42. . https://doi.org /10.1080/08897077.2019.1573210

28. Gillman, M. (1986). Nitrous oxide, an opioid addictive agent: Review of the evidence.

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30. Koyanagi, S., Himukashi, S., Mukaida, K., Shichino, T., & Fukada, K. (2008).

Dopamine D2-like receptor in the nucleus accumbens is involved in the antinociceptive effect of nitrous oxide. Anesthesia and Analgesia, 1904-9. https://doi.org /10.1213/ane.0b013e318172b15b

31. Kronenberg, G., Schoretsanitis, G., Seifritz, E., & Olbrich, S. (2024). The boon and bane of nitrous oxide. European Archives of Psychiatry Clinical Neuroscience. https://doi.org /10.1007/s00406-024-01801-3

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32. Li, W.-Q., Liu, S.-N., Yang, S.-C., Lin, X., & Zhang, Z.-J. (2025). Nitrous oxide exerts rewarding effect via regulating D1 receptor and BDNF pathway in ventral tegmental area-nucleus accumbens dopamine circuit. Translational Psychiatry, 15(34). https://doi.org /10.1038/s41398-025-03257-y

33. Perron, B. E., Howard, M. O., Vaughn, M. G., & Jarman, C. N. (2009). Inhalant Withdrawal as a Clinically Significant Feature of Inhalant Dependence Disorder.

Medical Hypotheses, 73(6), 935-937. https://doi.org /10.1016/j.mehy.2009.06.036

34. Back, S., Kroon, E., Colyer-Patel, K., & Cousijn, J. (2023). Does nitrous oxide addiction exist? An evaluation of the evidence for the presence and prevalence of substance use disorder symptoms in recreational nitrous oxide users. Addiction, 119(4), 609-608. https://doi.org/10.1111/add.16380

35. Radparvar, S. (2023). The Clinical Assessment and Treatment of Inhalant Abuse.

The Permanente Journal, 27(2), 99-109. https://doi.org /10.7812/TPP/22.164.

36. Winstock, A., Maier, L., Zhuparris, A., Davies, D., Puljevic, C., Kuypers, K., & Ferris, J. &. (2021). Global Drug Survey (GDC) 2021 Key Findings Report. https://www.globaldrugsurvey.com/wp-
content/uploads/2021/12/Report2021_global.pdf

37. Winstock, A., Munksgaard, R., Davies, E., Ferris, J., ZhuParris, A., & Barratt, M. (2022). 2022 Drug Trend Report: Time. Music, Clubbing, Age, and Diet.:
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38. Substance Abuse and Mental Health Services Administration (SAMHSA). (2020). Key substance use and mental health indicators in the United States: Results from the 2019 National Survey on Drug Use and Health (HHS Publication No. PEP20-07-001, NSDUH Series H-55). US Department of Health and Human Services, Centers for Behavioral Health Statistics and Quality, Substance Abuse and Mental Health Services Administration. Retrieved from
https://www.samhsa.gov/data/sites/default/files/reports/rpt29393/2019NSDUHFF RPDFWHTML/2019NSDUHFFR1PDFW090120.pdf

39. Substance Abuse and Mental Health Services Administration (SAMHSA). (2023). Key substance use and mental health indicators in the United States: Results from the 2022 National Survey on Drug Use and Health (HHS Publication No. PEP23-07-01- 006, NSDUH Series H-58). US Department of Health and Human Services, Centers for Behavioral Health Statistics and Quality, Substance Abuse and Mental Health Services Administration. Retrieved from
https://www.samhsa.gov/data/report/2022-nsduh-annual-national-report

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40. Substance Abuse and Mental Health Services Administration (SAMHSA). (2024). 2023 National Survey on Drug Use and Health (NSDUH) Detailed Tables. US Department of Health and Human Services. Retrieved from https://www.samhsa.gov/data/report/2023-nsduh-detailed-tables

41. Forrester, M. B. (2020). Nitrous oxide misuse reported to two United States data systems during 2000–2019. Journal of Addictive Diseases, 39(1), 46-53. https://doi.org /10.1080/10550887.2020.1813361

42. Austin, G., Hanson, T., Bala, N., & Zheng, C. (n.d.). Student engagement and well- being in California, 2019–21: Results of the Eighteenth Biennial State California Healthy Kids Survey, Grades 7, 9, and 11. WestEd. Retrieved May 2025, from https://data.calschls.org/resources/18th_Biennial_State_1921.pdf

43. California Department of Health Care Access and Information (HCAI). (2018-2023).

Patient Discharge Data and Emergency Department Data.
https://hcai.ca.gov/data/request-data/data-documentation/

44. California Department of Finance (CA DOF), (2022 Vintage). P-3: Complete State and County Projections Dataset.
https://dof.ca.gov/forecasting/demographics/projections/

45. Orange County Department of Education (OCDE). (2025). Nitrous Oxide Assessment Survey – Summary of Findings. Internal Report: unpublished.

46. Orange County Fire Authority (OCFA). (2025). Special Report: Nitrous Oxide Use and Abuse: unpublished.

47. Humboldt County Department of Health and Human Services. (2025). Humboldt County Recreational Nitrous Oxide Retail Landscape Analysis. https://humboldtgov.org/DocumentCenter/View/139160/Countywide-NO-Retail- Analysis-PDF

48. City of Stanton, CA (2025, April 24). Prohibition on Sale or Distribution of Nitrous Oxide, Ordinance No. 1162. https://ecode360.com/ST5018/laws/LF2343868.pdf.

49. City of Ukiah, CA (2025). Sale or Distribution of Nitrous Oxide, Ukiah City Code 2.7.1 §2371. https://www.codepublishing.com/CA/Ukiah/html/Ukiah02/Ukiah0202- 0701.html

50. City of Rialto, CA (March 14, 2017). Prohibiting the Sale and Distribution of Nitrous Oxide, Ordinance No. 1588.
https://library.municode.com/ca/rialto/ordinances/code_of_ordinances?nodeId=8 38212

51. Mendez, J. (2024, December 13). LA wants to ban using nitrous oxide to get high. But Challenges loom. Los Angeles Times.
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52. City of Santa Ana, CA (2025, May 6). Agenda Item 20 - First Reading of Ordinance Prohibiting the Sale or Distribution of Nitrous Oxide.

53. Shasta County, CA. (2024 Board Minutes for November 13, 2024.) Public Health Advisory Board. Redding. https://www.shastacounty.gov/media/64871

54. Orange County Board of Supervisors. (2025, February 25). Item S36B- An Ordiance of the County of Orange, California, Adding Division 19 to Title 3 of the Codified Ordinances of the County of Orange Regarding the Orange County Health Authority. https://ocgov.granicus.com/player/clip/5376?view_id=&caption_id=14779179&redi rect=true
November 12, 2025

NEW BUSINESS
Item No. 5G.

City Council Agenda Report

AN ORDINANCE PROHIBITING THE SALE OR DISTRIBUTION OF KRATOM PRODUCTS IN THE CITY, AND ASUMMARY OF THE CITY'S EXISTING PROHIBITION ON THE SALE OF CANNABIS PRODUCTS IN THE CITY

PREPARED BY PRESENTED BY
Christopher G. Cardinale, City Attorney Christopher G. Cardinale, City Attorney

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Matt Foulkes, Director of Community & Economic
Development Aaron France, City Manager

RECOMMENDED ACTION
1) Adopt an Ordinance adding Chapter 8.58 to the Buena Park Municipal Code prohibiting the sale or distribution of highly concentrated kratom products in the City of Buena Park. Staff will also provide a summary of the Municipal Code's existing prohibition on cannabis sales in response to concerns raised by residents.

PREVIOUS CITY COUNCIL ACTION
None. This item was calendared at the request for Councilmember Susan Sonne.

DISCUSSION
A. Ordinance Prohibiting the Sale of Kratom Products
The kratom plant (scientific name Mitragyna speciosa) is a tropical evergreen native to southeast Asia. Historically, the whole leaves of the kratom plant have been used to treat headaches, diarrhea, insomnia, anxiety, and opioid use withdrawal. Recently, however, kratom products are being used for recreational purposes and have created public health concerns.

According to a report issued by the U.S. Food and Drug Administration (‘FDA”) in July 2025, a chemical compound found within the leaf of the kratom plant, 7-Hydroxymitragynine or "7-OH", “is a potent opioid that poses an emerging public health threat, especially when considering the increasing availability of enhanced or concentrated 7-OH products in the marketplace.” (7-Hydroxymitragynine (7-OH): An Assessment of the Scientific Data and Toxicological Concerns Around an Emerging Opioid Threat, U.S. Food and Drug Administration, July 29, 2025 (hereinafter “FDA Report”). Pursuant to the FDA Report, “many of the products available today, which are often associated with or advertised as kratom, no longer resemble botanical kratom. Instead, they contain ‘enhanced’ or concentrated amounts of 7-OH and are formulated as powders, capsules, and liquid extracts designed to generate stronger effects on users.” The FDA Report describes the risks of these products as including "respiratory depression, physical dependence, and withdrawal symptoms characteristic of classical opioids, such as morphine, fentanyl, oxycodone, and hydrocodone.”
There are no FDA-approved uses for kratom and it is not legally marketed in the United States as an additive to any food product, a dietary supplement, or as an ingredient in any drug. Nonetheless, kratom products are being sold throughout the country with little or no regulation. As a result, several states and local governments have adopted regulations pertaining to the sale of kratom products. In fact, several states, such as Alabama, Arkansas, Indiana, Louisiana, Rhode Island, Vermont, and Wisconsin have taken steps to ban kratom products.

The State of California does not directly regulate kratom products, though the Legislature has taken up the issue in recent years (2025-AB 1088). On October 24, 2025, the California Department of Public Health issued a consumer advisory instructing consumers to avoid Kratom or 7-OH products and explaining that "despite their wide availability, these products are illegal to sell and cannot be sold online or in stores." Several local jurisdictions have recently taken action to regulate or entirely prohibit kratom products. For example, the cities of San Diego, Oceanside, Tustin, and Newport Beach have adopted ordinances prohibiting the sale and distribution of kratom products, others prohibit sales to persons under 21 years of age, and the County of Orange and City of Huntington Beach have adopted regulations (similar to AB 1088) which ban the sale of products containing specified levels of 7-OH and regulated all other kratom product sales.

Staff has prepared a draft ordinance for the City Council's consideration that, if adopted, would prohibit the sale, distribution, or possession of kratom and other products within the City of Buena Park that contain more than 2% of 7-hydroxymitraginyne in the alkaloid fraction, recognizing significant health risks associated with elevated concentrations of the alkaloid; prohibit the sale of any kratom product that is adulterated with synthesized or semisynthesized kratom alkaloids or kratom constituents; and prohibit the marking, sale or distribution of kratom product to a person under 21 years of age. Violations of the ordinance would be a misdemeanor and upon conviction punishable pursuant by $1,000 fine or six months in jail, as well as General Penalty provisions of the Buena Park Municipal Code Chapter 1.04. Specifically, at the discretion of enforcement officers and/or the City Attorney, a violation of the ordinance could be cited as a criminal misdemeanor or infraction offense, abated by civil action, and/or subject to issuance of civil administrative citations.

B. Existing Prohibition on Cannabis Sales
In addition to concerns about kratom, Councilmember Sonne shared concerns from Buena Park residents regarding cannabis sales in the City and requested staff review its existing regulations to ensure that cannabis sales are prohibited.

Chapter 8.56 of the Buena Park Municipal Code prohibits all "commercial cannabis activity" in the City, which includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medical, non-medical, or any other purpose. The only exceptions to the City's blanket prohibition on cannabis activities, consistent with state law, allow for personal cultivation and use or delivery upon public streets. City Code Enforcement officers actively enforce this prohibition and involve assistance from the Police Department when necessary, and do not believe any revisions to the City's existing codes are necessary to address cannabis activity in the City.

ENVIRONMENTAL REVIEW
This ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Regs. § 15378(a).) Further, the ordinance is exempt from CEQA because there is no possibility that the ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).)

BUDGET IMPACT
There is no direct budget impacts associated with this item, with the exception of enforcement costs which will bepartially offset by fines / penalties collected.

Attachments
Attachment A - Chapter 8.56.pdf
Attachment B - 7-hydroxymitragynin Assessment Report
Attachment C - CDPH Advisement
ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BUENA
PARK, CALIFORNIA, ADDING CHAPTER 8.56 TO THE BUENA

PARK MUNICIPAL CODE REGULATING THE SALE AND
DISTRIBUTION OF KRATOM AND 7-OH PRODUCTS IN THE CITY

(i) The City of Buena Park (“City”) is a California charter city with plenary authority over all “municipal affairs” and the broad “police powers” vested by California’s Constitution, pursuant to which it may make and enforce laws necessary to protect and preserve the health, safety, and welfare of residents, subject only to enactments by the California Legislature on matters of “statewide concern”;

(ii) Kratom (Mitragyna speciosa) is a tropical tree native to Southeast Asia, and its leaves are often consumed in powdered or extract form for their stimulant and sedative effects;

(iii) The active compounds in kratom include mitragynine and 7-hydroxymitragynine, and while mitragynine is present in higher concentrations, 7-hydroxymitragynine is more potent and largely responsible for the stronger pain-relieving, sedative, and euphoric effects of Kratom;

(iv) 7-hydroxymitragynine is believed to be more potent than morphine in terms of pain relief, with research showing that it binds to opioid receptors in the brain with greater affinity than morphine, making it significantly more powerful in relieving pain, and this greater potency raises significant concerns about its safety profile and potential for addiction, overdose, and adverse physical or psychological effects such as nausea, vomiting, or potential psychosis, with all such health risks compounded when products contain higher concentrations of 7-hydroxymitragynine;

(v) Scientific research and health advisories have raised concerns over the safety of kratom products, particularly those with higher concentrations of 7-hydroxymitragynine because of their potential for abuse and harm to public health;

(vi) In July 2025, the U.S. Food and Drug Administration recommended that 7-OH be made illegal via a Schedule I classification, and the California Legislature recently considered but has yet to adopt statewide legislation regulating kratom and 7-OH products (Assembly Bill 1088 (Bains) Stats. 24-25);

(vii) Several cities in California have taken steps to regulate kratom products in response to public health concerns, including the cities of Newport Beach, San Diego, and Oceanside, all of which have all enacted complete prohibitions on the sale, distribution, and possession of all kratom products irrespective of the concentration of 7-OH, and the County of Orange recently adopted an ordinance governing unincorporated areas and prohibiting the sale and distribution of kratom and 7-7-hydroxymitragynine products containing more than 2% of 7- hydroxymitragynine in the alkaloid fraction;

(viii) Recognizing the significant health risks associated with recreational use of kratom products, particularly those with elevated concentrations of 7-hydroxymitragynine, the City Council desires to adopt an ordinance regulating the sale and distribution of kratom and 7-OH products generally, and prohibiting the sale, distribution, or possession of kratom and 7- hydroxymitragynine products that contain more than 2% of 7-hydroxymitragynine in the alkaloid fraction; and

(ix) The City Council finds and declares that this ordinance is necessary and appropriate to protect and preserve the health, safety, and general welfare of the community.

NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF BUENA PARK, CALIFONRIA, ORDAINS AS FOLLOWS:

SECTION 1. The foregoing recitals are true, correct, and incorporated into this ordinance as substantive fundings.

SECTION 2. Chapter 8.56 (Regulation of Kratom Products) is hereby added to Title 8 (Health Safety & Welfare) of the Buena Park Municipal Code to read as follows:

Chapter 8.56 REGULATION OF KRATOM PRODUCTS

Section 8.56.010 Authority and Purpose.

Section 8.56.020 Definitions.

Section 8.56.030 Sale or Distribution of Kratom and 7-OH Products.

Section 8.56.040 Violations and Penalties.

______________________________________________________________________

Section 8.56.010 Authority and Purpose.

This article is enacted pursuant to the City’s plenary police powers to protect the public safety, health and welfare. The express purpose of this article is to protect the public health and safety by regulating access to kratom products containing more than 2% of 7- hydroxymitragynine in the alkaloid faction.

Section 8.56.020 Definitions.

For purposes of this chapter, the following definitions apply.

A. “7-OH product” means a product containing 7-hydroxymitragynine.

B. "Attractive to children" means any of the following:

1. Use of images that are attractive to children, including, but not limited to, images of any of the following, except as part of required health warnings:

(i) Cartoons, toys, or robots.

(ii) Any real or fictional humans.

(iii) Fictional animals or creatures.

(iv) Fruits or vegetables, except when used to accurately describe ingredients or flavors contained in a product.

2. Likeness to images, characters, or phrases that are popularly used to advertise to children.

3. Limitation of candy packaging or labeling, or other packaging and labeling of cereals, sweets, chips, or other food products typically marketed to children

4. The terms "candy" or "candies" or variants in spelling such as "kandy" or "kandee.”

5. Brand names or close imitations of brand names of candies, cereals, sweets, chips, or other food products typically marketed to children.

6. Any other image or packaging that is easily confused with commercially available foods that do not contain kratom and are typically marketed to children.

7. Any other packaging used that is attractive to children considering all relevant facts and circumstances.

C. “Kratom leaf” means the leaf of the kratom plant, also known as mitragyna speciosa, in any form.

D. “Kratom leaf extract” means the material obtained by extraction of kratom leaves by any means.

E. “Kratom product” means a product containing kratom leaf, kratom leaf extract, or both, in any amount.

F. “Total kratom alkaloids” means the sum of mitragynine, speciociliatine, speciogynine, paynantheine, and 7-hydroxymitragynine in a kratom product.

G. “Synthesized” meams an alkaloid or alkaloid derivative that has been created by chemical synthesis or biosynthetic means (including but not limited to; fermentation, recombinant techniques, yeast derived, enzymatic techniques), rather than traditional food preparation techniques such as heating or extracting. It also includes alkaloids that has been further exposed to chemicals or processes that would confer a structural change in the alkaloids contained within the extract

Section 8.56.030 Sale or Distribution of Kratom and 7-OH Products.

A. Except as otherwise authorized by law, an individual, business, or other entity shall not sell, attempt to sell, offer, provide, or distribute a kratom product or 7-OH product to a person under 21 years of age. Any individual, business, or other entity that sells, attempts to sell, offers, provides, or distributes a kratom product or 7-OH product shall conduct age-verification to ensure compliance with this subsection.

B. Except as otherwise authorized by law, an individual, business, or other entity shall not sell, attempt to sell, offer, provide, or distribute a kratom product or 7-OH product with a level of 7-hydroxymitragynine that is greater than 2 percent of the total kratom alkaloids in the product.

C. Except as otherwise authorized by law, an individual, business, or other entity shall not sell, attempt to sell, offer, provide, or distribute a kratom product or 7-OH product that is attractive to children.

D. No person, business, or entity shall sell, attempt to sell, offer, provide, or distribute any kratom product that contains or is adulterated with synthesized or semi-synthesized 7- kratom alkaloids or kratom constituents.

Section 8.56.040 Violations and Penalties.

Any person who violates this chapter is guilty of a misdemeanor offense and upon conviction thereof may be fined up to $1,000 and sentenced up to six (6) months in the county jail. Additionally, any person who violates this Chapter is subject to administrative citation in accordance with Chapter 1.04 of this Municipal Code. This section shall be in addition to any other legal remedies or actions that the City may have to address violations of this Chapter.

SECTION 3. CEQA. This ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Regs. § 15378(a).) Further, the ordinance is exempt from CEQA because there is no possibility that the ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).) The City Clerk may cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.

SECTION 4. SEVERABILITY. The City Council declares that, should any provision, section; paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this ordinance shall remain in full force and effect. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion hereof and intends that the invalid portions should be severed, and the balance of the ordinance be enforced.

SECTION 5. EFFECTIVE DATE. This ordinance shall take effect 30 days after its passage and adoption pursuant to California Government Code section 36937.

SECTION 6. CERTIFICATION. The City Clerk of the City of Buena Park shall certify to the passage of the ordinance and shall cause the same to be posted in the manner required by law.

PASSED AND ADOPTED this ______ day of _______ 2025, by the following called vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

__________________________________
Mayor

ATTEST:

_______________________________
City Clerk

I, Adria M. Jimenez, MMC, City Clerk of the City of Buena Park, California, do hereby certify that the foregoing ordinance was introduced and passed at a regular meeting of the City Council of the City of Buena Park held on the ______ day of _______, 2025

_________________________________
City Clerk

7-Hydroxymitragynine (7-OH):

An Assessment of the Scientific Data and
Toxicological Concerns Around
an Emerging Opioid Threat

7-Hydroxymitragynine (7-OH):

An Assessment of the Scientific Data and
Toxicological Concerns Around
an Emerging Opioid Threat
1 FDA Center for Drug Evaluation and Research
Authors
Chad J. Reissig, PhD, Supervisory Pharmacologist, Controlled Substance Staff (CSS), CDER Dominic Chiapperino, PhD, Director, CSS, CDER
Amy Seitz, PhD, MPH, Team Lead for Nonmedical Drug Use Team 3, Division of Epidemiology II (DEPI), Office of Pharmacovigilance and Epidemiology (OPE), Office of Surveillance and Epidemiology (OSE), CDER
Regina Lee, Pharm.D., Safety Evaluator, Division of Pharmacovigilance II, OPE, OSE, CDER Rose Radin, PhD, Associate Director for Science, DEPI, OPE, OSE, CDER Jana McAninch, MD, MPH, MS, Associate Director for Public Health Initiatives, OSE, CDER Acknowledgments
Matthew Daubresse, DrPH, MHS, Epidemiologist, DEPI, OPE, OSE, CDER Tamra Meyer, PhD, MPH, Associate Director for Nonmedical Drug Use, DEPI, OPE, OSE, CDER Marta Sokolowska, PhD, Deputy Center Director for Substance Use and Behavioral Health, CDER
2 Table of Contents
EXECUTIVE SUMMARY ............................................................................................................................4 INTRODUCTION.........................................................................................................................................5 The Context for 7-OH Concerns ......................................................................................................5 Contemporary Outlook ......................................................................................................................5 ANALYSIS OF DATA ON 7-HYDROXYMITRAGYNINE (7-OH).............................................................7 7-OH Sources and Products vs. Kratom .........................................................................................7 Patterns of 7-OH Use, Human Exposures, and Law Enforcement Data .....................................9 Preclinical Data Characterizing 7-OH Pharmacology..................................................................13 CONCLUSIONS........................................................................................................................................18 REFERENCES ...........................................................................................................................................19 3 EXECUTIVE SUMMARY
Recent reports indicate increased availability and marketing of 7-hydroxymitragynine (7-OH) in the U.S., raising public health concerns due to its pharmacology. This report provides an overview on the chemical, pharmacological, and epidemiological data on 7-OH. It focuses on the characterization of 7-OH-containing products in the marketplace, the evidence of increasing human exposures, and the extensive body of preclinical studies in the scientific literature that indicate the predominant mu opioid agonist pharmacology of 7-OH. These data sources indicate that 7-OH is a potent opioid that poses an emerging public health threat, especially when considering the increasing availability of enhanced or concentrated 7-OH products in the marketplace.
7-OH is a naturally occurring substance in the kratom plant (Mitragyna speciosa), but only a minor constituent that comprises less than 2% of the total alkaloid content in natural kratom leaves. However, 7-OH demonstrates substantially greater mu-opioid receptor potency than kratom’s primary alkaloid constituent mitragynine, as well as other classical opioids such as morphine. In vitro studies reveal 7-OH exhibits high binding affinity for mu-opioid receptors (Ki =

7.2-70 nM), with functional activity as a mu agonist. Animal behavioral studies demonstrate its rewarding effects from self-administration and conditioned place preference methods, consistent with its opioid properties. Critically, 7-OH produces respiratory depression, physical dependence, and withdrawal symptoms characteristic of classical opioids, such as morphine, fentanyl, oxycodone, and hydrocodone.

Recently, there has been a concerning proliferation of concentrated 7-OH products that are sold over the counter and online. The enhanced amount of 7-OH in these products is likely synthetically derived through oxidate chemical conversion of mitragynine isolates or kratom extracts. Given the trace amounts of 7-OH that are naturally present in kratom, direct extraction of 7-OH from plant material would simply be unfeasible economically.

Surveillance data from multiple sources, including America’s Poison Centers National Poison Data System (NPDS), Drug Enforcement Administration toxicology testing programs, and social media monitoring, suggest increasing human exposure to these concentrated 7-OH products.

Clinical presentations include euphoria, sedation, respiratory depression, and opioid-like withdrawal syndromes, with users acknowledging its significant addiction potential.

The pharmacological profile, abuse liability, and emerging patterns of non-medical use establish 7-OH as a dangerous substance. Current regulatory gaps have enabled widespread availability of these products despite their opioid-like properties and necessitate immediate policy intervention to address this emerging threat to American public health. 4 INTRODUCTION
The Context for 7-OH Concerns
7-Hydroxymitragynine (7-OH) is a component of the plant kratom (Mitragyna speciosa), a tropical evergreen tree in the Rubiaceae family that grows in the wetlands of Southeast Asia (Brown et al., 2017). Kratom leaves contain over 50 alkaloids, with mitragynine and 7-OH being the primary psychoactive constituents (Warner et al., 2016). Its leaves, consumed as a tea or in dry leaf form, have been used for centuries in both medicinal and recreational settings, largely due the properties of its alkaloids mitragynine and 7-OH. Typically, 7-OH occurs in botanical kratom in amounts no more than ~.01-.04 percent by dry weight (Heywood et al., 2024).

Medicinally, kratom has been used to treat headaches, diarrhea, insomnia, anxiety, opioid use withdrawal, and more, while in recreational use cases, it has been associated with feelings of euphoria (Hill et al., 2025). Currently, there are no FDA-approved drugs containing kratom or kratom-derived drug substances such as 7-OH for any therapeutic indications.

Kratom products have grown in popularity since the mid-2000’s; however, kratom, mitragynine, and 7-OH have faced regulatory scrutiny in the United States due to concerns about their safety and potential for abuse. None of these substances are lawful when added to conventional foods, as dietary supplements, or as ingredients in any FDA-approved drug, and yet, these substances are still sold in various markets. At the state level, some jurisdictions have implemented restrictions on their sale and use. Until now, 7-OH has not been the sole target of a regulatory response but has always been addressed alongside the kratom plant and mitragynine.

FDA issued its first import alert for kratom in 2012. At the time, kratom was being marketed in various forms for human consumption despite a lack of approved drug uses or established safety as a dietary ingredient. In the years since, additional import alerts have been issued by the Agency. The Drug Enforcement Administration (DEA) and the Department of Health and Human Services (HHS) had given consideration to kratom, as well as its constituents, mitragynine and 7-OH, to determine whether these substances should be recommended for control under the Controlled Substances Act (CSA). Those actions were ultimately suspended in 2018, with the Assistant Secretary for Health at that time stating that the science was incomplete, and the available data were not adequate to support a recommendation to control these substances under the CSA.

Contemporary Outlook
Given the concerning trends with 7-OH and other kratom-related products, FDA has now determined that a more comprehensive assessment of available scientific and medical data on 7-OH is warranted. Many of the products available today, which are often associated with or advertised as kratom, no longer resemble botanical kratom. Instead, they contain “enhanced” or concentrated amounts of 7-OH and are formulated as powders, capsules, and liquid extracts designed to generate a stronger effect on users. Other products are explicitly advertised as 7- OH-containing products. One analysis of websites selling 7-OH products found that most (82.2 %) were formulated as chewable/sublingual tablets, shots, or gummies and marketed specifically as 7-OH only products (92%). The mean cost per recommended dose/serving was $3.97 (Hill et al., 2025).
5 As described below, research has shown that 7-OH is a potent mu-opioid receptor agonist, demonstrating pharmacological characteristics that define classical opioids like morphine and fentanyl. Based on its opioid pharmacology, there is significant potential for abuse of 7-OH. In fact, in various preclinical studies it has demonstrated greater potency than classical opioids.

For example, 7-OH produces respiratory depression with more than 3-fold greater potency than morphine. Since the substance’s therapeutic and psychoactive effects are mediated through the same mu-opioid receptor pathways as classical opioids, it can be considered to have opioid properties warranting similar regulatory consideration (Hill et al., 2025; Obeng et al., 2021).

In this report, FDA presents its new assessment of the available scientific data and literature on 7-OH, as well as more recent law enforcement data and the rapidly evolving trends in kratom- related products. FDA still has concerns about the safety of kratom products more broadly and the unlawful marketing of them under several regulated product categories in the Federal Food, Drug, and Cosmetic Act. However, there is a recognized need for more immediate action to address 7-OH because it is a substance with potent mu opioid agonist properties and significant abuse liability.
6 ANALYSIS OF DATA ON 7-HYDROXYMITRAGYNINE (7-OH)
7-OH Sources and Products vs. Kratom
The alkaloid 7-hydroxymitragynine (7-OH) is a naturally occurring substance in the kratom plant (Mitragyna speciosa), but only a minor constituent, described as early as 1994, when it was reported to comprise about 1.6% of the total alkaloid content of kratom leaves (Ponglux et al., 1994). This early reported value is in agreement with more recent assessments that have consistently demonstrated 7-OH as comprising less than 2% of the total alkaloid content in natural kratom as noted below.
7-OH has the chemical structure shown in Figure 1. Its IUPAC name is methyl (E)-2- [(2S,3S,7aS,12bS)-3-ethyl-7a-hydroxy-8-methoxy-2,3,4,6,7,12b-hexahydro-1H-indolo[2,3- a]quinolizin-2-yl]-3-methoxyprop-2-enoate, and it has the molecular formular C23H30N2O5, with a molecular weight of 414.40 amu.

N
N
O
O
O
O
HO
Figure 1. 7-Hydroxymitragynine Chemical Structure
Although details are not well-known, 7-OH is present in some products in amounts far exceeding its natural levels in the kratom plant. The 7-OH in these products is likely derived from the kratom plant. These 7-OH-enhanced products likely involve additional chemical synthetic steps by the producers of these products, converting the more abundant plant alkaloid mitragynine into 7-OH via chemical oxidation.

Data are available regarding 7-OH as a percentage of the total alkaloid content in kratom, and also as a percentage of dried botanical kratom leaf material and other kratom-derived products in the U.S. marketplace. One recent review reports 7-OH as comprising 2% of the total alkaloid content in kratom (Hossain et al., 2023) and this result can be extended to samples of kratom grown in the U.S. (Leon et al., 2009). In another analysis of 13 commercial products purported to contain kratom, the 7-OH content by weight ranged from 0.01-0.04% (Kikura-Hanajiri et al., 2009) a finding in agreement with others that have reported 7-OH to account for less than 0.05% by weight, substantially lower than reported mitragynine amounts (Kruegel et al., 2019). A more 7 recent study used ecological momentary assessment to evaluate the motivations and patterns of use of adult U.S. kratom consumers (Smith, Panlilio, Feldman, et al., 2024; Smith, Panlilio, Sharma, et al., 2024). As part of the study, subjects provided samples for quantitative testing of their own kratom products that they obtained and were self-administering. Across the 341 samples, the 7-OH content (expressed as a percentage by weight/weight or weight/volume, as indicated) ranged from below the limit of quantitation (< 0.005%) to a maximum of 0.21% with a mean of 0.01% (Sharma et al., 2025). These data suggest 7-OH is present in botanical kratom (i.e., leaf) at relatively low or trace amounts and may be a postharvest oxidative derivative of mitragynine (Karunakaran et al., 2024).

Common forms of kratom sold online include powders, capsules, resin extracts, crushed leaves, and tablets, although loose powder and prepared capsules have been reported to be the most frequently used formulations (Garcia-Romeu et al., 2020; Smith, Panlilio, et al., 2024). While kratom use characteristics are complicated by the diversity of products in the marketplace, survey studies have reported on consumption patterns. Garcia-Romeu collected data from regular kratom users and found that most users reported using 1-3g (49%) or 4-6g (33.4%) of botanical kratom per consumption (Garcia-Romeu et al., 2020). In other survey studies, the self- reported average consumption of kratom powder was 4-5 g per serving with serving sizes ranging between 2.6- 7.5 g (Rogers et al., 2024; Smith et al., 2022). When quantifying the amount of mitragynine consumed through the use of kratom, individuals self-reported consuming an average of 31.3 mg of mitragynine/serving and a range of 78.3 – 134.6 mg of mitragynine per day (Sharma et al., 2025).

Mitragynine, as the most abundant alkaloid in kratom, accounts for about 66% of the total alkaloid content of kratom and less than 2% of dried leaf content by weight, although there are reports of regional and seasonal variability in the tree’s alkaloid composition (Arndt et al., 2011; Leon et al., 2009; Sengnon et al., 2023). For example, Chear and colleagues collected fresh kratom leaves from different locations in Peninsular Malaysia and determined their alkaloid profiles. The mitragynine concentration ranged from 9.38 to 18.85 mg/g or 0.38% to 1.89% of dried leaf weight while the 7-OH concentration ranged from 0.05 to 0.15 mg/g or 0.005% to

0.015% (Chear et al., 2021).

Despite the low amounts of 7-OH in botanical kratom, there are reports of its more-enhanced presence in commercial kratom-related products (Grundmann et al., 2024), although some products have been identified in reports from nearly a decade ago. For example, Lydecker and colleagues tested eight commercially available kratom products for their alkaloid content(s). In seven of the eight products tested, they found levels of 7-OH to be 109-509% higher than expected, based on naturally occurring levels of 7-OH reported in the kratom plant (Lydecker et al., 2016). More recently, the Tampa Bay Times purchased twenty kratom-derived products from local stores. One of those products consisted of pressed pills and contained 15 mg/pill of 7-OH, an amount far greater than observed in any botanical kratom preparation to date (Ogozalek, 2023). In addition to the verified amounts of 7-OH in the products obtained by Lydecker et al. and the Tampa Bay Times, other products labeled and/or purported to have high levels of 7-OH appear to be readily available for purchase online.

In summary, the low amounts of 7-OH in natural botanical kratom products is well-established as a percentage of alkaloid content, as a percentage of dried kratom leaf material, and in products representing other dosage forms made from natural kratom and consistent with its natural 8 composition. However, there are also a concerning and increasing number of products being sold that have unexpectedly and unnaturally high levels of 7-OH. This poses a threat to public health that is more clearly understood based on the pharmacological properties and effects of 7- OH, discussed in the preclinical data section below, and also in the limited information available on known patterns of human use and resulting harms discussed below. These sections will present and discuss the evidence in the available data that establishes the mu opioid agonist pharmacology associated with 7-OH in particular.

Patterns of 7-OH Use, Human Exposures, and Law Enforcement Data There are several sources of information to characterize the current patterns of 7-OH use and the resulting harms to individuals who knowingly or unknowingly are exposed to 7-OH at significant doses from 7-OH-enhanced products, as described in the subsections below.

National Drug Early Warning System (NDEWS)
The National Drug Early Warning System (NDEWS) provides real-time surveillance from sentinel sites across U.S. to detect early signals of potential drug epidemics using novel (e.g., street reporting, web monitoring) and traditional data sources (e.g., OD deaths, treatment admissions).

NDEWS analyzed Reddit posts mentioning 7-OH during January to September 2024 and found that posts increased over this time. These posts are broad and can vary in content but have included warnings from Reddit users about respiratory depression, potency, dependence and long-lasting withdrawal (NDEWS, 2024).

Social Media
A variety of social media outlets were assessed for mentions and/or discussions of 7-OH.

Websites included:
• erowid.org - a member-supported organization providing access to information about psychoactive plants, chemicals, and related issues;
• bluelight.org - an international message board that educates the public about responsible drug use by promoting free discussion, advocating harm reduction, and attempting to eliminate misinformation;
• reddit.com - online forum that functions as a vast collection of user-driven communities, known as sub-Reddits, each centered around specific topics.

It is important to note that all considerations of these social media sources are, at best, anecdotal in considering the risks and abuse potential associated with 7-OH products.

However, it is clear that there is fairly widespread understanding of the availability of products specifically targeting high levels of the substance 7-OH, distinct from kratom products generally.

In analyzing these social media posts, some relevant themes have been identified and include mention of the following: euphoria and an opioid-like “buzz”/high as motivation for consuming 7- OH; availability of “candy-like” formulations which users acknowledge as having a risk of overconsumption to their own detriment; perceptions of therapeutic value of 7-OH in self- treating pain and anxiety; concerns over loss of access to these products if they were to be banned; acknowledgement that use of these products could lead to overdose and serious 9 outcomes including death; and acknowledgement that use could lead to addiction and has caused users to experience withdrawal symptomology much like that produced by other commonly abused opioids.

Drug Enforcement Administration Toxicology Testing Program (DEA TOX) The Drug Enforcement Administration Toxicology Testing program (DEA TOX) conducts analyses of voluntarily submitted leftover or previously collected biological samples from drug overdose victims to identify novel psychoactive substances (NPS) and other drugs of abuse in subjects with fatal and nonfatal overdose. The DEA TOX database was queried for reports of mitragynine, 7-OH, or mitragynine pseudoindoxyl from 2019-2025. A total of 103 cases, some fatal and some non-fatal, were identified in this selected sample; this database does not include all overdose cases, and the number of samples voluntarily submitted for analysis may vary year to year based on unknown factors.

It is notable that the utility of the DEA TOX data is limited because it generally cannot be discerned whether deaths are related to mitragynine, 7-OH, or mitragynine pseudoindoxyl, or some combination thereof. In addition, although 7-OH and mitragynine pseudoindoxyl are not typically found in appreciable amounts in fresh kratom leaves (Hill et al., 2025), both are metabolites of mitragynine, complicating forensic assessments of causality (Kamble et al., 2020).

These are significant limitations in making inferences from these data; however, the number of fatal overdose cases in which one or more of these substances were detected for 2023 to 2025 are approximately three-fold higher than for the years 2019 through 2022, coinciding with the more recent entry of more-concerning kratom-related products in the marketplace, such as 7- OH.

Human Exposures in Pharmacokinetic Studies
Pharmacokinetic (PK) data for 7-OH are sparse, as to our knowledge, no clinical studies have been performed using isolated or purified 7-OH. Nonetheless, there are 7-OH PK data derived from a small number of studies using botanical kratom. Most available clinical PK data for 7-OH are variable, which may be for several reasons such as genetic differences in kratom plants, different formulations (e.g., teas, capsules, etc.), and methods of analysis. Much of the data is also from non-controlled studies making it difficult to interpret the results. Huestis and colleagues conducted a randomized, between-subject, double-blind, placebo-controlled dose escalation study of 500-4000 mg encapsulated dried kratom leaf powder corresponding to mitragynine doses of 6.65-53.2 mg. Twelve subjects enrolled in the study (n=12). Blood plasma levels of mitragynine and 7-OH were assessed after a single dose, and then again after 15 days of continuous dosing. According to the study authors, peak plasma levels of 7-OH (i.e., C
maxvalues) and exposure (i.e., area under the curve, (AUC)) were lower than mitragynine but increased in a dose proportional manner and ranged from 3.6 to 22.7 ng/mL while the time to peak plasma levels (i.e.,Tmax values) ranged from 1.2 – 1.8 h. The half-life of 7-OH increased with increasing dose and ranged from a mean of 1.7 to 4.7 hours. During the multiple dose phase of the study, 7-OH steady state was reached in about 7 days (Huestis et al., 2024).

In another study examining the PK properties of 7-OH, sixteen healthy subjects (n=16) received kratom tea containing 23.6 mg of mitragynine. Subjects were administered tea in two sessions:
once with tea alone, and in a second session following pretreatment with itraconazole, a 10 CYP3A4 inhibitor. The 7-OH Cmax was 12.81±3.39 ng/mL which occurred 1.7 h after administration (Tmax). In the second session after pretreatment with itraconazole (200 mg), the Cmax decreased 56% with a concomitant 43% decrease in AUC. These data describe the PK of 7-OH and demonstrate that the metabolism of mitragynine to 7-OH is heavily dependent on CYP3A4 (Mongar et al., 2024).

Tanna et. al., assessed the PK of a single orally administered dose of kratom (2 g), in the form of a tea, to healthy adult subjects (n = 5 completers). According to the authors, there were only trace amounts of 7-OH (< LOQ) in the starting product, therefore, the assumption was made that 7-OH was generated from the metabolism of mitragynine in vivo. The authors identified a PK difference between enantiomers of kratom alkaloids in either the 3S or 3R configuration. 7-OH has a 3S configuration which, according to the authors, leads to a shorter T max, lower exposure
(AUC), longer terminal half-life, and a higher volume of distribution during the terminal phase compared to the 3R alkaloids. Measured 7-OH in plasma samples demonstrated that 7-OH had a Cmax = 16.1 nM, Tmax = 1h, half-life = 5.67h, and an AUC0-120h = 103nM x h.(Tanna et al., 2022).

Epidemiological Data Sources
Limitations with the Epidemiological Data Sources
Because 7-OH appears to be a novel, emerging public health threat, the ability of public health surveillance systems to monitor 7-OH specific risks may be limited. For example, large national surveys such as the National Survey on Drug Use and Health include questions about use of kratom, but not 7-OH. Additionally, there may be a lack of awareness among consumers of kratom-related products that they are obtaining 7-OH enhanced products, and thus use of 7-OH would likely be underreported in data collected using self-report. Many forensic laboratories test for mitragynine as a marker of kratom use. In these cases, 7-OH overdose cases and fatalities may incorrectly be classified as kratom and/or mitragynine-related (Smith, Boyer, et al., 2024). Furthermore, toxicology reports documenting presence of 7-OH are difficult to interpret, because 7-OH is a known metabolite of mitragynine in humans. All of these issues complicate the real-world assessment of risks associated with use of 7-OH containing products as distinct from risks associated with kratom and other mitragynine-containing products.

FDA’s Adverse Event Reporting System
Although FDA’s Adverse Event Reporting System (FAERS) has documented cases reporting adverse events (13 cases, including 2 deaths) suspected to involve 7-OH, ambiguity about the contributory role of 7-OH from uncharacterized products or concomitant medications and underlying disease limits interpretation. Therefore, we do not include further analysis of these FAERS cases here.
11 - -
America’s Poison Centers, National Poison Data System
National Poison Data System (NPDS) receives near real-time data from the nation’s poison centers (PC), providing information and assistance to callers on exposures to prescription drugs, over-the-counter medications, unapproved products, and other substances. PC healthcare professionals systematically follow up on exposure cases to document medical and clinical effects. Quality control measures are used to ensure data accuracy and completeness. Notably, 7-OH specific NPDS codes were only recently added (Feb-May 2025), and therefore the NPDS reporting period is limited to 2/1/2025-4/30/2025. As shown below, there were a total of 53 exposure cases involving 7-OH during this time period, the majority of which involved abuse- related reasons for use (i.e., “intentional abuse”). Most single-substance 7-OH exposure cases resulted in minor or moderate clinical outcomes, with several documented has having major clinical outcomes.

Table 1. National Poison Data System Closed Human Exposure Cases*, 2/1/2025-4/30/2025
Number of
exposure
cases**
Number of
abuse
cases**
Single
substance
exposure cases
Single substance
abuse cases
Total cases involving 7-OH 53 24 37 16
Reason
Adverse drug reaction 4 2
Intentional- abuse 24 16
Intentional- misuse 4 3
Intentional - Suspected suicide 2 0
Other – Withdrawal 8 6
Unintentional – general 4 4
Unintentional- misuse 1 1
Unintentional therapeutic error 4 3
Unknown reason 2 2
Related clinical outcomes
Minor 6 3
Moderate 13 6
Major 3 1
Not followed, minimal clinical
effects possible 5 3
Unable to follow, judged as
potentially toxic exposure 1 0
Age
<18 years 6 1 5 0
≥ 18 years 46 23 32 16
Unknown age 1 0 0 0
*Excludes cases classified as 'confirmed non-exposure’
**Cases may involve other substances, besides 7-OH
Related clinical outcomes include cases with clinical effects deemed “related” to exposure based on timing, severity, and assessment of clinical effects by Poison Center Specialists. Definitions available from America’s Poison Centers: NPDS Full Report 2023. Page 235.
12 Note: This analysis used the case listing data in NPDS to identify and characterize cases documented as involving 7-OH. As of July 2025, an in-depth review NPDS case narrative data was ongoing; this further review may yield different numbers from those presented here.

Summary of Epidemiological Data and 7-OH Concerns
Available surveillance data indicate that abuse of 7-OH is occurring and is associated with serious harms; however, as noted previously, it is difficult to quantify the public health burden because surveillance systems do not provide estimates for the prevalence of 7-OH use and are only beginning to track the specific involvement of 7-OH enhanced products in exposure cases and overdoses. The current epidemiologic data on 7-OH exposures often lack sufficient detail to distinguish with confidence involvement of botanical kratom products from 7-OH enhanced products.

Preclinical Data Characterizing 7-OH Pharmacology
Although there are limited data from human studies to characterize effects of 7-OH in humans, as noted above, there is a large body of in vitro and animal studies that provide extensive evidence of 7-OH as a potent mu opioid agonist, as described in below subsections.

In Vitro Data
Receptor Binding Studies
7-OH has been shown to have affinity and activity at mu opioid receptors. In a study using human embryonic kidney (HEK) cells with cloned, human opioid receptors, 7-OH demonstrated high affinity for the mu opioid receptor (Ki = 47 nM) relative to kappa (Ki = 188 nM) and delta opioid receptors (Ki = 219 nM) (Kruegel et al., 2016). In a second study using HEK 293 cells expressing human mu and other opioid receptors, 7-OH demonstrated high affinity for mu opioid receptors (Ki = 16 ± 1 nM) and its affinity was greater than mitragynine (Ki = 238 ± 28 nM) and lower than morphine (Ki = 1.50 ± 0.04 nM) (Todd et al., 2020). Using an in vitro radioligand binding assay with CHO cells expressing murine-derived opioid receptors, 7-OH demonstrated relatively high affinity for mu-opioid receptors (Ki = 37 ± 4 nM), relative to mitragynine (Ki = 230 ± 47 nM), although its affinity was lower than morphine (Ki = 4.6 ± 1.8 nM) (Varadi et al., 2016).

Other studies conducted using whole brain homogenates of guinea pig brain tissue have also demonstrated that 7-OH has high affinity at mu opioid receptors (Ki = 8.0 nM) relative to kappa (Ki = 6.7 nM) and delta opioid receptors (Ki = 6.8 nM) (Matsumoto et al., 2004). Obeng and colleagues evaluated the binding affinity of 7-OH using human recombinant HEK 293 cells expressing mu opioid receptors. Their results are in agreement with the data presented above where the authors found that 7-OH binds with high affinity (Ki = 7.2 nM) to mu opioid receptors relative to delta (Ki = 236 nM) and kappa (Ki = 74.1 nM) receptor subtypes (Obeng et al., 2020).

A number of additional binding studies are in keeping with the data described above, demonstrating the affinity of 7-OH for mu opioid receptors across a variety of binding assays (Chakraborty et al., 2021; Matsumoto et al., 2008; Obeng et al., 2021; Takayama et al., 2002).

The results of the receptor binding studies with 7-OH are in keeping with in silico receptor binding models that suggest 7-OH has high affinity for the mu opioid receptor. The in silico modeling results were subsequently confirmed with a radioligand binding assay where 7-OH demonstrated high affinity for cloned, human mu opioid receptors (K i = 70 nM). (Ellis et al.,
13 2020). Collectively, the available receptor binding data demonstrate the affinity and binding of 7-OH to mu opioid receptors.

Functional Studies
Many of the studies referenced above performed additional assessments of 7-OH to determine its functional activity after binding (i.e., agonist or antagonist effects). These studies have consistently demonstrated that 7-OH produces mu-opioid agonist effects. For example, Kruegel and colleagues examined the functional activity of 7-OH and mitragynine in HEK cells expressing opioid receptors using a bioluminescence resonance energy transfer (BRET) assay.

Both mitragynine and 7-OH functioned as partial agonists, producing Emax values of 34% and 47% respectively and EC
50 values of 339 ± 178 nM and 34.5 ± 4.5 nM (Kruegel et al., 2016).

Activation of the mu opioid receptor pathway was also investigated using forskolin-stimulated cyclic adenosine monophosphate (cAMP) accumulation in Chinese Hamster Ovary (CHO) cells expressing mu opioid receptors. In this assay, 7-OH produced a maximal activation (Emax) of

85.9%, a value similar to that produced by the positive control comparators DAMGO (86.2%) and morphine (86.9%). These data suggest 7 -OH acts a full mu opioid agonist (Todd et al., 2020). Similarly, Matsumoto and colleagues concluded that 7-OH was “found to have an opioid agonist property on µ- and/or κ-opioid receptors” based on its ability to inhibit contraction of isolated guinea pig ileum. In this assay, 7-OH displayed approximately 13-fold greater potency than morphine and 46-fold greater potency than mitragynine. The inhibition was reversed by naloxone, suggesting the effects are mediated via mu opioid receptors (Matsumoto et al., 2004).

Other functional assays produced results that are aligned with Matsumoto and colleagues. For example, using a cAMP mobilization assay as a measure of functional effects, 7-OH acted as a full agonist with an EC
50 of 7.6 nM, and was more potent than mitragynine (EC50 307.5 nM) (Obeng et al., 2020). Likewise, when evaluating the agonist activity of 7-OH in an electrically stimulated guinea pig ileum, 7-OH acted as a full agonist and was more potent than morphine (Takayama et al., 2002). Finally, using a [35S] GTPγS functional assay, 7-OH produced an Emax of 77% with an EC50 of 53.4 nM, further demonstrating its agonist effects (Varadi et al., 2016).

Animal Data on Behavioral and Physiological Effects
Conditioned Place Preference
Conditioned place preference (CPP) is a commonly utilized animal model to study the rewarding effects of drugs. In this paradigm, an animal is conditioned to associate a particular environment with a drug treatment, and an alternative environment with a non-drug condition. After repeated sessions, the animal is then observed under non-drug conditions to determine which environment the animal prefers. CPP is established if the animal spends more time in the drug- paired compartment vs. the vehicle-paired compartment (Mombelli, 2022; Prus et al., 2009).

Many drugs of abuse produce CPP, though notably, it is not a direct measure of reinforcing effects.

Using the CPP paradigm, several studies have demonstrated the ability of 7-OH to produce rewarding effects and that it does so more potently than morphine. Gutridge and colleagues employed C57BL/6 mice and demonstrated the development of CPP after 3 mg/kg 7-OH. CPP was observed after both doses although 7-OH required more sessions (4 sessions) whereas morphine (6 mg/kg) was able to establish CPP in two sessions (Gutridge et al., 2020). Similarly, 14 other studies have demonstrated the ability of 7-OH (2 mg/kg) to produce CPP, and that it does so with greater potency than morphine (Matsumoto et al., 2008).

Drug Discrimination
Drug discrimination is an experimental method in which animals identify whether a test drug produces interoceptive effects similar to those produced by a drug to which the animals are trained to differentiate from placebo, and which has known pharmacological properties. If the known drug is one with abuse potential, drug discrimination methods can be used to predict if a test drug will have abuse potential in humans (Balster & Bigelow, 2003; Solinas et al., 2006).

For abuse assessment purposes, an animal is trained to press one bar when it receives a known drug of abuse (the training drug) and another bar when it receives placebo. A challenge session with the test drug determines which of the two bars the animal presses more often as an indicator of whether the test drug is more like the known drug of abuse or more like placebo. A test drug is said to have “full generalization” to the training drug when the test drug produces bar pressing >80% on the bar associated with the training drug (Ator & Griffiths, 2003; Swedberg, 2016; Walker, 2018; Young, 2009). A test drug that generalizes to a known drug of abuse will likely be abused by humans (Balster and Bigelow, 2003).

Male Sprague Dawley rats were trained to discriminate morphine (5.0 mg/kg i.p.) from saline using a 30 min pretreatment time and FR10 schedule of reinforcement. After successful training, substitution tests with 7-OH (0.3, 1.0 and 3.0 mg/kg) were performed. The highest dose of 7-OH (3.0 mg/kg) produced complete substitution for the morphine stimulus cue. Moreover, pretreatment with naloxone significantly reversed the 7-OH substitution and resulted in saline- like responding. Notably, in this study, 7-OH was more potent than morphine (Harun et al., 2015).

In a second study, the discriminative stimulus effects of 7-OH were examined in separate groups of rats trained to discriminate either morphine (3.2 mg/kg i.p., 15 min pretreatment) or mitragynine (32 mg/kg i.p., 30 min pretreatment) from saline. After successful acquisition of discrimination training 7-OH was administered in substitution tests. 7-OH was administered i.p., with a 15 min pretreatment time in a dose range of 0.1-17.8 mg/kg. In the morphine-trained rats, 7-OH produced complete substitution at doses above 0.56 mg/kg, with the 1.0 mg/kg dose producing 100% drug-lever-appropriate responding and a resultant ED 50 of 0.28 mg/kg. Notably,
the dose-response curve was shifted to the left, demonstrating an increased potency of 7-OH relative to morphine. In addition, pretreatment with 0.032 mg/kg naltrexone shifted the dose- response curve to the right suggesting substitution was mediated via mu-opioid receptors (Obeng et al., 2021). Taken together, the drug discrimination data demonstrate the ability of 7- OH to substitute and mimic the stimulus effects of morphine, and that 7-OH is more potent in doing so. These data are a strong indication that 7-OH produces subjective effects in humans that are similar to opioids, along with an associated abuse potential.

Self-Administration
Self-administration is a method that assesses whether a drug produces reinforcing effects that increase the likelihood of behavioral responses in order to obtain additional drug (i.e., whether an animal will press a lever for a drug injection). Drugs that are self-administered by animals are 15 likely to produce rewarding effects in humans, which is indicative of abuse potential. Generally, a good correlation exists between those drugs that are self-administered by animals and those that are abused by humans (Balster & Bigelow, 2003; Brady et al., 1987; Johanson & Schuster, 1981; Panlilio & Goldberg, 2007). It is notable that self-administration is a behavior that is produced by drugs that have been placed into every schedule of the CSA. Additionally, rates of self-administration for a particular drug will go up or down if the available drug dose or the work requirement (bar pressing for drug) is altered. Positive results from a self-administration study provide an abuse potential signal, suggesting that a drug has rewarding properties, but not necessarily that it produces more rewarding effects than another drug in humans. 7-OH produces reinforcing effects and is self-administered by rodents. In the study, rodents were trained to self-administer morphine (100 µg/infusion) and faded to 50 µg/infusion once stable responding was achieved. Thereafter, extinction sessions were performed to confirm acquisition of the self-administration training prior to substitution tests. Substitution tests were performed with 7-OH doses of 2.5, 5, 10 and 20 µg/infusion. In the substitution tests, 7-OH produced an inverted U-shaped curve and the number of infusions for 5 and 10 µg/infusion of 7- OH were significantly greater than vehicle, demonstrating the reinforcing effects of 7-OH (Hemby et al., 2019).

The self-administration of 7-OH was blocked by both a mu opioid antagonist (naloxonazine) and a delta opioid antagonist (naltrindole), suggesting its reinforcing effects are mediated via opioid receptors. In addition, peak morphine self-administration occurred at 50 µg/infusion while peak 7-OH infusions occurred at 5 µg/infusion, demonstrating a substantially increased potency of 7- OH relative to morphine.

There are some pharmacokinetic (PK) data available from animal studies involving the administration of isolated, i.e., single entity, 7-OH. Following a single oral dose (1 mg/kg 7-OH) to beagle dogs, absorption was rapid, with a peak plasma concentration (i.e., Cmax) of 56 ± 1.6 ng/mL 15 minutes post-dose. The elimination half-life was slower, producing a mean of 3.6 ±

0.5 h. No AEs were observed, and no abnormal laboratory findings were reported (Maxwell et al., 2021). In adult male and female mice, the PK parameters of 7-OH were investigated after a single oral dose of 50 mg/kg 7-OH. The tissue distribution of 7-OH was observed in descending order: liver > kidney > spleen > lung > brain. Plasme C max values were 0.6 and 09 μg/mL in
males and females with a T max value of 0.5 hr. Area under the curve (AUC) values over 48 hours (AUC
0-48 hr* μg/mL) were 1.4 and 2.9 in male and female mice (Berthold et al., 2022).

Antinociceptive Effects
The antinociceptive effects of 7-OH were investigated in mice using the tail flick and hot plate tests. These tests are commonly used to examine pain and analgesic effects in rodents (D'Amour & Smith, 1941). In these tests, rodents are subject to a heat stimulus and timed for the duration it takes to move their tail (i.e., tail flick) or produce a response such as jumping, licking, or shaking of limbs (i.e., hot plate).

In the tail flick test, subcutaneous administration of 7-OH (2.5 – 10 mg/kg) produced both time and dose-related antinociceptive effects. Notably, the dose-effect curve for 7-OH was shifted to the left, indicating a greater potency than the positive control comparator, morphine. Similar results were observed in the hot plate test, and when morphine and 7-OH were administered 16 orally. Naloxone (2 mg/kg s.c.) inhibited the effects of 7-OH and morphine in both tests (Matsumoto et al., 2004; Matsumoto et al., 2008). Concurrent results were observed by Obeng and colleagues using the hot plate test. In their study, 7-OH (0.0032 – 3.2 mg/kg, i.v.) produced maximum antinociceptive effects and was more potent morphine but less potent than fentanyl when administered intravenously. Likewise, naltrexone (0.1 mg/kg) reversed the antinociceptive effects of 7-OH suggesting the antinociception was mediated via mu opioid receptors (Obeng et al., 2020).

Respiratory Depression
A major risk of opioid exposure and cause of opioid-induced death is respiratory depression (Baldo & Rose, 2022; Bateman et al., 2023). To examine the respiratory effects of 7-OH in rodents, whole body plethysmography was used in freely moving, awake rats. Both morphine (10 and 32 mg/kg, i.v.) and 7-OH (1, 3.2, and 10 mg/kg, i.v.) induced significant respiratory depression as assessed by minute volume, tidal volume, and breathing frequency. The mu- opioid agonist naloxone (1.0 mg/kg i.v.) reversed these effects, a finding consistent with the mu opioid effects of 7-OH (Zuarth Gonzalez et al., 2025). These data highlight a potential risk factor of 7-OH exposure and suggest 7-OH may expose individuals to similar risks as classic opioids, including respiratory depression.

Physical Dependence and Withdrawal
It is well-established that chronic administration of opioids leads to the development of tolerance and physical dependence that may culminate into a withdrawal syndrome. In parallel with some of the hot plate tests described above, the ability of 7-OH to produce physical dependence and withdrawal was examined. Mice were treated with subcutaneous 7-OH (10 mg/kg b.i.d.) or morphine (10 mg/kg b.i.d.) for five days. Tolerance was assessed as a reduction of analgesia in the hot plate test. After five days of treatment, both morphine and 7-OH showed a decreased analgesic response on the hot plate test, demonstrating the development of tolerance. In addition, cross-tolerance was also observed between morphine and 7-OH suggesting a similar mechanism of action between the drugs. Finally, after five days of escalating doses of 7-OH and morphine (8-45 mg/kg b.i.d.) the development of withdrawal was assessed with a 3 mg/kg s.c., dose of naloxone injected two hours after 7-OH administration. Both morphine and 7-OH treatment produced signs of withdrawal such as jumping, rearing, urination, ptosis, forepaw tremor, and diarrhea (Matsumoto et al., 2005).

Summary of Preclinical Data
From the studies described above, 7-OH has high affinity for mu opioid receptors and functional activity as an agonist at these receptors. Consistent with this pharmacological activity, 7-OH is self-administered by animals, substitutes for morphine in drug discrimination studies, produces antinociception, and physical dependence leading to withdrawal when administered to rodents.

Moreover, 7-OH has consistently demonstrated an increased potency relative to morphine in preclinical rodent studies. These observations suggest 7-OH has pharmacological properties representative of a full mu opioid agonist and an associated high potential for abuse. 17 CONCLUSIONS
The data described in this report indicate that 7-OH has a significant potential for abuse and associated harms. Conclusively, 7-OH has high affinity and agonist activity at mu opioid receptors. Consistent with this pharmacological mechanism of action, 7-OH demonstrates rewarding effects in that it is self-administered by animals and also produces conditioned place preference, two well-established animal behavioral models measuring rewarding effects as a predictor of abuse potential in humans. In animal drug discrimination studies, 7-OH substitutes for morphine with full generalization. 7-OH is also demonstrated to produce antinociception consistent with opioid pharmacology, and to produce physical dependence when administered to rodents, as evidenced by a classic set of withdrawal signs associated with opioid withdrawal upon discontinuation of opioid administration. Moreover, 7-OH in all above models has consistently demonstrated an increased potency relative to morphine.

Due to the fact that 7-OH is both a metabolite of mitragynine and naturally present in low amounts in botanical kratom, using toxicology results to identify 7-OH as a primary or sole contributor in human exposures is challenging. T here is also a need for improved clinical awareness and population surveillance to better characterize patterns of 7-OH use, the products that people are obtaining, and individual treatment needs following 7-OH exposure. Additionally, questions on 7-OH are not generally included in national surveys, and other data sources that rely on self-reported use of 7-OH likely underestimate the number of 7-OH exposure cases, as individuals may be unaware of the distinction from kratom products. Nonetheless, since specific codes were added earlier this year to document 7-OH exposure cases, U.S. poison centers have identified multiple single-substance cases of 7-OH exposure resulting in serious adverse clinical outcomes. Also, although anecdotal, social media and online forums indicate growing awareness and use of 7-OH, and many testimonials of the negative opioid-mediated effects users have experienced, including 7-OH dependence, associated withdrawal syndrome, and addiction.

In the current marketplace in the U.S., 7-OH is increasingly being marketed over-the-counter and online, in concentrated forms or sufficient doses to cause harms to those individuals engaging, knowingly or unknowingly, in use of 7-OH. Based on demonstrated pharmacology, repeated or prolonged use of 7-OH would lead to tolerance, physical dependence, and potentially to opioid addiction— typical of mu opioid agonist drugs of abuse. This public health threat is troubling and requires immediate and impactful policies to educate consumers and take regulatory action that limits access to 7-OH containing products. 18 REFERENCES
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Sengnon, N., Vonghirundecha, P., Chaichan, W., Juengwatanatrakul, T., Onthong, J., Kitprasong, P., Sriwiriyajan, S., Chittrakarn, S., Limsuwanchote, S., & Wungsintaweekul, J. (2023).

Seasonal and Geographic Variation in Alkaloid Content of Kratom (Mitragyna speciosa (Korth.) Havil.) from Thailand. Plants (Basel), 12(4).
https://doi.org/10.3390/plants12040949
Sharma, A., Smith, K. E., Kuntz, M. A., Berthold, E. C., Elashkar, O. I., Guadagnoli, N., Kanumuri, S. R. R., Mukhopadhyay, S., Panlilio, L. V., Epstein, D. H., & McCurdy, C. R. (2025).

Chemical Analysis and Alkaloid Intake for Kratom Products Available in the United States. Drug Test Anal. https://doi.org/10.1002/dta.3906 Singh, D., Narayanan, S., & Vicknasingam, B. (2016). Traditional and non-traditional uses of Mitragynine (Kratom): A survey of the literature. Brain Res Bull, 126(Pt 1), 41-46. https://doi.org/10.1016/j.brainresbull.2016.05.004
Singh, D., Narayanan, S., Vicknasingam, B., Corazza, O., Santacroce, R., & Roman-Urrestarazu, A. (2017). Changing trends in the use of kratom (Mitragyna speciosa) in Southeast Asia.

Hum Psychopharmacol, 32(3). https://doi.org/10.1002/hup.2582 Smith, K. E., Boyer, E. W., Grundmann, O., McCurdy, C. R., & Sharma, A. (2024). The rise of novel, semi-synthetic 7-hydroxymitragnine products. Addiction. https://doi.org/10.1111/add.16728
Smith, K. E., Panlilio, L. V., Sharma, A., McCurdy, C. R., Feldman, J. D., Mukhopadhyay, S., Kanumuri, S. R. R., Kuntz, M. A., Hill, K., & Epstein, D. H. (2024). Time course of kratom effects via ecological momentary assessment, by product type, dose amount, and assayed alkaloid content. Drug Alcohol Depend, 264, 112460. https://doi.org/10.1016/j.drugalcdep.2024.112460
Smith, K. E., Rogers, J. M., Dunn, K. E., Grundmann, O., McCurdy, C. R., Schriefer, D., & Epstein, D. H. (2022). Searching for a Signal: Self-Reported Kratom Dose-Effect Relationships Among a Sample of US Adults With Regular Kratom Use Histories. Front Pharmacol, 13, 765917. https://doi.org/10.3389/fphar.2022.765917
Solinas, M., Panlilio, L. V., Justinova, Z., Yasar, S., & Goldberg, S. R. (2006). Using drug- discrimination techniques to study the abuse-related effects of psychoactive drugs in rats. Nat Protoc, 1(3), 1194-1206. https://doi.org/10.1038/nprot.2006.167 22 Swedberg, M. D. (2016). Drug discrimination: A versatile tool for characterization of CNS safety pharmacology and potential for drug abuse. J Pharmacol Toxicol Methods, 81, 295-305. https://doi.org/10.1016/j.vascn.2016.05.011
Takayama, H., Ishikawa, H., Kurihara, M., Kitajima, M., Aimi, N., Ponglux, D., Koyama, F., Matsumoto, K., Moriyama, T., Yamamoto, L. T., Watanabe, K., Murayama, T., & Horie, S. (2002). Studies on the synthesis and opioid agonistic activities of mitragynine-related indole alkaloids: discovery of opioid agonists structurally different from other opioid ligands. J Med Chem, 45(9), 1949-1956. https://doi.org/10.1021/jm010576e Tanna, R. S., Nguyen, J. T., Hadi, D. L., Manwill, P. K., Flores-Bocanegra, L., Layton, M. E., White, J. R., Cech, N. B., Oberlies, N. H., Rettie, A. E., Thummel, K. E., & Paine, M. F. (2022).

Clinical Pharmacokinetic Assessment of Kratom (Mitragyna speciosa), a Botanical Product with Opioid-like Effects, in Healthy Adult Participants. Pharmaceutics, 14(3). https://doi.org/10.3390/pharmaceutics14030620
Todd, D. A., Kellogg, J. J., Wallace, E. D., Khin, M., Flores-Bocanegra, L., Tanna, R. S., McIntosh, S., Raja, H. A., Graf, T. N., Hemby, S. E., Paine, M. F., Oberlies, N. H., & Cech, N. B. (2020). Chemical composition and biological effects of kratom (Mitragyna speciosa): In vitro studies with implications for efficacy and drug interactions. Sci Rep, 10(1), 19158. https://doi.org/10.1038/s41598-020-76119-w
Varadi, A., Marrone, G. F., Palmer, T. C., Narayan, A., Szabo, M. R., Le Rouzic, V., Grinnell, S. G., Subrath, J. J., Warner, E., Kalra, S., Hunkele, A., Pagirsky, J., Eans, S. O., Medina, J. M., Xu, J., Pan, Y. X., Borics, A., Pasternak, G. W., McLaughlin, J. P., & Majumdar, S. (2016).

Mitragynine/Corynantheidine Pseudoindoxyls As Opioid Analgesics with Mu Agonism and Delta Antagonism, Which Do Not Recruit beta-Arrestin-2. J Med Chem, 59(18), 8381-8397. https://doi.org/10.1021/acs.jmedchem.6b00748 Walker, E. A. (2018). A Prospective Evaluation of Drug Discrimination in Pharmacology. Curr Top Behav Neurosci, 39, 319-328. https://doi.org/10.1007/7854_2018_59 Young, R. (2009). Drug Discrimination. In J. J. Buccafusco (Ed.), Methods of Behavior Analysis in Neuroscience (2nd ed.). https://www.ncbi.nlm.nih.gov/pubmed/21204332 Zuarth Gonzalez, J. D., Ragsdale, A. K., Mukhopadhyay, S., McCurdy, C. R., McMahon, L. R., Obeng, S., & Wilkerson, J. L. (2025). Mitragynine and 7-Hydroxymitragynine:

Bidirectional Effects on Breathing in Rats. bioRxiv.
https://doi.org/10.1101/2025.05.16.654392
23 Foods, Dietary Supplements and Medical Drugs containing Kratom and 7-OH are Dangerous and Illegal to Sell or Manufacture
October 24, 2025
NR25-16
CDPH Advises Consumers to Avoid Using Kratom or 7-OH Products, Continues to Remove Kratom from Manufacturers and Retailers
What You Need to Know: CDPH is warning consumers that foods and other products containing kratom and 7-OH are illegal to sell or manufacture and may result in addiction, serious harm, overdose, and death. Despite their wide availability, these products are illegal to sell and cannot be sold online or in stores.

SACRAMENTO – The California Department of Public Health (CDPH) is warning consumers about products containing kratom and 7-hyrdroxymitragynine, commonly known as 7-OH, a potent opioid product derived from the kratom plant. These products may lead to addiction, serious harm, overdose, and death. Since April 2025, Los Angeles County Department of Public Health reported six fatal overdoses linked to 7-OH.
“Although illegal to sell or manufacture, we are still finding kratom and 7-OH products for sale in gas stations, smoke shops, online and other retailers. While these products are sometimes marketed as natural remedies, they are dangerous and can result in fatal overdoses, ” said Dr. Erica Pan, CDPH Director and State Public Health Officer. “The best way to protect yourself is to avoid using 7-OH and kratom-related products. ”
Neither kratom nor 7-OH can lawfully be marketed in the United States as a drug product, dietary supplement or food additive. Claims that kratom and 7-OH products can treat pain, anxiety and opioid withdrawal are unproven. Side effects of kratom and 7-OH include withdrawal symptoms, insomnia and anxiety, seizures and fatal respiratory depression.

What CDPH is doing to protect Californians
CDPH has been conducting investigative work associated with kratom for many years and continues to take action to remove products or raw materials containing kratom or 7-OH from retail facilities selling to consumers and from manufacturing locations. Once these products are identified during an investigation, they are embargoed or destroyed.

What you can do to protect yourself:
 Avoid buying or consuming products with kratom or 7-OH. Many kratom or 7-OH products are designed to look like candies, treats or “healthy" products. Kratom and 7-OH products are typically sold as beverages, shots, powders, tablets, capsules and gummies. Examine the packaging and label so you do not accidentally buy or consume kratom or 7-OH.  Carry naloxone. Naloxone is a life-saving medication used to reverse an opioid overdose, including overdose related to heroin, fentanyl, prescription opioid medications, or 7- OH. Californians can purchase CalRx® over-the-counter naloxone HCL for $22.50 per twin pack directly.
 If you or someone else is experiencing any ill effects after consuming kratom or 7-OH products contact Poison Control at 1-800-222-1222 or online at www.poisonhelp.org, or consult a health care provider.
 Know the signs of an overdose and how to respond. If someone is unresponsive, administer naloxone and call 911 immediately, keep the person awake and breathing, lay them on their side to prevent choking and stay with the person until 911 responders arrive.

Anyone who finds kratom or 7-OH products for sale for consumption should call the CDPH Complaint Hotline at (800) 495-3232 or submit an electronic report here.

November 12, 2025

PUBLIC HEARING
Item No. 6A.

City Council Agenda Report
ORDINANCES ADOPTING AND AMENDING CODES COMPRISING THE 2025 CALIFORNIA BUILDINGSTANDARDS CODE, AND THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE, SETTING APUBLIC HEARING CONCERNING ADOPTION, AND ADOPTION OF A RESOLUTION MAKING FINDINGS INSUPPORT OF LOCAL AMENDMENTS TO THE 2025 CALIFORNIA BUILDING STANDARDS CODE

PREPARED BY PRESENTED BY
Alex Lester, Senior Building Inspector Alex Lester, Senior Building Inspector

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Matt Foulkes, Director of Community & Economic
Development Aaron France, City Manager

RECOMMENDED ACTION
1) Introduce Ordinances adopting by reference and amending the 2025 Edition of the California Building Standards Code, including the California Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, California Electrical Code, California Residential Code, California Green Building Standards Code, California Historical Building Code, California Existing Building Code, California Wildland-Urban Interface Code, and California Referenced Standards Code, as adopted by the California Building Standards Commission, together with the local amendments outlined in the ordinances, and adopting the 2024 International Property Maintenance Code; 2) Set a public hearing and second reading for December 9, 2025; and 3) Adopt a Resolution making the necessary findings, as required by state law to support local amendments to the 2025 California Building, Fire and related codes.

PREVIOUS CITY COUNCIL ACTION
Every three years, the state of California updates the statewide building codes (the California Building Codes), which are based on the preceding year’s model codes (the International Building Codes). The City Council previously adopted the 2022 California Building Codes at its meeting on October 11, 2022. State law requires cities within the state to adopt the California Building Codes. Each cycle, in concert with the state, the City has updated their adopted reference codes.

DISCUSSION
State law requires the State Building Standards Commission, the agency charged with developing new building codes, to adopt and publish the California Building Standards Code (State Building Codes) every three years.

Building standards in the 2025 State building codes become mandatory and automatically effective statewide on January 1, 2026. In general, the 2025 State building codes promote greater energy efficiencies and reflect improved building techniques and safety.

State law allows cities and counties to modify building standards contained in codes comprising the California Building Standards Code, provided findings are made establishing that the proposed amendments are reasonably necessary due to local climatic, geological, or topographical conditions that can affect the health, welfare, and safety of local residents. The local amendments must be considered equal or more restrictive than the State building standards and the findings must be filed with the California Building Standards Commission. Local agencies can also adopt by reference additional, non-mandatory model codes and standards as deemed appropriate by the local agency.

The Community & Economic Development Department and the Orange County Fire Authority (OCFA) propose additional local amendments to the State building codes, which include the following:

1. Minimum Class B Fire Rating for Roofs - Due to the serious hazard of rapid fire spread in local high winds, the use of untreated wood roof is prohibited for new buildings and the re-roofing of existing buildings. This local amendment, currently in the Buena Park Municipal Code, is also in response to a grand jury report and recommendations. (Building Code Section 1505).

2. Single Family Fire Sprinklers - The 2025 California Building, Fire, and Residential Codes (similar to the 2022 California Building Codes currently in effect) require all new single-family homes to have fire sprinklers. The current Buena Park Building, Fire, and Residential Codes, by local amendment, also require sprinklers for additions of more than 50%, and remodeled or newly-constructed buildings exceeding 5,500 square feet. Staff recommends that the current requirements (greater than 50% and/or exceeding 5,500 square feet) be continued.

In addition to the statewide mandatory building codes, staff is recommending adoption by reference of the 2024 International Property Maintenance Code. The 2024 International Property Maintenance Code is the updated edition of the currently adopted 2021 edition. The 2024 International Property Maintenance Code, published by the International Code Council, when adopted by a local jurisdiction, governs the use, maintenance, and occupancy of existing structures and premises, as well as administration and enforcement. While the state does not adopt a property maintenance code statewide, the City has previously adopted the International Property Maintenance Code as a minimum standard for properties in Buena Park.

Although Buena Park is a charter city and ordinance adoption typically only requires a single reading, state law requires that a special hearing process be followed for adoption of any standards or codes by reference. The special hearing process includes introduction of the ordinance at one meeting, and a public hearing and second reading after a minimum of 14 days.

PUBLIC HEARING NOTIFICATION
A Notice of Public Hearing was posted at City Hall, the Buena Park Library, and the Ehlers Event Center on October 30, 2025. The Notice was also published in the Buena Park Independent on October 31, 2025, as required by law.

BUDGET IMPACT
There is no budget impact as a result of this action.

Attachments
Building Code Adoption Ord 2025 Attachment 1.pdf
Fire Code Adoption Ord 2025 Attachment 2.pdf
Code Adoption Resolution 2025 Attachment 3.pdf

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BUENA
PARK ADOPTING BY REFERENCE THE 2025 CALIFORNIA BUILDING CODE, INCORPORATING THE "INTERNATIONAL BUILDING CODE"
2024 EDITION; THE 2025 CALIFO RNIA MECHANICAL CODE,
INCORPORATING THE "UNIFORM MECHANICAL CODE," 2024
EDITION; THE 2025 CALIFORNIA PLUMBING CODE, INCORPORATING THE "UNIFORM PLUMBING CODE," 2024 EDITION; THE 2025
CALIFORNIA ELECTRICAL CODE, INCORPORATING THE "NATIONAL ELECTRICAL CODE," 2023 EDITION; THE 2025 CALIFORNIA
RESIDENTIAL CODE, INCORPORATING THE 2024 INTERNATIONAL
RESIDENTIAL CODE; THE 2025 CALIFORNIA GREEN BUILDING
STANDARDS CODE; THE 2025 CALIFORNIA HISTORICAL BUILDING CODE; THE 2025 CALIFORNIA EXISTING BUILDING CODE;

INCORPORATING THE INTERNATIONAL EXISTING BUILDING CODE, THE 2025 CALIFORNIA REFERENCED STANDARDS CODE; THE 2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE; AND THE 2024

INTERNATIONAL PROPERTY MAINTENANCE CODE, TOGETHER

WITH CERTAIN AMENDMENTS, DELETIONS AND EXCEPTIONS, AND
AMENDING TITLE 15 OF THE BUENA PARK CITY CODE

A. Recitals.

(i) Article 2 of Chapter 1 of Part 1 of Division 1 of Title 5 (§ 50022.1, et seq.) of the California Government Code authorizes the adoption, by reference, of the codes specified in the title hereof.

(ii) At least one copy of each of the codes and standards identified in this Ordinance, certified as full, true and correct by the City Clerk of the City of Buena Park, has been filed in the office of the City Clerk of the City of Buena Park in accordance with the provisions of California Government Code § 50022.6.

(iii) A duly noticed public hearing, as required by California Government Code § 50022.3, has been conducted and was concluded prior to the adoption of this Ordinance.

(iv) All legal prerequisites to the adoption of this Ordinance have occurred.

B. Ordinance.

NOW, THEREFORE, the City Council of the City of Buena Park does hereby find, determine and ordain as follows:

Section 1: The facts set forth in the Recitals, Part A, of this Ordinance, are true and correct.

Section 2: Chapters 15.56, 15.58, 15.60, 15.64, 15.68, 15.70, 15.80, and 15.100 of Title 15 of the Buena Park City Code are hereby repeal ed; provided, however, that said repeal shall not apply to or excuse any violation hereof occurring prior to the effective date of this Ordinance and provided further that the codes as adopted therein by reference and amended by the City of Buena Park shall continue to be applicable to construction wherein plans have been submitted ORDINANCE NO.

for plan check as of the effective date of this Ordinance so long as the initial permit therefore is issued not later than one hundred eighty (180) days after the effective date of this Ordinance.

Section 3: A new Chapter 15.56 is hereby added to Title 15 of the Buena Park City Code to read as follows:

“Chapter 15.56

BUILDING CODE
Sections:

15.56.010 California Building Code – Adopted.

15.56.020 Amendments to the California Building Code.

15.56.010 California Building Code – Adopted.

The 2025 California Building Code, incorporating the ‘International Building Code,’ 2024 Edition, including all appendices, is hereby adopted by reference as the Building Code of the City of Buena Park, together with the amendments, additions, deletions and exceptions set forth in this Chapter 15.56.

15.56.020 Amendments to the California Building Code.

Chapter 2
Definitions

Sections 202 Definitions is hereby revised by adding “OCFA” and “Spark Arrester” as follows:
202 Definitions
OCFA. Orange County Fire Authority, fire authority having jurisdiction.

SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:

1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.

2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter

28. Chapter 5
General Building Heights and Areas

Section 502.1 Address identification is hereby revised as follows:
502.1 Address identification. New and existing buildings shall be provided with approved address identification. The address id entification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification ORDINANCE NO.

characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches in height with a stroke width of not less than 0.5 inch. For R-3 and other occupancies the numbers shall be a minimum of 6 inches high with a minimum stroke width of 1 inch. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the buildi ng address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure.

Address identification shall be maintained.

Chapter 9
Fire Protection and Life Safety Systems

Adopt Chapter 9 Fire Protection and Life Safety Systems is adopted in its entirety with the following amendments:

Section 903.2 Where required is hereby revised to read as follows:
903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists:

1. New buildings. Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.19, an automatic fire-extinguishing system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height.

Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code that are smaller than the area specified in section 903.2.10 (3) or 903.2.10.1 of the California Fire Code.

2. Existing Buildings. Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists:

a. When an addition is 33% or more of the existing building area, and the resulting building area exceeds 5000 square feet
b. When an addition exceeds 2000 square feet and the resulting building area exceeds 5000 square feet.
c. An additional story is added above the second floor regardless of fire areas or allowable area.

Exception: Additions to Group R-3 occupancies shall comply with Section 903.2.8 (2).

Section 903.2.8 Group R is hereby revised as follows:

ORDINANCE NO.

903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

1. New Buildings. An automatic sprinkler system shall be installed throughout all new buildings.

2. Existing R-3 Buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:

1. When the floor area of alterations within any two-year period exceeds 50 percent of gross floor area of the existing structure and the building gross floor area exceeds 5,500 square feet; or:

2. When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building.

Section 903.3.5.3 Hydraulically calculated systems is hereby added as follows:

903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.

Exception: When static pressure exceeds 100 psi, and when required by the fire code official, the fire sprinkler system shall not exceed the water supply capacity specified by Table 903.3.5.3.

Chapter 15
Roof Assemblies and Rooftop Structures

Table 1505.1 is hereby revised to read as follows:

90 100 110 120 130 140 150 PSI 85 80
75 Design %
TABLE 903.3.5.3
Hydraulically Calculated Systems

ORDINANCE NO.

TABLE 1505.1

MINIMUM ROOF COVERING CLASSIFICATIONS
TYPES OF CONSTRUCTIONª

I
A
I
B
I
I
A
I
I
B
II
I
A
II
I
B
I
V
V
A
V
B

B B B B B B B B B

For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m2.
a. Unless otherwise required in accordance with Chapter 7A.

Section 1505.1.3 is hereby revised as follows:
1505.1.2 Roof coverings within all other areas . The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class B.

Section 1505.5 is deleted.

Section 1505.7 is deleted.

Chapter 35 Referenced Standards is adopted in its entirety with the following amendments:

NFPA 13, 2025 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:

Section 16.12.3.3 is hereby revised as follows:

16.12.3.3 Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of 2½” inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the ORDINANCE NO.

fire sprinkler density design requires more than 500 gpm (including inside hose stream demand), or a standpipe system is included, four 2½” inlets shall be provided.

Section 9.4.3.1 is hereby revised as follows:

9.4.3.1 When fire sprinkler systems are installe d in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick- response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard occupancies shall be one of the following:
1) Quick-response type as defined in 3.6.4.8
2) Residential sprinklers in accordance with the requirements of 8.4.5 3) Quick response CMSA sprinklers
4) ESFR sprinklers
5) Standard-response sprinklers used for modi fications or additions to existing light hazard systems equipped with standard-response sprinklers 6) Standard-response sprinklers used where individual standard-response sprinklers are replaced in existing light hazard systems

Section 9.2.1.7 is hereby revised as follows:

9.2.1.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by the fire code official.

NFPA 13D 2025 Edition, Standard for the Installation of Sprinkler Systems in One- and Two- Family Dwellings and Manufactured Homes is hereby amended as follows:

Section 7.1.2 is hereby revised as follows:

7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service.

NFPA 14, 2025 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows:

Section 7.3.1.1 is hereby
deleted in its entirety.

NFPA 24, 2025 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows:

Section 6.2.8.1 is hereby added as follows:

6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red.

ORDINANCE NO.

Exceptions:

1. Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted.

2. Where OS&Y valves on the detector check assembly are the only control valves, at least one OS&Y valve shall be painted red.

Section 6.2.9 is hereby revised to read as follows:

6.2.9 All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated:
(1) A post indicator valve installed not le ss than 40ft. (12m) from the building.

(a) For buildings less than 40ft (12m) in height, a post indicator valve shall be permitted to be installed closer than 40ft (12m) but at least as far from the building as the height of the wall facing the post indicator valve. (2) A wall post indicator valve.
(3) An indicating valve in a pit, installed in accordance with Section 6.4. (4) A backflow preventer with at least one indicating valve not less than 40ft (12 m) from the building.
(a) For buildings less than 40ft (12m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40ft (12m) but at least as far from the building as the height of the wall facing the backflow preventer.
(5) Control valves installed in a fire-rated room accessible from the exterior. (6) Control valves in a fire-rated stair enclosure accessible from the exterior.

Section 10.1.5 is hereby added as follows:

10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8-mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2-inch wide tape approved for underground use. Galvanizing does not meet the requirements of this section.

Exception: 304 or 316 Stainless Steel pipe and fittings Section 10.4.1.1 is hereby revised to read as follows:

10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material after installation.

ORDINANCE NO.

Exception: Bolted joint accessories made from 304 or 316 stainless steel.

Section 10.4.1.1.1 is hereby added as follows:

10.4.1.1.1 All bolts used in pipe-joint assembly shall be 316 stainless steel.

Section 10.4.3.2 is hereby deleted.

Section 4: A new Chapter 15.58 is hereby added to Title 15 of the Buena Park City Code to read as follows:

“Chapter 15.58

RESIDENTIAL CODE

Sections:

15.58.010 California Residential Code – Adopted.

15.58.020 Amendments to the California Residential Code.

15.58.010 California Residential Code – Adopted.

The 2022 California Residential Code is hereby adopted by reference as the Residential Code of the City of Buena Park, together with the amendments, additions, deletions and exceptions set forth in this Chapter 15.58.

15.58.20 Amendments to the California Residential Code.

Section R202 Definitions is hereby revised by adding “OCFA” and “Spark Arrester” as follows:

OCFA. Orange County Fire Authority, the fire authority having jurisdiction.

SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:

1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.

2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter

28. Chapter 3 Building Planning is adopted in its entirety with the following amendments and additions:

Section R301.9 Fuel modification requirements for new construction is hereby added as follows:

R301.9 Fuel modification requirements for new construction. All new structures and ORDINANCE NO.

facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for new Construction Fuel Modification Plans and Maintenance Program.

Section R309.6 Fire sprinkler attached garages, and carports with habitable space above is hereby amended by modifying the exception to read as follows:

Exception: An automatic residential fire sprinkler system shall not be required when additions or alterations are made to existing carports and/or garages that do not have an automatic fire sprinkler system installed unless a sprinkler system is required in accordance with California Fire Code Section 903.2.8.

Section R313.1 Townhouse automatic fire sprinkler systems is hereby amended by modifying the exception to read as follows:

Exception: An automatic residential fire sprinkler system shall not be required when additions or alterations are made to existing townhouses that do not have an automatic fire sprinkler system installed unless a sprinkler system is required in accordance with California Fire Code Section 903.2.8.

Section R313.2 One- and two-family dwellings automatic fire sprinkler systems is hereby revised to read as follows:

1. Existing Buildings. An automatic sprinkler system shall be installed throughout any existing building when the floor area of the alteration within any two-year period exceeds 50% of area of the existing structure and the building area exceeds 5,500 square-feet. When the cost of installing an approved automatic sprinkler system exceeds 5% of the cost of the alteration, with the approval of the fire code official, the required automatic sprinkler system may be omitted.

Exception: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic sprinkler system unless a sprinkler system is required in accordance with California Fire Code, OCFA Local Amendments, Section 903.2.8.

Section R313.3.6.2.2 Calculation procedure is hereby revised to read as follows:

Section R313.3.6.2.2 Calculation procedure. Determination of the required size for water distribution piping shall be in accordance with the following procedure and California Fire Code Section 903.3.5.
(The remainder of the section is unchanged)
Section R319.1 Address identification is hereby revised to read as follows:

R319.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in ORDINANCE NO.

a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. For R-3 occupancies, each character shall be not less than 6 inches in height with a stroke width of not less than 1 inch. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.

Section R902.1 Roofing covering materials is amended by revising it to allow only class A or B roofs, and to read as follows:

R902.1 Roofing covering materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A or B roofing shall be installed in areas designated by this section. Classes A or B roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108.

Exceptions:

1. Class A roof assemblies include those with coverings of brick, masonry and exposed concrete roof deck.

2. Class A roof assemblies also include ferrous or copper shingles or sheets, metal sheets and shingles, clay or concrete roof tile, or slate installed on noncombustible decks.

Section R902.1.3 Roofing covering materials is amended by revising it to require a minimum Class B roof, and to read as follows:

R902.1.3 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class B.

Section R1001.13 Outdoor fireplaces, fire pits, fire rings, or similar devices is hereby added as follows:

R1001.13 Outdoor fireplaces, fire pits, fire rings, or similar devices. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices shall comply with this section.

Exception: Barbeques, grills, and other portable devices intended solely for cooking Section R1001.13.1 Gas-fueled devices is hereby added as follows:

R1001.13.1 Gas-fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Division and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction shall not be located within three feet ORDINANCE NO.

of an atmospheric column that extends vertically from the perimeter of the device. Where a permanent Building Division approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester in accordance with Section R1003.9.2.

Section R1001.13.2 Devices using wood or fuels other than natural gas or liquefied- petroleum gas is hereby added as follows:

R1001.13.2 Devices using wood or fuels other than natural gas or liquefied- petroleum gas. Fireplaces burning wood or other solid fuel shall be constructed in accordance with Section R1001. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks. The burning of wood or other solid fuel in a device is not allowed within 15 feet of combustible structures, unless within a permanent or portable fireplace.

Section R1001.13.3 Devices using wood or fuels other than natural gas or liquefied- petroleum gas is hereby added as follows:

R1001.13.3 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone. Wood and other solid fuel burning fires in devices other than permanent fireplaces are not allowed within Wildfire Risk Areas (WRA) and adopted Fire Hazard Severity Zones (FHSZ) or in locations where conditions could cause the spread of fire to the WRA or FHSZ, unless determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire.

Chapter 44
Referenced Standards
(R-3 Occupancy related standards are included)
Chapter 44 Referenced Standards is adopted in its entirety with the following amendments:

NFPA 13, 2025 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:

Section 8.15.1.2.7 is hereby revised as follows:

8.15.1.2.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by fire code official.

Section 11.1.1.1 is hereby added as follows:

11.1.1.1 When fire sprinkler systems are required in buildings of undetermined use other than warehouses, they shall be designed and installed to have a fire sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with no reduction(s) in ORDINANCE NO.

density or design area. Warehouse fire sprinkler systems shall be designed to Figure

16.2.1.3.2 (d) curve “G”. Use is considered undetermined if a specific tenant/occupant is not identified at the time the sprinkler plan is submitted. Where a subsequent use or occupancy requires a system with greater capability, it shall be the responsibility of the occupant to upgrade the system to the required density for the new use or occupancy.

Section 11.2.3.1.1.1 is hereby added as follows:

11.2.3.1.1.1 The available water supply for fire sprinkler system design shall be determined by one of the following methods, as approved by the fire code official:
1) Subtract the project site elevation from the low water level for the appropriate pressure zone and multiply the result by 0.433;
2) Use a maximum of 40 psi, if available;
3) Utilize the OCFA water-flow test form/directions to document a flow test conducted by the local water agency or an approved third party licensed in the State of California.

NFPA 13D 2025 Edition, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes is hereby amended as follows:

Section 7.1.2 is hereby revised as follows:

7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary or remote station alarm service.

Section 5: A new Chapter 15.60 is hereby added to Title 15 of the Buena Park City Code to read as follows:

“Chapter 15.60

MECHANICAL CODE

Sections:

15.60.010 California Mechanical Code – Adopted.

15.60.020 Amendments to the California Mechanical Code.

15.60.010 California Mechanical Code – Adopted.

The “2025 California Mechanical Code,” incorporating the ‘Uniform Mechanical Code,’ 2024 Edition, is hereby adopted by reference as the Mechanical Code of the City of Buena Park, together with the amendments, additions, deletions and exceptions set forth in this Chapter 15.60.

15.60.020 Amendments to the California Mechanical Code.

[reserved for future amendments]”

ORDINANCE NO.

Section 6: A new Chapter 15.64 is hereby added to Title 15 of the Buena Park City Code to read as follows:

“Chapter 15.64

PLUMBING CODE

Sections:

15.64.010 California Plumbing Code – Adopted.

15.64.020 Amendments to Plumbing Code.

15.64.010 California Plumbing Code – Adopted.

The “2025 California Plumbing Code,” incorporating the ‘Uniform Plumbing Code,’ 2024 Edition, including Appendix A and Appendix L, is hereby adopted by reference as the Plumbing Code of the City of Buena Park, together with the amendments, additions, deletions and exceptions set forth in this Chapter 15.64.

15.64.020 Amendments to the California Plumbing Code.

[reserved for future amendments]”

Section 7: A new Chapter 15.68 is hereby added to the Buena Park City Code to read as follows:

“Chapter 15.68

ELECTRICAL CODE

Sections:

15.68.010 California Electrical Code – Adopted.

15.68.020 Amendments to the California Electrical Code.

15.68.010 California Electrical Code – Adopted.

The “2025 California Electrical Code,” incorporating the ‘National Electrical Code,’ 2023 Edition, is hereby adopted by reference as the Electrical Code of the City of Buena Park, together with the amendments, additions, deletions and exceptions set forth in this Chapter 15.68.

15.68.020 Amendments to the California Electrical Code.

[reserved for future amendments]

Section 8: A new Chapter 15.70 is hereby added to Title 15 of the Buena Park City Code to read as follows:

“Chapter 15.70

GREEN BUILDING STANDARDS CODE

ORDINANCE NO.

Sections:

15.70.010 California Green Building Standards Code - Adopted.

15.70.020 Amendments to the California Green Building Standards Code.

15.70.010 California Green Building Standards Code - Adopted.

The “California Green Building Standards Code,” 2025 Edition, is hereby adopted by reference as the Green Building Standards Code of the City of Buena Park.

15.70.020 Amendments to the California Green Building Standards Code.

Section 301.1 of the California Green Building Standards Code is amended to read as follows:

301.1 Scope. Buildings shall be designed to include the green building measures specified as mandatory in the application checklists contained in this code. Voluntary green building measures are also included in the application checklists and may be included in the design and construction of structures covered by this code, but are not required.”

Section 9: A new Chapter 15.80 is hereby added to Title 15 of the Buena Park City Code to read as follows:

“Chapter 15.80

EXISTING BUILDING CODE

Sections:

15.80.010 Existing Building Code—Adopted

15.80.010 Existing Building Code -Adopted

The “2025 California Existing Building Code,” incorporating the ‘International Existing Building Code,’ 2024 Edition, is hereby adopted in its entirety as the Existing Building Code of the City of Buena Park.”

Section 10: A new Chapter 15.92 is hereby added to Title 15 of the Buena Park City Code to read as follows:

“Chapter 15.92

HISTORICAL BUILDING CODE

Sections:

15.92.010 Historical Building Code—Adopted

15.92.010 Historical Building Code -Adopted

The “2025 California Historical Building Code,” is hereby adopted in its entirety as the Historical Building Code of the City of Buena Park.”

ORDINANCE NO.

Section 11: A new Chapter 15.96 is hereby added to Title 15 of the Buena Park City Code to read as follows:

“Chapter 15.96

REFERENCED STANDARDS CODE

Sections:

15.96.010 Referenced Standards Code—Adopted

15.96.010 Referenced Standards Code -Adopted

The “2025 California Referenced Standards Code,” is hereby adopted in its entirety as the Reference Standards Code of the City of Buena Park.

“Chapter 15.100

PROPERTY MAINTENANCE CODE

Sections:

15.100.010 International Property Maintenance Code—Adopted

15.100.010 International Property Maintenance Code -Adopted

The “International Property Maintenance Code,” 2024 Edition, published by the International Code Council is hereby adopted in its entirety as the Property Maintenance Code of the City of Buena Park together with the amendments, additions, deletions and exceptions set forth in this Chapter 15.100.”

Section 12: Penalties for Violation of Ordinance. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance or any of the Codes hereby adopted. Any person, firm, partnership or corporation violating any provision of this Ordinance or any of the Codes hereby adopted or failing to comply with any of their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars ($1000.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance or the Codes hereby adopted is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefore as provided in this Ordinance.

Section 13: Civil Remedies Available. The violation of any of the provisions of this Ordinance or any of the Codes hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.

Section 14: The Council finds that the actions contemplated by this ordinance are exempt from the California Environmental Quality Act (CEQA), under CEQA Guidelines ORDINANCE NO.

Section 15061(b)(3), in that it can be seen with certainty that there is no possibility for the proposed ordinance to have a significant effect on the environment.

Section 15. Severability. The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance or the Codes hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance and the Codes hereby adopted shall remain in full force and effect.

Section 16: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.

PASSED AND ADOPTED this _____ day of _______________, _____, by the following called vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

___________________________________
Mayor

ATTEST:

_______________________________
City Clerk

I, Adria Jimenez, City Clerk of the City of Buena Park, California, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Buena Park held on the ____ day of _________________, ______, and finally passed on the ____ day of ________________, ____.

ORDINANCE NO. ____

AN ORDINANCE OF THE CITY CO UNCIL OF THE CITY OF BUENA
PARK ADOPTING BY REFERENCE THE 2025 CALIFORNIA FIRE
CODE, INCORPORATING THE "INTERNATIONAL FIRE CODE",
2024 EDITION, INCLUDING ALL APPENDICES, TOGETHER WITH

CERTAIN AMENDMENTS, DELETIONS, ADDITIONS, AND
PENALTIES, AND AMENDING TITLE 16 OF THE BUENA PARK
MUNICIPAL CODE.

A. Recitals.
(i) California Government Code § 50022.1, et seq. authorizes the adoption, by reference, of the 2025 California Fire Code.
(ii) At least one copy of said Code, certified as full, true and correct by the City Clerk of the City of Buena Park, has been filed in the office of the City Clerk of the City of Buena Park in accordance with the provisions of California Government Code § 50022.6 and in the office of the building official in accordance with California Health and Safety Code § 18942(d)(1). (iii) A duly noticed public hearing, as required by California Government Code § 50022.3, has been conducted and concluded prior to the adoption of this Ordinance. (iv) All legal prerequisites to the adoption of this Ordinance have occurred.

B. Ordinance.

NOW, THEREFORE, the City Council of the City of Buena Park does hereby find, determine and ordain as follows:

Section 1: The facts set forth in the Recitals, Part A, of this Ordinance are true and correct.

Section 2: Chapter 16.00 of Title 16 of the Buena Park Municipal Code is hereby repealed provided that said repeal shall not affect or excuse any violation thereof occurring prior to the effective date of this Ordinance. A new Chapter 16.00 is hereby added to Title 16 of the Buena Park Municipal Code to read as follows:
“Chapter 16.00

FIRE CODE ADOPTED
Sections:

16.00.010 Fire Code adopted.

16.00.010 Fire Code adopted. Except as hereinafter provided in Chapter 16.04, the 2025 California Fire Code, incorporating the International Fire Code, 2024 Edition, including all appendices, together with certain amendments, deletions, additions, and penalties, is hereby adopted by reference for the purpose of prescribing regulations governing conditions hazardous to life and property and protecting the same from fire or explosion, save and except such portions as are hereinafter added, deleted, modified or amended. Said Code shall be referred to as the Fire Code of the City of Buena Park.”

Section 3. Chapter 16.04 of Title 16 of the Buena Park Municipal Code is hereby repealed provided that said repeal shall not affect or excuse any violation thereof occurring prior to the ORDINANCE NO. _______