Agenda — Stanton City Council, February 14, 2023 (part 2 of 3)

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AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. C-7-1828

BETWEEN

ORANGE COUNTY TRANSPORTATION AUTHORITY
AND

CITIES OF ANAHEIM, FOUNTAIN VALLEY, FULLERTON, GARDEN GROVE,

HUNTINGTON BEACH, STANTON
AND

WESTMINSTER
FOR

MAGNOLIA STREET REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROJECT THIS AMENDMENT NO. 1 is effective this _____day of __________ 2023, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863-1584, a public corporation of the State of California (hereinafter referred to as “AUTHORITY”), and the cities of Anaheim, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Stanton, and Westminster; (hereinafter referred to as “PARTICIPATING AGENCIES”) each individually known as “Party” and collectively known as the “Parties”.

RECITALS:

WHEREAS, AUTHORITY and PARTICIPATING AGENCIES entered into Cooperative Agreement No. C-7-1828, dated March 1, 2018, to work together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the Renewed Measure M (M2) Regional Traffic Signal Synchronization Program (RTSSP or Project P) to enhance countywide traffic flow and reduce congestion; and
WHEREAS, PARTICIPATING AGENCIES and AUTHORITY agree to extend the term of the Agreement for twenty four (24) months through June 30, 2025 to allow for project completion; and WHEREAS, AUTHORITY and City of Fullerton agree to update their contact information; and Attachment: A
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AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. C-7-1828

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WHEREAS, AUTHORITY and City of Stanton agree to update their contact information; and WHEREAS, the City of Anaheim’s City Council approved this Amendment No. 1 on the _____ day of ___________________, 20_____; and
WHEREAS, the City of Fountain Valley’s City Council approved this Amendment No. 1 on the _____ day of ___________________, 20_____; and
WHEREAS, the City of Fullerton’s City Council approved this Amendment No. 1 on the _____ day of ___________________, 20_____; and
WHEREAS, the City of Garden Grove’s City Council approved this Amendment No. 1 on the _____ day of ___________________, 20_____.

WHEREAS, the City of Huntington Beach’s City Council approved this Amendment No. 1 on the _____ day of ___________________, 20_____; and
WHEREAS, the City of Stanton’s City Council approved this Amendment No. 1 on the _____ day of ___________________, 20_____; and
WHEREAS, the City of Westminster’s City Council approved this Amendment No. 1 on the _____ day of ___________________, 20_____.

NOW, THEREFORE, it is mutually understood and agreed that Cooperative Agreement No. C-7-1828 is hereby amended in the following particulars only:

1. Amend ARTICLE 9. ADDITIONAL PROVISIONS, Page 9 of 19, paragraph A, line 23, to delete “June 30, 2023” as the expiration date of the Agreement and in lieu thereof insert “June 30, 2025”.

2. Amend ARTICLE 9. ADDITIONAL PROVISIONS, Pages 11-12 of 19, paragraph M, to delete in its entirety and lieu thereof insert the following:
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AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. C-7-1828

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To ANAHEIM: To AUTHORITY:

City of Anaheim Orange County Transportation Authority
201 S. Anaheim Blvd.

Suite 502
Anaheim, CA 92805
550 South Main Street
P. O. Box 14184
Orange, CA 92863-1584
Attention: John Thai
Principal Traffic Engineer
Tel: (714) 765-5294
Email: [email protected]
Attention: Michael Le
Senior Contract Administrator
Tel: (714) 560-5314
E-mail: [email protected]
To FOUNTAIN VALLEY: To FULLERTON:

City of Fountain Valley City of Fullerton
10200 Slater Avenue
Fountain Valley, CA 92708
303 West Commonwealth Avenue
Fullerton, CA 92832
Attention: Temo Galvez
Deputy Director Public Works/City Engineer
Tel: (714) 593-4517
Email: [email protected]
Attention: Stephen Bise
City Engineer/Assistant Public Works Director
Tel: (714) 738-6852
Email: [email protected]
To GARDEN GROVE: To HUNTINGTON BEACH:

City of Garden Grove City of Huntington Beach
11222 Acacia Parkway
Garden Grove, CA 92842
2000 Main Street
Huntington Beach, CA 92648
Attention: Dai Vu
Traffic Engineer
Tel: (714) 741-5189
Email: [email protected]
Attention: William Janusz
Principal Civil Engineer
Tel: (714) 374-1628
Email: [email protected]
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AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. C-7-1828

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To STANTON: To WESTMINSTER:

City of Stanton City of Westminster
7800 Katella Avenue
Stanton, CA 90680
8200 Westminster Blvd.

Westminster, CA 92683
Attention: Cesar Rangel
Public Works Director/City Engineer
Tel: (714) 890-4203
Email: [email protected]
Attention: Adolfo Ozaeta, P.E.

Traffic Engineer
Tel: (714) 548-3462
Email: [email protected]
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AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. C-7-1828

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The balance of Cooperative Agreement No. C-7-1828 remains unchanged.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1 to Cooperative Agreement No. C-7-1828 to be executed as of the date of the last signature below.

CITY OF ANAHEIM ORANGE COUNTY TRANSPORTATION AUTHORITY
By: ___________________________ By: __________________________________ Ashleigh Aitken Meena Katakia
Mayor Manager, Capital Projects
Dated: _________________________ Dated: _________________________ ATTEST: APPROVED AS TO FORM:

By: ___________________________ By: __________________________________ Theresa Bass, CMC James M. Donich
City Clerk General Counsel
Dated: _________________________ Dated: _________________________ APPROVED AS TO FORM:

By: ___________________________

City Attorney
Dated: _________________________
James Donich (Jan 10, 2023 11:11 PST)
AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. C-7-1828

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This Agreement shall be made effective upon execution by all Parties.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1 to Cooperative Agreement No. C-7-1828 to be executed as of the date of the last signature below.

CITY OF FOUNTAIN VALLEY
By: ___________________________
Patrick Harper
Mayor
Dated: _________________________
ATTEST:

By: ___________________________
Rick Miller
City Clerk
Dated: _________________________
APPROVED AS TO FORM:

By: ___________________________

City Attorney
Dated: _________________________
AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. C-7-1828

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This Agreement shall be made effective upon execution by all Parties.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1 to Cooperative Agreement No. C-7-1828 to be executed as of the date of the last signature below.

CITY OF FULLERTON
By: ___________________________
Eric Levitt
City Manager
Dated: _________________________
ATTEST:

By: ___________________________
Lucinda Williams
City Clerk
Dated: _________________________
APPROVED AS TO FORM:

By: ___________________________
Richard D. Jones
City Attorney
Dated: _________________________
AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. C-7-1828

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This Agreement shall be made effective upon execution by all Parties.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1 to Cooperative Agreement No. C-7-1828 to be executed as of the date of the last signature below.

CITY OF GARDEN GROVE
By: ___________________________
Scott Stiles, ICMA-CM
City Manager
Dated: _________________________
ATTEST:

By: ___________________________
Teresa Pomeroy
City Clerk
Dated: _________________________
APPROVED AS TO FORM:

By: ___________________________
Omar Sandoval
City Attorney
Dated: _________________________
AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. C-7-1828

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This Agreement shall be made effective upon execution by all Parties.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1 to Cooperative Agreement No. C-7-1828 to be executed as of the date of the last signature below.

CITY OF HUNTINGTON BEACH
By: ___________________________
Tony Strickland
Mayor
Dated: _________________________
ATTEST:

By: ___________________________
Robin Estanislau
City Clerk
Dated: _________________________
APPROVED AS TO FORM:

By: ___________________________
Michael E. Gates
City Attorney
Dated: _________________________
AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. C-7-1828

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This Agreement shall be made effective upon execution by all Parties.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1 to Cooperative Agreement No. C-7-1828 to be executed as of the date of the last signature below.

CITY OF STANTON
By: ___________________________
Hannah Shin-Heydorn
City Manager
Dated: _________________________
ATTEST:

By: ___________________________
Patricia A. Vazquez
City Clerk
Dated: _________________________
APPROVED AS TO FORM:

By: ___________________________

City Attorney
Dated: _________________________
AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. C-7-1828

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This Agreement shall be made effective upon execution by all Parties.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1 to Cooperative Agreement No. C-7-1828 to be executed as of the date of the last signature below.

CITY OF WESTMINSTER
By: ___________________________
Chi Charlie Nguyen
Mayor
Dated: _________________________
ATTEST:

By: ___________________________
Lucie Colombo
Interim City Clerk
Dated: _________________________
APPROVED AS TO FORM:

By: ___________________________
Christian L. Bettenhausen
City Attorney
Dated: _________________________
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COOPERATIVE AGREEMENT NO. C-7-1828

BETWEEN

ORANGE COUNTY TRANSPORTATION AUTHORITY
AND

CITIES OF ANAHEIM, FOUNTAIN VALLEY, FULLERTON, GARDEN GROVE,

HUNTINGTON BEACH, STANTON
AND

WESTMINSTER
FOR

MAGNOLIA STREET REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROJECT THIS COOPERATIVE AGREEMENT (Agreement), is effective this 1 st day of March, 2018, by
and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange California 92863-1584, a public corporation of the State of California (herein referred to as "AUTHORITY") and the cities of Anaheim, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Stanton, and Westminster; (hereinafter referred to as "PARTICIPATING AGENCIES") each individually known as "Party" and collectively known as the "Parties".

RECITALS:

WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCIES is working together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the Renewed Measure M (M2) Regional Traffic Signal Synchronization Program (RTSSP or Project P) to enhance countywide traffic flow and reduce congestion; and
WHEREAS, the AUTHORITY has completed the competitive 2016 Call for Projects (hereinafter, "2016 CALL") in support of Project P and awarded Project P funds based on the application (hereinafter, "APPLICATION") prepared by the City of Anaheim (hereinafter referred to as the "APPLICANT I
I

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Attachment: B
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COOPERATIVE AGREEMENT NO. C-7-1828

MAGNOLIA STREET - RTSSP
AGENCY") for implementation of signal synchronization of traffic signals along Magnolia Street (hereinafter, "PROJECT'); and
WHEREAS, the PARTICIPATING AGENCIES in their approved APPLICATION have elected to designate the AUTHORITY and the AUTHORITY has agreed to act as the implementing agency to carry out PROJECT; and
WHEREAS, the PROJECT will include approximately fifty (50) traffic signalized intersections as identified in the APPLICATION; and
WHEREAS, the PROJECT will include Intelligent Transportation System (ITS) elements identified in the APPLICATION including certain hardware and software upgrades to intersection and central control systems including Advanced Transportation Controller units (ATC), traffic telematics and interconnect systems, Advanced Transportation Management Systems (ATMS), Roadside Units (RSU), and other associated systems (hereinafter collectively referred to as "ITS ELEMENTS"), will be constructed and/or installed and implemented as part of the PROJECT as identified in the APPLICATION; and
WHEREAS, the AUTHORITY agrees to work with PARTICIPATING AGENCIES to coordinate the inclusion of other ITS elements (hereinafter OTHER ELEMENTS) that should be installed at the same time as the construction of the PROJECT and are not part of this Agreement; and WHEREAS, all costs associated with the inclusion of these OTHER ELEMENTS are the sole responsibility of the AGENCY owning each and any of those OTHER ELEMENTS during the course of the project; and
WHEREAS, AUTHORITY and each respective Party acknowledge and understand that in-house resources (staff) from Party will provide various services for PROJECT; and WHEREAS, AUTHORITY and each respective Party acknowledge and understand that PROJECT costs for various types of additional work required by each respective Party, by its staff, or by policy, may not have been included in the original application and therefore costs to contractors to comply with additional work are not included in the PROJECT allocation; and

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COOPERATIVE AGREEMENT NO. C-7-1828

MAGNOLIA STREET - RTSSP
WHEREAS, AUTHORITY and Parties agree that these costs will be paid by PROJECT; and WHEREAS, Parties and each respective Party acknowledge and understand that the costs for the additional work may be reversed by AUTHORITY's Audit; and WHEREAS, based on AUTHORITY Board of Directors' approved PROJECT ALLOCATION and Application, the AUTHORITY agrees to implement the PROJECT; and WHEREAS, the PARTICIPATING AGENCIES per the M2 Ordinance, agree to provide PROJECT funding in a combined cash and in-kind services match of at Six Hundred Seventy Seven Thousand Nine Hundred Twenty Three Dollars ($677,923.00), as shown in Attachment A, or equivalent to at least twenty percent (20%) of PROJECT cost; and
WHEREAS, the AUTHORITY and the PARTICIPATING AGENCIES desire to enter into this Agreement to implement the PROJECT in support of Project P; and WHEREAS, this Agreement defines the specific terms, conditions, and funding responsibilities between the AUTHORITY and the PARTICIPATING AGENCIES for the implementation of the PROJECT; and
WHEREAS, the AUTHORITY's Board of Directors authorized funding for the PROJECT on April 11, 2016; and
WHEREAS, the AUTHORITY's Board of Directors authorized this Cooperative Agreement on the � day of Se PT l5" Meic-/2. , 20-1.:I._.

WHEREAS, the City of Anaheim's City Council approved this Agreement on the 1 � day of --:.N.:..;o:::...\}=e=- .;...M.:..:;e;;;;.G_;-1;_

2.. __ _,, 20 _J_J__.

WHEREAS, the City of Fountain Valley's City Council approved this Agreement on the \1 � day of oc.,Toiocl2- ,20_Q_.

WHEREAS, the City of Fullerton's City Council approved this Agreement on the ·7 +'-1 day of WHEREAS, the City of Garden Grove's City Council approved this Agreement on the \o+\., day

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COOPERATIVE AGREEMENT NO. C-7-1828

MAGNOLIA STREET - RTSSP
WHEREAS, the City of Huntington Beach's City Council approved this Agreement on the b +I,, day of No\Jclv\ \�c\2- , 20_lJ_.

WHEREAS, the City of Stanton's City Council approved this Agreement on the ?-G -\-'-' day of Sl:?"PT61v\ &I<. , 20_J.}_.

WHEREAS, the City of Westminster's City Council approved this Agreement on the ·'b\ s\- day of __ �=A....:.:..::cN-=-u::....:A'-'-�-'(_,___, 2o__l'.L.

NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and the PARTICIPATING AGENCIES as follows:

ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this Agreement between AUTHORITY and PARTICIPATING AGENCIES and it supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement.

The above referenced Recitals are true and correct and are incorporated by reference herein.

B. AUTHORITY's failure to insist on any instance(s) of PARTICIPATING AGENCIES' performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), and PARTICIPATING AGENCIES' obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement.

C. PARTICIPATING AGENCIES' failure to insist on any instance(s) of AUTHORITY's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of PARTICIPATING AGENCIES' right to such performance or to future performance of such term(s) or condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force

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COOPERATIVE AGREEMENT NO. C-7-1828

MAGNOLIA STREET - RTSSP
and effect. Changes to any portion of this Agreement shall not be binding upon PARTICIPATING AGENCIES except when specifically confirmed in writing by an authorized representative of PARTICIPATING AGENCIES by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement.

ARTICLE 2. SCOPE OF AGREEMENT
This Agreement specifies the roles and responsibilities of the Parties as they pertain to the subjects and projects addressed herein. Both AUTHORITY and PARTICIPATING AGENCIES agree that each will cooperate and coordinate with the other in all activities covered by this Agreement and any other supplemental agreements that may be required to facilitate purposes thereof.

ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
AUTHORITY agrees to the following responsibilities for funding of the PROJECT:

A. AUTHORITY shall implement the PROJECT based on the intent of the usage in the APPLICATION prepared by the APPLICANT AGENCY in accordance with the policies and procedures contained in the Comprehensive Transportation Funding Program (CTFP) guidelines.

B. AUTHORITY shall provide oversight in order to maintain inter-jurisdictional traffic signal operational integrity between PROJECT and other similar type projects not older than three (3) years.

C. AUTHORITY will act as the LEAD AGENCY and provide and file all documentation necessary to comply with California Environmental Quality Act (CEQA) regulations for PROJECT.

D. AUTHORITY shall perform web-based public outreach activities for the project to communicate major project milestones and results.

E. AUTHORITY shall provide formats, templates, and guidance in reporting requirements as described in CTFP.

F. AUTHORITY, or agents of AUTHORITY, under this Agreement and upon closeout of PROJECT, may perform a technical and/or field review to ensure that the CTFP guidelines, policies, and procedures were followed. Such a review may be performed one hundred and eighty ( 180) days after the PROJECT three-year grant period is complete. If the technical and or field review determines that any of

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COOPERATIVE AGREEMENT NO. C-7-1828

MAGNOLIA STREET - RTSSP
the activities performed are ineligible for CTFP funding, PARTICIPATING AGENCIES must reimburse and return the amount of funding used to perform the ineligible activity to AUTHORITY.

G. AUTHORITY shall invoice the PARTICIPATING AGENCIES as identified in APPLICATION and Attachment A for the dollar cash match at the end of each phase or at a mutually agreed upon time to facilitate any respective AGENCY funding timeframes.

H. AUTHORITY shall request updates on the PROJECT as part of semi-annual review process, including documentation of in-kind match conforming to Attachment A and will include the PROJECT in the list of active projects in OC Fund Tracker until completion of the three-year grant period.

Documents to be provided include, but are not limited to, payroll records, contracts, and purchase orders.

ARTICLE 4. RESPONSIBILITIES OF THE AUTHORITY AS PROJECT LEAD AGENCY The AUTHORITY as the LEAD AGENCY agrees to the following responsibilities for the implementation of the PROJECT:

A. AUTHORITY shall act as the LEAD AGENCY for the work necessary to manage, procure, and complete the PROJECT as identified in APPLICATION.

To coordinate outreach with PARTICIPATING AGENCIES for PROJECT.

To collect all data necessary to provide new optimized timing plans including, but not limited to, manual or video intersection all movement counts, and a mutually agreed upon number and location of twenty four (24) hour / seven (7) day automated machine traffic counts with vehicle classification.

To develop and implement new timing plans optimized for signal synchronization.

To provide updated timing plans for all control systems and all relevant data used to develop said plans to PARTICIPATING AGENCIES.

F. To prepare a "Before and After Study'' for PROJECT as described in the Measure M2 Eligibility Guidelines adopted by the AUTHORITY. The "Before and After Study'' for the project is considered the equivalent of the required Project Final Report (Measure M2 Ordinance No. 3, Section B.111.9) for PROJECT. The AUTHORITY shall provide the "Before and After Study" to the

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COOPERATIVE AGREEMENT NO. C-7-1828

MAGNOLIA STREET - RTSSP
PARTICIPATING AGENCIES in draft and final formats for review and comment. AGENCY comments shall be noted in the final study. If specified in APPLICATION, AUTHORITY shall provide a "Before and After Study" video of a representative portion of PROJECT at up to two (2) public meetings.

ARTICLE 5. RESPONSIBILITIES OF THE PARTICIPATING AGENCIES PARTICIPATING AGENCIES agree to the following responsibilities for implementation and funding of PROJECT:

A. Provide a technical representative to meet and participate as a member of the PROJECT's Traffic Forum.

B. To authorize the AUTHORITY to manage, procure, and implement all aspects of PROJECT.

C. To participate and support PROJECT implementation within the timeframe outlined in APPLICATION and consistent with the CTFP Guidelines adopted by AUTHORITY.

D. To provide AUTHORITY all current intersection, local field master, and/or ATMS timing plans and related data upon request.

E. To provide the local cash match and/or documentation for the in-kind services match for PROJECT in accordance with Attachment A. Failure to provide included local cash match and or evidence of in-kind services match may result in the loss of future participation for competitive funding opportunities.

F. PARTICIPATING AGENCIES that have included a dollar match as identified in Attachment A shall provide payment for the dollar match to AUTHORITY within thirty (30) calendar days of receipt of an invoice.

G. PARTICIPATING AGENCIES that have included an in-kind services match as identified in Attachment A shall provide documentation of conformance as part of the semi-annual review process.

H. To waive all fees associated with any local agency permits and/or services that may be required of the AUTHORITY, or its contracted consultant, sub consultants, electrical contractors, and/or service or equipment providers utilized in the performance of the PROJECT.

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COOPERATIVE AGREEMENT NO. C-7-1828

MAGNOLIA STREET - RTSSP
I. PARTICIPATING AGENCIES shall provide updates on PROJECT to AUTHORITY as part of semi-annual review process until completion of the three-year PROJECT grant period. Documents to be provided include, but are not limited to, payroll records, contracts, and purchase orders.

J. PARTICIPATING AGENCIES shall, if specified in APPLICATION, continue ongoing monitoring and maintenance after the three-year grant period is complete and continue until the end of the PROJECT per additional maintenance of effort in APPLICATION.

ARTICLE 6. DELEGATED AUTHORITY
The actions required to be taken by PARTICIPATING AGENCIES in the implementation of this Agreement are delegated to their respective City Manager, or designee, and the actions required to be taken by AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief Executive Officer, or designee.

ARTICLE 7. AUDIT AND INSPECTION
AUTHORITY and PARTICIPATING AGENCIES shall maintain a complete set of records in accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING AGENCIES shall permit the authorized representatives of AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCIES for a period of five (5) years after final payment, or until any on-going audit is completed. For purposes of audit, the date of completion of this Agreement shall be the date of AUTHORITY's payment of consultant's final billing (so noted on the invoice) under this Agreement. AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above provision with respect to audits shall extend to and/or be included in contracts with PARTICIPATING AGENCIES' contractor.

ARTICLE 8. INDEMNIFICATION
A. To the fullest extent permitted by law, PARTICIPATING AGENCIES shall defend (at PARTICIPATING AGENCIES' sole cost and expense with legal counsel reasonably acceptable to AUTHORITY), indemnify, protect, and hold harmless AUTHORITY, its officers, directors, employees, and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits,

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COOPERATIVE AGREEMENT NO. C-7-1828

MAGNOLIA STREET - RTSSP
claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"}, including but not limited to Claims arising from injuries to or death of persons (PARTICIPATING AGENCIES' employees included}, for damage to property, including property owned by AUTHORITY, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of PARTICIPATING AGENCIES, and their officers, directors, employees or agents in connection with or arising out of the performance of this Agreement.

B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole cost and expense with legal counsel reasonably acceptable to PARTICIPATING AGENCIES}, indemnify, protect, and hold harmless PARTICIPATING AGENCIES, and their boards, committees, and commissions, officers, directors, employees, and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees ( collectively "Claims"}, including but not limited to Claims arising from injuries to or death of persons (AUTHORITY's employees included}, for damage to property, including property owned by PARTICIPATING AGENCIES, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of AUTHORITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement.

C. The indemnification and defense obligations of this Agreement shall survive its expiration or termination.

ARTICLE 9. ADDITIONAL PROVISIONS
A. Term of Agreement: This Agreement shall be in full force and effect through June 30, 2023.

B. Amendment: This Agreement may be extended or amended in writing at any time by the mutual consent of all Parties and AUTHORITY. No amendment shall have any force or effect unless executed in writing by all Parties and AUTHORITY.

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C.

COOPERATIVE AGREEMENT NO. C-7-1828

MAGNOLIA STREET - RTSSP
Termination: In the event any Party defaults in the performance of their respective obligations under this Agreement or breaches any of the provisions of this Agreement, a non-defaulting Party(s) shall have the option to terminate this Agreement upon thirty (30) calendar days prior written notice to the Party in default.

D. Termination for Convenience: Either Party may terminate this Agreement for its convenience by providing thirty (30) calendar days prior written notice of its intent to terminate for convenience to the other Party.

E. AUTHORITY and PARTICIPATING AGENCIES shall comply with all applicable federal, state, and local laws, statues, ordinances and regulations of any governmental authority having jurisdiction over the PROJECT.

F. Legal Authority: AUTHORITY and PARTICIPATING AGENCIES hereto consent that they are authorized to execute this Agreement on behalf of said Parties and that, by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement.

G. Severability: If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

H. Counterparts of Agreement: This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile signatures shall be permitted.

I. Force Majeure: Either Party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other Party, when satisfactory evidence of such cause I

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COOPERATIVE AGREEMENT NO. C-7-1828

MAGNOLIA STREET - RTSSP
is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing.

J. Assignment: Neither this Agreement, nor any of the Parties' rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either Party without the prior written consent of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment.

K. Governing Law: The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govern this Agreement.

L. Litigation fees: Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including attorney's fees, to the prevailing Party.

M. Notices: Any notices, requests, or demands made between the Parties pursuant to this Agreement are to be directed as follows:

I
I
I
I
I
To ANAHEIM:

City of Anaheim
201 S. Anaheim Blvd.

Suite 502
Anaheim, CA 92805
Attention: John Thai
Principal Traffic Engineer
Tel: (714) 765-5294
Email: [email protected]
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To AUTHORITY:

Orange County Transportation Authority
550 South Main Street
P. 0. Box 14184
Orange, CA 92863-1584
Attention: Michael Le
Contract Administrator
Tel: (714) 560-5314
E-mail: [email protected]

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To FOUNTAIN VALLEY:

City of Fountain Valley
10200 Slater Avenue
Fountain Valley, CA 92708
Attention: Temo Galvez
Deputy Director Public Works/
City Engineer
Tel: (714) 593-4517
Email: [email protected]
To GARDEN GROVE:

City of Garden Grove
11222 Acacia Parkway
Garden Grove, CA 92842
Attention: Dai Vu
Traffic Engineer
Tel: (714) 741-5189
Email: [email protected]
To STANTON:

City of Stanton
7800 Katella Avenue
Stanton, CA 90680
Attention: Allan Rigg
COOPERATIVE AGREEMENT NO. C-7-1828

MAGNOLIA STREET - RTSSP
To FULLERTON:

City of Fullerton
303 West Commonwealth Avenue
Fullerton, CA 92832
Attention: Don Hoppe
Public Works Director
Tel: (714) 738-6864
Email: [email protected]
To HUNTINGTON BEACH:

City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attention: William Janusz
Principal Civil Engineer
Tel: (714) 374-1628
Email: [email protected]
To WESTMINSTER:

City of Westminster
8200 Westminster Blvd.

Westminster, CA 92683
Attention: Adolfo Ozaeta, P.E.

Public Works Director/City Engineer Traffic Engineer
Tel: (714) 890-4203 Tel: (714) 548-3462
Email: [email protected] Email: [email protected]

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This Agreement shall be made effective upon execution by all Parties.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-7-1828 to be executed on the date first written above.

CITY OF ANAHEIM
wiJb

SPORTATION AUTHORITY
By:---------------
Darrell Jo n n
Chief Exe tive Officer
Vanderbilt, Mayor Pro Tern
APPROVED AS TO FORM:

Dated: --=-l0-4-
/-�-
I/-,;-
}--___ _
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APPROVED AS TO FORM:

By:�
James M. Donich �,k
General Counsel
By:

Kia
Exe ve Direct ,
Dated: _ _,._5<_0_'?_·_/--=-f __

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COOPERATIVE AGREEMENT NO. C-7-1828

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This Agreement shall be made effective upon execution by all Parties.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-7-1828 to be executed on the date first written above.

CITY OF FOUNTAIN VALLEY
:�aµJl2__
City Clerk
APPROVED AS TO FORM:

By: _.o..;:__�------=-----t.£--- City Attorney
Dated: {0 - l 1' .,. \r
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COOPERATIVE AGREEMENT NO. C-7-1828

MAGNOLIA STREET - RTSSP
This Agreement shall be made effective upon execution by all Parties.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-7-1828 to be executed on the date first written above.

CITY OF FULLERTON
By: [311MM--- lJ�
Bruce Whitaker
Mayor
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MAGNOLIA STREET - RTSSP
This Agreement shall be made effective upon execution by all Parties.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-7-1828 to be executed on the date first written above.
:�TYO� Steven R. Jones
Mayor
ATTEST:

By Ter�:.:a!r'<?(�
City Clerk
APPROVED AS TO FORM By�M�
City Attorney
Dated: __________ _
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COOPERATIVE AGREEMENT NO. C-7-1828

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This Agreement shall be made effective upon execution by all Parties.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-7-1828 to be executed on the date first written above.

Cl
By: _________ _
Barbara Delgleize
Mayor
ATTEST:

By: �- RobiEstanislau �
City Clerk
��
C:Travis��kins, ' 7

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Director of Public Works
t
Dated: 9/ 2.(;, / 11
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ORI-GINAL
COOPERATIVE AGREEMENT NO. C-7-1828

MAGNOLIA STREET - RTSSP
This Agreement shall be made effective upon execution by all Parties.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-7-1828 to be executed on the date first written above.

CITY OF STANTON
By:(k,4.G2� o arren
Mayor
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COOPERATIVE AGREEMENT NO. C-7-1828

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This Agreement shall be made effective upon execution by all Parties.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-7-1828 to be executed on the date first written above.

CITY OF WESTMINSTER
By:

Tri Ta
Mayor
ATTEST:

By (jJd;J c!�m:..mda Jensen ()H�lb·(INe CoRDO�
City Clerk
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COOPERATIVE AGREEMENT NO. C-7-1828
MAGNOLIA STREET· RTSSP

ATTACHMENT A

DETAILED LOCAL MATCH COMMITMENT
SECTION 1: AGENCY TOTAL MATCH SUMMARY
City of Anaheim
City of Fountain Valley
City of Fullerton
City of Garden Grove
City of Huntington Beach
City of Stanton
City of Westminster
$179, 141 $4,320
$183,461
$37,870 $2,880
$40,750
$39,906 $3,360
$43,266
$117,450 $4,320
$121,770
$140,773 $4,320
$145,093
$47,194 $1,920
$49,114
$41,364 $2,880
$44,244
$0
$0
$50,225
$50,225
$0
$0
$0
$0
$0
$179, 141 $4,320
$183,461
$37,870 $2,880
$40,750
$90,131 $3,360
$93,491
$117,450 $4,320
$121,770
$140,773 $4,320
$145,093
$47,194 $1,920
$49,114
$41,364 $2,880
$44,244
"
$ 627,698 $,'677,923
* In-kind match may be converted to cash match if agency does not satisfy in-kind match commitment by the end of the respective phase. However, Cash Match is NOT allowed to be converted to in-kind match.

Page A-1
COOPERATIVE AGREEMENT NO. C-7-1828

MAGNOLIA STREET - RTSSP

ATTACHMENT A
SECTION 2: MATCH BREAKDOWN (CASH VS IN-KIND SERVICES)
City of Anaheim
City of Fountain Valley
City of Fullerton
City of Garden Grove
City of Huntington Beach
City of Stanton
City of Westminster
B. In-Kind Services
N/A
Gas Tax
Measure M Tumback
50% Gas Tax
50% Mitigation Fees
M2 Fairshare
AQMD
Gas Tax
Gas Tax
TOTAL
,:,:;_,_/ ,-·:'•s<·-:. '\: .

StAFF·POSITION ..

PEOFSER
·o•eRC>JEC
Fullerton TBD TBD TBD
$183,461
$40,750
$43,266
$121,770
$145,093
$49,114
$44,244
$627,698
$
TOTAL $
,/FULLY .• •••
{BURDENED'
. H()l.JRLY RATE:

TBD
Total:

TOTAL IN-KIND MATCH""'":
$50,225
$50,225
$50,225
**Total amount is the required participation by the identified agency. The number of hours and hourly rate will be based on each agency's actual fully burdened billing rates, which must collectively equal the same value of the assigned "Total" dollars. Each agency will be responsible for keeping detailed records of hours worked and description of work. An accounting record of personnel, hours at fully burdened rate is expected to be included with the final submittal. R PageA-2
Date
Entered
11/11/16
Date Material Related ------------ Authorized ----------------- Req.No Requested By: 0000004696 Priority:
021188 SHAE CLIFTON
Reqd. Group W/H Req. By Date Value
12/01/16 0000004559 11/18/16 0.02
Delivery Instruction:

Suggested Supplier:

Purchasing Question
Budget Year
Encumbered
Grant Funded
Amendment Verified in IFAS
Warehouse ID: 0000
Purchasing Instructions:

PROJECT MANAGER: RONALD KEITH
Purchasing Answer
FY 17/18
Yes
No
Not Applicable (not an Amendme

EXECUTE REVENUE AGREEMENT BETWEEN THE CITIES OF

FULLERTON, ANAHEIM, STANTON, GARDEN GROVE,

WESTMINSTER, FOUNTAIN VALLEY, AND HUNTINGTON

BEACH WITH OCTA, WHICH IS DESIGNATED AND WILL ACT

AS THE LEAD AGENCY, FOR A MULTIPLE YEAR (FOUR)

CONTRACT, WITH OPTION FOR EXTENSION AT THE

DISCRETION OF ALL PARTICIPATING AGENCIES, FOR THE

IMPLENTATION AND MONITORING OF THE MAGNOLIA STREET

TRAFFIC SIGNAL SYNCHRONIZATION PROJECT FOR PROJECT
P. PARTICIPATING AGENCIES SHALL BE INVOICED FOR A

COMBINED TOTAL CASH MATCH IN THE AMOUNT OF
$749,422, WHICH SHALL BE CREDITED AS REVENUE TO
0017-6062-SPF21-P57.
------------------Default Costing Details------------------------------ Equipment Reference Project/Work Order Account Code %
0017SPF21P577519 100.00
Item Quantity UOM/ Description/Mnemonic and Part Number Proforma/ Lead Est. Price Order No. Supplier Time Frt Dlv Act. Price
1 1. 00 EA EXECUTE REVENUE AGREEMENT WITH FULLERTON I I I I I I I

0.0200 ANAHEIM, STANTON, GG, WESTMINSTER, FV & I I I I I I 0.00001 Status: HB FOR MAGNOLIA ST. TSSP FOR PROJECT P. l-------------------------------------------------------------1 Not Ordered PM: RONALD KEITH
ORDINANCE NO. 1128
PAGE 1 OF 79
ORDINANCE NO. 1128

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA AMENDING DIVISION I OF TITLE 16 AND CHAPTER 17.08 OF TITLE 17 OF THE STANTON MUNICIPAL CODE PERTAINING TO THE ADOPTION OF THE 2022

EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, CONSISTING OF THE

CALIFORNIA BUILDING CODE, THE CALIFORNIA RESIDENTIAL CODE, THE

CALIFORNIA PLUMBING CODE, THE CALIFORNIA MECHANICAL CODE, THE

CALIFORNIA ELECTRICAL CODE, THE CALIFORNIA FIRE CODE, THE CALIFORNIA

ADMINISTRATIVE CODE, THE CALIFORNIA GREEN BUILDING STANDARDS CODE,

THE CALIFORNIA EXISTING BUILDING CODE, THE CALIFORNIA ENERGY CODE,

THE CALIFORNIA HISTORICAL BUILDING CODE, AND THE CALIFORNIA REFERENCED STANDARDS CODE; THE INTERNATIONAL SWIMMING POOL AND SPA CODE; AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE, WITH

AMENDMENTS THERETO, AND MAKING FINDINGS IN SUPPORT THEREOF WHEREAS, California Health and Safety Code Section 17958 provides that the City of Stanton (‘City”) may adopt ordinances and regulations imposing the same requirements as are contained in the regulations adopted by the State pursuant to California Health and Safety Code Section 17922; and WHEREAS, pursuant to California Government Code Section 50022.1 et seq., the City may adopt by reference the California Building Standards Code, 2022 Edition as provided in Title 24 and 25 of the California Code of Regulations, consisting of the California Building Code, the California Residential Code, the California Plumbing Code, the California Mechanical Code, the California Electrical Code, the California Fire Code, the California Administrative Code, the California Green Building Standards Code, the California Existing Building Code, the California Energy Code, the California Historical Building Code, the California Referenced Standards Code, and other codes, including, without limitation, the International Swimming Pool and Spa Code, and the International Property Maintenance Code (hereinafter referred to collectively as “Codes”); and WHEREAS, Health and Safety Code Sections 17958.7 and 18941.5 permits the City to make modifications or changes to the Codes, which are reasonably necessary because of local climatic, geologic, or topographic conditions; and WHEREAS, Health and Safety Code Section 17958.7 requires that the City Council, before making any modifications or changes to the Codes, make an express finding that such changes or modifications are reasonably necessary because of local climatic, geologic, or topographic conditions; and
WHEREAS, The Stanton Fire Chief and Building Official have recommended that changes and modifications be made to the 2022 Codes, and have advised that certain of said changes and modifications to the Codes are reasonably necessary due to local conditions within the City of Stanton, and have further advised that the remainder of the said changes and modifications are of an administrative or procedural nature, or concern themselves with subjects not covered by the Codes, or are reasonably necessary to safeguard life and property within the City of Stanton; and
Item: 10A
Click here to return to the agenda.

ORDINANCE NO. 1128
PAGE 2 OF 79
WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1: The City Council finds that the above facts, findings and conclusions are true and correct and are made a material part of this Ordinance.

SECTION 2: Chapters 16.01, 16.02, 16.04, 16.05, 16.06, 16.07, 16.08, 16.10, 16.11,

16.12, 16.13, 16.14, 16.20, 16.21, and 17.08 are hereby repealed and recast in their entirety.

SECTION 3: Chapter 16.01 of the Stanton Municipal Code is hereby amended to read as follows:
“Chapter 16.01 ADMINISTRATIVE PROVISIONS

16.01.010 Administrative provisions adopted.

General provisions applicable to all the Codes adopted in this Division I of Title 16 of the Stanton Municipal Code are as follows:

1. Violations – penalty.

For all sections of the Codes, any and all amendments included within this Division I of Title 16 of the Stanton Municipal Code, the following shall apply pertaining to violations and shall replace any sections of those Codes that pertain to violation.

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the city, or cause same to be done, contrary to or in violation of any of the provisions of this Division I of Title 16 of the Stanton Municipal Code.

Any person, firm, or corporation violating any of the provisions of this Division I of Title 16 of the Stanton Municipal Code, shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Division 1 is committed, continued, or permitted, and upon conviction of any such violation such persons shall punishable according to the provisions of Section 1.10.010 of the Stanton Municipal Code.

2. Board of Appeals
For all sections of the Codes, including any and all amendments included within this Division I of Title 16 of the Stanton Municipal Code, the following shall apply pertaining to board of appeals and shall replace any sections of those codes that pertain to board of ORDINANCE NO. 1128
PAGE 3 OF 79
appeals.

In order to determine the suitability of alternate materials and methods of construction and provisions of these codes, there shall be and there is hereby created a board of appeals, consisting of five members, composed of the mayor and the other members of the city council. Said members shall hold their respective membership on said board of appeals by reason of, and concurrently with their terms of service as council members and shall cease to be such members upon their ceasing to be such council members. The Building Official shall be the secretary of the board. The board may adopt reasonable rules and regulations for conducting its investigations and shall render all its decisions and findings on contested matters, in writing to the Building Official, with a duplicate copy thereof to any appellant or contestant affected by any such decision or finding, and may recommend to the city council such new legislation, if any, as is consistent therewith.

Three members of the board shall constitute a quorum. The mayor shall be the presiding officer of the board and in the mayor's absence the mayor pro-tem shall preside.

Meetings shall be conducted in accordance with the Brown Act.

The board shall have the right, subject to such limits as the city council may prescribe by resolution, to employ at the cost and expense of the city, such qualified individuals as the board, in its discretion, may deem reasonably necessary in order to assist it in its investigations and making its findings and decisions.

3. Fees.

For all sections of the Codes, including any and all amendments included within this Division I of Title 16 of the Stanton Municipal Code, pertaining to fees are hereby amended to read as follows:

All fees shall be as set forth by resolution of the City Council.

4. California and International Codes Available.

Copies of all of the Codes adopted in this Division I of Title 16 of the Stanton Municipal Code shall be maintained in the office of the Clerk of the City of Stanton.” SECTION 4: Section 16.02.010 of the Stanton Municipal Code is hereby amended to read as follows:
“16.02.010 California Administrative Code adopted.

The California Administrative Code, 2022 Edition, as published by the International Code Council, is hereby adopted and shall be and become the Administrative Code of the City of Stanton.”
ORDINANCE NO. 1128
PAGE 4 OF 79
SECTION 5: Section 16.04.010 of the Stanton Municipal Code is hereby amended to read as follows:
“16.04.010 California Building Code adopted.

There is hereby adopted by reference the California Building Code Volume 1 and 2, together with Chapter 1 and Appendix J, 2022 Edition, based on the 2021 International Building Code as published by the International Code Council. Such Code, and amendments thereto as set forth in this chapter, are incorporated, pursuant to California Government Code Section 50022.2 et seq., as though fully set forth at length herein, for the purpose of prescribing regulations for the erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment use, height, and area of buildings and structures within the corporate limits of the City. From the date on which this section takes effect, the provisions of said code, together with amendments thereto, shall be controlling within the corporate limits of the City.”
SECTION 6: Section 16.04.020 of the Stanton Municipal Code is hereby amended to read as follows:
“16.04.020 California Building Code amended.

Based upon the findings of the City Council and upon the recommendations of the Fire Chief and Building Official, the City Council hereby amends the California Building Code, 2022 Edition, applicable within the corporate limits of the City, as follows:

Section 104.8 of the California Building Code is hereby amended by adding a sentence to the end of the paragraph as follows:

Section 104.8 Liability. The provisions of this section shall apply if the building official or his/her authorized representatives are employees of this jurisdiction and shall also apply if the building official or his/her authorized representatives are acting under contract as agents of this jurisdiction.

Section 105.2 Work exempt from a permit is amended by amending the following categories of work that are exempt from a building permit:

A. Section 105.2 “Building” Item 1 is amended to read as follows:

1. One story detached accessory structures used as storage sheds, playhouses or similar uses, provided the floor area is not greater than 120 square feet and the ceiling height is not over 7 feet.

B. Section 105.2 “Building” Item 2 is amended to read as follows:

2. Fences not over six feet high and block walls not over three feet high.

ORDINANCE NO. 1128
PAGE 5 OF 79
C. Section 105.2 “Building” Item 4 is amended to read as follows:

4. Retaining walls which are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids.

D. Section 105.2 “Building” Item 9 is amended to read as follows:

9. Prefabricated swimming pools accessory to a Group R occupancy that are less than 18 inches deep, do not exceed 5,000 gallons and are installed entirely above ground.

Section 105.5 Expiration is amended to read as follows:
105.5. Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days and, after its issuance, or if the work authorized on the site by such permit is suspended, abandoned or uncompleted for a period of 180 days after the work has commenced or 180 days past the last required inspection. The building official is authorized to grant one or more extensions of time for not more than 180 days. The extension shall be requested in writing and justifiable cause demonstrated. No permit shall be extended more than once.

If work has been suspended or abandoned past 180 days, the permit shall be expired, and new permit(s) issued. The fee for such renewal of permit(s) shall be one half of the original permit fee or one half of the fee of the current adopted fee schedule at the time of renewal. Permits which have been abandoned and require only final inspection may be reissued at minimum fee or as determined by the building official.

Section 105.8 Reconstruction is added to read as follows:
105.8. Reconstruction. If the value of the reconstruction (or renovation) of a building is equal to or exceeds 75 percent of the existing habitable square footage of the building, the entire building shall comply with the code provisions for new construction. The value of the reconstruction (or renovation) for a property shall include the value of all construction stemming from construction-related permits issued within the last two years.

Section 113.1 General is amended to read as follows:
113.1 General. In order to hear and decide appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals. The Board of Appeals shall consist of five members and composed of the Mayor and the other members of the City Council. Said members shall hold their respective membership on said Board of Appeals by reason of, and ORDINANCE NO. 1128
PAGE 6 OF 79
concurrently with their terms of service as Council members and shall cease to be such members upon their ceasing to be Council members. The Building Official shall be the Secretary of the Board. The Board may adopt reasonable rules and regulations for conducting its investigations and shall render all its decisions and findings on contested matters in writing to the Building Official, with duplicative copy thereof to any appellant or contestant affected by any such decision of finding.

Three members of the Board shall constitute a quorum. The Mayor shall be the presiding Officer of the Board. Meetings shall be conducted in accordance with the Brown Act.

The Board shall have the right, subject to such limits as the City Council may prescribe by resolution, to employ at the cost and expense of the City, such qualified individuals as the Board, in its discretion, may deem reasonably necessary in order to assist it in its investigations and making its findings and decisions.

Section 202 of the California Building Code is hereby revised by adding “Barrier,” “Swimming Pool,” “Spark Arrester,” and “OCFA” as follows:

BARRIER. Barrier is a fence, wall, building wall, or any combination of these that completely surrounds the swimming pool and obstructs access to the swimming pool.

SWIMMING POOL. Any body of water created by artificial means which is designed, intended for use, or used for swimming or immersion purposes, which has a water depth exceeding 18 inches. The term, “pool,” includes swimming pools, spas, hot tubs, above-and below-ground, and vinyl-lined pools; pool does not include plumbing fixtures such as bathtubs nor does it apply to man-made lakes, reservoirs, farm ponds, or ponds used primarily for public park purposes, water conservation purposes, irrigation purposes or for the watering of livestock.

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.

Section 903.2 Where required is hereby amended as follows:

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[F] 903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided in the following locations:

1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.20, an automatic fireextinguishing system shall also be installed in all occupancies when the total building area, as defined in Section 202 of the California Building Code, exceeds 5,000 square feet (465 m2), or more than two stories in height, regardless of fire areas or allowable area.

Exception: Group R-3 occupancies. Group R-3 occupancies shall comply with California Residential Code Section
R313.2.

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 when one of the following conditions exists:
a. When the addition is 33% or more of the existing building area and the resulting building area, as defined in Section 202, exceeds 5000 square feet (465 m2); or
b. When the addition exceeds 2,000 square feet (185.81 m2) and the resulting building area, as defined in Section 202, exceeds 5,000 square feet (465 m2); or
c. An additional story is added above the second floor regardless of fire areas or allowable area.

Section 903.3.5.3 Hydraulically calculated systems is 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.

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Section 1505.1 General is amended, by the deletion of Table 1505.1 and the addition of a new Table 1505.1 thereto, to read as follows:

TABLE 1505.1a

MINIMUM ROOF COVERING CLASSIFICATIONS

TYPES OF CONSTRUCTION

IA IB IIA IIB IIIA IIIB IV VA VB

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 Roof coverings within all other areas is amended, by the deletion of the entire section and the addition of a new section thereto, to read as follows:
1505.1.3 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.

E. Section 1803.1.1.1 is amended to add the following:

1803.1.1.1 Geologic or geotechnical reports. The Building Official may require a geologic or geotechnical report or both, in accordance with the 2022 California Building Code; a geologic report shall be prepared by a Certified Engineering Geologist licensed by the State of California. A geotechnical report shall be prepared by a registered Civil Engineer versed in soils engineering and qualified to perform this work. When both a 90 100 110 120 130 140 150 PSI 85 80
75 Design %
TABLE 903.3.5.3
Hydraulically Calculated Systems
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geotechnical and geologic report are required, the two reports shall be coordinated before submission to the Building Official. The Building Official, at his/her discretion shall obtain any technical support necessary to approve the report. Submitted reports shall contain a finding regarding the safety of the site from any variety of geologic hazard and a finding regarding the effect the proposed improvements, grading and/or construction and use of the site will have on the stability of the site and/or property outside the site.

Any recommendation or action presented in the approved reports along with any conditions of approval shall be incorporated into the construction of site improvements. A fee shall be collected for the cost of review of the reports and any required addendums.

Section 1807.1.6 Prescriptive design of concrete and masonry foundation walls is amended to read as follows:

1807.1.6 Prescriptive design of concrete and masonry foundation walls. Concrete and masonry foundation walls that are laterally supported at the top and bottom shall be permitted to be designed and constructed in accordance with this section. Prescriptive design of foundation walls shall not be used for structures assigned to Seismic Design Category D, E or F.

Section 3109.1.1 Construction permit; safety features required is added to read as follows:
3109.1.1 Construction permit; safety features required. New or remodeled pools or spas, at a private single-family home, shall have an enclosure complying with the amended California Residential Code Appendix V.”
SECTION 7: Chapter 16.05 of the Stanton Municipal Code is hereby amended to read as follows:
“Chapter 16.05 RESIDENTIAL CODE

16.05.010 California Residential Code adopted.

There is hereby adopted the California Residential Code, 2022 Edition, together with Chapter 1 and Appendix V, based on the 2021 International Residential Code as published by the International Code Council.

16.05.20 California Residential Code amended.

Section R105.5 Expiration is amended to read as follows:

R105.5 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 12 months after its issuance, or if ORDINANCE NO. 1128
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the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. No permit shall be extended more than once.

Section R105.10 Reconstruction is added to read as follows:

R105.10 Reconstruction. If the value of the reconstruction (or renovation) of a building is equal to or exceeds 75 percent of the habitable square footage of the building, the entire building shall comply with the code provisions for new construction. The value of the reconstruction (or renovation) for a property shall include the value of all construction stemming from construction-related permits issued within the last two years.

Table R301.2 Climatic and Geographic Design Criteria is amended to read as follows:

TABLE R301.2 CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
Ground
snow
loado
WIND DESIGN Seismic
design
categoryf
SUBJECT TO DAMAGE FROM Ice barrier
underlayment
requiredh
Flood
hazardsg
Air
freezing
indexi
Mean
annual
tempj
Speedd
(mph)
Topo.
effectsk
Special
wind
regionl
Windborne
debris
zonem
Weatheringa Frost line
depthb
Termitec
Zero 95 No No No D2 or E Negligible 12-24” Very
Heavy
No No 0 60
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s.

a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., "negligible," "moderate" or "severe") for concrete as determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652.
b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.
c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage.

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d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R30l.2( 4)].Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4. f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.
g. The City of Stanton does not have a Flood Hazards Zone. h. In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO."
i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the l00-year (99%) value on the National Climatic Data Center data table "Air Freezing Index- USA Method (Base 32°)" at www.ncdc.noaa.gov/fpsf.htrnl. j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)" at www.ncdc.noaa.gov/fpsf.html. k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speedup effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table. l. In accordance with Figure R301.2(4)A, where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with “YES” and identify any specific requirements. Otherwise, the jurisdiction shall indicate “NO” in this part of the table.

m. In accordance with Section R301.2.1.2, the jurisdiction shall indicate the wind-borne debris wind zone(s). Otherwise, the jurisdiction shall indicate “NO” in this part of the table.

o. The jurisdiction shall fill in this section of the table using the Ground Snow Loads in Figure R301.2 (3) and R301.2(4).

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

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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, 903.2.8.

Section R313.2 One- and two-family dwellings automatic fire sprinkler systems is amended by modifying the exception to read as follows:

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, Section 903.2.8.

Section R313.3.6.2.2 Calculation procedure is amended 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 R902.1 Roofing covering materials is amended by revising it to allow only class A or B roofs 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 Roof coverings in all other areas is amended by revising it to require a minimum Class B roof 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.

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Section R902.2 Fire-retardant-treated shingles and shakes, first paragraph, is amended by revising it to allow only Class A or B treated wood roofs as follows:

R902.2 Fire-retardant-treated shingles and shakes. Fire-retardanttreated wood shakes and shingles are wood shakes and shingles complying with UBC Standard 15-3 or 15-4 which are impregnated by the full-cell vacuum-pressure process with fire-retardant chemicals, and which have been qualified by UBC Standard 15-2 for use on Class A or B roofs.

Section R1001.13 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices is added to read 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 added to read 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 Department 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 of an atmospheric column that extends vertically from the perimeter of the device. Where a permanent Building Department 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 added to read 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.”
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SECTION 8: Chapter 16.06 of the Stanton Municipal Code is hereby added to read as follows:
“Chapter 16.06 ELECTRICAL CODE

16.06.010 California Electrical Code adopted.

Except as provided in this chapter, the California Electrical Code, 2022 Edition, based on the 2020 National Electrical Code as published by the National Fire Protection Association, is hereby adopted and shall be and become the Electrical Code of the City of Stanton, regulating all installation, arrangement, alteration, repair, use and other operation of electrical wiring, connections, fixtures, and other electrical appliances on premises within the city.

16.06.020 California Electrical Code amended.

A. Article 310.16 Continuous Inspection of Aluminum Wiring is added to read as follows:

Article 310.16 Continuous Inspection of Aluminum Wiring. Aluminum conductors of No. 6 or smaller used for branch circuits shall require continuous inspection by an independent testing agency approved by the Building Official for proper torqueing of connections at their termination point.” SECTION 9: Chapter 16.07 of the Stanton Municipal Code is hereby added to read as follows:

Chapter 16.07 MECHANICAL CODE

16.07.010 California Mechanical Code adopted.

The California Mechanical Code, 2022 Edition, based on the 2021 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials, is hereby adopted and shall be and become the Mechanical Code of the City, regulating and controlling the design, construction, installation, quality of materials, location, operation, and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators, and other miscellaneous heat producing appliances.”
SECTION 10: Chapter 16.08 of the Stanton Municipal Code is hereby added to read as follows:
“Chapter 16.08 PLUMBING CODE

16.08.010 California Plumbing Code adopted.

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The California Plumbing Code, 2022 Edition, based on the 2021 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials, is hereby adopted and shall be and become the Plumbing Code of the City of Stanton, regulating erection, installation, alteration, repair, relocation, replacement, maintenance, or use of plumbing systems within the City.” SECTION 11: Chapter 16.10 of the Stanton Municipal Code is hereby added to read as follows:
“Chapter 16.10 ENERGY CODE

16.10.010 California Energy Code adopted.

The California Energy Code, 2022 Edition, as published by the California Building Standards Commission, is hereby adopted and shall be and become the Energy Code of the City of Stanton.”
SECTION 12: Chapter 16.11 of the Stanton Municipal Code is hereby added to read as follows:
“Chapter 16.11 EXISTING BUILDING CODE

16.11.010 California Existing Building Code adopted.

There is hereby adopted the California Existing Building Code, 2022 Edition, based on the 2021 International Existing Building Code as published by the International Code Council.”
SECTION 13: Chapter 16.12 of the Stanton Municipal Code is hereby added to read as follows:
“Chapter 16.12 HISTORICAL BUILDING CODE

16.12.010 California Historical Building Code adopted.

The California Historical Building Code, 2022 Edition, as published by the California Building Standards Commission, is hereby adopted and shall be and become the Historical Building Code of the City of Stanton.” SECTION 14: Chapter 16.13 of the Stanton Municipal Code is hereby added to read as follows:
“Chapter 16.13 REFERENCED STANDARDS CODE

16.13.010 California Referenced Standards Code adopted.

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The California Referenced Standards Code, 2022 Edition, as published by the California Building Standards Commission, is hereby adopted and shall be and become the Referenced Standards Code of the City of Stanton.” SECTION 15: Chapter 16.14 of the Stanton Municipal Code is hereby added to read as follows:
“Chapter 16.14 GREEN BUILDING STANDARDS CODE

16.14.010 California Green Building Standards Code adopted.

The California Green Building Standards Code, 2022 Edition, as published by the California Building Standards Commission, is hereby adopted and shall be and become the Green Building Code of the City of Stanton.” SECTION 16: Chapter 16.15 of the Stanton Municipal Code is hereby added to read as follows:
“Chapter 16.15 INTERNATIONAL PROPERTY MAINTENANCE CODE

16.15.010 International Property Maintenance Code adopted.

The International Property Maintenance Code, 2021 Edition, as published by the International Code Council, is hereby adopted as the Property Maintenance Code of the City of Stanton, regulating construction, enlargement, alteration repair, maintenance, moving, improving, removal, conversion, demolition, and occupancy of all buildings or portions thereof used, or designed or intended to be used for human habitation.

16.15.020 International Property Maintenance Code amended.

Section [A] 102.3 Application of other codes is amended to read as follows:
[A] 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, must be done in accordance with the provisions of the California Building Code, California Existing Building Code, California Energy Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Residential Code, and the California Green Building Standards. Nothing in this code will be construed to cancel, modify, or set aside any provision of the Stanton Municipal Code.

Section 103.5 Fees is amended to read as follows:

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103.5 Fees. The fees for activities and services performed by the department in carrying out the department’s responsibilities under this code are set by City Council resolution.

Section 108.1 General is amended to read as follows:
108.1 General. When a structure or equipment is found by the code official to contain any of the conditions listed in Section 17920.3 of the California Health and Safety Code, to the extent that the structure or equipment is unsafe or unfit for human occupancy, such structure may be condemned pursuant to this code.

Section 112.4 Failure to comply is amended to read as follows:
112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine(s) or fines in an amount(s) as may be established by the City Council.

Section 303.2 Enclosures is amended to read as follows:
303.2 Enclosures. Private swimming pools, hot tubs and spas containing water more than 18 inches in depth must be completely surrounded by a fence or barrier at least 60 inches in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers must be self-closing and self-latching. Where release mechanisms of the self-latching device are located less than 60 inches above grade measured on the side of the barrier that faces away from the pool, the release mechanism must be located on the pool side of the gate at least three inches below the top of the gate and the barrier must have no opening greater than one-half inch within 18 inches of the release mechanism. Self-closing, self- latching gates must be maintained such that the gate will positively close and latch when released from an open position of six inches from the gate post. No existing pool enclosure may be removed, replaced, or changed in a manner that reduces its effectiveness as a safety barrier.

The exception to section 303.2 is deleted in its entirety.

Section 304.1.1 Unsafe conditions is amended in part to read as follows:
304.1.1 Unsafe conditions. The following conditions are determined to be unsafe and must be repaired or replaced to comply with the California Building Codes or California Existing Building Code as required for existing buildings:

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(No further changes to remainder of section 304.1.1)
Section 305.1.1 Unsafe conditions is amended in part to read as follows:
305.1.1 Unsafe conditions. The following conditions are determined to be unsafe and must be repaired, or replaced, to comply with the California Building Codes or California Existing Building Code as required for existing buildings:
(No further changes to remainder of section 305.1.1)
Section 306.1.1 Unsafe conditions is amended in part to read as follows:
306.1.1 Unsafe conditions. The following conditions are determined to be unsafe and must be repaired, or replaced, to comply with the California Building Codes or the California Existing Building Code as required for existing buildings:
(No further changes to remainder of section 306.1.1)
Section 401.3 Alternative devices is amended to read as follows:
401.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the California Building Code shall be permitted.

Section [P] 502.5 Public toilet facilities is amended to read as follows:
[P] 502.5 Public toilet facilities. Public toilet facilities must be maintained in a safe sanitary working condition in accordance with the California Plumbing Code. Except for periodic maintenance or cleaning, public access and use must be provided to the toilet facilities at all times during occupancy of the premises.

Section [P] 505.1 General is amended to read as follows:
[P] 505.1 General. Every sink, lavatory, bathtub, shower, drinking fountain, water closet, or other plumbing fixture must be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, and bathtubs and showers must be supplied with hot or tempered, and cold running water in accordance with the California Plumbing Code.

Section 602.2 Residential occupancies is amended to read as follows:

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602.2 Residential occupancies. Dwellings must be provided with heating facilities capable of maintaining a room temperature of 68°F in all habitable rooms, bathrooms, and toilet rooms. Cooking appliances may not be used, nor may portable unvented fuel-burning space heaters be used, as a means to provide required heating.

The exception to section 602.2 is deleted in its entirety.

Section 602.4 Occupiable work spaces is amended in part to read as follows:
602.4 Occupiable work spaces. Indoor occupiable work spaces must be supplied with heat to maintain a temperature of not less than 65°F during the time the spaces are occupied.
(No further changes to remainder of section 602.4)
Section 604.2 Service is amended to read as follows:
604.2 Service. The size and usage of appliances and equipment serves as a basis for determining the need for additional facilities in accordance with the California Electrical Code. Dwelling units must be served by a threewire, 120/240 volt, single-phase electrical service having a rating of not less than 60 amperes.

Section 604.3.1.1 Electrical equipment is amended to read as follows:
604.3.1.1 Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground-fault circuit interrupters, surge protectors, molded case circuit breakers, low-voltage fuses, luminaries, ballasts, motors and electronic control, signaling, and communication equipment and that have been exposed to water must be replaced in accordance with the provisions of the California Building Code and California Electrical Code.

Section 604.3.2.1 Electrical equipment is amended to read as follows:
604.3.2.1 Electrical equipment. Electrical switches, receptacles and fixtures, including furnace, water-heater, security system, and powerdistribution circuits that have been exposed to fire, must be replaced in accordance with the California Building Code and the California Electrical Code.

Section [F] 702.1 General is amended to read as follows:
[F] 702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the California Building Code.

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Section [F] 702.2 Aisles is amended to read as follows:
[F] 702.2 Aisles. The required width of aisles in accordance with the California Building Code shall be unobstructed.

Section [F] 702.3 Locked doors is amended to read as follows:
[F] 702.3 Locked doors. All means of egress doors must be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where door hardware conforms to that permitted by the California Building Code.

CHAPTER 9 POST-DISASTER RECOVERY AND RECONSTRUCTION is added to the 2021 International Property Maintenance Code to read as follows:

SECTION 901

POST-DISASTER SAFETY ASSESSMENT PLACARDS AND SECURITY
901.1 SCOPE. This chapter establishes standard placards to be used to indicate the condition of a structure for continued occupancy after any natural or man-made disaster. It further authorizes the Building and Safety Department, as well as authorized representatives, to post appropriate placards at each entry point to a building or structure upon completion of a safety assessment. 901.2 APPLICATION OF PROVISIONS. The provisions of this chapter are applicable to all buildings and structures, of all occupancies, regulated by the City following each natural or man-made disaster.
901.3 DEFINITIONS. For the purposes of this section, the following definitions shall apply:
901.3.1 BUILDING OFFICIAL is person or entity designated as such by the city council or that person or entity’s designee
901.3.2 SAFETY ASSESSMENT is a visual examination of a building or structure for the purpose of determining whether continued use or occupancy is appropriate following a natural or man-made disaster. 901.4 PLACARDS. The following official placards must be used to designate the condition of buildings or structures following a disaster. 901.4.1 (GREEN) INSPECTED - LAWFUL OCCUPANCY PERMITTED.

Posted on any building or structure where no apparent hazard has been found.

Placement of this placard does not mean that there is no damage to the building or structure.

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901.4.2 (YELLOW) RESTRICTED OR LIMITED ENTRY. Posted on each damaged building or structure where damage has created a hazardous condition which justifies restricted occupancy. The Building Official who posts this placard will note in general terms the hazard created and will clearly and concisely note the restrictions on occupancy.
901.4.3 (RED) UNSAFE – DO NOT ENTER OR OCCUPY. Posted on each damaged building or structure such that continued occupancy poses a threat to life or health. Buildings or structures posted with this placard may be entered only after authorization in writing by the building official. Safety assessment teams are authorized to enter these buildings at any time. This placard may not be used or considered as a demolition order. The official who posts this placard must make a note in general terms of the damage encountered. 901.4.4 SECURING OF UNSAFE BUILDINGS OR STRUCTURES. Buildings or structures that have been determined by the Building Official to pose a threat to life safety or to be unsafe due to damage may be required by the Building Official to be secured from entry by fencing or other approved means until such time that the damage or threat to life is removed by repair, reconstruction or demolition. The fencing or security measures may not be removed without authorization from the building official.
901.4.5 REMOVAL OF PLACARDS. Once the placard has been attached to a building or structure, it may not be removed, altered, or covered until authorized by the Building Official.
901.5 VIOLATION. Any violation of Chapter 9 of this code is a misdemeanor and will be subject to punishment in accordance with the Stanton Municipal Code and the City of Stanton Building Codes in Division 1 of Title 16 of the Stanton Municipal Code.

SECTION 902

POST DISASTER ABATEMENT
902.1 INTENT. This chapter establishes abatement criteria for all buildings and structures damaged as a result of a disaster for which a local emergency has been declared.
902.2 APPLICATION OF PROVISIONS. The provisions of this chapter are applicable to all buildings and structures regulated by the city. 902.3 DEFINITIONS. For the purposes of this section, the following definitions shall apply:
902.3.1 EVENT means any occurrence which results in the declaration of a disaster, including but not limited to, fires, landslides, wind storms, earthquakes, and floods.

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902.3.2 HISTORIC BUILDING OR STRUCTURE means any building or structure registered with a federal, state, county, or city government, or the register of points of interest. Historic buildings and structures also include those buildings and structures within a recognized historic district. 902.3.3 STATE HISTORIC PRESERVATION OFFICER (SHPO) is the person appointed by the Governor, pursuant to Section 101(b)(1) of the National Historic Preservation Act of 1966, as amended, to administer the State Historic Preservation Program.

Office of Historic Preservation
Department of Parks and Recreation
P.O. BOX 942896
Sacramento, CA 94296-0001
Phone: (916) 653-6624
FAX: (916) 653-9824
902.4 ABATEMENT CRITERIA
902.4.1 NOTICE OF DETERMINATION. Except as provided in Section 902.4.2 below, the Building Official must serve a written Notice of Determination to each property owner as found on the latest available copy of the last equalized assessment roll. Such Notice of Determination must be delivered by hand-delivery, telephone, telegram, facsimile or other reasonable means, and must clearly indicate that the structure is an imminent hazard and dangerous and that, as such, it constitutes a public nuisance. The notice must set forth those factors which, in the opinion of the Building Official, make the structure an imminent hazard and dangerous, and must also include a directive from the Building Official of the specific action or actions to be taken by the property owner. The Notice must specify that within 48 hours from the time of issuance of the Notice of Determination, the owner or other party of record with an equitable or legal interest in the property must abate the nuisance in accordance with the directives written in the Notice of Determination by the Building Official.
902.4.2 NOTICE OF DETERMINATION EXCEPTION. No prior notice is required, when the Building Official, after considering all the facts, determines, in writing, that the structure is an imminent hazard and dangerous, and that it must be abated immediately and that time and circumstances do not permit the giving of prior notice to the owner. In those cases where time and circumstances do not permit the city to give the owner notice prior to abatement, the Building Official may cause the nuisance to be summarily abated.
902.4.3 APPEAL OF NOTICE OF DETERMINATION. A Notice of
Determination delivered by the Building Official, that a building or structure is ORDINANCE NO. 1128
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an imminent hazard and dangerous and therefore must be abated, may be appealed by the property owner or any other party of record with an equitable or legal interest in the property. Such appeal must be made to the Building Official within 48 hours of delivery of such Notice of Determination by the Building Official. Such appeal must be accompanied by a written Hazard Abatement Plan signed by a State of California licensed engineer or architect or by a written report by a State of California licensed engineer or architect stating why the engineer or architect feels the building or structure is not an imminent hazard or dangerous at this time. Such report must include a recommendation by the engineer or architect as to what should or should not be done at this time. If the Building Official accepts the proposed Hazard Abatement Plan in lieu of the Notice of Determination, the Hazard Abatement Plan must be implemented within 24 hours of acceptance by the Building Official. If the Building Official accepts an engineer's report and agrees there is no imminent hazard, the Building Official must rescind, in writing, the Notice of Determination.

Should the Building Official disagree with the Hazard Abatement Plan or should the Building Official disagree with the engineer's or architect's report, a hearing must be conducted by the Board of Appeals, as soon as a quorum can be assembled.
902.4.4 BOARD OF APPEALS HEARING. At the hearing, the appellant has the right to call witnesses, to submit evidence, and to cross-examine the witnesses of the city. All witnesses must be sworn.

A record of the proceedings must be made by tape recording. Any relevant evidence may be submitted, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in the courts of this State.

At the close of the hearing, the Board of Appeals must act to uphold, overrule, or modify the determination and order of the Building Official. The determination and order of the Building Official will be upheld, unless the Board of Appeals finds, based upon the evidence in the record, that the Building Official erred in determining that the structure is an imminent hazard and dangerous. The decision of the Board of Appeals, with the reasons therefore, may be given orally on the record. If given orally, the decision must be memorialized in writing and served upon the applicant within 24 hours of the time the oral decision is rendered.

If the Board of Appeals upholds the decision of the Building Official, the property owners of record will be ordered to abate the public nuisance within the time set forth in the order. If the structure is determined not to be an imminent hazard and dangerous, the Building Official's determination and order will be vacated. The decision of the Board of Appeals will be final on the date it is rendered.

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902.4.5 HAZARD ABATEMENT PLAN. If a Hazard Abatement Plan is approved by the Building Official, the owner or other interested party of record must execute such plan within 24 hours of obtaining approval of the plan from the Building Official. Within 24 hours of completion of the abatement work the owner or other interested party of record must provide the Building Official with a written certification that the public nuisance, as described in the Building Official's Notice of Determination, has been abated.

If the work performed pursuant to the Hazard Abatement Plan amounts to temporary abatement, the owner or other party of record, prior to proceeding with permanent repairs, must obtain required permits and file a damage assessment report with the Building Official. The damage assessment report must be reviewed and approved by the Building Official prior to proceeding with permanent repairs. 902.4.6 FAILURE TO PERFORM. In those instances where the property owner or other interested party of record either does not respond to the Building Official's Notice of Determination or approved Hazard Abatement Plan, responds untimely, or responds timely but fails to abate the public nuisance within the required time period, the imminent hazard and dangerous structure will be subject to immediate abatement by the Building Official.
902.4.7 PUBLIC NUISANCE. All structures or portions of such structures which, after inspection by the Building Official, are determined to be an imminent hazard and dangerous, either to the public, occupants of the subject structure, or to any adjacent structures, are hereby declared to be public nuisances and must be abated by the owner in accordance with the procedures specified in Sections

43.2.4.4 and 43.2.4.5.
902.4.8 SUSPENSION OF ABATEMENT OF WORK. Notwithstanding any code provisions to the contrary, the Building Official is authorized to suspend abatement work, and to allow the property owner or other party of legal interest to complete the abatement work.
902.4.9 CHANGE OF STATUS. When the conditions making a structure an imminent hazard and dangerous have been abated, the structure will no longer be considered an imminent hazard and dangerous. However, if the abatement work is temporary in nature, as determined by the Building Official, the structure will remain subject to the provisions of this section.
902.4.10 DEMOLITION PERMIT. If the owner of any building or structure has decided to demolish rather than repair, the owner, or the owner's representative, must obtain a demolition permit.
902.5 HAZARD ABATEMENT OF HISTORIC BUILDINGS OR STRUCTURES. 902.5.1 NOTIFICATION OF IMMINENT HAZARD. Within ten days after the event, the Building Official must notify the State Historic Preservation Officer that one of the following actions will be taken regarding any historic building or structure ORDINANCE NO. 1128
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determined by the Building Official to represent an imminent hazard to the health or safety of the public, or to pose an imminent threat to the public right of way:
902.5.1.1 BRACING OR SHORING. Whenever possible, as determined by the Building Official, the building or structure may be braced or shored in such a manner as to mitigate the hazard to public health or safety or the hazard to the public right-of-way.
902.5.1.2 CONDEMNATION. Whenever bracing or shoring is determined to be an unreasonable alternative, the Building Official may cause the building or structure to be condemned and immediately demolished. Such condemnation and demolition may be performed in the interest of public health or safety without a condemnation hearing as required by the 1997 Uniform Code for the Abatement of Dangerous Buildings.
902.5.2 CONDEMNATION PROCEEDINGS. If, ten days after the event and less than 30 days after the event, an historic building or structure is determined by the Building Official to represent a hazard to the health or safety of the public or to pose a threat to the public right of way, the Building Official may initiate condemnation proceedings in accordance with the Uniform Code for the Abatement of Dangerous Buildings. The Building Official may also notify the Federal Emergency Management Agency (FEMA), in accordance with the National Historic Preservation Act of 1966, as amended, of its intent to hold a condemnation hearing.
902.5.3 REQUEST TO DEMOLISH. If the Building Official and the owner of any historic building or structure agree that such a building or structure should be demolished, the Building Official must submit a request to demolish to the Federal Emergency Management Agency, in accordance with the National Historic Preservation Act of 1986, as amended. Such request must include all substantiating data.

SECTION 903

DISASTER REPAIR AND RECONSTRUCTION
903.1 INTENT. This section establishes standards and regulations for the expeditious repair and reconstruction of structures damaged as a result of a disaster for which a local emergency has been declared.
903.2 APPLICATION OF PROVISIONS.
903.2.1 DECLARATION OF EMERGENCY. The provisions of this chapter are applicable to all buildings and structures regulated by the city following each disaster after a local emergency has been declared.

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903.2.2 WAIVER FOR ENGINEERING EVALUATION. The requirements of this chapter may be waived by the Building Official subject to an Engineering Evaluation as defined in Section 903.3.3.4.
903.3 DEFINITIONS. For the purpose of this section, the following definitions apply:
903.3.1 ARCHITECT is a person licensed by the State of California to practice architecture, as prescribed by the State of California Business and Professions Code.
903.3.2 CIVIL ENGINEER is a person registered by the State of California to practice Civil Engineering, as prescribed by the State of California Business and Professions Code.
903.3.3 CURRENT CODE means those codes adopted by the city pursuant to California Health and Safety Code § 18941.5.
903.3.4 ENGINEERING EVALUATION is an evaluation of a damaged building or structure, or suspected damaged building or structure, performed under the direction of a structural engineer, civil engineer, or architect retained by the owner of the building or structure. Engineering evaluations must, at a minimum, contain recommendations for repair and an appropriate opinion of the construction cost for those repairs. All engineering evaluations must include the engineer's or architect’s stamp, wet-signature, and license expiration date. 903.3.5 ESSENTIAL SERVICE FACILITY means those buildings or structures designated by the city to house facilities necessary for emergency operations subsequent to a disaster.
903.3.6 REPLACEMENT VALUE is the dollar value, as determined by the building official, for replacing a damaged structure with a new structure of the same size, same type of construction, and same occupancy, and located on the same site. 903.3.7 STRUCTURAL ENGINEER is a person registered by the State of California to practice civil engineering and to use the title, Structural Engineer, as defined in Section 5537.1 of the State of California Business and Professions Code.
903.3.8 VALUE OF REPAIR is the dollar value, as determined by the Building Official, for making necessary repairs to the damaged structure. 903.4 REPAIR CRITERIA
903.4.1 GENERAL. Buildings and structures of all occupancies which have been damaged as the result of a disaster, except as otherwise noted, must be repaired in accordance with the following criteria:

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903.4.2 UP TO TEN PERCENT REPAIR VALUE. When the estimated value of repair does not exceed ten percent of the replacement value of the structure, the damaged portion may be restored to the pre-disaster condition; except that when the damaged elements include suspended ceiling systems, the ceiling system must be repaired with all bracing required by current code. 903.4.3 UP TO FIFTY PERCENT REPAIR VALUE. When the estimated value of repair is greater than ten percent but less than fifty percent of the replacement value of the structure, the damaged elements must be repaired and brought into conformance with the structural requirements of the current code. 903.4.4 MORE THAN FIFTY PERCENT REPAIR VALUE. When the estimated value of repair is fifty percent or more of the replacement value of the structure, the entire structure must be brought into conformance with the fire and life safety and structural requirements of the current code.
903.4.5 CHIMNEY VALUE EXCLUSION. In Group R, Division 3, occupancies, the repair value of damaged chimneys may be excluded from the computation of percentage of replacement value. Damaged chimneys must be repaired in accordance with Section 903.5.
903.5 REPAIR CRITERIA FOR FIREPLACES AND CHIMNEYS.
903.5.1 GENERAL. All damaged chimneys must be repaired or reconstructed to comply with the requirements of Chapter 21 of the CBC. Damaged portions of chimneys must be removed in accordance with the following criteria. 903.5.2 DAMAGE ABOVE THE ROOF LINE. When the damaged portion of the chimney is located between the roof line and the top of the chimney, the damaged portion may be removed to the roof line provided the roof and ceiling anchorage are in sound condition. The reconstruction portion of the chimney must be braced to the roof structure using an approved method. 903.5.3 SINGLE-STORY STRUCTURE DAMAGE BELOW THE ROOF LINE.

For a single-story structure in which the damaged portion of the chimney is below the roof line, or the damaged portion extends from above the roof line to below the roof line, the chimney must be removed to the top of the firebox. 903.5.4 MULTI-STORY STRUCTURE DAMAGE BELOW THE ROOF LINE.

For a multi-story structure, the damaged portion of the chimney must be removed from the top to a floor line where anchorage is found. 903.5.5 FIREBOX DAMAGE. In any structure where the firebox has been damaged, the entire chimney and firebox must be removed to the foundation.

If the foundation is in sound condition, the firebox and chimney may be reconstructed using the existing foundation. If the foundation has been damaged, the foundation must be removed and replaced. Such reconstruction and replacement must be in accordance with Chapter 21 of the CBC Code.

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903.5.6 ENGINEERED ALTERNATE SOLUTIONS. Where existing conditions preclude the installation of all anchorage required by Chapter 21 of the CBC, alternate systems may be used in accordance with the alternate methods and materials provisions of the CBC when approved by the Building Official. 903.5.7 BRACING. Where the portion of the chimney extending above the roof line exceeds two times the least dimension of the chimney, that portion above the roof line must be braced to the roof structure using an approved method. 903.6 REPAIR CRITERIA FOR HISTORIC BUILDINGS OR STRUCTURES. 903.6.1 ENGINEERING EVALUATION REQUIRED. Buildings or structures which are included on a national, state, or local register for historic places or which are qualifying structures within a recognized historic district, which have been damaged as a result of a disaster, must have an engineering evaluation performed.
903.6.2 MINIMUM REPAIR CRITERIA. The minimum criteria for repair are included in Section 903.4, Repair Criteria, with due consideration given to the historical rating and nature of the structures. Additional standards and criteria, as noted in Part 8, Title 24, California Code of Regulations, also apply. 903.7 REPAIR CRITERIA FOR UNREINFORCED MASONRY BUILDINGS AND STRUCTURES.
903.7.1 GENERAL. All damaged buildings determined to be bearing wall buildings constructed of unreinforced masonry must be repaired and strengthened to fully comply with the requirements of § 15.04.” SECTION 17: Chapter 16.20 of the Stanton Municipal Code is hereby added to read as follows:
“Chapter 16.20 INTERNATIONAL SWIMMING POOL AND SPA CODE

16.20.010 International Swimming Pool and Spa Code adopted.

The International Swimming Pool and Spa Code, 2021 Edition, as published by the International Code Council, is hereby adopted as the Swimming Pool and Spa Code of the City of Stanton.

16.20.020 International Swimming Pool and Spa Code amended.

Section [A] 101.1 Title is amended to read as follows:
[A] 101.1 Title. These regulations shall be known as the Swimming Pool and Spa Code of the City of Stanton hereinafter to as “this code.” ORDINANCE NO. 1128
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Section [A] 102.7.1 Application of the International Codes is amended to read as follows:
[A] 102.7.1 Application of the International Codes. Where the International Residential Code is referenced in this code, the provisions of the California Residential Code shall apply to related systems in detached one- and two-family dwellings and townhouses not more than three stories in height. Other related systems shall comply with the applicable California Codes or referenced standard.

Section [A] 105.6 Fees is amended to read as follows:
[A] 105.6 Fees. A permit shall not be valid until the fees prescribed by law have been paid. All fees related to and any permit, work, inspection, violation, plan review or refunds shall be in accordance with Section 109 of the California Building Code.

Section [A] 105.6.2 Fee schedule and [A] 105.6.3 Fee refunds are deleted in their entirety without replacement.

Section [A] 108.2 Membership of board is amended to read as follows:
[A] 108.2 Board of appeals. The Board of Appeals shall consist of members as set forth in Chapter 113.1 of the California Building Code and any amendments of the Stanton Municipal Code.

Section [A] 108.2.1 Qualifications is deleted in its entirety without replacement.

Section 305.2.1 Barrier height and clearances is amended to read as follows:
305.2.1 Barrier height and clearances Barrier heights and clearances shall be in accordance with all of the following:

1. The top of the barrier shall be not less than 60 inches (1524 mm) above grade where measured on the side of the barrier that faces away from the pool or spa. Such height shall exist around the entire perimeter of the barrier and for a distance of 3 feet (914 mm) measured horizontally from the outside of the required barrier.
(The remaining language in 305.2.1 is to remain and unchanged.)” SECTION 18: Chapter 16.21 of the Stanton Municipal Code is hereby added to read as follows:
“Chapter 16.21 FIRE CODE

16.21.010 California Fire Code adopted.

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The California Fire Code, 2022 Edition, with Appendices B, BB, C and CC, as published by the California Building Standards Commission, is hereby adopted and shall be and become the Fire Code of the City of Stanton.

16.21.020 California Fire Code amended.
“Chapter 1
Scope and Administration
Chapter 1 General Requirements. Adopt Chapter 1 in its entirety, with the following amendments:

Section 112.4 Violation penalties is hereby revised as follows:
112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or shall fail to comply with any issued orders or notices or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be subject to penalties assessed as prescribed in the OCFA Prevention Field Services adopted fee schedule. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 112.4.2 Infraction and misdemeanor is hereby added as follows:
112.4.2 Infraction and misdemeanor. Persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction.

Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative are guilty of a misdemeanor.

Chapter 2
Definitions
Chapter 2 Definitions is adopted in its entirety as amended by SFM with the following amendments:

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

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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
General Requirements
Chapter 3 General Requirements. Adopt Chapter 3 in its entirety with the exception of Sections 308.1.4, 311.5 through 311.5.5, 318, and 319, and with the following amendments:

Section 304.1.2 Vegetation is hereby revised as follows:
304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Chapter 49. Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with OCFA Guideline C05 “Vegetation Management Guideline—Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program.”
Section 305.6 Hazardous Conditions is hereby added as follows:
305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions applies:

1. when predicted sustained winds exceed 8 MPH and relative humidity is less than 25%, or a red flag condition has been declared

2. when an official sign was caused to be posted by the fire code official, or a public announcement is made
No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the fire code official.

Section 305.7 Disposal of rubbish is hereby added as follows:

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305.7 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1.

Section 307 OPEN BURNING, RECREATIONAL FIRES AND PORTABLE OUTDOOR FIREPLACES is hereby revised as follows:

SECTION 307 OPEN BURNING, RECREATIONAL FIRES, FIRE PITS, FIRE

RINGS, AND PORTABLE OUTDOOR FIREPLACES
Sections 307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies is hereby added as follows:
307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R occupancies shall comply with this section.

Exception: Barbeques, grills, and other portable devices intended solely for cooking.

Section 307.6.1 Gas-fueled devices is hereby added as follows:
307.6.1 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 Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet. Where a permanent Building Department 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 as defined in Section 202.

Section 307.6.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas is hereby added as follows:
307.6.2 Devices using wood or fuels other than natural gas or liquefiedpetroleum gas. Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. 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 25 feet of combustible structures unless within an approved permanent fireplace, Conditions ORDINANCE NO. 1128
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which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308.

Exceptions:

1. Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3’ from combustible construction at R-3 occupancies,

2. Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies.

Section 307.6.2.1 Where prohibited is hereby added as follows:
307.6.2.1 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), WildlandUrban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI.

Exceptions:

1. Permanent fireplaces that are not located in a fuel modification zone

2. Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire.

Section 324 Fuel Modification Requirements for New Construction is hereby added as follows:
324 Fuel Modification Requirements for New Construction. All new structures and 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 325 Clearance of brush or vegetation growth from roadways is hereby added as follows:

325 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces.

Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ORDINANCE NO. 1128
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ground covers, provided that they do not form a means of readily transmitting fire.

Section 326 Unusual Circumstances is hereby added as follows:

326 Unusual circumstances. The fire code official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist:

1. Difficult terrain.

2. Danger of erosion.

3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county-approved list of wildlife, plants, rare, endangered and/or threatened species.

4. Stands or groves of trees or heritage trees.

5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical.

Section 327 Use of Equipment is hereby added as follows:
327 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 202 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.

Exceptions:

1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California.

2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition.

Section 327.1 Use of Equipment and Devices Generating Heat, Sparks or Open Flames is hereby added as follows:
327.1 Equipment and devices generating heat, sparks or open flames. During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forest- or brush-covered land or non-irrigated grass-covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, ORDINANCE NO. 1128
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or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:

1. First clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If 30-foot clearing cannot be achieved, then an alternate method shall be approved by the AHJ prior to work starting.

2. Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation.

3. Stop work when winds are 8 MPH or greater during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official.

4. Keep a cell phone nearby and call 911 immediate in case of fire.

Section 327.2 Spark Arresters is hereby added as follows:

327.2 Spark arresters. Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 324327 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.

Chapter 4
Emergency Planning and Preparedness
Chapter 4: Emergency Planning and Preparedness. Adopt only those sections and subsections adopted by SFM with the following amendment.

Section 407.5 is revised as follows:
407.5 Hazardous Materials Inventory Statement. Where required by the fire code official, each application for a permit shall include OCFA’s Chemical Classification Guideline in accordance with Section 5001.5.2.

Chapter 5
Fire Service Features
Chapter 5 Fire Service Features is adopted in its entirety as amended by SFM with the following amendments:

SECTION 501.1 Scope is revised as follows:

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501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the fire code official, with OCFA Guideline B-01, “Fire Master Plan for Commercial & Residential Development.” Section 510.1 Emergency responder radio coverage in new buildings is revised as follows:
510.1 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The Emergency Responder Radio Coverage System shall comply with the requirements of the Orange County Sheriff’s Department, Communications and Technology Division, and where the functionality of performance requirements in the California Fire Code are more stringent, this code.

Exceptions:

1. In buildings or structures where it is determined by the fire code official that the radio coverage system is not needed, including but not limited to the following:
a. Existing buildings or structures, unless required by the Building Official and OCFA for buildings and structures undergoing extensive remodel and/or expansion.
b. Elevators.
c. Structures that meet all of the following:
i. Three stories or less, and
ii. Do not have subterranean storage or parking, and
iii. Do not exceed 50,000 square feet on any single story. d. Structures that meet all of the following:
i. Residential structures four stories or less, and
ii. Constructed of wood, and
iii. Do not have subterranean storage or parking, and
iv. Are not built integral to an above ground multi-story parking structure.

Should a structure that is three stories or less and 50,000 square feet or smaller on any single story include subterranean storage or parking, then this ordinance shall apply only to the subterranean areas.

2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of the facility, the fire code official shall have the authority to accept an automatically activated emergency radio coverage system.

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Chapter 6
Building Services and Systems
Chapter 6 Building Services and Systems is adopted in its entirety as amended by SFM.

Chapter 7
Fire and Smoke Protection Features
Chapter 7 Fire and Smoke Protection Features is adopted in its entirety as amended by SFM.

Chapter 8
Interior Finish, Decorative Materials and Furnishings
Chapter 8 Interior Finish, Decorative Materials and Furnishings is adopted in its entirety as amended by SFM.

Chapter 9
Fire Protection and Life Safety Systems
Chapter 9 Fire Protection and Life Safety Systems is adopted in its entirety as amended by SFM with the following amendments:

Section 903.2 Where required is hereby revised 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., an automatic fire sprinkler 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 fire sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists:

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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:
903.2.8 Group R. An automatic fire 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 fire system shall be installed throughout all new buildings.

2. Existing R-3 Buildings: An automatic fire 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.

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Chapter 10
Means of Egress
Chapter 10 Means of Egress is adopted in its entirety as amended by SFM.

Chapter 11
Construction Requirements for Existing Buildings
Chapter 11 Construction Requirements for Existing Buildings. Adopt only those sections and subsections adopted by SFM.

Chapter 12
Energy Systems
Chapter 12 Energy Systems is adopted in its entirety as amended by SFM.

Chapter 20
Aviation Facilities
Chapter 20 Aviation Facilities is adopted in its entirety.

Chapter 21
Dry Cleaning
Chapter 21 Dry Cleaning is adopted in its entirety as amended by SFM.

Chapter 22
Combustible Dust-Producing Operations
90 100 110 120 130 140 150 PSI 85 80
75 Design %
TABLE 903.3.5.3
Hydraulically Calculated Systems
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Chapter 22 Combustible Dust-Producing Operations is adopted in its entirety as amended by SFM.

Chapter 23
Motor Fuel-Dispensing Facilities and Repair Garages
Chapter 23 Motor Fuel-Dispensing Facilities and Repair Garages is adopted in its entirety as amended by SFM.

Chapter 24
Flammable Finishes
Chapter 24 Flammable Finishes is adopted in its entirety as amended by SFM.

Chapter 25
Fruit and Crop Ripening
Chapter 25 Fruit and Crop Ripening is not adopted.

Chapter 26
Fumigation and Insecticidal Fogging
Chapter 26 Fumigation and Insecticidal Fogging is not adopted.

Chapter 27
Semiconductor Fabrication Facilities
Chapter 27 Semiconductor Fabrication Facilities is adopted in its entirety.

Chapter 28
Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities Chapter 28 Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities is adopted in its entirety with the following amendments:

Section 2801.2 Permit is hereby revised as follows:
2801.2 Permit. Permits shall be required as set forth in Section 105.6 and 105.6.29.

Section 2808.2 Storage site is hereby revised as follows:
2808.2 Storage site. Storage sites shall be level and on solid ground, elevated soil lifts or other all-weather surface. Sites shall be thoroughly cleaned, and approval obtained from the fire code official before transferring products to the site.

Section 2808.3 Size of piles is hereby revised as follows:

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2808.3 Size of piles. Piles shall not exceed 15 feet in height, 50 feet in width and 100 feet in length.

Exception: The fire code official is authorized to allow the pile size to be increased where a fire protection plan is provided for approval that includes, but is not limited to, the following:

1. Storage yard areas and materials-handling equipment selection, design and arrangement shall be based upon sound fire prevention and protection principles.

2. Factor that lead to spontaneous heating shall be identified in the plan, and control of the various factors shall be identified and implemented, including provisions for monitoring the internal condition of the pile.

3. The plan shall include means for early fire detection and reporting to the public fire department; and facilities needed by the fire department for fire extinguishment including a water supply and fire hydrants.

4. Fire apparatus access roads around the piles and access roads to the top of the piles shall be established, identified, and maintained.

5. Regular yard inspections by trained personnel shall be included as part of an effective fire prevention maintenance program.

Additional fire protection called for in the plan shall be provided and shall be installed in accordance with this code. The increase of the pile size shall be based upon the capabilities of the installed fire protection system and features.

Section 2808.4 Pile Separation is hereby revised as follows:
2808.4. Pile separation. Piles shall be separated from adjacent piles by a minimum distance of 20 feet. Additionally, piles shall have a minimum separation of 100 feet from combustible vegetation.

Section 2808.7 Pile fire protection is hereby revised as follows:
2808.7 Pile fire protection. Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile. Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down burning/smoldering areas.

Section 2808.9 Material-handling equipment is hereby revised as follows:
2808.9 Material-handling equipment. All material-handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester. Approved material-handling equipment shall be available ORDINANCE NO. 1128
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for moving wood chips, hogged material, wood fines and raw product during firefighting operations.

Section 2808.11 Temperature control is hereby added as follows:
2808.11 Temperature control. The temperature shall be monitored and maintained as specified in Sections 2808.11.1 and 2808.11.2.

Section 2808.11.1 Pile temperature control is hereby added as follows:
2808.11.1 Pile temperature control. Piles shall be rotated when internal temperature readings are in excess of 165 degrees Fahrenheit.

Section 2808.11.2 New material temperature control is hereby added as follows:
2808.11.2 New material temperature control. New loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery. Material with temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall comply with the requirements of this chapter and be monitored to verify that the temperature remains stable.

Section 2808.12 Water availability is hereby added as follows:
2808.12 Water Availability. Facilities with over 2500 cubic feet shall provide a water supply. The minimum fire flow shall be no less than 500 GPM @ 20 psi for a minimum of 1 hour duration for pile heights up to 6 feet and 2-hour duration for pile heights over 6 feet. If there is no water purveyor, an alternate water supply with storage tank(s) shall be provided for fire suppression. The water supply tank(s) shall provide a minimum capacity of 2500 gallons per pile (maximum 30,000 gallons) for piles not exceeding 6 feet in height and 5000 gallons per pile (maximum 60,000) for piles exceeding 6 feet in height. Water tank(s) shall not be used for any other purpose unless the required fire flow is left in reserve within the tank at all times. An approved method shall be provided to maintain the required amount of water within the tank(s).

Section 2808.13 Tipping area is hereby added as follows:
2808.13 Tipping areas shall comply with the following:

1. Tipping areas shall not exceed a maximum area of 50 feet by 50 feet.

2. Material within a tipping area shall not exceed 5 feet in height at any time.

3. Tipping areas shall be separated from all piles by a 20-foot-wide fire access lane.

4. A fire hydrant or approved fire water supply outlet shall be located within 150 feet of all points along the perimeter of the tipping area.

5. All material within a tipping area shall be processed within 5 days of receipt.

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Section 2808.14 Emergency Contact is hereby added as follows:
2808.14 Emergency Contact. The contact information of a responsible person or persons shall be provided to the Fire Department and shall be posted at the entrance to the facility for responding units. The responsible party should be available to respond to the business in emergency situation.

Section 2808.15 Maximum Grid of Piles and Rows is hereby added as follows:
2808.15 Maximum Grid of Piles and Rows, Rows of Piles shall not exceed 500 feet by 500 feet. Grids shall be separated by a minimum 50 foot clear space used for no other purpose.
2808.16 Push-out / Clear area is hereby added as follows:
2808.16 Push-out / Clear area Piles exceeding 20 cubic yards shall be provided with push-out areas. Push-out areas shall be maintained clear at all times to allow for the largest pile to be spread out to a depth of 2 feet in height.

Push-out areas shall be located within 250 feet of all edges of any pile and shall be located a minimum of 20 feet from any building.

Chapter 29
Manufacture of Organic Coatings
Chapter 29 Manufacture of Organic Coatings is adopted in its entirety.

Chapter 30
Industrial Ovens
Chapter 30 Industrial Ovens is adopted in its entirety.

Chapter 31
Tents, Temporary Special Event Structures and Other Membrane Structures Chapter 31 Temporary Special Event Structures and Other Membrane Structures is adopted in its entirety as amended by SFM.

Chapter 32
High-Piled Combustible Storage
Chapter 32 High-Piled Combustible Storage is adopted in its entirety as amended by SFM.

Chapter 33
Fire Safety During Construction and Demolition
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Chapter 33 Fire Safety During Construction and Demolition is adopted in its entirety.

Chapter 34
Tire Rebuilding and Tire Storage
Chapter 34 Tire Rebuilding and Tire Storage is adopted in its entirety as amended by SFM.

Chapter 35
Welding and Other Hot Work
Chapter 35 Welding and Other Hot Work is adopted in its entirety.

Chapter 36
Marinas
Chapter 36 Marinas is adopted in its entirety.

Chapter 37
Combustible Fibers
Chapter 37 Combustible Fibers is adopted in its entirety.

Chapter 39
Processing and Extraction Facilities
Chapter 39 Processing and Extraction Facilities is adopted in its entirety.

Chapter 40
Storage of Distilled Spirits and Wines
Chapter 40 Storage of Distilled Spirits and Wines is adopted in its entirety.

Chapter 48
Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations
Chapter 48 Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations is adopted in its entirety.

Chapter 49
Requirements for Wildland-Urban Interface Fire Areas
Chapter 49 Requirements for Wildland-Urban Interface Fire Areas is adopted in its entirety with the following amendment:

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Section 4903.3 Fuel Modification Plans is hereby added as follows:
4903.3 Fuel Modification Plans. Fuel modification plans shall be reviewed and approved by OCFA for all new buildings to be built or installed in a wildfire risk area. Plans shall meet the criteria set forth in OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”
Chapter 50
Hazardous Materials – General Provisions
Chapter 50 Hazardous Materials – General Provisions is adopted in its entirety as amended by SFM with the following amendments.

Section 5001.5.2 Hazardous Materials Inventory Statement (HMIS), is hereby revised as follows:
5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, an application for a permit shall include. Orange County Fire Authority’s Chemical Classification Guideline, which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises.

Section 5003.1.1.1 Extremely Hazardous Substances is hereby added as follows:
5003.1.1.1 Extremely Hazardous Substances. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al) in a residential zoned or any residentially developed property.

Chapter 51
Aerosols
Chapter 51 Aerosols is adopted in its entirety.

Chapter 53
Compressed Gases
Chapter 53 Compressed Gases is adopted in its entirety.

Chapter 54
Corrosive Materials
Chapter 54 Corrosive materials is adopted in its entirety as amended by SFM.

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Chapter 55
Cryogenic Fluids
Chapter 55 Cryogenic Fluids is adopted in its entirety.

Chapter 56
Explosives and Fireworks
Chapter 56 Explosives and Fireworks is adopted in its entirety as amended by SFM with the following amendments:

Section 5608.2 Firing is hereby added as follows:
5608.2 Firing. All fireworks display, regardless of mortar, device, or shell size, shall be electrically fired.

Section 5608.3 Application for Permit is hereby added as follows:

Section 5608.3 Application for Permit. A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the fallout area based on 100 feet per inch of shell size, the location of all buildings, roads, and other means of transportation, the lines behind which the audience will be restrained, the location of all nearby trees, telegraph or telephone line, or other overhead obstructions shall be provided to OCFA.

Chapter 57
Flammable and Combustible Liquids
Chapter 57 Flammable and Combustible Liquids. Adopt Chapter 57, as adopted and amended by SFM.

Chapter 58
Flammable Gases and Flammable Cryogenic Fluids
Chapter 58 Flammable Gases and Flammable Cryogenic Fluids. Adopt Chapter 58 in its entirety as amended by SFM.

Chapter 59
Flammable Solids
Chapter 59 Flammable Solids is adopted in its entirety.

Chapter 60
Highly Toxic and Toxic Materials
Chapter 60 Highly Toxic and Toxic Materials is adopted in its entirety.

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Chapter 61
Liquefied Petroleum Gases
Chapter 61 Liquefied Petroleum Gases is adopted in its entirety.

Chapter 62
Organic Peroxides
Chapter 62 Organic Peroxides is adopted in its entirety.

Chapter 63
Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids Chapter 63 Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids is adopted in its entirety.

Chapter 64
Pyrophoric Materials
Chapter 64 Pyrophoric Materials is adopted in its entirety.

Chapter 65
Pyroxylin (Cellulose Nitrate) Plastics
Chapter 65 Pyroxylin (Cellulose Nitrate) Plastics is adopted in its entirety.

Chapter 66
Unstable (Reactive) Materials
Chapter 66 Unstable (Reactive) Materials is adopted in its entirety.

Chapter 67
Water-Reactive Solids and Liquids
Chapter 67 Water-Reactive Solids and Liquids is adopted in its entirety.

Chapter 80
Referenced Standards
Chapter 80 Referenced Standards is adopted in its entirety with the following amendments:

NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:

Section 16.12.3.3 is hereby revised as follows:

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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 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 installed 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 modifications 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 fire code official.

NFPA 13D 2022 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, 2019 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows:

Section 7.3.1.1 is hereby is deleted in its entirety.

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NFPA 24, 2019 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.

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 amended as follows:

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 less than 40 ft (12 m) from the building (a) For buildings less than 40 ft (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 ft (12 m) 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 40 ft (12 m) from the building
(a) For buildings less than 40 ft (12 m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 ft (12 m) 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 ORDINANCE NO. 1128
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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 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.

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 added as follows:

10.4.3.2. Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.4.3.2.1 through 10.4.3.2.4.

Appendices
Appendix A is deleted in its entirety.

Appendix B is adopted in its entirety.

Appendix BB is adopted in its entirety.

Appendix C is adopted in its entirety.

Appendix CC is adopted in its entirety.

Appendix D is deleted in its entirety.

Appendix E is deleted in its entirety.

Appendix F is deleted in its entirety.

Appendix G is deleted in its entirety.

Appendix H is deleted in its entirety.

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Appendix I is deleted in its entirety.

Appendix J is deleted in its entirety.

Appendix K is deleted in its entirety.

Appendix L is deleted in its entirety.

Appendix M is deleted in its entirety.

Appendix N is deleted in its entirety.

Appendix O is deleted in its entirety.”
SECTION 19: Chapter 17.08 of Title 17 of the Stanton Municipal Code is hereby added to read as follows:
“Chapter 17.08 FIRE CODE

17.08.010 California Fire Code adopted.

The California Fire Code, 2022 Edition, with Appendices B, BB, C and CC, as published by the California Building Standards Commission, is hereby adopted and shall be and become the Fire Code of the City of Stanton.

17.08.020 California Fire Code amended.
“Chapter 1
Scope and Administration
Chapter 1 General Requirements. Adopt Chapter 1 in its entirety, with the following amendments:

Section 112.4.2 Infraction and misdemeanor is hereby added as follows:

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112.4.2 Infraction and misdemeanor. Persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction.

Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative are guilty of a misdemeanor.

Chapter 2
Definitions
Chapter 2 Definitions is adopted in its entirety as amended by SFM with the following amendments:

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

Section 304.1.2 Vegetation is hereby revised as follows:
304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Chapter 49. Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with OCFA Guideline C- ORDINANCE NO. 1128
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05 “Vegetation Management Guideline—Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program.”
Section 305.6 Hazardous Conditions is hereby added as follows:
305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions applies:

1. When predicted sustained winds exceed 8 MPH and relative humidity is less than 25%, or a red flag condition has been declared.

2. When an official sign was caused to be posted by the fire code official, or a public announcement is made.

No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the fire code official.

Section 305.7 Disposal of rubbish is hereby added as follows:
305.7 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1.

Section 307 OPEN BURNING, RECREATIONAL FIRES AND PORTABLE OUTDOOR FIREPLACES is hereby revised as follows:

SECTION 307 OPEN BURNING, RECREATIONAL FIRES, FIRE PITS, FIRE

Exception: Barbeques, grills, and other portable devices intended solely for cooking.

Section 307.6.1 Gas-fueled devices is hereby added as follows:
307.6.1 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 Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and ORDINANCE NO. 1128
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vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet. Where a permanent Building Department 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 as defined in Section 202.

The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures unless within an approved permanent fireplace, Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308.

Exceptions:

1. Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3’ from combustible construction at R3 occupancies,

2. Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies.

Exceptions:

1. Permanent fireplaces that are not located in a fuel modification zone

2. Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire.

Section 324 Fuel Modification Requirements for New Construction is hereby added as follows:

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324 Fuel Modification Requirements for New Construction. All new structures and 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 325 Clearance of brush or vegetation growth from roadways is hereby added as follows:

Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.

Section 326 Unusual Circumstances is hereby added as follows:

1. Difficult terrain.

2. Danger of erosion.

3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county-approved list of wildlife, plants, rare, endangered and/or threatened species.

4. Stands or groves of trees or heritage trees.

5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical.

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Exceptions:

Section 327.1 Use of Equipment and Devices Generating Heat, Sparks or Open Flames is hereby added as follows:
327.1 Equipment and devices generating heat, sparks or open flames. During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forest- or brush-covered land or non-irrigated grass-covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:

4. Keep a cell phone nearby and call 911 immediate in case of fire.

Section 327.2 Spark Arresters is hereby added as follows:

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Chapter 4
Emergency Planning and Preparedness
Chapter 4: Emergency Planning and Preparedness. Adopt only those sections and subsections adopted by SFM with the following amendment.

Chapter 5
Fire Service Features
Chapter 5 Fire Service Features is adopted in its entirety as amended by SFM with the following amendments:

SECTION 501.1 Scope is revised as follows:
501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the fire code official, with OCFA Guideline B-01, “Fire Master Plan for Commercial & Residential Development.” Section 510.1 Emergency responder radio coverage in new buildings is revised as follows:
510.1 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The Emergency Responder Radio Coverage System shall comply with the requirements of the Orange County Sheriff’s Department, Communications and Technology Division, and where the functionality of performance requirements in the California Fire Code are more stringent, this code.

Exceptions:

1. In buildings or structures where it is determined by the fire code official that the radio coverage system is not needed, including but not limited to the following:

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a. Existing buildings or structures, unless required by the Building Official and OCFA for buildings and structures undergoing extensive remodel and/or expansion.
b. Elevators.
c. Structures that meet all of the following:
i. Three stories or less, and
ii. Do not have subterranean storage or parking, and
iii. Do not exceed 50,000 square feet on any single story. d. Structures that meet all of the following:
i. Residential structures four stories or less, and
ii. Constructed of wood, and
iii. Do not have subterranean storage or parking, and
iv. Are not built integral to an above ground multi-story parking structure.

Chapter 6
Building Services and Systems
Chapter 6 Building Services and Systems is adopted in its entirety as amended by SFM.

Chapter 7
Fire and Smoke Protection Features
Chapter 7 Fire and Smoke Protection Features is adopted in its entirety as amended by SFM.

Chapter 8
Interior Finish, Decorative Materials and Furnishings
Chapter 8 Interior Finish, Decorative Materials and Furnishings is adopted in its entirety as amended by SFM.

Chapter 9
Fire Protection and Life Safety Systems
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Chapter 9 Fire Protection and Life Safety Systems is adopted in its entirety as amended by SFM with the following amendments:

New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2., an automatic fire sprinkler 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.

1. Existing Buildings: Notwithstanding any applicable provisions of this code, an automatic fire 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).

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

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

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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:

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 10
Means of Egress
Chapter 10 Means of Egress is adopted in its entirety as amended by SFM.

Chapter 11
Construction Requirements for Existing Buildings
Chapter 11 Construction Requirements for Existing Buildings. Adopt only those sections and subsections adopted by SFM.

Chapter 12
90 100 110 120 130 140 150 PSI 85 80
75 Design %
TABLE 903.3.5.3
Hydraulically Calculated Systems
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Energy Systems
Chapter 12 Energy Systems is adopted in its entirety as amended by SFM.

Chapter 20
Aviation Facilities
Chapter 20 Aviation Facilities is adopted in its entirety.

Chapter 21
Dry Cleaning
Chapter 21 Dry Cleaning is adopted in its entirety as amended by SFM.

Chapter 22
Combustible Dust-Producing Operations
Chapter 22 Combustible Dust-Producing Operations is adopted in its entirety as amended by SFM.

Chapter 23
Motor Fuel-Dispensing Facilities and Repair Garages
Chapter 23 Motor Fuel-Dispensing Facilities and Repair Garages is adopted in its entirety as amended by SFM.

Chapter 24
Flammable Finishes
Chapter 24 Flammable Finishes is adopted in its entirety as amended by SFM.

Chapter 25
Fruit and Crop Ripening
Chapter 25 Fruit and Crop Ripening is not adopted.

Chapter 26
Fumigation and Insecticidal Fogging
Chapter 26 Fumigation and Insecticidal Fogging is not adopted.

Chapter 27
Semiconductor Fabrication Facilities
Chapter 27 Semiconductor Fabrication Facilities is adopted in its entirety.

Chapter 28
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Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities Chapter 28 Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities is adopted in its entirety with the following amendments:

Section 2801.2 Permit is hereby revised as follows:
2801.2 Permit. Permits shall be required as set forth in Section 105.6 and 105.6.29.

Section 2808.3 Size of piles is hereby revised as follows:
2808.3 Size of piles. Piles shall not exceed 15 feet in height, 50 feet in width and 100 feet in length.

Exception: The fire code official is authorized to allow the pile size to be increased where a fire protection plan is provided for approval that includes, but is not limited to, the following:

6. Storage yard areas and materials-handling equipment selection, design and arrangement shall be based upon sound fire prevention and protection principles.

7. Factor that lead to spontaneous heating shall be identified in the plan, and control of the various factors shall be identified and implemented, including provisions for monitoring the internal condition of the pile.

8. The plan shall include means for early fire detection and reporting to the public fire department; and facilities needed by the fire department for fire extinguishment including a water supply and fire hydrants.

9. Fire apparatus access roads around the piles and access roads to the top of the piles shall be established, identified, and maintained.

10. Regular yard inspections by trained personnel shall be included as part of an effective fire prevention maintenance program.

Section 2808.4 Pile Separation is hereby revised as follows:

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2808.4. Pile separation. Piles shall be separated from adjacent piles by a minimum distance of 20 feet. Additionally, piles shall have a minimum separation of 100 feet from combustible vegetation.

Section 2808.9 Material-handling equipment is hereby revised as follows:
2808.9 Material-handling equipment. All material-handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester. Approved material-handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during firefighting operations.

Section 2808.11 Temperature control is hereby added as follows:
2808.11 Temperature control. The temperature shall be monitored and maintained as specified in Sections 2808.11.1 and 2808.11.2.

Section 2808.12 Water availability is hereby added as follows:
2808.12 Water Availability. Facilities with over 2500 cubic feet shall provide a water supply. The minimum fire flow shall be no less than 500 GPM @ 20 psi for a minimum of 1 hour duration for pile heights up to 6 feet and 2-hour duration for pile heights over 6 feet. If there is no water purveyor, an alternate water supply ORDINANCE NO. 1128
PAGE 64 OF 79
with storage tank(s) shall be provided for fire suppression. The water supply tank(s) shall provide a minimum capacity of 2500 gallons per pile (maximum 30,000 gallons) for piles not exceeding 6 feet in height and 5000 gallons per pile (maximum 60,000) for piles exceeding 6 feet in height. Water tank(s) shall not be used for any other purpose unless the required fire flow is left in reserve within the tank at all times. An approved method shall be provided to maintain the required amount of water within the tank(s).

Section 2808.13 Tipping area is hereby added as follows:
2808.13 Tipping areas shall comply with the following:

1. Tipping areas shall not exceed a maximum area of 50 feet by 50 feet.

2. Material within a tipping area shall not exceed 5 feet in height at any time.

3. Tipping areas shall be separated from all piles by a 20-foot-wide fire access lane.

4. A fire hydrant or approved fire water supply outlet shall be located within 150 feet of all points along the perimeter of the tipping area.

5. All material within a tipping area shall be processed within 5 days of receipt.

Section 2808.14 Emergency Contact is hereby added as follows:
2808.14 Emergency Contact. The contact information of a responsible person or persons shall be provided to the Fire Department and shall be posted at the entrance to the facility for responding units. The responsible party should be available to respond to the business in emergency situation.

Push-out areas shall be located within 250 feet of all edges of any pile and shall be located a minimum of 20 feet from any building.

Chapter 29
Manufacture of Organic Coatings
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Chapter 29 Manufacture of Organic Coatings is adopted in its entirety.

Chapter 30
Industrial Ovens
Chapter 30 Industrial Ovens is adopted in its entirety.

Chapter 32
High-Piled Combustible Storage
Chapter 32 High-Piled Combustible Storage is adopted in its entirety as amended by SFM.

Chapter 33
Fire Safety During Construction and Demolition
Chapter 33 Fire Safety During Construction and Demolition is adopted in its entirety.

Chapter 34
Tire Rebuilding and Tire Storage
Chapter 34 Tire Rebuilding and Tire Storage is adopted in its entirety as amended by SFM.

Chapter 35
Welding and Other Hot Work
Chapter 35 Welding and Other Hot Work is adopted in its entirety.

Chapter 36
Marinas
Chapter 36 Marinas is adopted in its entirety.

Chapter 37
Combustible Fibers
Chapter 37 Combustible Fibers is adopted in its entirety.

Chapter 39
Processing and Extraction Facilities
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Chapter 39 Processing and Extraction Facilities is adopted in its entirety.

Chapter 40
Storage of Distilled Spirits and Wines
Chapter 40 Storage of Distilled Spirits and Wines is adopted in its entirety.

Chapter 49
Requirements for Wildland-Urban Interface Fire Areas
Chapter 49 Requirements for Wildland-Urban Interface Fire Areas is adopted in its entirety with the following amendment:

Section 4903.3 Fuel Modification Plans is hereby added as follows:
4903.3 Fuel Modification Plans. Fuel modification plans shall be reviewed and approved by OCFA for all new buildings to be built or installed in a wildfire risk area. Plans shall meet the criteria set forth in OCFA Guideline C-05 “Vegetation Management Guideline – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.”
Chapter 50
Hazardous Materials – General Provisions
Chapter 50 Hazardous Materials – General Provisions is adopted in its entirety as amended by SFM with the following amendments.

Section 5003.1.1.1 Extremely Hazardous Substances is hereby added as follows:

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5003.1.1.1 Extremely Hazardous Substances. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts (see Health and Safety Code Section 25500 et al) in a residential zoned or any residentially developed property.

Chapter 51
Aerosols
Chapter 51 Aerosols is adopted in its entirety.

Chapter 53
Compressed Gases
Chapter 53 Compressed Gases is adopted in its entirety.

Chapter 54
Corrosive Materials
Chapter 54 Corrosive materials is adopted in its entirety as amended by SFM.

Chapter 55
Cryogenic Fluids
Chapter 55 Cryogenic Fluids is adopted in its entirety.

Chapter 56
Explosives and Fireworks
Chapter 56 Explosives and Fireworks is adopted in its entirety as amended by SFM with the following amendments:

Section 5608.2 Firing is hereby added as follows:
5608.2 Firing. All fireworks display, regardless of mortar, device, or shell size, shall be electrically fired.

Section 5608.3 Application for Permit is hereby added as follows:

ORDINANCE NO. 1128
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Chapter 57
Flammable and Combustible Liquids
Chapter 57 Flammable and Combustible Liquids. Adopt Chapter 57, as adopted and amended by SFM.

Chapter 58
Flammable Gases and Flammable Cryogenic Fluids
Chapter 58 Flammable Gases and Flammable Cryogenic Fluids. Adopt Chapter 58 in its entirety as amended by SFM.

Chapter 59
Flammable Solids
Chapter 59 Flammable Solids is adopted in its entirety.

Chapter 60
Highly Toxic and Toxic Materials
Chapter 60 Highly Toxic and Toxic Materials is adopted in its entirety.

Chapter 61
Liquefied Petroleum Gases
Chapter 61 Liquefied Petroleum Gases is adopted in its entirety.

Chapter 62
Organic Peroxides
Chapter 62 Organic Peroxides is adopted in its entirety.

Chapter 63
Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids Chapter 63 Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids is adopted in its entirety.

Chapter 64
Pyrophoric Materials
Chapter 64 Pyrophoric Materials is adopted in its entirety.

Chapter 65
Pyroxylin (Cellulose Nitrate) Plastics
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Chapter 65 Pyroxylin (Cellulose Nitrate) Plastics is adopted in its entirety.

Chapter 66
Unstable (Reactive) Materials
Chapter 66 Unstable (Reactive) Materials is adopted in its entirety.

Chapter 67
Water-Reactive Solids and Liquids
Chapter 67 Water-Reactive Solids and Liquids is adopted in its entirety.

Chapter 80
Referenced Standards
Chapter 80 Referenced Standards is adopted in its entirety with the following amendments:

NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:

Section 16.12.3.3 is hereby revised as follows:

Section 9.4.3.1 is hereby revised as follows:

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
ORDINANCE NO. 1128
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5. Standard-response sprinklers used for modifications 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 fire code official.

NFPA 13D 2022 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, 2019 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows:

Section 7.3.1.1 is hereby is deleted in its entirety.

NFPA 24, 2019 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.

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 amended as follows:

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 less than 40 ft (12 m) from the building (a) For buildings less than 40 ft (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 ft (12 m) but at least ORDINANCE NO. 1128
PAGE 71 OF 79
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

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 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.

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 added as follows:

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Appendices
Appendix A is deleted in its entirety.

Appendix B is adopted in its entirety.

Appendix BB is adopted in its entirety.

Appendix C is adopted in its entirety.

Appendix CC is adopted in its entirety.

Appendix D is deleted in its entirety.

Appendix E is deleted in its entirety.

Appendix F is deleted in its entirety.

Appendix G is deleted in its entirety.

Appendix H is deleted in its entirety.

Appendix I is deleted in its entirety.

Appendix J is deleted in its entirety.

Appendix K is deleted in its entirety.

Appendix L is deleted in its entirety.

Appendix M is deleted in its entirety.

Appendix N is deleted in its entirety.

Appendix O is deleted in its entirety.”
SECTION 20: The City Council hereby finds, determines, and declares as follows:

The following findings apply in the City of Stanton and explain why the changes to the Building Standards Code are necessary because of climatic, geological, and/or topographical conditions in the City.

I. Climatic Conditions
A. Stanton is located in a semi-arid, Mediterranean-type climate. It annually experiences extended periods of high temperatures with little or no precipitation.

Hot, dry (Santa Ana) winds, which may reach speeds of 70 M.P.H. or greater, are ORDINANCE NO. 1128
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also common to the area. These climatic conditions cause extreme drying of vegetation and common building materials. Frequent periods of drought and low humidity add to the fire danger. This predisposes the area to large destructive fires (conflagration). In addition to directly damaging or destroying buildings, these fires are also prone to disrupt utility services throughout the County. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles will greatly impact the response time to reach an incident scene. Lastly, the warm climate encourages the proliferation of swimming pool construction which makes modifications to the California Building Code related to swimming pools desirable to adequately protect small children from drowning hazards.

B. The climate alternates between extended periods of drought and brief flooding conditions. Flood conditions may affect the Orange County Fire Authority’s ability to respond to a fire or emergency condition. Floods also disrupt utility services to buildings and facilities within the County.

C. Water demand in this densely populated area far exceeds the quantity supplied by natural precipitation; and although the population continues to grow, the alreadytaxed water supply does not. California is projected to increase in population by nearly 10 million over the next quarter of a century with 50 percent of that growth centered in Southern California. Due to storage capacities and consumption, and a limited amount of rainfall future water allocation is not fully dependable. This necessitates the need for additional and on-site fire protection features.

D. These dry climatic conditions and winds contribute to the rapid spread of even small fires originating in high-density housing or vegetation. These fires spread very quickly and create a need for increased levels of fire protection. The added protection of fire sprinkler systems and other fire protection features will supplement normal fire department response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. Fire sprinkler systems will also reduce the use of water for firefighting by as much as 50 to 75 percent.

II. Topographical conditions

A. The topography of Stanton is generally considered a flatlands area with little to no topographical slopes. The flat land developments however does require special drainage precautions in order to address site drainage to prevent water ponding and flooding, as well as preserve historical water ways.

B. Traffic and circulation congestion is an artificially created, obstructive topographical condition, which is common throughout Orange County.

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C. These topographical conditions combine to create a situation that places fire department response time to fire occurrences at risk and makes it necessary to provide automatic on-site fire-extinguishing systems and other protection measures to protect occupants and property.

III. Geological Conditions
The Orange County region is a densely populated area that has buildings constructed over and near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size than the 1994 Northridge and the 1971 Sylmar earthquakes. Earthquake faults run along the northeast and southwest boundaries of Orange County. The Newport-Inglewood Fault, located within Orange County was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude) which took 120 lives and damaged buildings in an area from Laguna Beach to Marina Del Rey to Whittier. In December 1989, another earthquake occurred in the jurisdiction of Irvine at an unknown fault line. Regional planning for reoccurrence of earthquakes is recommended by the state of California, Department of Conservation.

A. Previous earthquakes have been accompanied by disruption of traffic flow and fires. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create obstacles similar to those indicated under the high wind section above. The October 17, 1989, Santa Cruz earthquake resulted in one major fire in the Marina District (San Francisco). When combined with the 34 other fires locally and over 500 responses, the department was taxed to its fullest capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. This situation creates the need for both additional fire protection and automatic on-site fire protection for building occupants. State Department of Conservation noted in their 1988 report (Planning Scenario on a Major Earthquake on the Newport-Inglewood Fault Zone, page 59), “unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe.” B. Road circulation features located throughout the County also make amendments reasonably necessary. Located through the County are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, street and storm drain design, accompanied by occasional heavy rainfall, causes roadway flooding and landslides and at times may make an emergency access route impassable. There are areas in Orange County that naturally have extended emergency response times that exceed the 5 minute goal.

C. Soils throughout the County possess corrosive properties that reduce the expected usable life of water services when metallic pipes are in contact with soils.

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D. Portions of the County contain active or former oil production fields. These areas contain a variety of naturally occurring gasses, liquids and vapors. These compounds present toxicity or flammability hazards to building occupants. Evaluation of these hazards and the risks they pose to development is necessary for implementation of appropriate mitigation.

These local climatic, geologic, and topographic conditions make modifications and changes to the 2022 Edition of the California Codes reasonably necessary to provide sufficient and effective protection of life, health and property. Due to the topographical conditions of sprawling development separated by waterways and narrow and congested streets and the expected infrastructure damage inherent in seismic zone described above, it is prudent to rely on automatic fire sprinkler systems to mitigate extended fire department response time and keep fires manageable with reduced fire flow (water) requirements for a given structures. Additional fire protection is also justified to match the current resources of firefighting equipment and personnel within the Orange County Fire Authority.

IV. Specific Code Amendment Findings
Amendments to the 2022 Edition of the California Building Code (CBC), California Residential Code (CRC), California Electrical Code (CEC) and California Fire Code (CFC) are found reasonably necessary based on the climatic and/or geologic conditions cited above or administrative and are listed as follows:

CODE SECTION TITLE (Clarification) FINDINGS
CBC 104.8 Liability Administrative
CBC 105.2 Work exempt from a permit Administrative
CBC 105.5 Expiration Administrative
CBC 105.8 Reconstruction Administrative
CBC 113.1 General Administrative
CBC 113.3 Qualifications Administrative
CBC 202 Definitions Administrative
CBC 903.2 Where required I & II
CBC 903.3.5.3 Hydraulically calculated systems I & II
CBC 1505.1.3 Roof coverings within all other areas I
CBC 1803.1.1.1 Geologic or geotechnical reports III
CBC 1807.1.6 Prescriptive design of concrete and masonry foundation walls
III
CBC 3109.1.1 Construction permit; safety features required I CRC R105.5 Expiration Administrative
CRC R105.10 Reconstruction Administrative
CRC Table R301.2(1) Climatic and Geographic Design Criteria I & III CRC R309.6 Fire sprinkler attached garages, and carports with habitable space above
I & II
CRC R313.1 Townhouse automatic fire sprinkler systems I & II CRC R313.2 One- and two-family dwellings automatic fire sprinkler systems
I & II
CRC R313.3.6.2.2 Calculation procedure I & II
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CRC R902.1 Roof covering materials I
CRC R902.1.3 Roof coverings in all other areas I
CRC R902.2 Fire-retardant-treated shingles and shakes I CRC R1001.13 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices I CRC R101.13.1 Gas-fueled devices I
CRC R1001.13.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas
I
CEC 310.16 Continuous Inspection of Aluminum Wiring I
CODE SECTION TITLE (Clarification) FINDINGS
CFC 110.4 Violation penalties Administrative
CFC 110.4.2 Infraction & Misdemeanor Administrative
CFC 202 General definitions Administrative
CFC 304.1.2 OCFA Vegetation Management I
CFC 305.6 Hazardous conditions I & II
CFC 305.7 Disposal of rubbish I & II
CFC 307 Fire Pits, Fire Rings, & Outdoor Fireplaces Administrative CFC 307.6.1 Gas-fueled devices I & II
CFC 307.6.2 Devices using wood or fuels other than natural gas or LPG
I & II
CFC 307.6.2.1 Where prohibited I & II
CFC 308.1.6.3 Sky lanterns I & II
CFC 309.2.1 Indoor charging of electric cars Administrative CFC 320 Fuel modification requirements for new construction I CFC 322 Clearance of brush or vegetation growth from roadways I CFC 323 Unusual circumstances Administrative
CFC 324 Use of equipment I
CFC 324.1 Use of equipment and devices generating heat, sparks or open flames
I & II
CFC 324.2 Spark arrestors I & II
CFC 407.5 Hazardous material inventory statement I & II CFC 501.1 Scope Administrative, I, II & III
CFC 510.1 Emergency responder radio coverage Administrative CFC 510.4.2.2 Technical Criteria Administrative
CFC 510.5.1 Approval prior to installation Administrative CFC 510.5.2 Minimum qualification of personnel Administrative CFC 510.5.3 Acceptance test procedure Administrative
CFC 510.6.1 Testing and proof of compliance Administrative CFC 903.2 Where required (Sprinklers) I, II & III
CFC 903.2.8 Group R (Sprinklers) I, II & III
CFC 903.3.5.3 Hydraulically calculated systems I & II
CFC 1201.1.1 Other Systems I
CFC 2801.2 Permit Administrative
CFC 2808.2 Storage site Administrative
CFC 2808.3 Size of piles I
CFC 2808.4 Pile separation I
CFC 2808.7 Pile fire protection I
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SECTION 21: CEQA. This Ordinance is not a project within the meaning of CEQA Guidelines section 15378 because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under section 15061(b)(3), that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Orange in accordance with CEQA Guidelines.

SECTION 22: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

CFC 2808.9 Material-handling equipment I
CFC 2808.11 Temperature control I
CFC 2808.11.1 Pile temperature control I
CODE SECTION TITLE (Clarification) FINDINGS
CFC 2808.11.2 New material temperature control I
CFC 2808.12 Water availability for piles I
CFC 2808.13 Tipping area I
CFC 2808.14 Emergency contact Administrative
CFC 4906.3 OCFA Vegetation Management Guideline I
CFC 4908 Fuel modification requirements for new construction I CFC 5001.5.2 Hazardous materials inventory statement Administrative CFC 5003.1.1.1 Extremely hazardous substances I & III
CFC 5608.2 Retail fireworks Administrative
CFC 5608.3 Application for permit Administrative
CFC 5701.1.1 Mobile Fueling I & II
CFC 5801.1 Scope I & II
Chapter 80 Reference Standards N/A
2016 NFPA 13 (Sprinkler Systems) Administrative, II & III 2016 NFPA 13-D (Single Family Sprinkler Systems) I & II 2013 NFPA 14 (Standpipe Systems) Administrative
2016 NFPA 24 (Underground Water Supply Systems) Administrative & III ORDINANCE NO. 1128
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SECTION 23: The City Clerk shall certify to the adoption of this Ordinance and cause same to be posted in the three (3) designated posting places within the City of Stanton within fifteen (15) days after its passage.

PASSED, APPROVED, AND ADOPTED this 14th day of February, 2023.

DAVID J. SHAWVER, MAYOR
ATTEST:

PATRICIA A. VAZQUEZ, CITY CLERK

APPROVED AS TO FORM

HONGDAO NGUYEN, CITY ATTORNEY
ORDINANCE NO. 1128
PAGE 79 OF 79

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.

CITY OF STANTON )
I, Patricia A. Vazquez, City Clerk of the City of Stanton, California, do hereby certify that the foregoing Ordinance No. 1128 was introduced at a regular meeting of the City Council of the City of Stanton, California, held on the 24th day of January, 2023 and was duly adopted at a regular meeting of the City Council held on the 14th day of February, 2023, by the following roll-call vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

CITY CLERK, CITY OF STANTON
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: February 14, 2023
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, AMENDING SECTION 20.400.330 OF THE STANTON

MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS

AND JUNIOR ACCESSORY DWELLING UNITS TO ENSURE

CONSISTENCY WITH STATE REGULATIONS AND FINDING THE

ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
REPORT IN BRIEF:

In September 2022, the California Legislature approved, and the Governor signed into law, a new bill (“SB 897”) that further amends Government Code sections 65852.2 and 65852.22—the state statutes regulating accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”), respectively. SB 897 went into effect on January 1, 2023. If the City’s ADU ordinance does not comply with state law, then its entire ADU ordinance becomes null and void as a matter of law. The attached ordinance updates the City’s ADU ordinance to comply with SB 897.

RECOMMENDED ACTION:

1. City Council conduct a public hearing; and

2. City Council find the proposed project exempt from the California Environmental Quality Act (CEQA) under California Public Resources Code Section 21080.17, which exempts the adoption of an accessory dwelling unit ordinance to implement the provisions of Section 65852.2 of the California Government Code; and

3. Introduce for first reading Ordinance No. 1127, in accordance with California Government Code Title 5, Division 1, Part 1, as published by the Building Standards Bulletin 22-02, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, AMENDING SECTION 20.400.330 OF THE STANTON

MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS AND

JUNIOR ACCESSORY DWELLING UNITS TO ENSURE CONSISTENCY

WITH STATE REGULATIONS AND FINDING THE ACTION TO BE
EXEMPT FROM CEQA”; and
Item: 10B
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2 4. Set said Ordinance No. 1127 for a public hearing and second reading at the regular City Council meeting of February 28, 2023.

BACKGROUND:

In recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that impose limits on local authority to regulate ADUs and JADUs. These bills include:
1) Assembly Bills 68 and 881 and Senate Bill 13, which went into effect on January 1, 2020;
2) Assembly Bill 3182, which went into effect on January 1, 2021; and 3) Assembly Bill 345, which went into effect on January 1, 2022.

The City Council previously adopted Ordinance Nos. 1097, 1108, and 1114 to comply with the legislation.

In September 2022, the California Legislature approved, and the Governor signed into law, a new bill (“SB 897”) that further amends Government Code sections 65852.2 and 65852.22. Among other things, SB 897:
• Requires the City to allow certain ADUs to be higher—up to 18 or 25 feet, depending on the situation;
• Requires the City’s existing front yard setback requirement to yield for certain ADUs;
• Requires the City to justify a denial with a full set of detailed comments describing the deficiencies in the application and explaining how to remedy them; • Removes the automatic repeal in 2025 (now the ADU statute is permanent); • Prohibits the City from denying an application to create an ADU solely because corrections are needed to address nonconforming zoning conditions, building code violations, or unpermitted structures elsewhere on the lot that do not present a threat to public health and safety and are not affected by the construction of the ADU;
• In instances where a JADU will share a bathroom with the primary dwelling, the City must require the JADU to have an interior entry to the primary dwelling’s “main living area,” independent of the exterior entrances of the JADU and primary dwelling.
3 On November 22, 2022, Urgency Ordinance No. 1123 was adopted by City Council as an urgency measure to ensure compliance with State law by January 1, 2023. The adopted urgency ordinance served as an interim ordinance while staff processed a nonurgency ordinance to be considered by the Planning Commission before returning to the City Council for adoption. On January 18, 2023, the Planning Commission approved (5- 0 in favor) Resolution No. 2557, recommending the City Council approve Zoning Text Amendment No. 23-01 to modify Section 20.400.330 of the Stanton Municipal Code (SMC) regarding accessory dwelling units and junior accessory dwellings.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ENVIRONMENTAL IMPACT:

Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22.

Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law.

PUBLIC NOTIFICATION:

Public notice was made through the regular agenda process.

STRATEGIC PLAN:

Obj. No. 5: Provide a high quality of life.

Obj. No. 6: Maintain and promote a responsive, high quality and transparent government.

Prepared by: Patricia Garcia, Assistant Planner
Reviewed by: Maribeth Tinio, Acting Community and Economic Development Director Approved by: Hannah Shin-Heydorn, City Manager
Attachments:

A. Ordinance No. 1127
B. Redline – Section 20.400.330
ORDINANCE NO. 1127
PAGE 1 OF 16
ORDINANCE NO. 1127

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, AMENDING SECTION 20.400.330 OF THE STANTON MUNICIPAL CODE

REGARDING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS TO ENSURE CONSISTENCY WITH STATE REGULATIONS WHEREAS, on October 9, 2019, Governor Gavin Newsom signed Senate Bill (“SB”) 13, Assembly Bill (“AB”) 68, and AB 881 into law, which amended Government Code sections 65852.2 and 65852.22 and added Health and Safety Code section 17980.12. Collectively, these bills established new Statewide requirements for the development and use of accessory dwelling units (“ADUs”) and junior accessory dwelling units (at times herein referred to as “Junior ADUs,” and at others generally as “ADU”). Thereafter, AB 3182 further amended California Government Code section 65852.2’s ADU and JADU standards; and
WHEREAS, in response to these changes in state law, the City adopted Ordinance 1108 to amend and update Stanton Municipal Code Section 20.400.330 (Accessory Dwelling Units). As permitted under state law, Ordinance No. 1108 included, among other things, objective standards pertaining to the size, location, height, and architecture of ADUs in the City; and
WHEREAS, on September 28, 2022, Governor Gavin Newsom signed Senate Bill (“SB”) 897 into law, which further amended Government Code sections 65852.2 and 65852.22, added section 65852.23, and amended Health and Safety Code section 17980.12. This bill established new Statewide requirements for the development of ADUs and JADUs; and
WHEREAS, City staff has determined that further amendments and revisions to the City’s regulation of ADUs and JADUs are necessary and appropriate to comply with state law, add additional clarity, and protect the health, safety, and welfare of the community; and WHEREAS, staff and the City Attorney prepared the proposed Ordinance, including the proposed language and terminology, and any additional information and documents deemed necessary for the Planning Commission to take action; and WHEREAS, on January 18, 2023, the Planning Commission conducted and concluded a duly noticed public hearing concerning the Zoning Text Amendment contained herein as required by law and received testimony from City staff and all interested parties regarding the proposed amendments and recommended that the City Council adopt the amendments; and
Attachment: A
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ORDINANCE NO. 1127
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WHEREAS, on February 14, 2023, the City Council conducted and concluded a duly noticed public hearing concerning the Municipal Code amendments contained herein as required by law and received testimony from City staff and all interested parties regarding the proposed amendments; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON DOES ORDAIN AS FOLLOWS:

Incorporation of Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Amendment to SMC Section 20.400.330. The City Council of the City of hereby amends Stanton Code Title 20, Zoning, Section 20.400.330, Accessory Dwelling Units, and restates it to read as follows:

Section 20.400.330 Accessory Dwelling Units
A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code sections 65852.2 and 65852.22.

B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:

1. Deemed to be inconsistent with the City’s General Plan and zoning designation for the lot on which the ADU or JADU is located.

2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

3. Considered in the application of any local ordinance, policy, or program to limit residential growth.

4. Required to correct a nonconforming zoning condition, as defined in subsection C(7) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.

C. Definitions. As used in this section, terms are defined as follows:

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a. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
b. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

2. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. Refer to Section 20.700.070.

3. “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

4. “Efficiency kitchen” means a kitchen that includes all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

5. “Junior accessory dwelling unit” or “JADU” means a residential unit that all of the following:
a. It is no more than 500 square feet in size.
b. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the singlefamily structure. c. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure. d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling. e. It includes an efficiency kitchen, as defined in subsection C(4) above.

6. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

7. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.

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8. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

9. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

10. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

11. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

D. Approvals. The following approvals apply to ADUs and JADUs under this section:

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ii. The total floor area is 800 square feet or smaller. iii. The peak height above grade does not exceed the applicable height limit provided in subsection E(2) below.
c. Converted on Multifamily Lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection D(1)(c), at least one converted ADU is allowed within an existing multifamily dwelling, and up to a quantity equal to 25 percent of the existing multifamily dwelling units.
d. Limited Detached on Multifamily Lot. No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies the following limitations:
i. The side- and rear-yard setbacks are at least four-feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU.
ii. The peak height above grade does not exceed the applicable height limit provided in subsection E(2) below.

2. ADU Permit.
a. Except as allowed under subsection (D)(1) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections E and F below. b. The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City’s ADU ordinance. The ADU-permit processing fee is determined by the Director and approved by the City Council by resolution.

3. Process and Timing.
a. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.

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b. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application, the application is deemed approved unless either:
i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or ii. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
c. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection D(3)(b) above.
d. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections D(1) or D(2) above:

1. Location.
a. An ADU or JADU subject only to a building permit under subsection D(1) above may be created on a lot in a residential or mixed-use zone.
b. An ADU or JADU subject to an ADU permit under subsection D(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

2. Height.
a. Except as otherwise provided by subsections E(2)(b) and E(2)(c) below, a detached ADU created on a lot with an existing or proposed ORDINANCE NO. 1127
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single family or multifamily dwelling unit may not exceed 16 feet in height.
b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower.

Notwithstanding the foregoing, ADUs subject to this subsection E(2)(d) may not exceed two stories.
e. For purposes of this subsection E(2), height is measured above existing legal grade to the peak of the structure.

3. Fire Sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing dwelling.

4. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

5. No Separate Conveyance. Subject to Government Code Section 65852.26, an ADU or JADU may be rented long-term, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

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6. Septic System. If the ADU or JADU will connect to an onsite watertreatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

7. Owner Occupancy.
a. An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement. b. Unless applicable law requires otherwise, all ADUs that are created on or after January 1, 2025, are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence.
c. As required by state law, all JADUs are subject to an owneroccupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

8. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
a. Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.
b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine ORDINANCE NO. 1127
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whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
e. The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

9. Building & Safety.
a. Must comply with building code. Subject to subsection E(9)(b) below, all ADUs and JADUs must comply with all local building code requirements.
b. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection E(9)(b) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for
nonresidential use and was subsequently converted for residential use in accordance with this section.

F. Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection D(2) above.

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b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
c. Application of other development standards in this subsection F, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection F(1)(b) above or of an FAR, lot coverage, front setback, or openspace requirement may require the ADU to be less than 800 square feet.

2. Floor Area Ratio (FAR). No ADU subject to this subsection F may cause the total FAR of the lot to exceed, subject to subsection F(1)(c) above:

FAR/Target Range General
GLMX
North Gateway
NGMX
South Gateway
SGMX
Target Density
Range
Density range for residential uses expressed as dwelling units per NET acre.

Residential Uses 25 - 45 du/ac 25 - 45 du/ac 30 - 60 du/ac Target Intensity
Range Floor area ratio (FAR) for nonresidential uses
Nonresidential Uses
(1)

1.0 - 2.0 1.0 - 2.0 1.5 - 3.0

3. Lot Coverage. No ADU subject to this subsection F may cause the total lot coverage of the lot to exceed the following coverage, subject to subsection F(1)(c) above.

Lot Coverage RE RL RM RH
Interior Lot 30% 40% 50% 65%
Corner Lot 35% 45% 50% 65%

4. Impervious surface coverage. Maximum percentage of the total gross lot area that may be covered by structures and impervious surfaces shall not exceed 70 percent, subject to subsection F(1)(c) above.

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5. Setbacks.
a. Front-yard setback.
i. Subject to subsection F(5)(a)(ii), no part of any ADU subject to this subsection F may be located within 25 feet of the front property line.
ii. If the front yard setback is the only location on the lot where an ADU may be lawfully constructed, then the ADU may
encroach into the required front yard setback as necessary to enable the construction of an 800 square foot unit.
b. An ADU that is subject to this subsection F must conform to 4-foot side-and rear-yard setbacks.
c. No setback is required for an ADU that is subject to this subsection F if the ADU is constructed in the same location and to the same dimensions as an existing structure.

6. Passageway. No passageway, as defined by subsection C(8) above, is required for an ADU.

7. Parking.
a. Generally. One off-street parking space is required for each ADU.

The parking space may be provided in setback areas or as tandem parking, as defined by subsection C(11) above.
b. Exceptions. No parking under subsection F(7)(a) is required in the following situations:
i. The ADU is located within one-half mile walking distance of public transit, as defined in subsection C(10) above.
ii. The ADU is located within an architecturally and historically significant historic district.
iii. The ADU is part of the proposed or existing primary residence (single-family converted ADUs, not multifamily converted) or an accessory structure under subsection D(1)(a) above.
iv. When on-street parking permits are required but not offered to the occupant of the ADU.

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v. When there is an established car share vehicle stop located within one block of the ADU.
vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections F(7)(b)(i) through F(7)(b)(v) above.
c. No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

8. Architectural Requirements.
a. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
c. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
e. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.

G. Fees. The following requirements apply to all ADUs that are approved under subsections D(1) or D(2) above.

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b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling.)

2. Utility Fees.
a. If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.

b. Except as described in subsection G(2)(a), converted ADUs on a single-family lot, created under subsection D(1)(a) above, are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required unless the ADU is constructed with a new single-family home.
c. Except as described in subsection G(2)(a), all ADUs not covered by subsection G(2)(b) above require a new, separate utility connection directly between the ADU and the utility.
i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainagefixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
ii. The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.

H. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

1. Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

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i. The ADU violates applicable building standards, or
ii. The ADU does not comply with the state ADU law
(Government Code section 65852.2) or this ADU ordinance (section 20.400.330).
b. Exceptions.
i. Notwithstanding subsection H(2)(a) above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure. ii. Subsection H(2)(a) above does not apply to a building that is deemed to be substandard in accordance with California
Health and Safety Code section 17920.3.

I. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections A though H(2) of this section may be allowed by the City with a use permit, in accordance with Chapter 20.550.

J. Restricted Areas. ADUs or JADUs shall not be allowed where roadways, public utilities and services are inadequate with reference to objective and published thresholds established by the utility or service provider. To ensure access by public safety vehicles, an ADU may not be located on a lot that fronts a roadway that is narrower than the minimum road width standards established by the Orange County Fire Authority’s Master Plans for Commercial and Residential Development (as the same may be amended from time to time), unless: (a) one on-site parking space is provided for each bedroom included in the ADU; and (b) replacement on-site parking spaces are provided for any parking spaces that are lost or converted to accommodate the ADU.

Effect of Restatement. All restated, unamended provisions of the Stanton Municipal Code that are repeated herein are repeated only to aid decision makers and the public in understanding the effect of the proposed changes. Restatement of existing provisions does not constitute a new enactment.

Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance, and, to that end, the provisions hereof are severable. The City Council of the City of Stanton declares that it would have adopted all the provisions of this Ordinance that remain valid if any provisions of this ordinance are declared invalid.

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CEQA. The City Council determines that the adoption of this Ordinance is exempt from additional environmental review under California Public Resources Code Section 21080.17, which exempts the adoption of an accessory dwelling unit ordinance to implement the provisions of Section 65852.2 of the California Government Code.

Adoption, Certification, and Publication. The City Clerk of the City of Stanton shall certify the passage and adoption of this Ordinance and shall cause the same, or a summary thereof, to be published and/or posted in the manner required by law. This Ordinance shall take effect 30 days after its adoption.

SECTION 7. SUBMISSION TO HCD. The City Clerk shall submit a copy of this Ordinance to the Department of Housing and Community Development within 60 days after adoption.

PASSED, APPROVED, AND ADOPTED this 28th day of February, 2023.

DAVID J. SHAWVER, MAYOR
ATTEST:

PATRICIA A. VAZQUEZ, CITY CLERK
APPROVED AS TO FORM:

HONGDAO NGUYEN, CITY ATTORNEY
ORDINANCE NO. 1127
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS .

CITY OF STANTON )
I, Patricia A. Vazquez, City Clerk of the City of Stanton, California, do hereby certify that the foregoing Ordinance No. 1127 was introduced at a regular meeting of the City Council of the City of Stanton, California, held on the 14th day of February, 2023 and was duly adopted at a regular meeting of the City Council held on the 28th day of February, 2023, by the following roll-call vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
_____________________________

CITY CLERK, CITY OF STANTON
Section 20.400.330 Accessory Dwelling Units
A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code sections 65852.2 and 65852.22.

B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:

1. Deemed to be inconsistent with the City’s General Plan and zoning designation for the lot on which the ADU or JADU is located.

2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

3. Considered in the application of any local ordinance, policy, or program to limit residential growth.

C. Definitions. As used in this section, terms are defined as follows:

1. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
b. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

2. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. Refer to Section 20.700.070.

4. “Efficiency kitchen” means a kitchen that includes eachall of the following:
a. A cooking facility with appliances.
b. A food preparation counter or counters that total at least 15 square Attachment: B
Click here to return to the agenda.
feet in areaand storage cabinets that are of a reasonable size in relation to the size of the JADU.
c. Food storage cabinets that total at least 30 square feet of shelf space.

5. “Junior accessory dwelling unit” or “JADU” means a residential unit that all of the following:
a. It is no more than 500 square feet in size,.
b. It is contained entirely within an existing or proposed single-family structure, . An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.
c. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure, and. d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling. e. d. It includes an efficiency kitchen, as defined in subsection C(4) above.

6. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

7. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.

8. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

9. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

11. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

D. Approvals. The following approvals apply to ADUs and JADUs under this section:

1. Building-permit Only. If an ADU or JADU complies with each of the general requirements in subsection E below, it is allowed with only a building permit in the following scenarios:
a. Converted on Single-family Lot: One ADU as described in this subsection D(1)(Aa) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
ii. Has exterior access that is independent of that for the singlefamily dwelling; and iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes; and
iv. The JADU complies with all the requirements of Gov. Code section 65852.22.
b. Limited Detached on Single-Family Lot. One detached, newconstruction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection D(1)(Aa) above), if the detached ADU satisfies the following limitations:
i. The side- and rear-yard setbacks are at least four-feet. ii. The total floor area is 800 square feet or smaller. iii. The peak height above grade is 16 feet or lessdoes not exceed the applicable height limit provided in subsection E(2) below.
c. Converted on Multifamily Lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection D(1)(Cc), at least one converted ADU is allowed within an existing multifamily dwelling, and up to a quantity equal to 25 percent of the existing multifamily dwelling units.
d. Limited Detached on Multifamily Lot. No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies the following limitations:
i. The side- and rear-yard setbacks are at least four-feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU.
ii. The peak height above grade is 16 feet or lessdoes not exceed the applicable height limit provided in subsection E(2) below.

3. Process and Timing.
a. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
b. The City must act onapprove or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City doeshas not act uponapproved or denied the completed application within 60 days, the application is deemed approved unless either:
i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or ii. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
c. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection D(3)(b) above.
d. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections D(1) or D(2) above:

2. Height.
a. Except as otherwise provided by subsections E(2)(b) and E(2)(c) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.
b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower.

3. 2. Fire Sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing dwelling.

4. 3. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

5. 4. No Separate Conveyance. Subject to Government Code Section 65852.26, an ADU or JADU may be rented long-term, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

6. 5. Septic System. If the ADU or JADU will connect to an onsite watertreatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

7. 6. Owner Occupancy.
a. All ADUs created before January 1, 2020, are subject to the owneroccupancy requirement that was in place when the ADU was created.
a. b. An ADU that is createdpermitted after that dateJanuary 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement.
b. c. AllUnless applicable law requires otherwise, all ADUs that are created on or after January 1, 2025, are subject to an owner- occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence.
c. d. AllAs required by state law, all JADUs are subject to an owneroccupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

8. 7. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
a. TheExcept as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.
b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
e. The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

F. Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection D(2) above.

1. Maximum Size.
a. The maximum size of a detached or attached ADU subject to this subsection F is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms. b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
c. Application of other development standards in this subsection F, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection F(1)(b) above or of an FAR, lot coverage, front setback, or openspace requirementsrequirement may require the ADU to be less than 800 square feet.

2. Floor Area Ratio (FAR). No ADU subject to this subsection F may cause the total FAR of the lot to exceed, subject to subsection F(1)(Cc) above:

FAR/Target Range General
GLMX
North Gateway
NGMX
South Gateway
SGMX
Target Density
Range
Density range for residential uses expressed as dwelling units per NET acre.

Residential Uses 25 - 45 du/ac 25 - 45 du/ac 30 - 60 du/ac Target Intensity
Range Floor area ratio (FAR) for nonresidential uses
Nonresidential
Uses (1)

1.0 - 2.0 1.0 - 2.0 1.5 - 3.0

3. Lot Coverage. No ADU subject to this subsection F may cause the total lot coverage of the lot to exceed the following coverage, subject to subsection F(1)(Cc) above.

Lot Coverage RE RL RM RH
Interior Lot 30% 40% 50% 65%
Corner Lot 35% 45% 50% 65%

5. Height. No ADU subject to this subsection F may exceed 16 feet in height above grade, measured to the peak of the structure.

5. 6. Setbacks.
a. An ADU that is subject to this subsection F must conform to a 25-foot front-yard setback.
a. Front-yard setback.
i. Subject to subsection F(5)(a)(ii), no part of any ADU subject to this subsection F may be located within 25 feet of the front property line.
ii. If the front yard setback is the only location on the lot where an ADU may be lawfully constructed, then the ADU may
encroach into the required front yard setback as necessary to enable the construction of an 800 square foot unit.
b. An ADU that is subject to this subsection F must conform to 4-foot side-and rear-yard setbacks.
c. No setback is required for an ADU that is subject to this subsection F if the ADU is constructed in the same location and to the same dimensions as an existing structure.

6. 7. Passageway. No passageway, as defined by subsection C(8) above, is required for an ADU.

7. 8. Parking.
a. Generally. One off-street parking space is required for each ADU.

The parking space may be provided in setback areas or as tandem parking, as defined by subsection C(11) above.
b. Exceptions. No parking under subsection F(87)(Aa) is required in the following situations:
i. The ADU is located within one-half mile walking distance of public transit, as defined in subsection C(10) above.
ii. The ADU is located within an architecturally and historically significant historic district.
iii. The ADU is part of the proposed or existing primary residence (single-family converted ADUs, not multifamily converted) or an accessory structure under subsection D(1)(Aa) above. iv. When on-street parking permits are required but not offered to the occupant of the ADU.
v. When there is an established car share vehicle stop located within one block of the ADU.
vi. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections F(7)(b)(i) through F(7)(b)(v) above.
c. No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

8. 9. Architectural Requirements.
a. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
c. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling. The ADU entrance must be located on the side or rear building façade, not facing a public-right-of-way. e. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet.
f. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. g. All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

G. G. Fees.Fees. The following requirements apply to all ADUs that are approved under subsections D(1) or D(2) above.

1. Impact Fees.
a. No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection G(1), “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling.)

b. Except as described in subsection G(2)(Aa), converted ADUs and JADUs on a single-family lot, created under subsection D(1)(Aa) above, are not required to have a new or separate utility connection directly between the ADU or JADU and the utility. Nor is a connection fee or capacity charge required unless the ADU or JADU is constructed with a new single-family home.
c. Except as described in subsection G(2)(Aa), all ADUs and JADUs not covered by subsection G(2)(Bb) above require a new, separate utility connection directly between the ADU or JADU and the utility. i. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU or JADU, based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
ii. The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.

H. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

2. Unpermitted ADUs constructed before 2018.
a. Permit to Legalize. As required by state law, the City may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
i. The ADU violates applicable building standards, or
ii. The ADU does not comply with the state ADU law
(Government Code section 65852.2) or this ADU ordinance (section 20.400.330).
b. Exceptions.
i. Notwithstanding subsection H(2)(a) above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure. ii. Subsection H(2)(a) above does not apply to a building that is deemed to be substandard in accordance with California
Health and Safety Code section 17920.3.

I. H. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections A though GH(2) of this section may be allowed by the City with a use permit, in accordance with Chapter 20.550.

J. I. Restricted Areas. ADUs or JADUs shall not be allowed where roadways, public utilities and services are inadequate with reference to objective and published thresholds established by the utility or service provider. To ensure access by public safety vehicles, an ADU may not be located on a lot that fronts a roadway that is narrower than the minimum road width standards established by the Orange County Fire Authority’s Master Plans for Commercial and Residential Development (as the same may be amended from time to time), unless: (a) one (1) on-site parking space is provided for each bedroom included in the ADU; and (b) replacement on-site parking spaces are provided for any parking spaces that are lost or converted to accommodate the ADU.
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: February 14, 2023
SUBJECT: AMERICAN RESCUE PLAN ACT (ARPA) PROJECT UPDATES AND

EXPANSION AND EXTENSION OF ARPA-FUNDED PUBLIC SAFETY

PILOT PROGRAM
REPORT IN BRIEF:

Staff will provide an American Rescue Plan Act (ARPA) presentation regarding the ARPA funds expended to-date and progress on ARPA projects currently underway or completed.

Council will also consider extending the Public Safety Pilot Program (Pilot Program) through June 30, 2023 and adding one additional Deputy to provide 40 additional hours of coverage per week.

RECOMMENDED ACTION:

1. City Council declare that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3); and

2. Receive and file the presentation; and

3. Direct staff to proceed with extending the original six-month Pilot Program from May 13, 2023 to June 30, 2023 and adding one additional Deputy to provide 40 additional hours of coverage per week; and

4. Authorize the reallocation of an additional $86,000 from the City’s ARPA Allocation (ARPA Fund #257) that is currently allocated for the “Purchase of Property/Housing Opportunities” project to fund the extension and expansion of the Pilot Program.

BACKGROUND:

Through the passage of H.R. 1319, the American Rescue Plan Act of 2021 (ARPA), state, tribal, and local governments have received billions in much-needed relief to help offset the negative impacts of COVID-19. The City’s Coronavirus State and Local Fiscal Recovery Funds (SLFRF) allocation is $9,123,659, and the full amount must be encumbered by the end of calendar year 2024.

Item: 11A
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2 On January 27, 2022, the U.S. Treasury Department published a Final Rule to implement the SLFRF program. The Final Rule establishes five eligible use categories for the funds:
• Responding to the public health emergency or its negative economic impacts. • Providing premium pay to eligible workers (performing essential work). • Providing government services (to the extent of the reduction in the recipient’s general revenue due to the public health emergency).
• Making necessary investments in water, sewer, and broadband infrastructure. • Meeting the non-federal matching requirements for Bureau of Reclamation projects.

Under the Final Rule’s Standard Allowance threshold, the City is allowed to claim up to $10 million as general revenue loss due to the public health emergency. By opting to take the Standard Allowance, the City is permitted to use the entire $9,123,659 for the provision of government services. The Treasury Department has clarified that “generally speaking, services provided by the recipient governments are ‘government services’ under the interim final rule and final rule, unless Treasury has stated otherwise.” Activities that the Treasury Department has explicitly excluded from the definition of government services include:
• Payment of debt service;
• Replenishing of financial reserves (e.g., rainy day funds); • Satisfaction of any obligation arising under or pursuant to a settlement agreement, judgment, consent decree, or judicially confirmed debt restructuring in a judicial, administrative, or regulatory proceeding, unless the judgment or settlement required the provision of government services;
• Deposits into any pension fund; and
• Uses that conflict with the overall statutory purpose of ARPA to reduce the spread of COVID-19.

ANALYSIS:

As of December 31, 2022, the City had expended $2,089,428 of its $9,123,659 ARPA allocation, leaving a remaining balance of $7,034,231. The wide-ranging projects have helped address the needs of the community and promoted the City’s Strategic Plan Objectives. Highlights include purchasing “blue light” security cameras to investigate and deter criminal activity, replacing the City’s outdated firewalls, and developing a new Parks Master Plan. Staff looks forward to continuing to follow through on these projects, ensuring they are completed or funds are encumbered well before the December 31, 2024 deadline set by ARPA.

Public Safety Pilot Program (Pilot Program)
At its meeting of November 8, 2022, the Council directed staff to proceed with a six-month Pilot Program beginning November 2022 through May 13, 2023. The Pilot Program brings together, for the first time, a fully staffed, dedicated team of homeless outreach 3 coordination, code enforcement, and law enforcement to focus on homeless support services, public safety, and quality of life issues.

In creating the Pilot Program, the Council’s goals are threefold: first, to offer services and placement to those individuals experiencing homelessness on our City streets; second, to ensure the City’s Municipal Code is being enforced; and finally, to promote a high quality of life for all Stanton residents and businesses. To bring together the proper knowledge, skills, and abilities, the Pilot Program team has been formed consisting of representatives from homeless outreach, code enforcement, and law enforcement. The team has been working together hand-in-hand, approximately 40 hours per week, canvassing the City to ensure all necessary resources are jointly available in real time.

Following are statistics to show the impact of the Pilot Program in the community.

Table 1. Pilot Program Summary Statistics
Nov 2022 Dec 2023 Jan 2023
Homeless Contacts 11 112 63
Declined Services 11 112 63
Enforcement Activities 19 48 36
Parole Contacts 3 2 3
Probation Contacts 2 13 6
Prostitutes Contacted 4 4 11
Returned Juvenile Runaway 0 0 1
TOTAL ENGAGEMENTS 39 179 120
Based on the success of the Pilot Program and the positive feedback received from residents and business members, staff is requesting the Council consider extending the Pilot Program through June 30, 2023 and adding one additional Deputy to provide 40 additional hours of coverage per week. The extension of services will take the Pilot Program through the end of the fiscal year. Staff will be preparing a decision package for the Council’s consideration as part of the Fiscal Year 2023-24 Budget Workshop to consider extending the program through Fiscal Year 2023-24. The additional Deputy will allow for enhanced coverage throughout the week and allow for backup for transport services as needed.

FISCAL IMPACT:

The City is utilizing the most cost-effective strategy to provide the limited-term Homeless Liaison Deputy required for the Pilot Program team, which is assigning a deputy from the City’s existing patrol deputy ranks and backfilling the vacant patrol hours. The extension of services through June 30, 2023 and the addition of one Deputy at an overtime rate of $96.97 will result in a total additional cost of $94,000. The Purchase of Property/Housing Opportunities ARPA allocation includes approximately $2.7M of unassigned funding.

Staff is proposing to re-allocate $94,000 from this line item. This will bring the total Pilot Program funding to $194,850.
4 ENVIRONMENTAL IMPACT:

None. This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378(b)(5) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly).

LEGAL REVIEW:

None.

STRATEGIC PLAN OBJECTIVE(S) ADDRESSED:

1. Provide a safe community.

2. Provide a strong local economy.

3. Provide a quality infrastructure.

4. Ensure fiscal stability and efficiency in governance.

5. Provide a high quality of life.

6. Maintain and promote a responsive, high-quality, and transparent government.

PUBLIC NOTIFICATION:

Public notice for this item was made through the regular agenda process.

Prepared by: Jason Huynh, Management Analyst
Reviewed by: Soo Kang, Assistant to the City Manager
Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
1 CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: February 14, 2023
SUBJECT: ADOPT A RESOLUTION OF INTENTION AND HOLD THE FIRST

READING OF AN ORDINANCE TO AMEND THE CALIFORNIA PUBLIC
EMPLOYEES’ RETIREMENT SYSTEM CONTRACT WITH THE CITY OF

STANTON
REPORT IN BRIEF:

The City Council will consider adopting a Resolution of Intention and hold the first reading of Ordinance No. 1129 to amend the California Public Employees’ Retirement System Contract with the City of Stanton to remove the exclusion language for persons compensated on an hourly basis and to provide for the exclusions of the Intern, Park Ranger, Recreation Leader, and Senior Recreation Leader positions.

RECOMMENDED ACTION:

1. City Council declare that the project is exempt from the California Environmental Quality Act (“CEQA”) under Section 15378(b)(2) - continuing administrative or maintenance activities, such as purchase of supplies, personnel-related actions, general policy and procedures making; and

2. Adopt Resolution 2023-04, a Resolution of Intention approving an amendment to the contract with the California Public Employees’ Retirement System (CalPERS), entitled:
“A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO

CONTRACT BETWEEN THE BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM AND THE
CITY COUNCIL OF THE CITY OF STANTON”; and

3. Approve the Certification of Compliance with Government Code Section 7507; and Item: 12A
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2 4. City Council conduct the first reading of Ordinance No. 1129, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON

AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE

CITY COUNCIL OF THE CITY OF STANTON AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’

RETIREMENT SYSTEM TO REMOVE THE CONTRACT PROVISION
EXCLUDING FROM CALPERS MEMBERSHIP “PERSONS
COMPENSATED ON AN HOURLY BASIS” PROSPECTIVELY,
PURSUANT TO GOVERNMENT CODE SECTIONS 20305 NAD 20503”;
and

5. Set said Ordinance No. 1129 for a second reading at the regular City Council meeting of March 14, 2023.

BACKGROUND:

The City is required to administer its retirement plan in accordance with the Public Employees’ Retirement Law (PERL). The proposed contract provision excluding “persons compensated on an hourly basis” does not reflect the City’s current practice, pre-dates current laws, is inconsistent with PERL, and has resulted in administrative uncertainty. After consultation and review, CalPERS has recommended that the City amend its contract to remove this contract provision. The recommendation to remove the exclusion language is intended to clean up and to simplify administration of the retirement plan by removing language that is obsolete. In addition, CalPERS is allowing the City to exclude the positions of Intern, Park Ranger, Recreation Leader and Senior Recreation Leader, prospectively from the effective date of the proposed contract amendment.

ANALYSIS AND JUSTIFICATION:

The City has contracted with CalPERS since December 31, 1967. The City administers the retirement plan for all employees appointed to regular status positions. The current contract contains a provision excluding from membership “persons compensated on an hourly basis.”
The City is required to administer the retirement plan in accordance with the PERL.

Government Code section 20305 outlines the administration of the plan as it applies to part-time employees and identifies conditions requiring immediate enrollment and those excluded. Section 20305(b) states that this section “shall supersede any contract provision excluding persons in any temporary or seasonal employment basis and shall apply only to persons entering employment on and after January 1, 1975.” Section 20305(b) also states that “no contract or contract amendment entered into after January 1, 1981, shall contain any provision excluding persons on an irregular employment basis.”
3 The City’s current practice adheres to the time basis and tenure requirements of Government Code section 20305 to determine membership eligibility. The City ensures employees hired on a part-time basis are enrolled in CalPERS membership when they meet eligibility requirements. CalPERS performed an audit of the application of the provision and has recommended that the City amend the contract to remove the contract provision excluding “persons compensated on an hourly basis” from membership. Government Code section 20503 permits an agency contracting with CalPERS to amend its contract to remove exclusions prospectively. This contract change removes the exclusion from the contract and will not alter when a part-time employee is entered into the CalPERS retirement system if they have gone over the allotted part-time hours. It simply removes the exclusion to avoid confusion in the future.

In addition to removing the contract provision excluding “persons compensated on an hourly basis” from membership, the contract amendment will provide for the exclusion of the Intern, Park Ranger, Recreation Leader and Senior Recreation Leader positions. As of the effective date of the Amendment to Contract these positions will be excluded from CalPERS membership and employees hired into these positions shall not become members of said Retirement System.

FISCAL IMPACT:

As outlined in the Exhibit Amendment to Contract, removal of the exclusion does not mandate any new classes of employees into membership. Therefore, approval of the recommendation to approve the amendment to the contract and remove the exclusion is not anticipated to have any fiscal impact.

ENVIRONMENTAL IMPACT:

Not applicable.

LEGAL REVIEW:

None.

STRATEGIC PLAN OBJECTIVE ADDRESSED:

Obj. 6:Maintain and promote a responsive, high quality and transparent government.

PUBLIC NOTIFICATION:

Public notice for this item was made through the normal agenda process.

Prepared by: Cynthia Guzman, Human Resources Manager
Approved by: Hannah Shin-Heydorn, City Manager
4 Attachments:

A. Certification of Governing Body’s Action
B. Certification of PA Compliance with 7507
C. Ordinance No. 1129
Exhibit – Amendment to Contract
D. Resolution No. 2023-04
Exhibit - Amendment to Contract
California Public Employees’ Retirement System
Financial Office | Pension Contracts and Prefunding Programs Division P.O. Box 942703, Sacramento, CA 94229-2703
888 CalPERS (or 888-225-7377) | TTY: (877) 249-7442 | www.calpers.ca.gov PERS-CON-12A (rev. 12/11/18)
Certification of Compliance with
Government Code Section 7507
I hereby certify that in accordance with Government Code section 7507, the future annual costs as determined by the California Public Employees’ Retirement System for the increase or change in retirement benefit(s) have been made public at a public meeting of the _______________________________ of the _________________________________________ (governing body) (public agency)
on ________________ which is at least two weeks prior to the adoption of the Resolution / (date)
Ordinance. Adoption of the retirement benefit increase or change will not be placed on the consent calendar.
___________________________________
Clerk/Secretary
___________________________________
Title
Date ___________________
Attachment: A
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California Public Employees’ Retirement System
Financial Office | Pension Contracts and Prefunding Programs Division P.O. Box 942703, Sacramento, CA 94229-2703
888 CalPERS (or 888-225-7377) | TTY: (877) 249-7442 | www.calpers.ca.gov Certification of Governing Body’s Action
I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the ____________________________________________________________________ of the (governing body)
_________________________________________________________________________ (public agency)
on ________________________.
(date)
_______________________________________
Clerk/Secretary
_______________________________________
Title
PERS-CON12 (rev. 1/22/19)
Attachment: B
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ORDINANCE NO. 1129

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ORDINANCE NO. 1129

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON AUTHORIZING

AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY

OF STANTON AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM TO REMOVE THE CONTRACT PROVISION EXCLUDING FROM CALPERS MEMBERSHIP “PERSONS
COMPENSATED ON AN HOURLY BASIS” PROSPECTIVELY, PURSUANT TO GOVERNMENT CODE SECTIONS 20305 AND 20503
WHEREAS, the action of revision of a pension contract does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378, therefore, no further environmental review is required.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1: The City Council finds that all the facts, findings and conclusions set forth in this Ordinance are true and correct.

SECTION 2: That an amendment to the contract between the City Council of the City of Stanton and the Board of Administration, California Public Employees’ Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full.

SECTION 3: The City Manager of the City of Stanton is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency.

SECTION 4: This ordinance shall take effect 30 days following its adoption.

SECTION 5: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Stanton hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

SECTION 6: The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted in the three (3) designated posting places within the City of Stanton within fifteen (15) days after its passage.

Attachment: C
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ORDINANCE NO. 1129

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PASSED, APPROVED, AND ADOPTED this 14th day of March, 2023.

DAVID J. SHAWVER, MAYOR
ATTEST:

PATRICIA A. VAZQUEZ, CITY CLERK

APPROVED AS TO FORM

HONGDAO NGUYEN, CITY ATTORNEY

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF STANTON )
I, Patricia A. Vazquez, City Clerk of the City of Stanton, California, do hereby certify that the foregoing Ordinance No. 1129 was introduced at a regular meeting of the City Council of the City of Stanton, California, held on the 14th day of February, 2023 and was duly adopted at a regular meeting of the City Council held on the 14th day of March, 2023, by the following roll-call vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

PATRICIA A. VAZQUEZ, CITY CLERK
A
CalPERS

EXHIBIT
California
Public Employees' Retirement System
---�♦-====-==:;;;;;:

AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Stanton
----•--�=
The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective December 31, 1967, and witnessed November 27, 1967, and as amended effective July 1, 1971, July 1, 1973, November 1, 1977, October 19, 1980, June 14, 1985, June 23, 1985, October 1, 1996, August 15, 1999, July 8, 2007, and August 28, 2011, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows:

A. Paragraphs 1 through 14 are hereby stricken from said contract as executed effective August 28, 2011, and hereby replaced by the following paragraphs numbered 1 through 17 inclusive:

1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for classic local miscellaneous members entering membership in the miscellaneous classification on or prior to August 28, 2011, age 60 for classic local miscellaneous members entering membership for the first time in the miscellaneous classification after August 28, 2011, age 62 for new local miscellaneous members, age 55 for classic local safety members, and age 57 for new local safety members.

Exhibit: A
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PLEASE DO NOT SIGN "EXHIBIT ONLY"

2. Public Agency shall participate in the Public Employees' Retirement System from and after December 31, 1967, making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency.

3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CalPERS) and its trustees, agents and employees, the CalPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorney fees that may arise as a result of any of the following:
(a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CalPERS retirement program.
(b) Any dispute, disagreement, claim, or proceeding (including without limitation arbitration, administrative hearing, or litigation) between Public Agency and its employees (or their
representatives) which relates to Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are differen't than such employees' existing retirement benefits, provisions or formulas.
(c) Public Agency's agreement with a third party other than CalPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law.

4. Employees of · Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members).

PLEASE DO NOT SIGN "EXHIBIT ONLY"

5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System:
a. APPOINTIVE MEMBERS OF ALL COMMISSIONS ANO BOARDS;
b. CITY TREASURER (HONORARY);
c. VOLUNTEER PERSONNEL;
d. RESERVE PERSONNEL;
e. ELECTED OFFICIALS (WHICH MEANS "CITY COUNCIL
MEMBERS") FROM DECEMBER 31, 1967, THROUGH OCTOBER
31, 1977, AND ELECTED OFFICIALS ENTERING OFFICE ON OR
AFTER JUNE 14, 1985; ANO
f. INTERN, PARK RANGER, RECREATION LEADER, ANO SENIOR

RECREATION LEADER PROSPECTIVELY FROM THE
EFFECTIVE DATE OF THIS AMENDMENT TO CONTRACT.

6. Removal of the exclusion of "Hourly Employees," pursuant to Section 20503, is declarative of agency's previous interpretation and does not mandate any new classes of employees into membership.

7. The percentage of final compensation to be provided for each year of credited prior and current service as a classic local miscellaneous member entering membership in the miscellaneous classification on or prior to August 28, 2011, shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service prior to June 30, 1971, termination of Social Security, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). .

8. The percentage of final compensation to be provided for each year of credited current service as a classic local miscellaneous member entering membership for the first time in the miscellaneous classification after August 28, 2011, shall be determined in accordance with Section 21353 of said Retirement Law (2% at age 60 Full).

9. The percentage of final compensation to be provided for each year of credited prior and current service as a new local miscellaneous member shall be determined in accordance with Section 7522.20 of said Retirement Law (2% at age 62 Full).

10. The percentage of final compensation to be provided for each year of credited prior and current service as a classic local safety member shall be determined in accordance with Section 21366 of said Retirement Law (Onehalf pay at age 55 Full).

11. The percentage of final compensation · to be provided for each year of credited prior and current service as a new local safety member shall be determined in accordance with Section 7522.25(b) of said Retirement Law (2% at age 57 Full).

PLEASE DO NOT SIGN "EXHIBIT ONLY"

12. Public Agency elected and elects to be subject to the following optional provisions:
a. Section 21222.1 (Special 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980.
b. Section 21572 (Increased Level of 1959 Survivor Benefits). c. Section 20503 (To Remove the Exclusion of "City Attorney," prospectively from October 1, 1996).
d. Section 20042 (One-Year Final Compensation) for those classic local miscellaneous members entering membership on or prior to August 28, 2011.
e. Section 20475 (Different Level of Benefits): Section 21353 (2% @ 60 Full formula) and Section 20037 (Three-Year Final
Compensation) are applicable to classic local miscellaneous members entering membership for the first time with this agency in the miscellaneous classification after August 28, 2011. f. Section 20503 (To Remove the Exclusion of "Hourly Employees," prospectively from the effective date of this amendment to contract).

13. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on October 19, 1980. Accumulated contributions of Public Agency shall be fixed and determined as provided in Gqvernment Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834.

14. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System.

15. Public Agency shall also contribute to �aid Retirement System as follows:
a. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law.
b. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law.

16. Contributions required of Public Agency and its employees shall be subject to adjustment · by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law.

17. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board.
,,
B. This amendment shall b�ective on the day of
�� -- -------
BOARD OF ADMINISTRAT.l)N CITY COUNCIL
PUBLIC EMPLOYEES' ��REMENT SYSTEM CITY OF STANTON ./<,
�
BY �

MELODY BENA ES, CHIEF

PENSION CO CTS AND PREFUNDING

PROGRAM VISION
PUBLIC ='LOYEES' RETIREMENT SYSTEM
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AMENDMENT CalPERS ID #1012157360
PERS-CON-702A
Wit�l Date
� A1est:

Clerk
RESOLUTION NO. 2023-04

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Stanton City CouncilFebruary 14, 2023

Stanton City Council
February 14, 2023