Agenda — Stanton City Council, November 26, 2024 (part 2 of 2)

RESOLUTION NO. 2024-40

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA,

PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY CAUSED BY

CONDITIONS AND THREATENED CONDITIONS OF HOMELESSNESS WITHIN THE

CITY OF STANTON, WHICH IF NOT CORRECTED, CONSTITUTES AN IMMINENT

AND PROXIMATE THREAT TO THE SAFETY OF PERSONS AND PROPERTY IN THE CITY

THE CITY COUNCIL OF THE CITY OF STANTON DOES HEREBY RESOLVE AS FOLLOWS:

WHEREAS, the City of Stanton “City” is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, California Government Code 8630, et seq., and Chapter 2.64 of Title 2 of the Stanton Municipal Code provide that the Stanton City Council (“City Council”) may proclaim local emergencies; and
WHEREAS, like many other regions in California, the City has seen a rapid and troubling growth in the homeless population of the City, a condition that has been difficult to address given the traditionally high cost of housing and property in the region, and the historic shortage of emergency, transitional, and affordable housing across the state; and WHEREAS, Executive Order N-1-24, signed by Governor Gavin Newsom on July 24, 2024, acknowledged the dire state of the homelessness crisis in California and ordered state agencies and departments to address encampments on state property. Moreover, the Executive Order ordered that local governments are encouraged to use all available resources and infrastructure, to take action with the urgency this crisis demands to humanely remove encampments from public spaces, prioritizing those encampments that most threaten the life, health, and safety of those in and around them; and WHEREAS, independently and in conjunction with the State’s directives to combat homelessness and address the housing crisis, the City has made significant investments in assisting its unhoused community. These investments include, but are not limited to:
creating and funding additional staff positions dedicated to homelessness outreach, funding and participating in regional outreach and navigation centers, expanding transportation services and shelter access in the region, and funding and welcoming three Project Homekey permanent supportive housing projects to the City totaling 153 units; and
WHEREAS, according to the City’s 2024 Point in Time Count, the City has experienced a 138 percent increase in its unsheltered population from 2019 to 2024, and a 78 percent total increase in its homeless population (including both sheltered and unsheltered individuals), despite the City’s significant investments in combating homelessness and assisting the unhoused community. In contrast, Orange County has experienced only a 7 percent increase in its homeless population since 2019, and surrounding cities have experienced significantly less homeless population growth; and Attachment: A
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RESOLUTION NO. 2024-40

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WHEREAS, despite the City’s efforts to connect homeless individuals with regional assistance centers, the City has only been able to refer 18 people in the last 10 months to the regional Navigation Centers in Buena Park and Placentia due to overpopulation; and
WHEREAS, regional data shows that a significant percentage of unsheltered homeless individuals also suffer disproportionately from complex health issues, such as substance use disorder, serious mental illness, and physical disability, and require assistance from the City, Orange County Behavioral Health Services, and other local, state, and federal health agencies and nonprofit organizations to provide the necessary public services; and WHEREAS, the homelessness crisis confronting the City has grown both incrementally and exponentially, leading to death, illness, injury, and poor living conditions. According to the Orange County Sheriff’s Department Report of 2022 Orange County Homeless Deaths, 65 percent of deaths among people experiencing homelessness were caused by accidents, and the leading cause of accidental deaths is drug use with fentanyl. This is compared to 2019, when 46 percent of deaths among people experiencing homelessness were caused by accidents, and 2020, when 54 percent of deaths among people experiencing homelessness were caused by accidents, and 2021, when 59 percent of deaths among people experiencing homelessness were caused by accidents. Between 2021 and 2022, the number of deaths among people experiencing homelessness in Stanton has risen by 150 percent; and
WHEREAS, the displacement of the number of people living on the streets of the City today is a daily recurring emergency, constituting the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property in the City which are beyond the control of the services, personnel, equipment, and facilities of this city, and requires the combined forces of other political subdivisions to combat; and WHEREAS, notwithstanding the City’s continued commitment to addressing the homelessness crisis, including dedication of funding and investments into homelessness solutions, programs, and initiatives, an emergency declaration is necessary to mobilize resources, faster and with urgency, for the public health, welfare, and safety of all; and WHEREAS, the City’s ability to mobilize local resources, coordinate interagency response, accelerate procurement of housing units, use mutual aid, and seek assistance and potential reimbursement by the State and Federal governments will be critical to successfully responding to this homelessness crisis; and WHEREAS, during the pendency of the existence of a local emergency, the City Council shall retain its full authority to consider a variety of City ordinances to codify the measures necessary to address this homelessness crisis; and
WHEREAS, the benefits of this emergency declaration, coupled with past and future actions by the City Council to address the homelessness crisis, will help ensure that this local emergency will be of a temporary nature.

RESOLUTION NO. 2024-40

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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1: That the foregoing Recitals are true and correct and are incorporated herein by this reference.

SECTION 2: The City Council finds this Resolution is exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15061(b)(3) in that the Resolution is not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment, nor will the Resolution have the potential for causing a significant effect on the environment. Additionally, the City Council finds that the proposed Resolution is not a “project” under State CEQA Guidelines Section 15378(b)(5), which excludes the “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment,” as the Resolution is not anticipated to result in a direct or indirect physical change in the environment.

SECTION 3: Pursuant to California Government Code Section 8630 and Stanton Municipal Code sections 2.64.020 and 2.64.060(A)(1), the City Council hereby finds and proclaims the existence of a local emergency caused by conditions or threatened conditions of homelessness in Stanton, which, if not corrected, constitutes a threat to the safety of persons and property within the territorial limits of the City beyond the control of the services, personnel equipment, and facilities of the City, requiring the combined forces of other political subdivisions to combat.

SECTION 4: During the continued threatened existence and actual existence of the local emergency, the powers, functions and duties of the City Manager, as the Director of Emergency Services, the Assistant Director of Emergency Services, to be appointed by the Director, the Disaster Council of the City, and the emergency organization of the City shall be those prescribed by state law, by ordinances and resolutions of the City and approved by the City Council.

SECTION 5: The City Manager, as the Director of Emergency Services, is hereby authorized to furnish information, to enter into agreements, including, but not limited to, applications and agreements for grant funding, and to take all actions necessary to obtain emergency assistance from State and federal agencies to implement preventive measures to protect and preserve the City within the scope of the local emergency hereby declared, pursuant to the powers and duties prescribed under Chapter 2.64 of the Stanton Municipal Code. Pursuant to Section 2.64.090 of the Stanton Municipal Code, any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City.

SECTION 6: City staff are hereby directed to provide the City Council with a report of actions taken under this Resolution at the next practicable opportunity, and no less than on a monthly basis.

RESOLUTION NO. 2024-40

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SECTION 7: The City shall coordinate its efforts to address this proclaimed emergency with the other local jurisdictions, the County of Orange, the State of California, and the federal government.

SECTION 8: Executive Order N-1-24, signed by Governor Gavin Newsom on July 24, 2024, acknowledged the dire state of the homelessness crisis in California and directed resources to state agencies and departments to address encampments. The City Council requests the Governor to proclaim a "state of emergency" to combat homelessness and direct resources to support the efforts of major cities in the State of California to address the problem, in furtherance and consistent with Executive Order N-1-24.

SECTION 9: This Proclamation of Emergency shall sunset on December 31, 2025, subject to being renewed. The setting of a specific time frame allows for actions to be taken to make permanent, necessary structural changes. Pursuant to California Government Code Section 8630, the City Council shall, by minute action, review the need for continuing the local emergency at least once every 60 days until it terminates the local emergency.

SECTION 10: Pursuant to Government Code section 3100, in protection of the health and safety and preservation of the lives and property of the people from emergencies which result in conditions of extreme peril to life, property and resources, all public employees are hereby declared disaster service workers subject to such disaster service activities as may be assigned to them by their superiors or by law.

SECTION 11: Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 12: Effective Date. This Resolution shall become effective immediately. The City clerk shall attest and certify to the passage and adoption thereof.

PASSED, APPROVED, AND ADOPTED this 26th day of November, 2024. __________________________
DAVID J. SHAWVER, MAYOR
APPROVED AS TO FORM:
_____________________________________

HONGDAO NGUYEN, CITY ATTORNEY
RESOLUTION NO. 2024-40

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ATTEST:

I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2024-40 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the Stanton City Council, held on November 26, 2024, and that the same was adopted, signed and approved by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________
PATRICIA A. VAZQUEZ, CITY CLERK

CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 26, 2024
SUBJECT: ORDINANCE ADDING CHAPTER 12.38 (OBSTRUCTION OF PUBLIC RIGHTS-OF-WAY AND FACILITIES) TO TITLE 12 (STREETS AND
SIDEWALKS) PROHIBITING INTERFERENCE WITH THE PUBLIC’S
RIGHT OF ACCESS TO PUBLIC STREETS, SIDEWALKS, RIGHTS-OFWAY AND FACILITIES REPORT IN BRIEF:

The City has seen an increase in its homeless population since 2019, despite significant allocations of resources and funds to combat homelessness in the City. As a direct result, residents and businesses have experienced an increased number of homeless, unhoused, and transient residents sleeping, sitting, and laying and/or storing personal property in the public right-of-way, obstructing the free use of public streets, sidewalks, rights-of-way, and facilities. The Council will consider adopting regulations prohibiting sleeping, sitting, and laying and/or storing personal property in a manner that interferes with the public’s access to public streets, sidewalks, rights-of-way, and facilities.

RECOMMENDED ACTIONS:

1. City Council find that the Ordinance is not subject to CEQA pursuant to State CEQA Guidelines section 15061(b)(3); and

2. Introduce for first reading, by title only, and waive further reading of proposed Ordinance No. 1156 adding Chapter 12.38, “Obstruction of Public Rights-of-Way and Facilities”, to Title 12 of the Stanton Municipal Code, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, AMENDING THE STANTON MUNICIPAL CODE BY
ADDING CHAPTER 12.38 (OBSTRUCTION OF PUBLIC RIGHTS-OFWAY AND FACILITIES) TO TITLE 12 (STREETS AND SIDEWALKS) PROHIBITING INTERFERENCE WITH THE PUBLIC’S RIGHT OF

ACCESS TO PUBLIC STREETS, SIDEWALKS, RIGHTS-OF-WAY AND
FACILITIES”; and

3. Set December 10, 2024, as the date for second reading and adoption of Ordinance No. 1156.

Item: 12B
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BACKGROUND:

Like many other regions in California, the City of Stanton (“City”) has seen a rapid and troubling growth in homelessness in the City. The COVID-19 pandemic exacerbated this circumstance, which has been difficult to address given the high cost of housing and shortage of emergency, transitional, and affordable housing across the State.

Independently, and in conjunction with the State’s directives to combat homelessness and address the housing crisis, the City has made significant investments in assisting its unhoused community. Additionally, the City is a member of the North Service Planning Area (“North SPA”), an organization of 14 cities in Orange County established in 2019 to combat homelessness in the region. The City’s investments include, but are not limited to the following activities, representing funding of over $15 million since 2017:
• Funding two full-time and one part-time Homeless Outreach Coordinator positions at the City, for a total cost since 2017 of just over $2 million; • Funding and welcoming three Project Homekey permanent supportive housing projects to the City, totaling 153 units, and connecting unhoused residents throughout the region to those units. The City’s contribution across the Project Homekey sites was $6 million, and was the first city in the State to open three sites in their jurisdiction;
• Funding two navigation centers in Buena Park and Placentia to provide safe and secure shelter housing as well as providing comprehensive programs and services. The City’s contribution to the centers during the first five years of operation has been approximately $660,000, and the City’s financial commitment in the next five years is estimated to total $2.5 million based on increased maintenance and operational costs;
• Funding the regional Homeless Outreach and Proactive Engagement (“HOPE”) Center of Orange County in the amount of $5 million and serving as their fiscal agent;
• Funding Homeless Liaison Orange County Sheriff's Department deputies since 2017 at approximately $1.6 million;
• Having the City Manager serve on the Board of the North SPA Collaborative; • Partnering with Illumination Foundation to expand shelter access in the region. The Illumination Foundation is an Orange County-based 501(c)(3) nonprofit dedicated to providing comprehensive services for the most vulnerable homeless population; • Providing bridge housing opportunities since 2020 at just over $150,000; • Providing transportation services; and
• Providing document retrieval assistance and funding to recover important documents, to connect homeless people with resources and employment.

Despite these significant efforts, the City’s homeless population has exponentially increased since 2019. According to the County’s 2024 Point in Time Count, the City has experienced a 138 percent increase in its unsheltered population from 2019 to 2024, and a 78 percent total increase in its homeless population (including both sheltered and unsheltered individuals). (See https://ceo.ocgov.com/sites/ceo/files/2024- 05/2024%20PIT%20Summary%20-%20FINAL%205.16.24.pdf.)
Table 1. City of Stanton Point in Time Homeless Count
2019 to 2024
In contrast, the County of Orange has experienced a much smaller 7 percent increase in its homeless population since 2019, and the North Spa has experienced a 17 percent increase in its homeless population since 2019.

Table 2. % Increase in Total Homelessness
2019 to 2024
The City’s homeless population ranks as the fifth largest homeless population within the North SPA even though, geographically, it is one of the smallest cities within the area at only 3.1 square miles. Only significantly larger North SPA cities (Anaheim, Fullerton, Buena Park, and Orange) have a higher homeless count. Among all 34 Orange County cities, the City’s homeless population ranks as the 11th largest.

The two navigation centers in the Cities of Buena Park and Placentia are at capacity. In the past 10 months, the City has only been able to refer a total of 18 individuals to the centers.

The swell of homeless persons in the City has resulted in an increase in individuals laying, sitting, sleeping, and/or storing personal property on and in public streets, sidewalks, rights-of-way, landscaped areas, and public facilities. In turn, the City has received an increase in public comments, calls, emails, and reports regarding obstruction of public rights-of-way and facilities that prevent residents from equally accessing and enjoying public facilities. Additionally, the City has received an increase in public comments, calls, emails, and reports of safety concerns due to individuals obstructing sidewalks, streets, parking lots, and medians. Indeed, streets, parking lots, and medians are traversed by vehicular traffic and endanger individuals who are sitting, sleeping, or lying in those areas.

Cities were formerly constrained by a Ninth Circuit Court case, Martin v. City of Boise, Idaho, 20 F.3d 584 (2019), which severely limited cities from enforcing public camping regulations. However, in June 2024, the United States Supreme Court overruled the Ninth Circuit Court’s holding through its decision in City of Grants Pass v. Johnson, et al., 603 U.S. 1 (2024) (“Grants Pass”). The Court found that cities may enact and enforce ordinances and other regulations designed to prevent camping and sleeping in public places and storing property on public property, or otherwise obstructing access in and to public spaces. In light of the increased number of individuals sleeping, laying, sitting, and storing personal property in public, and the growing safety concerns reported by the public due to the obstruction of City public rights-of-ways and facilities, the City is proposing additional regulations consistent with the Supreme Court’s holding in Grants Pass.

ANALYSIS/JUSTIFICATION:

The existing Stanton Municipal Code Chapter 12.36, “Unlawful Camping and Abandoned Property,” prohibits individuals from camping, occupying camping facilities, or using camp paraphernalia in any public area not designated for camping and permitted by the City Community Services Director. Additionally, the Chapter prohibits individuals from sleeping in any public park between sunset and 5 AM, or on City property except as permitted by the City Council. Violations of the Chapter are deemed misdemeanors.

However, the Chapter does not address individuals sleeping, laying, or sitting in the public right-of-way or on public property without camp paraphernalia.

Moreover, Stanton Municipal Code Chapter 12.16, “Obstructions,” prohibits individuals from placing any obstruction upon any street, alley, sidewalk, parkway, or any public place except as authorized by the City. However, the Chapter does not address individuals who leave personal property unattended in public places unless the property is considered an “obstruction.”
The proposed Ordinance (Attachment A) would add Chapter 12.38 to Title 12 of the Stanton Municipal Code, and is intended to broaden the City’s existing regulations on obstructions and sleeping, sitting, and laying in the right-of-way. The proposed regulations would prohibit sleeping, sitting, laying, and/or storing personal property in the following places:
• The public right-of-way (streets, sidewalks, intersections, and any other place for pedestrian and vehicular travel);
• A median, public parkway, or landscaped area;
• Within 10 feet of a driveway, ramp, or loading dock;
• Within 10 feet of an entrance or exit of a building, establishment, retail store, restaurant, office building;
• Within 10 feet of a fire hydrant or any other connection used by the Fire Department;
• Within 10 feet of an ATM, or any door to an ATM;
• Within 10 feet of an electric vehicle charging station, or in a manner which obstructs the use of parking lots, parking aisles, or parking spaces; • Within 10 feet of the entrance to a public restroom;
• Within 10 feet of a sidewalk ramp, street corner, or intersection; • In a manner that unreasonably interferes with the maintenance of public equipment or facilities;
• Within 200 feet of any school or day care center;
• Sleeping on or under a bench, table, playground equipment, or similar fixture or structure in a Public Park; and
• Storing personal property within 200 feet of playground equipment or similar fixture or structure in a Public Park in a manner that is inconsistent with the use of a Public Park for recreational purposes.

The Chapter provides exceptions for lawful gatherings such as parades, farmers markets, picnics, designated outdoor seating at restaurants, and other permitted events and uses.

Violations of the Chapter would be enforced according to a “sliding scale”, which increases in intensity with each subsequent violation. “Sliding scale” enforcement is supported by the Supreme Court in the Grants Pass decision. • Initial violations would be punished by an administrative citation, subject to a fine not exceeding fifty ($50) dollars, as provided in the City’s existing SMC Chapter

1.12 (Administrative Citations).
• Subsequent violations could be subject to an escalating administrative fine amount, pursuant to SMC Chapter 1.12 (i.e., $100, $200, $500 for subsequent violations). Additionally, the City Attorney, at their discretion, may take legal action to prosecute subsequent violations as a misdemeanor or obtain a court order to restrain, enjoin, or abate the conditions found to be in violation.

Additionally, private property owners may still pursue causes of action for trespass.

Should the City be required to remove or dispose of personal property stored in violation of the proposed Ordinance, the City shall abide by the City’s Debris, Garbage, and Unattended Personal Property Removal Policy. The City’s Debris, Garbage, and Unattended Personal Property Removal (Administrative) Policy is included in this report as Attachment B.

The proposed Ordinance and its enforcement are authorized pursuant to the City’s police power, as provided in the California Constitution. If the City Council adopts Resolution No. 2024-40, a Homelessness State of Emergency declaration, then this Ordinance is proposed to also be adopted pursuant to that declaration. The Ordinance is intended to work in tandem with the City’s ongoing and continued efforts to provide aid and assistance to the City’s homeless population. This includes, but is not limited to, offering individuals service, helping connect them to available shelter, and partnering with agencies and groups at the local, State, and federal level to address issues of homelessness. The City maintains monthly reports going back to 2021 that details outreach efforts on the City website at
https://www.stantonca.gov/departments/public_safety/homelessness/monthly_outreach _reports.php.

FISCAL IMPACT:

The report details over $15 million in funding that has been allocated to address issues related to homelessness, including outreach services, since 2017. This fiscal impact reflects those categories of expenditures that are easily tracked and coded to homelessness efforts and initiatives. The true amount the City has expended over the years to address issues related to homelessness would be significantly larger if all personnel activities and efforts were meticulously allocated.

The fiscal impact of enforcing the proposed ordinance if approved is unknown at this time but is also in stark contrast to the immeasurable positive impact that would arise from supporting the quality of life that residents and businesses of Stanton deserve along with the return of access to residents and businesses of Stanton to their public streets, sidewalks, rights-of-way, and facilities.

ENVIRONMENTAL IMPACT:

The proposed action is not subject to the California Environmental Quality Act (“Public Resources Code section 21000 et seq.) (“CEQA”) because it does not qualify as a “project” under CEQA pursuant to State CEQA Guidelines section 15061(b)(3). This action would adopt additional regulations prohibiting sleeping, sitting, laying, and storing personal property in the public right of way, which would not have a significant effect on the environment.

PUBLIC NOTIFICATION:

Notification and advertisement were performed as prescribed by law.

STRATEGIC PLAN OBJECTIVES ADDRESSED:

Obj. No. 1: Provie a safe community.

Obj. No. 2: Promote a strong local economy.

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

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

Prepared by: HongDao Nguyen, City Attorney
Reviewed by: James J. Wren, Public Safety Services Director Reviewed by: Hannah Shin-Heydorn, City Manager, as Director of Emergency Services (if authorized)
Approved by: Hannah Shin-Heydorn, City Manager, as Director of Emergency Services, (if authorized)
ATTACHMENT(S):

A. Proposed Ordinance No. 1156
B. City Debris, Garbage, and Unattended Personal Property Removal Policy ORDINANCE NO. 1156

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ORDINANCE NO. 1156

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, AMENDING THE STANTON MUNICIPAL CODE BY ADDING CHAPTER 12.38 (OBSTRUCTION OF PUBLIC RIGHTS-OF-WAY AND FACILITIES) TO TITLE 12 (STREETS AND SIDEWALKS) PROHIBITING INTERFERENCE WITH THE PUBLIC’S

RIGHT OF ACCESS TO PUBLIC STREETS, SIDEWALKS, RIGHTS-OF-WAY AND

FACILITIES
WHEREAS, the City of Stanton, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City desires to keep public areas in the City in an accessible condition, to adequately protect the health, safety, environment and general welfare of the community, and to ensure that public areas and rights-of-way are used for their intended purposes and remain open and equally available to all members of the public, including the disabled, the elderly, families, children, and visitors to the City; and WHEREAS, the storage of unattended personal property on public property creates a safety and security risk to the public as, it can obstruct access to needed services and facilities, can pose a tripping risk, can pose a fire risk, and can divert limited public resources to evaluate suspicious or unknown packages or personal property. Additionally, unauthorized occupation of public areas and rights-of-way can create health and safety risks related to the accumulation of trash, food waste, human waste, and contaminated medical waste; and
WHEREAS, like many other regions in California, the City has seen a rapid and troubling growth in the homeless population of the City, a condition that has been difficult to address given the traditionally high cost of housing and property in the region, and the historic shortage of emergency, transitional, and affordable housing across the State; and WHEREAS, Executive Order N-1-24, signed by Governor Gavin Newsom on July 24, 2024, acknowledged the dire state of the homelessness crisis in California and ordered state agencies and departments to address encampments on state property. Additionally, the Executive Order ordered that local governments are encouraged to use all available resources and infrastructure, to take action with the urgency this crisis demands to humanely remove encampments from public spaces, prioritizing those encampments that most threaten the life, health, and safety of those in and around them; and WHEREAS, independently, and in conjunction with the State’s directives to combat homelessness and address the housing crisis, the City has made significant investments in assisting its unhoused community. These investments include, but are not limited to:
creating and funding additional staff positions dedicated to homelessness outreach, funding and participating in regional outreach and navigation centers, expanding transportation services and shelter access in the region, and funding and welcoming three Project Homekey permanent supportive housing projects to the City totaling 153 units; and
Attachment: A
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ORDINANCE NO. 1156

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WHEREAS, according to the County’s 2024 Point in Time Count, the City has experienced a 138 percent increase in its unsheltered population from 2019 to 2024, and a 78 percent total increase in its homeless population (including both sheltered and unsheltered individuals), despite the City’s significant investments in combating homelessness and assisting the unhoused community. In contrast, Orange County has experienced only a 7 percent increase in its homeless population since 2019, and surrounding cities have experienced significantly less homeless population growth; and WHEREAS, despite the City’s efforts to connect homeless individuals with regional assistance centers, the City has only been able to refer 18 people in the last 10 months to the regional Navigation Centers in the Cities of Buena Park and Placentia due to overpopulation; and
WHEREAS, since approximately 2019, the City has observed an increase in unauthorized camping, sleeping, sitting, and storage of personal property in public areas and in the public right-of-way consistent with the City’s increasing homeless population; and
WHEREAS, in turn, the City has received an increase in public comments and reports regarding obstruction of public rights-of-way and facilities that prevent residents from equally accessing and enjoying public facilities. Moreover, the City has received an increase in public comments and reports of safety concerns due to individuals obstructing sidewalks, streets, parking lots, and medians. Indeed, streets, parking lots, and medians are traversed by vehicular traffic and endanger individuals who are sitting, sleeping, or lying in those areas; and
WHEREAS, while the City regulates unlawful camping and abandoned property at Chapter 12.36 of the Stanton Municipal Code, the City now desires to strengthen existing regulations to include sleeping, sitting, laying, and storing personal property in the public right-of-way in a manner beyond the definition of “camping”; and WHEREAS, this Ordinance is being considered pursuant to City of Grants Pass v.

Johnson, et al., 603 U.S. 1 (2024), which held, in part, that regulations designed to prevent camping and sleeping in public places and storing property on public property, or otherwise obstructing access in, and to public spaces is lawful; and WHEREAS, this Ordinance is also being considered pursuant to City Council Resolution No. 2024-40, a declaration of a Homelessness State of Emergency, if adopted by the City Council; and
WHEREAS, the City Council desires to continue to protect the public health, safety and welfare by further regulating the use of public rights-of-way and facilities while also continuing with the City’s ongoing and continued efforts to provide aid and assistance to the City’s homeless population. This includes, but is not limited to, offering individuals service, helping connect them to available shelter, and partnering with agencies and groups at the local, State, and federal level to address issues of homelessness.

ORDINANCE NO. 1156

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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1: That the foregoing Recitals are true and correct and are incorporated herein by this reference.

SECTION 2: This Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15061(b)(3) in that the proposed Ordinance is not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment, nor will the proposed changes have the potential for causing a significant effect on the environment. Additionally, the City Council finds that the proposed Ordinance is not a “project” under State CEQA Guidelines Section15378(b)(5), which excludes the “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment,” as the proposed Ordinance is not anticipated to result in a direct or indirect physical change in the environment.

SECTION 3: Chapter 12.38, "Obstruction of Public Rights-of-Way and Facilities”, is hereby added to Title 12 of the Stanton Municipal Code to read as follows:
“CHAPTER 12.38

OBSTRUCTION OF PUBLIC RIGHTS-OF-WAY AND FACILITIES

12.38.010 – Definitions.

12.38.020 – Obstruction of Public Rights-of-Way.

12.38.030 – Violations, Penalties, and Enforcement.

12.38.010 – Definitions.

Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter:
“Landscaped Area” means all improved landscaped areas, except for open grass areas.
“Median” means a traffic fixture consisting of a strip of ground dividing or separating a street, roadway or highway into lanes according to the direction of travel.
“Personal Property” means any tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, huts, temporary shelters, tarps, bedding, sleeping bags, hammocks, sheds, structures, mattresses, couches, chairs, other furniture, appliances, and personal items such as household goods, luggage, backpacks, and clothing. Personal property does not include property that is secured inside of a motor vehicle; items expressly authorized by a public entity to be on public property owned or controlled by the public entity; or items authorized ORDINANCE NO. 1156

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to be on public property pursuant to this Code, a license, or permit issued by the City.
“Public Park" means all dedicated parks and all planted parkways, triangles and traffic circles maintained by the City of Stanton. “Public Park” does not include the parkway strips between the curb and sidewalk along the streets and highways of the City.
“Public Rights-of-Way” or “Public Right-of-Way” means any place of any nature which is dedicated for use by the general public for pedestrian and vehicular travel, and includes, but is not limited to, a street, sidewalk, curb, crossing, intersection, parkway, highway, boulevard, road, roadway, tunnel, bridge, thoroughfare or any other similar public way.
“Store” and “Storing” means to put personal property aside, to accumulate for use when needed, or to put for safekeeping; and/or to leave Personal Property unattended in a public area. For purposes of this definition, “Public Area” means publicly-owned or controlled property. For purposes of this definition, moving personal property to another location on public property or returning personal property within 1,000 feet from a location where a person previously received a citation for violation of this Chapter within a thirty (30) day period shall be considered storing personal property and shall not be considered to be removing the personal property from public property.
“Street” means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. The term “Street” includes highways.
"Unattended" means no person who asserts or claims ownership over Personal Property is present with or accompanying the Personal Property.

12.38.020 – Obstruction of Public Rights-of-Way.

A. No person shall fix in place, Store, maintain or leave Personal Property that is Unattended in or on a Public Right-of-Way.

B. No person shall sleep, lie down, or sit on any movable chair, bucket, crate, cooler, or similar Personal Property, in or on a Public Right-of-Way, other than as part of a lawful event taking place along the Public Right-of-Way.

C. No person shall sit, lie, or sleep, or Store, maintain, or place Personal Property on a Median, public parkway, or Landscaped Area, with the exception of sitting, storing, maintaining, or placing Personal Property in a Landscaped Area specifically designed for that purpose.

ORDINANCE NO. 1156

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D. No person shall sleep on or under a bench, table, playground equipment, or similar fixture or structure in a Public Park. No person shall store, maintain, or place Personal Property within 200 feet of playground equipment or similar fixture or structure in a Public Park in a manner that is inconsistent with the use of a Public Park for recreational purposes, and/or in violation of Chapter 14.04 of this Code.

E. No person shall obstruct public or private access by sitting, lying, or sleeping in a Public Right-of-Way, or by storing, using, maintaining, or placing Personal Property in a Public Right-of-Way:

1. In a manner that obstructs or impedes passage in violation of the Americans with Disabilities Act;

2. On or within ten (10) feet of an operational or utilizable driveway, ramp, or loading dock;

3. Within ten (10) feet of an operational or utilizable entrance or exit to any building, establishment, retail store, restaurant, office building, or other place into which the public is invited, unless such area has been designated for use as an outdoor seating area;

4. Within ten (10) feet of a fire hydrant, fire plug, or other connection used by the Fire Department;

5. Within ten (10) feet of an automatic teller machine or any door that provides access to an automatic teller machine;

6. Within ten (10) feet of an electric vehicle charging station, or in a manner which obstructs the lawful use of public and private parking lots, parking aisles, and parking spaces;

7. Within ten (10) feet of the entrance to a public restroom;

8. Within ten (10) feet of a sidewalk ramp, or a corner where a street, roadway, highway, or alley intersect;

9. In a manner that unreasonably interferes with required maintenance of public equipment or facilities or the use of the Public Right-of-Way by motor vehicles, pedestrians or bicycles; or

10.Within two hundred (200) feet of any school or day care center.

ORDINANCE NO. 1156

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F. It shall not be a violation of this Chapter for a person to sit or store, use, maintain, or place Personal Property in the Public Right-of-Way or within Public Parks for purposes of viewing a legally conducted parade, engaging in a similar lawful or permitted event, or engaging in a similar lawful or permitted use.

G. Should the regulations defined under this Chapter conflict with any other provision of this Code, the more restrictive regulation shall control.

12.38.030 – Violations, Penalties, and Enforcement.

Notwithstanding any other provision in this Code, each violation of the provisions of this Chapter shall be punished by the following:

A. An initial violation of this Chapter shall be punished by an administrative citation, with a fine not exceeding fifty ($50) dollars. The citation shall require immediate action by the responsible person to cease and abate the violation.

B. Subsequent violations may be punished by an administrative fine in amounts provided in Section 1.12.070 or cited as a misdemeanor, and punishable by up to six months in prison or up to $1000 fine, or both, or alternative penalties in a court’s discretion. Additionally, the City Attorney, in their sole discretion, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this Chapter, as provided by law.

C. Nothing in this section shall be construed to affect, supersede or otherwise prevent private causes of action for trespass or other public civil, penal or administrative prosecution for violations of this Code, state law, or federal law.”
SECTION 4: If any section, subsection, sentence, clause, phrase, or word of this Ordinance, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality, or unenforceability.

SECTION 5: The City Clerk is the custodian of records for this Ordinance. Documents related to this Ordinance can be found at Stanton City Hall, located at 7800 Katella Ave, Stanton, CA 90680.

SECTION 6: The City Clerk shall certify to the passage of this ordinance by the City Council and cause it to be posted in three (3) public places in the City of Stanton, and it shall take effect on the thirty-first (31st) day after it is approved by the Mayor.

ORDINANCE NO. 1156

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PASSED, APPROVED, AND ADOPTED this 10th day of December, 2024.

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. 1156 was introduced at a regular meeting of the City Council of the City of Stanton, California, held on the 26th day of November, 2024 and was duly adopted at a regular meeting of the City Council held on the 10th day of December, 2024, by the following roll-call vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

PATRICIA A. VAZQUEZ, CITY CLERK
55414.00100\40878050.4
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DEBRIS, GARBAGE, AND UNATTENDED PERSONAL PROPERTY

REMOVAL POLICY
***
I. Introduction & Overview
This policy (“Policy”) establishes protocols for removing, storing, and disposing of debris, garbage, and unattended property of apparent value located on City or Union Pacific Railroad property (which is sometimes, but not always, associated with camping). Left unaddressed, these items can cause significant adverse health and safety impacts, including:
• Damage or destruction to City and Union Pacific Railroad property. • Obstructions of (often heavily trafficked) public rights-of-way. • Blight to surrounding areas.
• Hazardous health and safety conditions (e.g., accumulation of soiled items or items infested with insects or vermin).

This Policy is intended to protect public and private property and the health, safety, and welfare of the community while also ensuring that the City’s removal and storage of personal property adheres to constitutional requirements governing the same. As specified above, the only private property this Policy applies to is Union Pacific Railroad property. All other privately-owned property is the responsibility of the property owner to address.

II. Protocols
The protocols for removing debris, garbage, and unattended personal property of apparent value are provided in subsections (A) and (B) below.

A. Garbage Removal

1. The City regularly receives requests to remove trash and debris that has accumulated on or around City or Union Pacific Railroad property. The City will continue to receive and act upon these requests consistent with its historic practice. Specifically, code enforcement personnel may immediately remove and discard items that are abandoned and lack apparent value. This may include, without limitation, food waste, soiled paper products, and any other item that is not personal property of apparent value, as defined below. In making a determination that an item has been abandoned, code enforcement personnel shall, erring on the side of caution, evaluate the facts and circumstances surrounding the item, including its: condition of damage, deterioration, disrepair, non-use, obsolescence, location and/or any other fact or circumstance that would lead a reasonable person to conclude that the owner has permanently relinquished all right, title, claim and possession thereto.

Attachment: B
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2. However, when the City determines that a request for service involves the removal of trash or debris within 6 feet of an area that contains temporary shelters, the following shall apply:
i. No Exigent Circumstances. Absent exigent circumstances such as an immediate threat to public health safety, or welfare, the removal of trash or debris may not occur until at least 24 hours after the posting of a notice that is substantially similar to the notice attached hereto as Exhibit “A” (“Garbage Removal Notice”). The Garbage Removal Notice shall be posted in a manner that is reasonably calculated to provide effective notice to any residents of the adjacent temporary shelters and must describe the area subject to garbage removal as clearly as possible.
ii. Exigent Circumstances. When exigent circumstances are present, trash or debris may be removed immediately. No preceding Garbage Removal Notice is required. Potential examples of exigent circumstances include, but are not limited to, trash or debris obstructing vehicular traffic on roadways or preventing safe pedestrian passage on sidewalks.

3. As part of the removal of any trash and/or debris, the City will not remove or destroy any items of apparent value that appear to be the personal property that an individual desires to retain. Personal property of apparent value includes, but is not limited to: clothing, shoes, jackets, tents, sleeping bags, bed rolls, blankets, backpacks, duffel bags, bicycles, tools, watches, jewelry, audio and video equipment, medications, toiletries, eyeglasses, purses, handbags, personal papers, equipment, photographs, books and baby strollers. However, the City may discard items it deems hazardous, or detrimental to public health and safety (e.g., hypodermic syringes or items containing body lice).

B. Removal of Unattended Property of Apparent Value

1. No Exigent Circumstances. Absent exigent circumstances relating to immediate threats to the public health, safety, or welfare, the City will provide at least 24 hours advance notice before removing any unattended personal property of apparent value (defined above). The notice must be in writing and substantially similar to the notice attached hereto as Exhibit “B” (“Pre-Removal Notice”). The Pre-Removal Notice must be posted at the site of the unattended personal property. Upon expiration of the time period specified in the Pre-Removal Notice, any unattended property of apparent value will be removed and stored by the City.

Any garbage intermixed with property of apparent value may be removed and destroyed. Following removal, the City will post a notice that is substantially similar to the notice attached hereto as Exhibit “C” (“Post-Removal Notice”).

2. Exigent Circumstances. If exigent circumstances are present, unattended personal property of apparent value may be removed immediately. No preceding PreRemoval Notice is required. Any garbage intermixed with property of apparent 55414.00100\40878050.4
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value may be removed and destroyed. Following removal, the City shall post a Post-Removal Notice.

3. Any unattended property of apparent value removed by the City will be stored for 90 days. The City will make stored property available for retrieval. Property that remains unclaimed after 90 days will be disposed of in accordance with applicable law, including but not limited to Civil Code sections 2080 et seq.

Please direct questions to the Public Safety Department at 714-890-4243. 55414.00100\40878050.4
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EXHIBIT A

CITY OF STANTON

NOTICE OF GARBAGE REMOVAL
PLEASE TAKE NOTICE:

On [insert date] at [insert time], the City of Stanton will remove and destroy garbage that has accumulated in the area of [insert address, or, if no address a description of the location and include diagram of area on back of notice]. The City will not remove or destroy the personal property of any individuals that has apparent value.

Personal property of apparent value may include clothing, shoes, jackets, tents, sleeping bags, bed rolls, blankets, backpacks, duffel bags, bicycles, tools, watches, jewelry, audio and video equipment, medications, toiletries, eyeglasses, purses, handbags, personal papers, equipment, photographs, books and baby strollers. However, the City may discard items it deems hazardous, or detrimental to public health and safety (e.g., hypodermic syringes or items containing body lice).

To avoid any confusion and risk to your property, please move any personal property you may have away from any garbage piles located in this area.

Please direct any questions or comments to the Public Safety Department by phone at 714- 890-4243 or by visiting [address] between [days and hours]. 55414.00100\40878050.4
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EXHIBIT “B”

CITY OF STANTON

PRE-REMOVAL NOTICE
PLEASE TAKE NOTICE:

On [insert date] at [insert time], the City of Stanton will remove all unattended items accumulated in the area of [insert address, or, if no address a description of the location and include diagram of area on back of notice]. After this time, all garbage will be removed and destroyed and any unattended personal property of apparent value will be collected and stored by the City.

Personal property of apparent value that is collected by the City will be stored without charge for 90 days. Individuals wishing to reclaim personal property may do so by contacting the Public Safety Department by phone at 714-890-4243 or by visiting [insert address] between [days and hours]. After 90 days, any unclaimed property will be disposed of in accordance with applicable law.

If you have any questions or comments, please contact the Public Safety Department at the phone number or address provided above.
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EXHIBIT “C”

CITY OF STANTON

POST-REMOVAL NOTICE
PLEASE TAKE NOTICE:

On [insert date] at [insert time], the City of Stanton removed all unattended items accumulated in the area of [insert address, or, if no address a description of the location and include diagram of area on back of notice]. All garbage was removed and destroyed. All unattended personal property of apparent value was collected and will be stored by the City for 90 days.

Personal property of apparent value may include clothing, shoes, jackets, tents, sleeping bags, bed rolls, blankets, backpacks, duffel bags, bicycles, tools, watches, jewelry, audio and video equipment, medications, toiletries, eyeglasses, purses, handbags, personal papers, equipment, photographs, books and baby strollers. However, items deemed hazardous, or detrimental to public health and safety may have been discarded by the City (e.g., hypodermic syringes or items containing body lice).

The City will store collected personal property of apparent value for 90 days without charge. Individuals wishing to reclaim personal property may do so by contacting the Public Safety Department by phone at 714-890-4243 or by visiting [address] between [days and hours]. After 90 days, any unclaimed property will be disposed of in in accordance with applicable law.

If you have any questions or comments, please contact the Public Safety Department at the phone number or address provided above.

CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 26, 2024
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, ADOPTING CHAPTER 9.14 RELATING TO THE

PROHIBITION ON REPAIRS AND SALES OF BICYCLES AND BICYCLE

PARTS ON PUBLIC PROPERTY
REPORT IN BRIEF:

The City has identified activities occurring on public rights of way that are commonly known as “bike chop shops.” These activities consist of individuals using sidewalks to, among other things, assemble, disassemble, and sell or distribute stolen bicycles. Not only do these illegal activities negatively impact quality of life within the City, they also block and encroach on the City’s public rights of way. Therefore, Staff has determined that certain additions are needed to Title 9 of the Stanton Municipal Code (“SMC”) relating to “peace safety, and morals” to address bicycle thefts and bicycle “chop shops” around the City.

RECOMMENDED ACTION:

1. City Council declare that this project 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) 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; and

2. Introduce for first reading, by title only, and waive further reading of proposed Ordinance No. 1157, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

STANTON, CALIFORNIA, AMENDING THE STANTON MUNICIPAL
CODE BY ADDING CHAPTER 9.14 RELATING TO THE

PROHIBITION ON REPAIRS AND SALES OF BICYCLES AND
BICYCLE PARTS ON PUBLIC PROPERTY”; and

3. Set December 10, 2024, as the date for second reading and adoption of Ordinance No. 1157.

Item: 12C
Click here to return to the agenda.

BACKGROUND:

Between 2019 through September 2024, there were approximately 140 reports of bicycle thefts within the City of Stanton. Over the past five years, the number of thefts per year have generally increased year over year. Reports to law enforcement include complaints that bicycles had been stolen while they were parked in garages, patios, in front of commercial businesses, bicycle racks, and storage units. It is likely that not every incident was reported to law enforcement, and the number of actual thefts is likely much greater.

At the November 26, 2024 regular meeting, the City Council is also considering Resolution No. 2024-40, a declaration of a State of Homelessness Emergency due to the impacts of homelessness throughout the City. One of the areas most impacted by issues related to homelessness is private property owned by Union Pacific Railroad (UPR). Homeless individuals regularly trespass onto the private property and engage in anti-social and illegal behavior immediately behind and adjacent to residential and commercial neighbors. The City has long partnered with UPR to address hazardous conditions that overflow into residential and commercial neighborhoods. Through these collaborative cleanups, in addition to cleanups of trash and debris in public rights-of-way and public facilities, City staff has come across hundreds of bike parts, bike frames, bike tires and wheels, and bike locks. Staff has also observed homeless individuals engaged in transporting multiple nonfunctioning bikes in addition to the assembling and disassembling of bikes on the public right-of-way.

Often, these bicycles are taken to public areas shortly after they are stolen, where they are dismantled and/or sold. Such open-air “bike chop shops” have been observed in the City, but at present, there is no mechanism for law or code enforcement officers to prevent such unauthorized activity in these areas and restore stolen items to their lawful owners.

ANALYSIS/JUSTIFICATION:

The ordinance proposes to add Chapter 9.14 to the Stanton Municipal Code to combat the increasing amount of bicycle thefts within the City and address the “bike chop shops” that facilitate the illegal sale and distribution of stolen bicycles. Among other things, the proposed Ordinance:
• Prohibits the assembly, disassembly, sale, offer for sale, distribution, or offer of distribution of bicycles and bicycle parts on public property or in the public right-ofway. It applies to persons possessing (1) two or more bicycles; (2) a bicycle frame with gear cables or brake cables cut; (3) one or more bicycles with missing functional parts; and (4) two or more bicycle parts not attached to a bicycle; • Exceptions are for individuals who are (1) operating under a valid City license or permit for such activities, (2) repairing a bicycle to render it operable, and (3) are the owner or lawful possessor of a bicycle or bicycle parts who is present during such repair activity with supporting documentation or other proof; • Prohibits the falsification of information in any documentation or other proof used to establish ownership or lawful possession of a bicycle or bicycle part; • Prohibits the tampering of bicycle license indicia or registration; • Prohibits individuals from leaving a bicycle on the sidewalk in a way that blocks an adequate path for pedestrian traffic;
• Authorizes law enforcement or City code enforcement staff to impound and retain possession of any bicycle or bicycle part found in violation of the Ordinance, subject to an individual’s due process rights to appeal an impound.

The Ordinance is proposed under the City’s police power to protect the health, welfare, and safety of its residents and improve the quality of life within the City.

FISCAL IMPACT:

If the proposed Ordinance is approved, Police Services and Code Enforcement could expend additional staff time to cite violators, and the City Attorney’s office could expend additional legal resources prosecuting violations of the new SMC chapter. The City Council may adopt impound fees to offset those costs.

ENVIRONMENTAL IMPACT:

In accordance with the requirements of California Environmental Quality Act (“CEQA”), the project is exempt from CEQA under Sections 15378 and Section 15061(b)(3) of the State CEQA Guidelines (Title 14 of the California Code of Regulations).

LEGAL REVIEW:

The City Attorney has prepared this agenda item.

PUBLIC NOTIFICATION:

Public notice was made through the regular agenda process.

STRATEGIC PLAN OBJECTIVE:

Obj. No. 1: Provide a safe community.

Prepared by: HongDao Nguyen, City Attorney
Reviewed by: James J. Wren, Public Safety Services Director Approved by: Hannah Shin-Heydorn, City Manager/Director of Emergency Services (if authorized)
ATTACHMENT:

A. Proposed Ordinance No. 1157
ORDINANCE NO. 1157

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ORDINANCE NO. 1157

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, AMENDING THE STANTON MUNICIPAL CODE BY ADDING CHAPTER 9.14

RELATING TO THE PROHIBITION ON REPAIRS AND SALES OF BICYCLES AND

BICYCLE PARTS ON PUBLIC PROPERTY
WHEREAS, the City of Stanton, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City encourages the use of bicycles in daily transportation for commuting and recreational purposes; and
WHEREAS, between 2019 through September 2024, there were approximately 140 reports of bicycle thefts within the City. Over the past five years, the number of thefts per year have generally increased year over year. Reports to law enforcement include complaints that bicycles had been stolen while they were parked in garages, patios, in front of commercial businesses, bicycle racks, and storage units. It is likely that not every incident was reported to law enforcement, and the number of actual thefts is likely much greater; and
WHEREAS, many stolen bicycles are dismantled in public areas and sold within days of being stolen, and, thus, there is a narrow window for bicycles to be recovered while they are being taken apart in public spaces before being sold; and WHEREAS, such open-air "bike chop shops" are regularly observed by City staff and law enforcement throughout the City, but confronting the illegal activities this practice supports is difficult without better tools to reduce the occurrences; and WHEREAS, City staff and law enforcement encounter hundreds of discarded bike parts including bike frames, bike pedals, bike locks, bike wheels and tires on private and public property in and around encampments; and
WHEREAS, prohibiting such activity and allowing removal of bicycles and/or bicycle parts from the public right-of-way and public property will help clear the public right-of-way and public property, prevent unauthorized commercial activity in these areas, and, if any items are lost or stolen, restore such items to their lawful owners and deter future bicycle theft; and
WHEREAS, the City is authorized pursuant to its police power from the California Constitution to protect the public health, welfare, and safety; and WHEREAS, pursuant to California Vehicle Code section 39002, the City is authorized to adopt an ordinance regulating the tampering of license indicia or bicycle serial numbers; and
Attachment: A
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ORDINANCE NO. 1157

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WHEREAS, pursuant to California Vehicle Code section 21210, the City is authorized to adopt an ordinance prohibiting bicycle parking in designated areas of the public; and WHEREAS, this Ordinance is also being considered pursuant to City Council Resolution No. 2024-40, a declaration of a Homelessness State of Emergency, if adopted by the City Council; and
WHEREAS, the City Council seeks to prohibit the storage, assembly, disassembly, sale, offer of sale, distribution, or offer of distribution of bicycles and bicycle parts on public property or public right-of-way, under certain conditions and with certain exceptions.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1: The foregoing Recitals are true and correct and are incorporated herein as part of this Ordinance as if fully set forth herein.

SECTION 2: This ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment as there is no possibility it will have a significant effect on the environment and it is not a "project', as defined in Section 15378 of the CEQA Guidelines.

SECTION 3: Chapter 9.14 is hereby added to the Stanton Municipal Code to read as follows: "Prohibition on Repairs and Sales of Bicycles and Bicycle Parts on Public Property."
“CHAPTER 9.14

PROHIBITION ON REPAIRS AND SALES OF BICYCLES AND BICYCLE PARTS ON

PUBLIC PROPERTY

9.14.010 — Repairs, sales, and storage on public property prohibited.

A. Except where otherwise stated in this Chapter, no person shall assemble, disassemble, sell, offer to sell, distribute, offer to distribute, or store the following items on any street, sidewalk, alley, public passageway, public right-of-way, public park, or other public property within the City:

1. Two (2) or more bicycles;

2. A bicycle frame with the gear cables or brake cables that are inoperable, cut, or missing;

3. One (1) or more bicycles with missing parts (the term "part" shall mean, without limitation, a handlebar, wheel, fork, pedal, crank, seat, chain, or other items or components that are attached to a bicycle that are necessary for its operation); or
ORDINANCE NO. 1157

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4. Two (2) or more bicycle parts that are not attached to a bicycle.

B. For purposes of this Chapter, “bicycle” shall include bicycle as defined in California Vehicle Code section 231 and electric bicycle as defined in California Vehicle Code section 312.5, as these sections are periodically amended.

C. For purposes of this Chapter a person who was riding their bicycle and who has dismounted the bicycle on any street, sidewalk, alley, public passageway, public right-of-way, public park, or other public property within the City for the purpose of repairing a tire or chain or other mechanism to render the bicycle operative shall not be in violation of this Chapter.

9.14.020 — Exceptions.

The prohibition contained in Section 9.14.010 of this Chapter shall not apply in any of the following situations:

A. An individual who is operating under a valid City of Stanton License or Permit authorizing such activities.

B. The owner or lawful possessor of a bicycle or bicycle part(s) who is present during the repair of their single bicycle or bicycle part, with valid documentation, proof, or supporting evidence to verify that they are in lawful possession of the bicycle or bicycle part(s). Supporting evidence for a claim of lawful ownership may include, but is not limited to:

1. Bill of sale from the original owner with the signature of the original owner, as well as the name, address, and telephone number of the original owner.

2. Video or photographic evidence demonstrating ownership.

3. Whether the bicycle or any bicycle parts retain their original serial number (as opposed to being filed off, for example).

4. Bicycle registration bearing the name and address of the individual claiming to be the owner or lawful possessor of the bicycle.

5. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the bicycle or bicycle parts.

9.14.030 — Falsification of records prohibited.

It is unlawful for any person to knowingly falsify or cause to be falsified any information in any documentation, proof, or other supporting evidence intended to show valid proof of ownership or possession of a bicycle or bicycle part(s).

ORDINANCE NO. 1157

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9.14.040 – Tampering with license indicia or registration It is unlawful for any person to tamper with, destroy, mutilate, or alter any license indicia or registration form, or to remove, alter, or mutilate the serial number, or the identifying marks of a licensing agency's identifying symbol, on any bicycle frame licensed under this division.

9.14.050 – Bicycle Parking
It is unlawful for any person to leave a bicycle on its side on any sidewalk, or shall park a bicycle on a sidewalk in any other position, so that there is not an adequate path for pedestrian traffic or ADA access.

9.14.060 – Impoundment of Bicycles
A. Impound means to seize or take custody of a bicycle or any bicycle parts (collectively “items”) because of a violation of any applicable law or regulation.

B. Impoundment authorization. Any city official, including a code compliance officer or inspector, law enforcement officer, firefighter, fire prevention specialist, or examiner may impound a bicycle or any bicycle parts used in violation of this Chapter.

C. The City shall provide the person from whom the items were taken at the time of impound with a receipt and instructions for retrieval of the impounded items. The receipt and instructions shall be given to the person from whom the items were taken at the time of impound.

D. Impounded items will be released to the owner provided that proper proof of ownership is presented, and the City receives payment in full of all administrative costs incurred as a result of the violation. Any unclaimed items will be considered abandoned and forfeited to the City after 60 days following impoundment. Pursuant to State law, the City shall not be liable for damages caused by any official action performed with due care regarding the disposition of items pursuant to this section and the disposal provisions of this chapter.

E. An individual may, within 21 calendar days of the impoundment, appeal the impoundment of their items by requesting an administrative hearing before a hearing officer in accordance with Section 1.12.100 and, if successful in their appeal, the individual may have their items returned, impound fee refunded, and shall not be required to pay the impound fee(s).

F. An individual may recover impounded items upon paying applicable impound fees and demonstrating proper proof of ownership of the items.

G. The City Council may adopt by ordinance or resolution impound fees, which shall reflect the City's personnel, enforcement, investigation, storage, disposal, and impound costs.

ORDINANCE NO. 1157

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H. The City Manager is authorized to develop additional regulations for the storage and release of impounded items not in conflict with this chapter.

9.14.070 — Violations.

A. Each and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Stanton Municipal Code. Each and every bicycle or bicycle part(s) unlawfully possessed is a separate violation of this chapter.

B. It is unlawful and an infraction for any person to violate any provision of this chapter.

C. The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law.

9.14.080 — Severability.

If any section, subsection, sentence, clause, phrase, or word of this Chapter 9.14, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality, or unenforceability.”
SECTION 4: The City Clerk shall certify to the passage of this ordinance by the City Council and cause it to be posted in three (3) conspicuous places in the City of Stanton, and it shall take effect on the thirty-first (31st) day after it is approved by the Mayor.

PASSED, APPROVED, AND ADOPTED this 10th day of December, 2024.

DAVID J. SHAWVER, MAYOR
ATTEST:

PATRICIA A. VAZQUEZ, CITY CLERK
ORDINANCE NO. 1157

Page 6 of 6 ends

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. 1157 was introduced at a regular meeting of the City Council of the City of Stanton, California, held on the 26th day of November, 2024 and was duly adopted at a regular meeting of the City Council held on the 10th day of December, 2024, by the following roll-call vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

PATRICIA A. VAZQUEZ, CITY CLERK
1 CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 26, 2024
SUBJECT: ILLUMINATION FOUNDATION LEASE AMENDMENT UPDATE AND

ACCESS TO TWO ADDITIONAL SHELTER BEDS
REPORT IN BRIEF:

The City is working collaboratively with the Illumination Foundation to secure two dedicated shelter beds to support the City’s efforts to provides services to individuals experiencing homelessness.

RECOMMENDED ACTION:

1. City Council find that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and

2. Receive and file.

BACKGROUND AND ANALYSIS:

The number of homeless persons in the City continues to increase, as demonstrated by the latest 2024 point-in-time count, which recorded 206 individuals experiencing homelessness in the City, an increase of 78 percent over the last five years, as provided in a report this evening titled “Resolution Finding and Declaring a Local Emergency Caused by Homelessness Crisis.” Despite the City’s significant efforts and investments in two regional navigation centers and three Project Homekey projects within the City, the current number of homeless individuals in the City far outpaces the number of available shelter beds, transitional housing, and permanent supportive housing available in the City or Orange County. In the face of these staggering odds and the City’s already significant funding and support of shelter and housing options, the City continues to seek out opportunities to support service-accepting individuals.

Item: 12D
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2 In 2012, the City and the Illumination Foundation, an Orange County-based 501(c)(3) nonprofit that provides comprehensive services for the homeless population, came together to begin working collaboratively on sustainable and effective solutions to support unhoused individuals within the Stanton community. Over the years, the partnership has implemented multiple strategies focused on innovative, cost-effective solutions.

The Illumination Foundation manages navigation center/shelter beds in a number of cities throughout Orange County. As part of the Illumination Foundation’s recent renewal of their lease with the City of Stanton, they have offered the City of Stanton dedicated access to two beds at an Anaheim facility. Staff from both agencies are finalizing the lease amendment details, and a proposed amendment will be presented to the Council in the coming months.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ENVIRONMENTAL IMPACT:

This item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment).

LEGAL REVIEW:

None.

PUBLIC NOTIFICATION:

Through the normal agenda posting process.

STRATEGIC PLAN OBJECTIVE ADDRESSED:

Obj. No. 1: Provide a safe community.

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

Prepared by: Hannah Shin-Heydorn, City Manager, as Director of Emergency Services, (if authorized)
Approved by: Hannah Shin-Heydorn, City Manager, as Director of Emergency Services, (if authorized)

CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 26, 2024
SUBJECT: VOLUNTARY HOUSING OPTIONS FOR RESIDENTS OF CITY-OWNED

PROPERTIES IN THE TINA PACIFIC NEIGHBORHOOD IN RESPONSE

TO HOMELESSNESS STATE OF EMERGENCY
REPORT IN BRIEF:

If the City Council adopts Resolution No. 2024-40 declaring a Homelessness State of Emergency, staff recommends the City Council approve the authorization of three voluntary housing options for residents of City-owned properties in the Tina Pacific Neighborhood pursuant to the Homelessness State of Emergency.

RECOMMENDED ACTIONS:

2. Authorize the City Manager, in her capacity as the City’s Director of Emergency Services, to provide and implement the following voluntary housing options to residents of City-owned properties in the Tina Pacific neighborhood related to the declaration of a Homelessness State of Emergency.
a. For tenants in good standing per their lease provisions (i.e., current in payment of rent and not in violation of any lease provisions), a voluntary option, by the tenant, to do any of the following:
i. Emergency permanent relocation following the requirements of the federal Uniform Relocation Assistance and Real Property Acquisition Act (URA)/California relocation program to permanent dwellings located outside of the Tina Pacific neighborhood;
ii. Relocation to an available Tina Pacific unit in a preferred building with a moving expense allowance in an effort to combine occupied units to form a fully-occupied 4-plex that is easier to secure; or
iii. Remain in their current unit with the understanding that the City will continue to serve as the landlord.

Item: 12E
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b. For tenants not in good standing per their lease provisions, a voluntary option, by the tenant, to do either of the following:
i. Relocation to an available Tina Pacific unit in a preferred building with a moving expense allowance in an effort to combine occupied units to form a fully-occupied 4-plex that is easier to secure; or
ii. Remain in their current unit with the understanding that the City will continue to serve as the landlord.

3. Make a finding that the City Council’s authorization is based upon Resolution No. 2024-40 declaring a Homelessness State of Emergency, this staff report, and oral and written testimony at the hearing on this item.

BACKGROUND:

The Tina Pacific Neighborhood is generally located in the northeast quadrant of the City, at the intersection of Magnolia and Pacific Aves. The site is approximately 10 acres, and the City owns 31 parcels, along with portions of two public streets and two public alleyways. The City maintains its properties as a landlord, and no project has ever been developed at the site.

Of the 31 parcels, 14 have fourplexes sited on them.
• Two fourplexes have tenants in all four units.
• Two fourplexes have tenants in three units, and one vacant unit. • Seven fourplexes have tenants in two units, and two vacant units. • Three fourplexes have tenants in one unit, and three vacant units. • Five of the 14 fourplexes have neighboring fourplexes with one or more vacant units.

Homelessness throughout the City has increased over the past five years, despite the City’s significant efforts to address and combat this issue. The City’s homeless population has exponentially increased since 2019. According to the County’s 2024 Point in Time Count, the City has experienced a 138 percent increase in its unsheltered population from 2019 to 2024, and a 78 percent total increase in its homeless population (including both sheltered and unsheltered individuals). (See https://ceo.ocgov.com/sites/ceo/files/2024- 05/2024%20PIT%20Summary%20-%20FINAL%205.16.24.pdf.)
Table 1. City of Stanton Point in Time Homeless Count
2019 to 2024
The City’s homeless population ranks as the fifth largest homeless population within the North Service Planning Area (SPA) even though, geographically, it is one of the smallest cities within the area at only 3.1 square miles. Only significantly larger North SPA cities (Anaheim, Fullerton, Buena Park, and Orange) have a higher homeless count. Among all 34 Orange County cities, the City’s homeless population ranks as the 11th largest.

The Tina Pacific neighborhood has been particularly impacted by the state of emergency.

Calls for service specifically identified as homelessness-related have increased by 162 percent from 2023 to 2024. In addition, the intensity and severity of complaints from Tina Pacific residents in relation to homelessness-related issues has increased over the last five months.

Table 2. City of Stanton Orange County Sheriff’s Department Homelessness-Related Calls for Service
Complaints made to City staff and property management within the last five months include:
• Homeless individuals have threatened to set fire to vacant units if residents keep reporting their illegal activities to the City and/or Orange County Sheriff’s Department.
• Homeless individuals have threatened residents with knives and makeshift weapons.
• Homeless individuals have cursed/swore in a threatening manner to residents. • Homeless individuals continuously break into boarded up vacant units. • Homeless individuals have set fires in vacant units and garages that destroyed the structures.
• Homeless individuals have broken into walls in between vacant units. • Homeless individuals have threatened to break into walls shared by occupied units.
• Homeless individuals have left drug paraphernalia inside vacant units and outside in common open areas, including used syringes, “whippet” canisters, used burnt foil, pipes, and prescription bottles with pills inside. • Homeless individuals scream and play loud music at all hours, preventing residents from being able to sleep and rest.
• Homeless individuals have been observed scoping out units. • Homeless individuals have stolen water pipes from vacant units. • Homeless individuals, through improper use of stolen water and electricity, have impacted the plumbing quality and electrical quality of residents in good standing. • Homeless individuals have stolen items from open garages.

In the last five months, approximately 35 documented requests have been made to City staff or property management regarding requests related to homeless individuals trespassing and harassing residents. It is possible that residents in the neighborhood have underreported issues at the site, and the actual number of incidents are higher.

Resident requests are in addition to the proactive efforts of both the property management company’s maintenance staff as well as City Code Enforcement and the Orange County Sheriff’s Department.

Based on the complaints received and observations made by the City’s property manager, law enforcement, and Code Enforcement, the severity of the issues, below, is a new development that started approximately in June 2024.

Date Agency Call Request
6/17/2024 OCFA Fire in vacant unit (8930 Pacific)
6/17/2024
City Code
Enforcement Fire in vacant unit (8930 Pacific)
6/21/2024 QMG Boarded up units at 3 4-plexes (8930, 8940, 8860) 7/25/2024 QMG Homeless squatters in unit, complaint made by resident 8/5/2024 QMG Boarded up units at 2 4-plexes (8930, 8940) 8/6/2024 QMG Boarded up units at 2 4-plexes (8930, 8940) 8/8/2024 QMG Boarded up units at 2 4-plexes (8930, 8940) 8/9/2024 QMG Boarded up units at 2 4-plexes (8930, 8940) 8/13/2024 City Public Works Board up request at Tina Pacific 8/14/2024 City Public Works Board up request at Tina Pacific 8/15/2024 QMG Boarded up units at 2 4-plexes (8911, 8940) 8/20/2024 QMG Boarded up units at 2 4-plexes (8930, 8940) 8/22/2024
City Code
Enforcement Homeless squatters in unit, complaint made by resident 9/9/2024 OCFA Fire in vacant unit (8940 Pacific)
9/9/2024
City Code
Enforcement Fire in vacant unit (8940 Pacific)
9/10/2024 QMG Homeless squatters in unit, complaint made by resident 9/11/2024 City Public Works Board up request at Tina Pacific 9/12/2024
City Code
Enforcement Board up request at Tina Pacific
9/16/2024 City Public Works Board up request at Tina Pacific (8920 Pacific St) 9/18/2024
City Code
Enforcement Homeless squatters in unit, complaint made by resident 9/20/2024 QMG
Board up units at 1 4-plex (8911), called plumber due to stolen pipes
and no hot water
9/23/2024
City Code
Enforcement Homeless squatters in unit, complaint made by resident 10/16/2024
City Code
Enforcement Homeless squatters in unit, complaint made by resident 10/22/2024
City Code
Enforcement Homeless squatters in unit, complaint made by resident 10/23/2024 QMG Reboarding units
10/24/2024 QMG Reboarding units
11/4/2024 QMG Verify presence of squatters
11/6/2024 QMG Boarded up units at 2 4-plexes (8950, 8961) 11/7/2024
City Code
Enforcement Homeless squatters in unit, complaint made by resident 11/7/2024
City Code
Enforcement Public Service Request app request (8961 Pacific) 11/10/2024
City Code
Enforcement Public Service Request app request (8951 Pacific) 11/10/2024
City Code
Enforcement Public Service Request app request (8961 Pacific) 11/13/2024 QMG Board up request at Tina Pacific
11/14/2024
City Code
Enforcement Homeless squatters in unit, complaint made by resident 11/14/2024
City Code
Enforcement Clean up trash and debris from squatters
ANALYSIS:

At its regular meeting on November 26, 2024, the City Council will also consider Resolution No. 2024-40, a Homelessness State of Emergency, which was prompted by homelessness-related issues that impact the entire City. Those impacts have driven homeless individuals to seek shelter in vacant Tina Pacific units. Without full occupancy, a four-plex structure is difficult to secure against trespassers who seek opportunities throughout the day and night to illegally trespass into a vacant unit, or into a unit they believe is vacant. In each instance, when City staff and the City’s property management are made aware that a vacant unit has been broken into, the City, its property manager, or its contractors re-board the vacant unit as quickly as possible. As the number of repeat break-ins have increased at the same sites, both the City and the City’s property management staff have utilized different strategies, materials, and locks to better secure vacant units. Residents are regularly informed that if an issue arises, they may call the City’s property manager or law enforcement. However, the homeless individuals are continuing to find ways to break in.

The City is authorized under its police power pursuant to the California Constitution to protect the health, welfare, and safety of its citizens. If the City Council adopts Resolution No. 2024-40 declaring a Homelessness State of Emergency, then the City is also empowered to “provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency.” (SMC § 2.64.010.) Moreover, as a landlord, the City is cognizant of its obligations to secure the vacant units.

Homelessness is at an emergency level throughout the City, including in the Tina Pacific neighborhood. Because of the emergency conditions and to support quality of life for Tina Pacific residents, staff is recommending that the City Council authorize the City Manager, as Director of Emergency Services, to provide the following options to residents of Cityowned properties in the Tina Pacific neighborhood in response to the Homelessness State of Emergency:
• For tenants in good standing per their lease provisions (i.e., current in payment of rent and not in violation of any lease provisions), a voluntary option, by the tenant, to do any of the following:
o Emergency permanent relocation following the requirements of the federal Uniform Relocation Assistance and Real Property Acquisition Act (URA)/California relocation program outside of the Tina Pacific neighborhood;
o Relocation to an available Tina Pacific unit in a preferred building with a moving expense allowance in an effort to combine occupied units to form a fully-occupied 4-plex that is easier to secure; or
o Remain in their current unit with the understanding that the City will continue to serves as the landlord.
c. For tenants not in good standing per their lease provisions, a voluntary option, by the tenant, to do either of the following:
o Relocation to an available Tina Pacific unit in a preferred building with a moving expense allowance in an effort to combine occupied units to form a fully-occupied 4-plex that is easier to secure; or
o Remain in their current unit with the understanding that the City will continue to serve as the landlord.

FISCAL IMPACT:

The City has sufficient funding for the recommended action in the City’s Housing Authority Fund. The total fiscal impact is unknown as moving allowances and relocation benefits vary from household to household based on a number of unique factors.

ENVIRONMENTAL IMPACT:

In accordance with the requirements of California Environmental Quality Act (“CEQA”), the project is exempt pursuant to Sections 15378(a) and 15061(b)(3) of the State CEQA Guidelines (Title 14 of the California Code of Regulations).

PUBLIC NOTIFICATION:

Public notice was made through the regular agenda process.

STRATEGIC PLAN OBJECTIVES:

Obj. No. 1: Provide a safe community.

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

Prepared by: Hannah Shin-Heydorn, City Manager/Director of Emergency Services (if authorized)
Reviewed by: HongDao Nguyen, City Attorney
Approved by: Hannah Shin-Heydorn, City Manager/Director of Emergency Services (if authorized)
1 CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 26, 2024
SUBJECT: CONSIDERATION OF ORDINANCE NO. 1150 AMENDING TITLE

20.400.330 REGARDING ACCESSORY DWELLING UNITS AND

JUNIOR ACCESSORY DWELLING UNITS TO COMPLY WITH RECENT

CHANGES IN STATE LAW AND FINDING THE ACTION TO BE
STATUTORILY EXEMPT FROM CEQA UNDER SECTION 21080.17 OF

THE PUBLIC RESOURCES CODE
REPORT IN BRIEF:

The proposed ordinance will amend Section 20.400.330 of the Stanton Municipal Code to comply with recent changes to state law that impose new limits on local authority to regulate Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JADUs”).

RECOMMENDED ACTION:

1. City Council receive the presentation for proposed Ordinance No. 1150; and

2. Waive the full reading, and introduce for first reading by title only, Ordinance No. 1150, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON AMENDING SECTION 20.400.330 OF THE CITY OF STANTON

MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS

AND JUNIOR ACCESSORY DWELLING UNITS AND FINDING THE

ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER
PUBLIC RESOURCES CODE § 21080.17”; and

3. Find that the adoption of the proposed ordinance is statutorily exempt from review under the California Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17; and

4. Set December 10, 2024, as the date for the public hearing and second reading for adoption of Ordinance No. 1150.

Item: 12F
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2 BACKGROUND:

The Planning Commission held a public hearing on November 6, 2024 to consider proposed Ordinance No. 1150 to amend Section 20.400.330 of the Stanton Municipal Code related to Accessory Dwelling Units and Junior Accessory Dwelling Units. The Planning Commission heard a presentation, deliberated and voted unanimously to recommend approval of Ordinance No. 1150.

ANALYSIS/JUSTIFICATION:

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. In 2024, the California Legislature approved, and the Governor signed into law, two new bills — AB 2533 and SB 1211 — that further amend state ADU law as summarized below.

AB 2533 – Unpermitted ADUs and JADUs
Subject to limited exceptions, existing state law prohibits a city from denying a permit to legalize an unpermitted ADU that was constructed before January 1, 2018, if the denial is based on the ADU not complying with applicable building, state or local ADU standards. One exception allows a city to deny a permit to legalize if the city makes a written finding that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure.

AB 2533 changes this by: (1) expanding the above prohibition to also include JADUs; (2) moving the construction-cutoff date from January 1, 2018, to January 1, 2020; and (3) replacing the above exception with a requirement that local agencies find that correcting the violation is necessary to comply with the standards specified in Health and Safety Code section 17920.3 (Substandard Buildings). (See amended Gov. Code, § 66332(a)–(f).)
SB 1211 – Replacement Parking Requirements; Multifamily ADUs Replacement Parking
Existing state law prohibits a city from requiring off-street parking spaces to be replaced when a garage, carport or covered parking structure is demolished in conjunction with the construction of, or conversion to, an ADU.

SB 1211 amends this prohibition to now also prohibit a city from requiring replacement parking when an uncovered parking space is demolished for or replaced with an ADU. (See amended Gov. Code, § 66314(d)(11).)
3 Multifamily ADUs
SB 1211 further defines livable space in connection with converted ADUs inside a multifamily dwelling structure. Existing state law requires the City to ministerially approve qualifying building-permit applications for 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 ….” The term “livable space” is not defined by existing state ADU law.

SB 1211 changes this by adding a new definition: “‘Livable space’ means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.” (See amended Gov. Code, § 66313(e).)
SB 1211 also increases the number of detached ADUs that lots with an existing multifamily dwelling can have. Existing state law allows a lot with an existing or proposed multifamily dwelling to have up to two detached ADUs.

Under SB 1211, a lot with an existing multifamily dwelling can have up to eight detached ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less. (See amended Gov. Code, § 66323(a)(4)(A)(ii).) SB 1211 does not alter the number of ADUs that a lot with a proposed multifamily dwelling can have — the limit remains at two. (See amended Gov. Code, § 66323(a)(4).) Next Steps and Recommendation
Both AB 2533 and SB 1211 take effect January 1, 2025. To remain valid, the City’s ADU ordinance must comply with requirements imposed by AB 2533 and SB 1211.

Adopting the proposed ordinance (Attachment A) ensures that the City’s ADU ordinance will be valid under AB 2533 and SB 1211.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ENVIRONMENTAL IMPACT:

Under California Public Resources Code section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313.

Therefore, the adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law.
4 LEGAL REVIEW:

The City Attorney’s Office provided guidance and oversight in the preparation of the proposed Ordinance to ensure compliance with state law.

STRATEGIC PLAN OBJECTIVE ADDRESSED:

Objective 5: Provide a high quality of life.

PUBLIC NOTIFICATION:

Notice of Public Hearing was published in the Orange County Register on November 15, 2024. The notice was also posted at three public locations and made public through the agenda-posting process.

Prepared by: Crystal Landavazo, Community and Economic Development Director Approved by: Hannah Shin-Heydorn, City Manager
Attachments:

A. Draft Ordinance No. 1150
B. Planning Commission Resolution No. 2570
ORDINANCE NO. 1150

Page 1 of 5 ends

ORDINANCE NO. 1150

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON AMENDING SECTION 20.400.330 OF THE CITY OF STANTON MUNICIPAL CODE RELATING TO

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS

AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE § 21080.17
WHEREAS, the City of Stanton, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2533 (“AB 2533”) and Senate Bill 1211 (“SB 1211”), which further amend state ADU law; and
WHEREAS, AB 2533 and SB 1211 take effect on January 1, 2025, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the requirements of AB 2533 and SB 1211; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect AB 2533’s and SB 1211’s changes to state law; and WHEREAS, on November 6, 2024, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning this proposed Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, on November 26, 2024, the City Council held a first reading and on December 10, 2024 held a duly-noticed public hearing and second reading to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

Attachment: A
Click here to return to the agenda.

ORDINANCE NO. 1150

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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1: The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2: 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 Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313. Therefore, adoption of the Ordinance is statutorily exempt from CEQA in that it implements state ADU law.

SECTION 3: The City Council hereby finds that the adoption of the Ordinance is consistent with the General Plan as a matter of law under Government Code section 66314(c). Based on all evidence in the record for the Ordinance and all other applicable information presented, the City Council finds that the proposed Ordinance is appropriate for the following reasons:

1. Consistency with City’s General Plan: The proposed Ordinance is consistent with the City’s General Plan, particularly Goal H-1.1, “Provide for a housing stock of sufficient quantity composed of a variety and range of types and costs.” Accessory Dwelling Unit and Junior Accessory Dwelling Units provide a unique type of housing that allow for increased housing stock in areas with low density where additional housing was previously not possible. The proposed amendment ensures that the City’s Ordinance remains updated with recent legislative changes so it can continue to offer this variety of housing types.

2. Adoption of Ordinance Will Not be Detrimental to the Public Interest, Health, Safety, Convenience, or Welfare: The proposed Ordinance will maintain the current zoning framework to allow Accessory Dwelling Units and Junior Accessory Dwelling Units without introducing new uses or conditions that could pose risks.

The proposed Ordinance will ensure the City’s regulations are reflective of legislative changes and are appropriate to ensure compliance with state requirements.

3. Consistency with Zoning Code: The Amendments are internally consistent with other provisions of the City’s Zoning Code, as they continue to allow development of Accessory Dwelling Units and Junior Accessory Dwelling Units. This Ordinance will bring the City’s regulations into compliance with legislative changes related ADU and JADU development and is necessary to maintain compliance. The Ordinance does not introduce any new uses or standards that are incompatible with other provisions of the Zoning Code.

ORDINANCE NO. 1150

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SECTION 4: Section 20.400.330 of the Stanton Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit “A-1,” attached hereto and incorporated herein by reference.

SECTION 5: This Ordinance takes effect 30 days after its adoption.

SECTION 6: In accordance with Government Code section 66326, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.

SECTION 7: The City Clerk is directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law.

SECTION 8: The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 7800 Katella Avenue, Stanton, CA 90680.

SECTION 9: Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

PASSED, APPROVED, AND ADOPTED this 10th day of December, 2024.

DAVID J. SHAWVER, MAYOR
ATTEST:

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

HONGDAO NGUYEN, CITY ATTORNEY
ORDINANCE NO. 1150

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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. 1150 was introduced at a regular meeting of the City Council of the City of Stanton, California, held on the 26th day of November, 2024 and was duly adopted at a regular meeting of the City Council held on the 10th day of December, 2024, by the following roll-call vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

PATRICIA A. VAZQUEZ, CITY CLERK
ORDINANCE NO. 1150

Page 5 of 5 ends

EXHIBIT A-1
Amended ADU Regulations
SMC 20.400.330
(follows this page)
EXHIBIT A-1
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 Chapter 13 of Division 1 of Title 7 of the 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)(8) 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:

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 20.700.70.

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.

ORDINANCE NO. 1150
- 7 -

5. “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies 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.
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 singlefamily 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. “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

7. “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.

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

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

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

11. “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.

12. “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:

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a. Converted on Single-family Lot: One ADU as described in this subsection (D)(1)(a) 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 single-family dwelling; and
iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
iv. The JADU complies with the requirements of Government Code section 65852.22 sections 66333 through 66339.
b. Limited Detached on Single-family Lot: One detached, new-construction 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)(a) above), if the detached ADU satisfies each of 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 does not exceed the applicable height limit 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, 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 multi-family dwelling with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following limitations:

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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.
iii. If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

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 of Community Development 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.
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 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 ORDINANCE NO. 1150
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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 Zoning.
a. An ADU 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 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.
c. In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

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 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 abovefrom existing legal the finished grade to the peak of the structure in compliance with Section

20.305.050.

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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 primary 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. An ADU or JADU may be rented, but, except as otherwise provided in Government Code section 65852.26 66341, 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. Septic System Prohibited. The ADU or JADU must connect to the sewer system, septic systems are prohibited for every ADU and JADU.

7. Owner Occupancy.
a. An ADUs created under this section on or after January 1, 2020, but before January 1, 2025, are is not subject to an 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. b. As required by state law, all JADUs are subject to an owner-occupancy 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 in this paragraph subsection (E)(7)(b) 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 66341, the ADU or JADU may not be sold separately from the primary dwelling.

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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.

9. Rent Reporting. In order to facilitate the city’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 66330, the following requirements must be satisfied:
a. With the building-permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
b. Within 90 days after each January 1 following issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the city does not receive the report within the 90-day period, the owner is in violation of this Code, and the city may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the city may enforce this provision in accordance with applicable law.

10. Building & Safety.
a. Must comply with building code. Subject to subsection (E)(10)(b) below, all ADUs and JADUs must comply with all local building code requirements.

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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)(10)(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.

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, front setback, lot coverage limit, or open-space 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 the ranges set in the table below, 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. 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.

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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 four-foot sideand 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.
a. ADUs that are subject to this subsection F must conform to 4-foot side and rear setbacks. ADUs that are subject to this subsection F must conform to 25-foot front setbacks, subject to subsection (F)(1)(c) above.
b. 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.

4. Lot Coverage. No ADU subject to this subsection F may cause the total lot coverage of the lot to exceed the maximums allowed in the below, 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%

5. 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.

6. Passageway. No passageway, as defined by subsection (C)(9) 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)(12) above.
b. Exceptions. No parking under subsection (F)(7)(a) is required in the following situations:

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i. The ADU is located within one-half mile walking distance of public transit, as defined in subsection (C)(11) 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 (singlefamily converted ADUs, not multi-family 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.
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, covered parking structure, or uncovered parking space 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 be the same architectural design and appearance as 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.

9. Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.

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10. Allowed Stories. No ADU subject to this subsection F may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph (E)(2)(d) of this section.

G. 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 ADU, divided by the floor area of the primary dwelling, 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 singlefamily lot, that are 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 that are not covered by subsection (G)(2)(b) above require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.
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 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.

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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.

2. Unpermitted ADUs and JADUs constructed before 2018 2020. a. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2018 2020, if denial is based on either of the following grounds:
i. The ADU or JADU violates applicable building standards, or ii. The ADU or JADU does not comply with state ADU or JADU 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 or JADU that was constructed before January 1, 2018 2020, 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 comply with the standards specified in California Health and Safety Code section 17920.3. 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. 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: (1) one onsite parking space is provided for each bedroom included in the ADU; and (2) replacement onsite parking spaces are provided for any parking spaces that are lost or converted to accommodate the ADU.
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RESOLUTION NO. 2570

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF STANTON, CALIFORNIA, RECOMMENDING

THAT THE CITY COUNCIL ADOPT AN ORDINANCE
AMENDING SECTION 20.400.330 OF THE STANTON

MUNICIPAL CODE RELATING TO ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY DWELLING

UNITS IN THE CITY, AND FINDING THE ACTION TO BE

STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC
RESOURCES CODE § 21080.17
WHEREAS, the City of Stanton, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, the Planning and Zoning Law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2533 (“AB 2533”) and Senate Bill 1211 (“SB 1211”), which further amend state ADU law;
WHEREAS, AB 2533 and SB 1211 take effect on January 1, 2025, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the requirements of AB 2533 and SB 1211; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect AB 2533’s and SB 1211’s changes to state law; and
WHEREAS, on October 3, 2024, the City gave public notice that the Planning Commission would conduct a public hearing to consider Zoning Code Amendment ZCA 24-04 by posting the public notice at three public places including Stanton City Hall, the Post Office, and the Stanton Community Services Center, and publishing the notice in the Orange County Register on October 4, 2024, and the Planning Commission agenda was made available through the agenda posting process; and
WHEREAS, the item was originally scheduled for the Planning Commission meeting of October 16, 2024, but the meeting was cancelled due to a lack of quorum, so the item was rescheduled to the meeting of November 6, 2024; and Attachment: B
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Resolution No. 2570
November 6, 2024
Pg. 2
WHEREAS, on November 6, 2024, the Planning Commission held a duly-noticed public hearing to consider the attached Ordinance; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
STANTON DOES RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS:

SECTION 1. Incorporation. The recitals above are true and correct and are each incorporated by reference and adopted as findings by the Planning Commission.

SECTION 2. CEQA. The Planning Commission recommends that the City Council find that, 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 Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313. Therefore, adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law.

SECTION 3. Based on all the evidence in the record, the Planning Commission has determined that amending Section 20.400.330 of the SMC, is necessary and finds that the proposed Zoning Code Amendments are appropriate for the following reasons:

The proposed Ordinance will ensure the City’s regulations are reflective of legislative changes and are appropriate to ensure compliance with state requirements.

3. Consistency with Zoning Code: The Amendments are internally consistent with other provisions of the City’s Zoning Code, as they continue to allow development of Accessory Dwelling Units and Junior Accessory Dwelling Units. This Ordinance Resolution No. 2570
November 6, 2024
Pg. 3
will bring the City’s regulations into compliance with legislative changes related ADU and JADU development and is necessary to maintain compliance. The Ordinance does not introduce any new uses or standards that are incompatible with other provisions of the Zoning Code.

SECTION 4. Recommendation. Given the foregoing, and based on the entire record before the Planning Commission, the Planning Commission hereby recommends that the City Council adopts Ordinance No. 1150, attached hereto as Exhibit “A” and incorporated by reference.

SECTION 5. Effective Date. This Resolution takes effect immediately upon adoption.

Section 6. Certification; Records. The Planning Secretary shall attest as to the adoption of this Resolution and cause the same to be maintained in the permanent records of the City.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission on the 6
th day of November 2024, by the following vote:

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ABSTAIN: COMMISSIONERS:

Thomas Adams, Chairperson
Stanton Planning Commission
Crystal Landavazo
Planning Commission Secretary
Tran, Ash, Frazier, Adams
Resolution No. 2570
November 6, 2024
Pg. 4
Exhibit “A”
Proposed Ordinance No. 1150
[Attached]
1 CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: November 26, 2024
SUBJECT: COMPARISON OF RENT CONTROL / RENT STABILIZATION

ORDINANCES FOR CITY COUNCIL DISCUSSION
REPORT IN BRIEF:

At their regular meeting of November 12, 2024, the City Council directed staff to locate ordinances prepared by the City of San Juan Capistrano and the City of Anaheim for their review and consideration. Staff researched these cities and found that San Juan Capistrano adopted an ordinance establishing a Municipal Code section titled, “Mobile Home Rent Control” in 1981 which was replaced by an ordinance, same title, in 1997.

The City of Anaheim Municipal Code does not have any chapters or sections with titles related to rent control or rent stabilization. However, in 2019, the City of Anaheim reviewed three ordinances, at two separate meetings, focused on thresholds for mobile home space rental rate increases. These ordinances have been attached to this staff report for the City Council’s review and discussion.

RECOMMENDED ACTION:

1. City Council find that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5)(Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and

2. Review the attached adopted ordinance from the City of San Juan Capistrano and the proposed ordinances from the City of Anaheim and provide staff with direction.

BACKGROUND:

On November 12, 2024, the City Council discussed the potential for a mobile home rent control/rent stabilization ordinance. During this discussion, the City of San Juan Capistrano was identified as having an existing ordinance. Additionally, during this discussion, the City of Anaheim was noted due to complications that they faced regarding the topic. The City Council determined additional information was needed and directed staff to provide the ordinance/proposed ordinances from both cities for their review.

Item: 12G
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2 ANALYSIS/JUSTIFICATION:

San Juan Capistrano
The City of San Juan Capistrano initially adopted an ordinance in 1981 introducing Article 9 (Mobile Home Rent Control) into their Municipal Code. In 1997, Ordinance 795 was adopted and amended Article 9 in its entirety. Generally, the Ordinance establishes that mobile home space rent may only be increased by the Consumer Price Index for all urban consumers (CPI-U). The Ordinance also establishes a petition and hearing procedure that may be filed by either an owner or resident regarding any proposed or actual increases that exceed the maximum allowable increase. Ordinance 795 has been attached to this staff report for the City Council’s review.

Anaheim
The City of Anaheim does not have regulations within its Municipal Code related to mobile home rent control, rent stabilization, rate increase thresholds, or any similar language. However, on April 16, 2019, the Anaheim City Council did review a proposed ordinance titled, “AN UNCODIFIED INTERIM ORDINANCE OF THE CITY OF

ANAHEIM IMPOSING A TEMPORARY RESTRICTION ON MOBILEHOME SPACE RENTAL RATE INCREASES THAT EXCEED THREE PERCENT (3%) ANNUALLY, OR THE CHANGE IN THE CONSUMER PRICE INDEX, WHICHEVER IS GREATER.” This Ordinance was proposed to be in place for 180 days, however, after deliberation the Ordinance was not adopted. On October 29, 2019, the Anaheim City Council reviewed an urgency ordinance and a permanent ordinance titled, “AN ORDINANCE OF THE

CITY OF ANAHEIM IMPOSING A RESTRICTION ON MOBILEHOME SITE RENTAL

RATE INCREASES IN EXCESS OF THOSE PERMITTED UNDER ASSEMBLY BILL 1482 (CALIFORNIA CIVIL CODE SECTION 1947.12).” These ordinances were not adopted. All three ordinances have been attached to this staff report for the City Council’s review.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ENVIRONMENTAL IMPACT:

This item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5)(Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and.

LEGAL REVIEW:

None.
3 STRATEGIC PLAN OBJECTIVE ADDRESSED:

None.

PUBLIC NOTIFICATION:

Through the normal agenda process.

Prepared by: Crystal Landavazo, Community and Economic Development Director Approved by: Hannah Shin-Heydorn, City Manager
Attachments:

A. City of San Juan Capistrano Ordinance No. 795
B. City of Anaheim Proposed Ordinance, presented April 16, 2019 C. City of Anaheim Proposed Urgency Ordinance, presented October 29, 2019 D. City of Anaheim Proposed Ordinance, presented October 29, 2019 I
ORDINANCE NO. 795

AN AMENPMENT

MUNICIPAL
TO fflLE 2, CHAPTER 2, ARTICLE 9 OF THE

CODE - MOBILE HOME RENT CONTROL
AN ORDINANCE OF THE • CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 2, CHAPTER 2, ARTICLE 9, OF THE

MUNICIPAL CODE RELATING TO MOBILE HOME RENT CONTROL

THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Amendment..

Title 2, Chapter 2, Article 9, is hereby amended in its entirety in accordance with Exhibit "A," attached hereto.

SECTION 2. Effective Date.

This Ordinance shall take effect and be in force thirty (30) days after its passage.

SECTION 3. City Clerk's Certification.

The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City· Clerk.

PASSED, APPROVED AND ADOPTED this 6th
_M_a�y ______ , 1997.

DAVID M.:SWERDLIN, MAYOR
ATTEST:
-1-
111
Attachment: A
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112

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss

CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSQN, • City Clerk of the City of San Juan Capistran'ci, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 795 which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on April 1s, . . . , 1997, and adopted at a meeting held on Ma 6 , 1997, by the following vote:

AYES:

NOES:

ABSTAJN:

ABSENT:
(SEAL)
Council Members Jones, Greiner, Hart and
Mayor Swerdlin
None
None
Council Member Campbell
-2-
EXHIBIT "A"
ARTICLE 9, MOBJLE HOME RENT CONTROL
"Sec. 2-2.901. Findings.

The Council finds and determines that:.
(a) There is presently, within the City and the surrounding areas, a shortage of spaces for the location of mobile homes, resulting in a low vacancy rate and rising space rents. (b) Mobile home owners have invested substantial sums in their mobile homes and appurtenances.
(c) Alternative sites for the relocation of mobile homes are difficult to find, and the moving and installation of mobile homes is expensive, with possibilities of damage to the units.

The Council, accordingly, does find and declare that it is necessary to protect the residents of mobile homes from unreasonable space rent increases, recognizing the need of mobile home park owners· to receive a fair, just, and reasonable return. (Sec, 1, Ord. 439, eff. November 3, 1981, as amended by Sec. 1, Ord. 507, eff. May 3, 1984.) Sec. 2-2.902. Definition.

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:
(a) • Assessment" shall mean the entire allocation of the cost of installing, improving, repairing, or maintaining any capital improvement benefiting the resident. (b) "Committee" shall mean the Housing Advisory Committee established under Title 2, Chapter 2, Article 2 of this Code.
(c) "Consumer Price Index" shall mean the Consumer Price Index for all urban consumers (CPI-U) published for the Los Angeles-Long Beach-Anaheim area. (d) "Maximum allowable increase" shall mean the maximum allowable increase in mobile home space rent an owner may charge, unless a higher increase is approved by the City after a petition and hearing as provided in this article. The maximum allowable increase shall be provided in this subsection (d) and shall be determined by either of the following formulae an owner may choose to apply:
(I) Take the operating expenses of the park for the twelve (12) month period immediately preceding the date upon which notification of any rent increase is to be made; multiply that sum by the percentage of increase in the CPI-U appearing in the latest published Consumer Price Index to arrive at the maximum allowable annual increase in rent for the entire park; and divide the number of units in the park to compute the maximum allowable annual rent increase (in dollars) for each space; or
(2) Secure the percentage of annual increase in the CPI-U for the calendar year immediarely preceding the one in which the rental adjustment is being made; multiply that figure by the rent to be adjusted to arrive at the maximum allowable rent increase percentage per year; and apply that product to each space rent.
(3) Effective April 1, 1988, the maximum allowable increase for rental adjustments occurring under this subsection shall be based upon the percentage of annual rise in the CPI-U for the previous calendar year. Any rental increase occurring between October 1, 1987 113
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and March 31, 1988 shall be subject to the maximum allowable increase computed with the annual rise of the CPI-U for the 1986 calendar year.
(4) The percentage increase computed by either of the methods set forth in this subsection shall be applied to each space and shall not be applied to the park's mean rent.

Moreover, there shall be no more than one increase in space rents within a park during any twelre (12) month period without the prior approval of the City. • "· •
(5) The occurrence of a vacancy in either a space within a park or a mobile home unit on a space within a park shall not result in a space rental increase in excess of the percentage increase allowed once during any twelve (12) month period by this subsection, unless it results from a petition duly heard and approved pursuant to Section 2-2.905. (e) "Owner" shall mean the owner, lessor, or designated agent of a park. (f) "Park" shall mean a mobile home park which rents spaces for mobile home dwelling units.
(g) "Rent" shall mean the consideration charged solely for the use and occupancy of a mobile home space in a park and shall not include any amount paid for the use of the mobile home dwelling unit or for facilities or amenities in a park, other than a mobile home space, or any other fees or charges regulated by a governmental agency and charged to residents on an actual usage and/or cost basis.
(h) "Resident" shall mean any person entitled to occupy a mobile home dwelling unit pursuant to the ownership thereof or a rental or lease arrangement with the owner of the subject dwelling unit. (Sec. 1, Ord. 439, eff. November 3, 1981, as amended by Sec. 1, Ord. 456, eff.

June 3, 1982, Sec. 1, Ord. 507, eff. May 3, 1984, and Sec. 1, Ord. 602.) Sec. 2-2.903. Petition and hearing process
regarding rent increases.
(a) Petition and hearing procedure. Upon the filing with the secretary of a written petition concerning a proposed or actual increase in rent filed by an owner or by residents who reside in and represent more titan fifty (50%) percent of the inhabited spaces within a park, excluding management, a hearing thereon shall be conducted by a Hearing Officer within sixty ( 60) calendar days, or as soon thereafter as is reasonably practicable, after the filing of the petition.

The hearing shall be conducted only in the event the petition is filed with the secretary thirty (30) calendar days following the effective date of the rent increase which is the subject of the petition.

The Hearing Officer shall be chosen and a hearing conducted in accordance with the Hearing Officer procedure established by the Council.
(b) Purpose of hearings. At the hearing on such petition, the Hearing Officer shall conduct an investigation to determine if the rent increase in question exceeds the maximum allowable increase as defined in subsection (d) of Section 2-2.902 of this article. If the Hearing Officer concludes tlmt the rent increase exceeds the maximum allowable increase, the Hearing Officer shall then continue the hearing by receiving all relevant evidence for the purpose of rendering findings and conclusions a� to the propriety of the rent increase in accordance with the criteria set forth in subsection (g) of this section.

The Hearing Officer may require either party to a hearing on the petition to provide any books, records, and papers deemed pertinent, in addition to that information previously set forth by the parties.
(c) Hearing Officer recommendations. Within thirty (30) days after concluding the hearing, the Hearing Officer shall render written findings and conclusions as to the proprie�:of the rent increase to the Housing Advisory Committee. The Hearing Officer recommendatlons shall not be binding.
( d) Committee reviews of Hearing Officer findings. The Housing Advisory Committee shall review the findings and conclusions of the Hearing Officer at its next available meeting. Its scope of review shall be limited to the written record consisting of the evidence received by the Hearing Officer, written arguments of the parties, findings of the Hearing Officer, other relevant matters as complied by the secretary of the Committee, and additional oral or written arguments the parties may wish to make. However, the Committee shall not receive or consider any additional evidence.

The Housing Advisory Committee shal! give ten (10) days prior written notice of its meeting to ihe parties.
(e) Council reviews. The Council shall review the findings of the Hearing Officer and the recommendations of the Housing Advisory Committee as soon as reasonably practicable. The Council shall not reopen the hearing held by the Hearing Officer for the purpose of receiving new evidence unless, in the discretion of the Council, it is necessary to do so.

The Council may affirm, modify, or reverse the rent increase in question, but in no case require a reduction lower than the maximum allowable increase.

The Council shall render written findings in support of its conclusions within thirty (30) days after its meeting, and the decision of the Council shall be final. (f) Return of excess rents collected. Any rent increases which are collected by an owner pursuant to an increase which is the subject of a petition for hearing, and which later is determined by the Council to exceed the maximum allowable increase, or such greater increase as the Council approves, shall be eitber returned to the residents or credited to future space rents; provided, however, no increase collected prior to December 5, 1980, shall be returned. (g) Criteria to be utilized in rent increase reviews.
(1) Purpose of reviews. The Hearing Officer, the Housing Advisory Committee, and the Council shall review the rent increase to determine whether the increase is, or is not, fair and reasonable. Such review shall be conducted by applying the non-exclusive criteria set forth in subsection (2) of this subsection (g) to the facts submitted to the Hearing Officer.
(2) Non-exclusive criteria. The Hearing Officer, the Committee, and the Council shall consider all relevant factors, including, but not limited to, increased or decreased costs to the mobile home park owner attributable to utility rates, property taxes, insurance, advertising, governmental assessments, cost-of-living increases attributable to incidental services, normal repairs and maintenance, capital improvements, except those defined in subsection (h) of this section, the upgrading and addition of amenities for services, except as defined in subsection (h) of this section, and a fair rate of return on the property. (3) Fair rate of return on property criteria. The Council finds and declares that the following principles shall be applied in utilizing the fair rate of return on property standard as a criterion in the review process:
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(i) All the provisions of this article shall be applied with the overall purpose of eliminating the imposition of excessive rents while at the same time providing park owners with a just and reasonable return on property.
(ii) The reasonableness of rent increases is not to be determined solely by the application of a fixed or mechanical accounting formula, sµch as "return on investment" or "return on market value" of the property; in particular, recent court decisions have discouragid the use of a "return on market value" test.
(iii) The fair rate of return on property is but one of a number of nonexclusive factors to be taken into account in reviewing the fairness of rent increases; it is to be given weight, but not to dominate other relevant criteria in arriving at a final determination. (iv) The Hearing Officer, the Committee, and the Council shall impartially consider all relevant evidence in relation to the application of the non-exclusive criteria. The extent to which the criteria are considered in the review process, that is, the amount of weight given to any one of the several criteria, ultimately falls within the wisdom and best judgment of_ said three (3) bodies.
(v) In conducting the entire process, guidance should be taken from leading California case law decisions dealing with rent control issues and in particular, rent control in mobile home parks. Such cases include: Birkenfeld v. City of Berkeley (1976), 17 C.3d 165; Gregory v. City of San Juan Capistrano (1983), 142 C.A.3d 8; Cotati °
Alliance for Better Housing
v. Cotati (1983), 143 C.A.3d 296; Palisades Shores v. City of Los Angeles (1983), 143 C.A.3d 369; Oceanside Mobile Home Park Owners Association v. City of Oceanside (1984), 157 C.A.3d 887; and Carson Mobile Home Park Owners Association v. City of Carson (1983), 35 C.3d 184. (h) Rent increases and capital improvement upgrade costs. (1) Capital Improvement upgrade cost�. Only those capital improvement costs incurred to upgrade through additions, alterations or replacements, park facilities, assets, or amenities, shall not be recouped from residents through rent increases, or any other special assessment, unless the following procedure is first followed:
(i) The park owner shall first inform by first-class mail all park residents of the exact nature, approximate cost, biUing method, and billing duration of the proposed capital improvement upgrade by written notice.
(ii) After allowing the residents a reasonable period of time ( of not less than thirty [30) days) to consider whe\her the capital improvement cost is one the residents believe is necessary and desirable, the park owner shall then obtain formal written consent on a form approved by the City from a simple majority of the total number of resident� in the park. The simple majority shall be calculated on the basis of one vote per coach space. (iii) 'The costs of the capital improvement upgrade shall be prorated and billed in a method mutually acceptable to the park owner and the residents.

For the purposes of this subsection, "to upgrade" shall mean to raise to a substantially higher quality, or to substantially improve, the existing level of service. Examples of capital improvement upgrades include, but are not limited to, swimming pools, spas, tennis courts, clubhouses, clubhouse additions, fencing, children's play equipment, and other similar improvements.
(2) Exceptions for governmentally mandated costs. Capital improvement upgrade costs incurred because of the application of current day Building Codes, such as, but not limited to, City Building Codes, Health and Safety Codes, and State, Federal, and Fire Codes, shall be exempted from the resident consent provision set forth in subsection (1) of this subsection (h). The park owner shall obtain a written statement from the Building Official verifying that the subject capital improvement upgrade arose from the more stringent current day Building Code requirements before the exception set forth in this subsection may be utilized by the park owner. (i) Leasehold agreement exemptions. Notwitl1standing any provision of this article to the contrary, leasehold agreements (that is, leases other than tenancies at will or month-to-month) entered into between mobile home park owners· and their residents shaii"be exempted from the operation of the petition and hearing review process. (ii) Forms. The City Manager is authorized and directed to develop and require the completion of forms by interested parties at the time a petition is received by the secretary. Until such forms are completed to the satisfaction of the City Manager, or his designated representative, the petition and hearing process shall proceed no further. (Sec. 1, Ord. 439, eff. November 3, 1981, as amended by Sec. 1; Ord. 456, eff. June 3, 1982, Sec. 1, Ord. 507, eff. May 3, 1984, Sec. 1, Ord. 526, eff. January 3, 1985, and Sec. 1, Ord. 545, eff.

July 18, 1985.)
Sec. 2-2.904, Hearing Officer costs. Fee reimbursement. (a) Administrative fee. There is hereby instituted a $1,000.00 fee to be paid to the City for costs incurred in invoking the hearing officer procedure set forth in Section 2-2.903. (b) $500. 00 deposit. At the time the park residents file a petition in protest of a proposed increase, the petitioners shall simultaneously post a $500.00 deposit with the Secretary to the Housing Advisory Committee. The Secretary shall find that the petition is incomplete if the $500.00 deposit is not posted. Further, the statute of limitation period of thirty (30) days from the effective date of a rent increase shall continue to run in the event that the petition has been found to be incomplete.

If the petition is in order and the deposit has been posted, the City shall promptly notify the park owner that the hearing procedure will be invoked and that the park owner shall, within ten (10) days of receipt of notice, post a $500.00 deposit equal to the petitioners' deposit. Should the park owner not post the $500.00 deposit within tlie ten (10) day time limit, the residents shall be under no legal obligation to pay the proposed rent increase. (c) Responsibility for payment of administrative fee. At the conclusion of the administrative hearing, the Hearing Officer, as a part of his responsibility to make findings, shall make a recommendation as to the percentage that each party is to pay in satisfying the $1,000.00 administrative fee. The City Council shall make a final decision regarding the Hearing Officer's determination based upon the final rent award.
(d) Remedies for nonpayment of administrative fee. Should any party refuse to pay his portion of the required administrative fee, the City may pursue any civil remedy available, or in the alternative, refuse to process a future petition by the same petitioners. In the case of park owner nonpayment, park tenant� shall not be obligated to pay proposed rent increases until the administrative fee debt has been satisfied. (Sec 2-2.902, Ord. 439, eff. November 3, 1981, was repealed by Ord. 507, eff. May 3, 1984, and added by Sec. 1, Ord. 613, eff. December 31, 1987)."
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ORDINANCE NO.

AN UNCODIFIED INTERIM ORDINANCE OF THE CITY

OF ANAHEIM IMPOSING A TEMPORARY RESTRICTION

ON MOBILEHOME SPACE RENTAL RATE INCREASES
THAT EXCEED THREE PERCENT (3%) ANNUALLY, OR

THE CHANGE IN THE CONSUMER PRICE INDEX,

WHICHEVER IS GREATER
WHEREAS, in March of 2019, the City Anaheim ("Anaheim" or "City") was notified that the owner of Rancho La Paz Mobilehome Park ("La Paz"), an age restricted (55+). community, had issued notices to its residents of monthly base rent increases in excess of forty percent (40%) effective June 1, 2019.

WHERAS, the City subsequently received information that the La Paz ownership had withdrawn the notices of proposed rent increases and was delaying any rent modifications until at least September 1, 2019; and
WHEREAS, the notices issued to the La Paz residents highlighted the situation faced by many of the residents who reside at mobilehome parks in Anaheim, a significant number of whom are elderly, live on fixed incomes, and cannot afford a precipitous increase in rent; and WHEREAS, there are approximately 27 mobilehome parks in Anaheim, a substantial number of which serve as the primary residences of senior citizens on fixed incomes and/or low and moderate income households; and
WHEREAS, housing costs in Orange County have significantly increased in recent years, and mobilehomes are a much-needed affordable housing option for Anaheim's lower income residents; and
WHEREAS, because a mobilehome is affixed to the property on-which it resides, it is generally not cost effective to move it, resulting in the owner losing the mobile home if he or she cannot pay the rent imposed by the landlord; and
WHEREAS, the situation confronting La Paz residents, as outlined in their oral and written communications, suggest the economic conditions and recognized housing shortage in Southern California has the potential to detrimentally impact a substantial number of mobilehome residents in Anaheim, and impose a particular hardship on senior citizens, persons living on fixed incomes, and other vulnerable persons living in mobilehome parks in Anaheim; and
WHEREAS, many of the elderly residents of La Paz reported that they would become homeless if their rents were increased as originally planned, and the same may be true if other mobilehome park owners were to impose significant rent increases; and I
Attachment: B
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ORDINANCE NO.

AN URGENCY ORDINANCE OF THE CITY OF ANAHEIM

IMPOSING A RESTRICTION ON MOBILEHOME SITE

RENTAL RATE INCREASES IN EXCESS OF THOSE
PERMITTED UNDER ASSEMBLY BILL 1482
(CALIFORNIA CIVIL CODE SECTION 1947.12)
WHEREAS, the City of Anaheim, along with other Southern California cities, is experiencing a humanitarian crisis of homelessness and displacement of renters; and WHEREAS, there are approximately 27 mobilehome parks in Anaheim, a significant number of which serve as the primary residences of senior citizens on fixed incomes and/or low and moderate income households; and
WHEREAS, housing costs in Orange County have significantly increased in recent years, and mobilehomes are a much-needed affordable housing option for Anaheim's lower income residents; and
' WHEREAS, because a mobilehome is affixed to the property on which it resides, it is generally not cost effective to move it, resulting in the owner losing the mobilehome if he or she cannot pay the rent imposed by the landlord; and
WHEREAS, the economic conditions and recognized housing shortage in Southern California detrimentally impact a substantial number of mobilehome residents in Anaheim and constitute a threat to public health, safety and welfare, and a particular hardship for senior citizens, persons living on fixed incomes, and other vulnerable persons living in mobilehome parks in Anaheim; and
WHEREAS, Anaheim is working diligently to care for and assist its homeless population, and has opened and funded three homeless shelters in the past several months to meet the needs of its homeless residents; and
WHEREAS, increasing the number of homeless residents in Anaheim, particularly elderly residents who may be in need of medical or other care, creates a public health and safety risk; and
WHEREAS, on October 8, 2019, California Governor Gavin Newson approved the Tenant Protection Act of 2019, Assembly Bill 1482 ("AB 1482"), an act adding and repealing Sections 1946.2, 1947.12, and 1947.13 of the California Civil Code, effective beginning January 1, 2020, which prohibits evictions without "just cause" and prevents owners of residential rental property from increasing rents each year more than 5 percent plus the percentage change in the cost of living or 10 percent, whichever is lower; and
WHEREAS, as codified, AB 1482 does not apply to mobilehome tenancies; and I
Attachment: C
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ORDINANCE NO.

AN ORDINANCE OF THE CITY OF ANAHEIM IMPOSING

A RESTRICTION ON MOBILEHOME SITE RENTAL RATE

INCREASES IN EXCESS OF THOSE PERMITTED UNDER
ASSEMBLY BILL 1482 (CALIFORNIA CIVIL CODE
SECTION 1947.12)
WHEREAS, the City of Anaheim, along with other Southern California cities, is experiencing a humanitarian crisis of homelessness and displacement of renters; and WHEREAS, there are approximately 27 mobilehome parks in Anaheim, a significant number of which serve as the primary residences of senior citizens on fixed incomes and/or low and moderate income households; and
WHEREAS, housing costs in Orange County have significantly increased in recent years, and mobilehomes are a much-needed affordable housing option for Anaheim's lower income residents; and
WHEREAS, because a mobilehome is affixed to the property on which it resides, it is generally not cost effective to move it, resulting in the owner losing the mobilehome if he or she cannot pay the rent imposed by the landlord; and
WHEREAS, the economic conditions and recognized housing shortage in Southern California detrimentally impact a substantial number of mobilehome residents in Anaheim and constitute a threat to public health, safety and welfare, and a particular hardship for senior citizens, persons living on fixed incomes, and other vulnerable persons living in mobilehome parks in Anaheim; and
WHEREAS, Anaheim is working diligently to care for and assist its homeless population, and has opened and funded three homeless shelters in the past several months to meet the needs of its homeless residents; and
WHEREAS, increasing the number of homeless residents in Anaheim, particularly elderly residents who may be in need of medical or other care, creates a public health and safety risk; and
WHEREAS, on October 8, 2019, California Governor Gavin Newson approved the Tenant Protection Act of 2019, Assembly Bill 1482 ("AB 1482"), an act adding and repealing Sections 1946.2, 1947.12, and 1947.13 of the California Civil Code, effective beginning January 1, 2020, which prohibits evictions without ''.just cause" and prevents owners of residential rental property from increasing rents each year more than 5 percent plus the percentage change in the cost of living or 10 percent, whichever is lower; and
WHEREAS, as codified, AB 1482 does not apply to mobilehome tenancies; and I
Attachment: D
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City Council Initiated
Item 15D
Item 15D:
“Discussion regarding the 2025, 4th of July Holiday
Season within the City.”
(This item does not contain a staff report)
Item: 15D
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Stanton City CouncilNovember 26, 2024

Stanton City Council
November 26, 2024