Stanton City Council
December 10, 2024

ORDINANCE NO. 1154

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA AMENDING AND RESTATING CHAPTER 9.52 OF THE STANTON MUNICIPAL CODE

REGARDING PUBLIC LODGING FACILITIES REGULATIONS, AMENDING THE REFERENCE TO “LODGING – HOTEL OR MOTEL” IN SECTION 20.215.020, TABLE 2-5, AMENDING THE REFERENCE TO “LODGING” IN TABLE 2-11 OF SECTION

20.30.040, AND FINDING THE ORDINANCE TO BE EXEMPT FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15060(c)(2) AND 15060(c)(3)

AND ALTERNATIVELY CATEGORICALLY EXEMPT PURSUANT TO SECTIONS 15301 AND 15061(b)(3) OF STATE CEQA GUIDELINES
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, pursuant to Cal. Const. Art. XI, Sec. 7 and under the City’s general police powers, the City is empowered and charged with responsibility for the health, safety, and welfare of its citizens; and
WHEREAS, the City protects the health, safety, and welfare of the community through numerous avenues, including by establishing and enforcing zoning, licensing and health, and safety regulations on specified commercial activities; and WHEREAS, the City has observed ongoing criminal activity originating from public lodging facilities, such as hotels, motels, and other similar public lodging facilities, within the City, leading deputies of the Orange County Sheriff Department (“OCSD”) to respond annually to hundreds of calls related to illicit sexual activities, suspected human trafficking, narcotics violations, stolen vehicles, weapon possession, probation and parole violations, burglary, robbery, gang activity, assaults, and assaults with deadly weapons; and
WHEREAS, as of November 30, 2023, City staff research reveals that OCSD responded to at least 443 service calls in 2023 addressing criminal issues at motel establishments within the City. That cumulatively amounts to approximately 480 hours of dedicated law enforcement response; and
WHEREAS, staff research further revealed that the City spends an estimated $16.2 million on law enforcement and public safety on an annual basis; and WHEREAS, public lodging facilities where unlawful activities are not curtailed pose substantial and immediate threats to the health, safety, and welfare of the community.

These detrimental effects encompass, among other things: (1) potential harm to patrons arising from criminal acts committed at these locations; (2) injury risks to patrons and employees due to insufficient safety and security standards; and (3) heightened risk of prostitution and human trafficking activities; and
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ORDINANCE NO. 1154

WHEREAS, the impact of criminal activities at public lodging facilities are not confined to the premises alone, but also extend into the broader community and further affect the operations of regional facilities, such as hospitals and correctional facilities; and WHEREAS, to combat these issues, the City Council adopted Interim Ordinance Urgency Ordinance No. 1136 at its December 12, 2023, meeting to institute a 45-day moratorium to provide staff with time to research, study, and prepare recommendations for the Council’s consideration (the “Moratorium”); and
WHEREAS, at its January 9, 2024, meeting, the City Council adopted Urgency Ordinance No. 1137 to extend the Moratorium for an additional 10 months and 15 days to provide staff with additional time to research, study, and prepare recommendations for the Council’s consideration; and
WHEREAS, this Moratorium restricts the establishment of new public lodging, lodging facilities, or lodging businesses within the City and prohibits the expansion, enlargement, or alteration of their physical footprints. It further restricts the City from issuing any use permit, license, variance, building permit, business license, or other applicable entitlement, license, permit, or approval for the establishment, expansion, enlargement, or alteration of any public lodging, lodging facility, or lodging business within the City during the Moratorium with some exceptions for ordinary repairs and maintenance for existing businesses or where required by law; and
WHEREAS, throughout the duration of the Moratorium, City staff, in collaboration with OCSD and the City Attorney's office, has conducted research to understand the impacts of public lodging facilities and uses on community welfare and explored potential amendments to the City's regulatory process and zoning codes to protect public health, safety, and welfare and mitigate potential illegalities occurring at these establishments; and
WHEREAS, Chapter 9.52 of the Stanton Municipal Code contains regulations intended to address the negative impacts caused by public lodging facilities. Despite these regulations, public lodging facilities continue to present challenges in maintaining public safety and preventing criminal activity, which in turn adversely affects the health, safety, and welfare of the community and degrades the overall quality of life in the City; and WHEREAS, the proposed ordinance (“Ordinance”) strengthens operational standards for public lodging facilities, enhances accountability for operators, introduces stricter enforcement mechanisms, including a new regulatory inspection program, and includes an amendment to the City’s Zoning Code to require a conditional use permit for lodging facilities in certain zoning districts; and
WHEREAS, on November 20, 2024, the Planning Commission conducted and concluded a duly noticed public hearing concerning the Ordinance contained herein as required by law and following receipt of all public testimony closed the hearing on that date, and adopted Resolution No. 2571; and
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WHEREAS, the City Council conducted a duly noticed public hearing on December 10, 2024, at which members of the public were afforded an opportunity to comment on this Ordinance, the recommendations of staff, and other public testimony; and WHEREAS, this Ordinance was scheduled for a second reading on January 14, 2025 before the City Council; and
WHEREAS, all legal preconditions to the adoption of this Ordinance have occurred.

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

SECTION 1: Recitals. The recitals set forth above are true and correct and are hereby adopted as findings in support of this Ordinance as if fully set forth herein.

SECTION 2: CEQA. The City Council finds that this Ordinance 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. The State CEQA Guidelines provide that “[a]n activity is not subject to CEQA if … the activity is not a project as defined in Section 15378.” (State CEQA Guidelines, § 15060(c).) Here, the Ordinance does not qualify as a “project” as defined in State CEQA Guidelines section 15378 for at least two different reasons: First, Section 15378 defines a project as an activity that “has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” (State CEQA Guidelines, § 15378(a).) The Ordinance updates existing operational standards for public lodging facilities and requires a conditional use permit to operate public lodging facilities within certain zoning districts. Such actions will not result in a direct or reasonably foreseeable indirect physical change in the environment. Accordingly, the Ordinance is not a “project” subject to CEQA. (State CEQA Guidelines, § 15060(c)(2).) Second, Section 15378 explicitly excludes from its definition of “project” the following:
“organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.” (State CEQA Guidelines, §§ 15378(b)(5); 15060(c)(3).) The Ordinance constitutes an organizational or administrative activity that will not result in a physical change in the environment, and it therefore is not subject to CEQA.

Even if the Ordinance is considered a “project” subject to CEQA, it is categorically exempt pursuant to State CEQA Guidelines Section 15301 because it involves updating existing regulations over public lodging facilities within existing private structures with negligible or no expansion of existing or former use. In addition, the proposed Ordinance is exempt from CEQA pursuant to the “common sense” exemption under CEQA Guidelines section 15061(b)(3) because there is no possibility that the Ordinance might have a significant effect on the environment. The Ordinance merely updates the existing regulatory standards of public lodging facilities and requires a conditional use permit to operate such a facility within certain zoning districts.

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Lastly, none of the exceptions to the use of categorical exemptions identified in State CEQA Guidelines section 15300.2 apply: there is no potential for cumulative impacts; there are no unusual circumstances that would have a significant impact on the environment due to the adoption of the amendments; the Ordinance would not negatively impact scenic resources within a duly designated scenic highway; there is no record of hazardous waste and the Ordinance has no potential to impact historic resources.

Staff is directed to file a Notice of Exemption for this Ordinance with the County Clerk and the State Clearinghouse in accordance with State CEQA Guidelines.

SECTION 3: Findings. Government Code Sections 65860 and 65855 requires a city's zoning ordinance to be consistent with the general plan. Based on all evidence in the record for the Zoning Code Amendment and all other applicable information presented, the City Council finds that the proposed Code Amendment is appropriate for the following reasons:

1. Consistency with City’s General Plan: By introducing enhanced operational controls and conditional use permit requirements, the Ordinance helps ensure that public lodging facilities contribute to overall community safety consistent with Community Health & Safety Element (“CHS”) of the General Plan. More specifically, the Ordinance supports efforts to enhance public safety through effective oversight and management in furtherance of Goal CHS-4.3 of the City’s General Plan. The Ordinance is also consistent with Action CHS-4.3.1(c), as it encourages the City to evaluate and potentially enhance law enforcement services by addressing challenges commonly associated with public lodging facilities, such as security and operational concerns. Furthermore, the Ordinance supports Goal CHS-4.4, which promotes safe communities, by discouraging criminal activity.

2. Adoption of Ordinance Will Not be Detrimental to the Public Interest, Health, Safety, Convenience, or Welfare: By updating the regulatory and operational standards for public lodging facilities, the Ordinance promotes more effective oversight and ensures that these facilities operate in a manner that aligns with the City’s commitment to maintaining a high quality of life for its residents and visitors.

The Ordinance further enhances operational requirements and land use controls to ensure that lodging facilities are appropriately regulated to advance the public health, safety, and welfare of the community.

3. Consistency with Zoning Code: The proposed Ordinance is consistent with the City’s Zoning Code, as it strengthens existing regulations for public lodging facilities in line with the Code’s broader goals of ensuring responsible land use. By updating existing operational, sanitary, and security standards for public lodging facilities and introducing conditional use permit requirements in certain zoning districts, the Ordinance provides a more tailored approach to regulating such facilities to ensure they operate in a manner that is compatible with surrounding land uses and community objectives.

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SECTION 4: Chapter 9.52 (Public Lodging) of the Stanton Municipal Code is hereby amended in its entirety and restated to read as follows (additions in underline, deletions in strikethrough):
“Chapter 9.52 Public Lodging

9.52.010 – Findings and definitions.

9.52.020 – Administration and enforcement.

9.52.040 – Registration required.

9.52.050 – Inspection of register, alterations.

9.52.060 – Registering under fictitious name prohibited.

9.52.070 – repeated use of room prohibited.

9.52.080 – Hourly room rates prohibited.

9.52.090 – Maintenance standards.

9.52.100 – Sanitation requirements – General.

9.52.110 – Toilet rooms and bathing facilities.

9.52.120 – Sleeping rooms – Air space.

9.52.130 – Sleeping rooms – Overcrowding and other unhealthful conditions prohibited.

9.52.140 – Linen and bedding for transient guest accommodations.

9.52.150 – Security measures.

9.52.160 – Amortization period.

9.52.170 – Enforcement.

9.52.180 – Operational Requirements.

9.52.190 – Guest Standards.

9.52.200 – Parking by Permit.

9.52.210 – Occupancy by Minors.

9.52.220 – Human Trafficking Notice.

9.52.230 – Certificate of Compliance Registration.

9.52.240 – Denial of Renewal; Certificate of Compliance Revocation.

9.52.250 – Inspections; Notice and Order to Comply.

9.52.260 – Appeals.

9.52.270 – Duplicated Regulation.

9.52.010 Findings and definitions.

A. The purpose of this chapter is to prevent the development of the nuisance conditions associated with health and sanitation. In addition, the purpose of this Chapter chapter is to prevent criminal activity associated with public lodging facilities.

B. The regulations set forth in this Chapter chapter are reasonably related to the accomplishment of this purpose and will not unduly interfere with the legitimate operation of public lodgings within the city.

C. As used in this chapter, "public lodging facility" means any hotel, motel, lodginghouse, boardinghouse, bed and breakfast inn, trailer court, or similar public ORDINANCE NO. 1154

lodging facility. For purposes of this Chapter, the following definitions will apply. If any of the definitions in this Chapter conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Chapter:

1. “Agent” means any person, including the operator’s representative, who is authorized to allow, let, lease, assign, or rent a guestroom.

2. “Building Official” means the building official of the City or their designee.

3. “City” means the city of Stanton.

4. “Code” means the Stanton Municipal Code.

5. "Enforcement personnel" means any police officer or code enforcement officer employed by the City.

6. “Department” means the Community & Economic Development Department of the City sometimes referred to in this Code as the Community Development Department.

7. “Director” means the Community & Economic Development Director of the City or their designee.

8. “Guest” means any person who occupies or otherwise uses the whole or part of a guestroom within a public lodging facility, whether alone or with other persons.

9. “Guestroom” means any portion of a public lodging facility, including any suite, room, or bed, occupied or designed or intended for occupancy for temporary lodging or sleeping purposes.

10."Operator" means the person who is owner, in whole or in part, or proprietor of a public lodging facility or any other person who has the right to allow, let, lease, assign, or rent guestrooms within the public lodging facility to guests or customers or to facilitate the rental of guestrooms, whether in the capacity of owner, mortgagee in possession, or any other capacity. Where the operator performs functions through a representative, as defined herein, the representative is also deemed an operator for the purposes of this Chapter and shall have the same duties as the operator. Full compliance with the provisions of this Chapter by either the operator or their representative is considered to be compliance by both. In the event of noncompliance with any provision of this Chapter by the representative, the operator shall be held strictly liable for such noncompliance.

11."Operate" or "engage in" includes carry on, keep, conduct, allow, maintain, or cause to be kept or maintained.

ORDINANCE NO. 1154

12.“Owner” means the fee simple owner of the real property on which the public lodging facility is situated. In the event of noncompliance with any provision of this Chapter by the operator, their representative, or agent, the owner shall also be held strictly liable for such noncompliance.

13."Person" means any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust, or the manager, lessee, agent, servant, officer, or employee of any of them.

14.“Picture identification" includes a valid driver’s license, federal, or state government, or military identification card, or passport that contains the person’s picture, current address, and date of birth.

15.“Public lodging facility” means hotel, motel, lodginghouse, boardinghouse, bed and breakfast inn, trailer court, or similar structure located within the City intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied, on a temporary basis by guests.

16.“Representative” means the operator’s designated agent, property manager, or other person in charge or control of a public lodging facility on behalf of the operator.

17.“Substandard condition” means the presence of any one or more of the following conditions within the premises of a public lodging facility: any condition that constitutes a public nuisance as defined in California Civil Code Sections 3479-3480; any condition of deterioration or disrepair that creates a substantial adverse impact on neighboring properties; any condition of deterioration or disrepair that creates a substantial adverse impact on the guest's ability to reside in decent, safe sanitary, and secure housing; any violation of the Stanton Municipal Code that creates a substantial adverse impact on neighboring properties, such as graffiti or abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof; or any condition not in compliance with the Building Standards Codes, as adopted in Chapter 16.13 of this Code, including the building, electrical, plumbing, and mechanical codes, the California Fire Code, as adopted in Chapter 16.21 of this Code, or the State Housing Law (Health and Safety Code Sections 17910 et seq.). A substandard condition includes, but is not limited to, the following enumerated conditions:
a. Property within the public lodging facility, whether improved or not, which is not kept substantially clean and free from accumulations including, but not limited to, overgrown vegetation, dead trees, weeds, rank growth, rubbish, junk, garbage, litter, debris, flyers, circulars, or stagnant water.

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b. Buildings or structures which are unpainted or the exterior paint is substantially worn off; provided, however, that nothing in this Section may be construed to require an operator to paint a building where the architectural style indicates it was intended to be unpainted, such as a brown shingle building.
c. Buildings or structures or significant sections thereof including, but not limited to, awnings, canopies, exterior stairs, roof, foundation, walls, fences, signs, retaining walls, driveways, or walkways which are substantially deteriorated or defaced, or windows which are missing or broken. For the purposes of this Section, "defaced" includes, but is not limited to, writings, inscriptions, figures, scratches, or other markings commonly referred to as graffiti.
d. Property within the public lodging facility that contains, in any outdoor area, any refrigerator, washing machine, sink, stove, heater, boiler, tank, or any other household equipment, machinery, furniture, or item, appliance or appliances, boxes, lumber, dirt or debris, trash, garbage or refuse cans, or any items other than those commonly stored outdoors or any parts of such items. This does not prohibit machinery installed in the rear setback areas for recreational use, furniture designed and used for outdoor activities, and waste containers placed in the location designated by the solid waste enterprise during the period allowed for waste collection under Chapter 6.04 of this Municipal Code. e. A guestroom in which any or all of the following is present: no hot or cold running water; no functioning toilet; carpet that is unsanitary or is worn to the point that portions are missing; no heat or ventilation; visible signs of mold; visible signs of bug or rodent infestation; or any other condition that creates a living environment that is not decent, safe, or sanitary. f. Notwithstanding the above, nothing herein shall be interpreted to preclude the Building Official from enforcing public nuisances pertaining to unsafe buildings, structures, or property conditions, as defined by the Building Standards Codes, the California Fire Code, and the State Housing Law.

9.52.020 Administration and enforcement.

A. Except as otherwise provided in this chapter Chapter, the provisions of this chapter Chapter shall be administered and enforced by the chief of police and peace officers and by the City Manager, Director, Public Safety Services Director of the City, and their designees as deemed necessary. The Director may establish rules, forms, and procedures necessary or appropriate for implementing this Chapter.

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B. The provisions of this Chapter are supplementary and complementary to other provisions of this Code and applicable statutes. Nothing in this Chapter may be construed to limit any existing right of the City to abate nuisances or to enforce any provisions of applicable law, statute, or this Code, including, but not limited to, provisions of Title 3 (Revenue and Finance) and Title 20 (Zoning) of this Code and the provisions of uniform codes adopted by reference in this Code.

9.52.040 Registration required.

A. No operator or agent may allow, let, lease, assign, or rent any guestroom to any person or persons until they have registered in accordance with this Section. Such registration must be completed before any guest uses or occupies the guestroom.

B. Every operator or agent person conducting or owning a public lodging facility in the city shall at all times keep and maintain therein a register, other permanent document, or electronic record which includes the full name, permanent address, telephone number, and date of birth of each and every guest seeking to use or occupy the guestroom, regardless of whether the guest or person is paying or nonpaying, and a copy of each guest’s picture identification. Such register or document shall be signed by the person actually renting the guestroom room or area., and Tthe operator or agent of the public lodging facility must examine and verify the guest information and documentation specified herein and, following verification, shall thereupon write opposite of each guest’s name such name or names so registered the number of each room or area assigned to or occupied by each such guest, together with the date and time when such room is rented, the rate charged for such rental, and such date or time when such guests check out of the room, or if the exact time of departure of the guest is not known, the date and time that the fact of the departure of each guest is ascertained. Until all of such entries shall have been made in such register or document, no such operator or agent shall allow or permit such guest or person to use or occupy privately any guestroom or area in such the public lodging facility. Every operator must preserve Ssuch register or document shall be preserved for a minimum period of three years after the date of its most recent entry.

C. Concurrent with the registration process, each and every guest shall identify all authorized or proposed occupants and users of the guestroom and provide to the operator or their agent valid picture identification. Valid picture identification includes a valid driver's license, federal or state government, or military identification card, passport or any form of identification that contains the transient's guest’s picture, current address and date of birth. The type of picture identification provided to the operator or agent shall be noted documented in the register and include the document's identification number and the state or country of issuance. Operators and their agents are prohibited from allowing or permitting a guest or person to rent or occupy any guestroom without verifying the guest has authentic picture identification and until the operator or agent has accurately and legibly completed the register with the information that corresponds to the picture identification presented by each guest.

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D. The public lodging facility operator or their agent shall also include in the register information regarding the every guest's vehicle including the vehicle make and model, license plate number and the state of issuance. The operator or their agent shall verify the vehicle information either by personal observation or by examination of the vehicle's registration documents.

E. Operators and their agents are prohibited from allowing, leasing, renting, or assigning any guestroom without first obtaining a valid credit card or debit card that is in the name of the guest who is paying for the guestroom. If a guest does not use a credit or debit card to pay for the guestroom due to payment by cash, the operator or agent must first confirm the validity of the guest’s credit or debit card with the card issuer prior to the guest’s occupancy at the public lodging facility.

Notwithstanding the foregoing, nothing in this Section prevents public lodging facilities from renting a guestroom to a guest who is procuring the room with a valid voucher from a government agency.

9.52.050: Inspection of Register, alterations.

A. It is unlawful for any person to erase or alter, or allow another to erase or alter, the register or the entries recorded in the register or any other document required by this Chapter for any purpose. Erasures or alterations on the register or document required by this chapter shall not be permitted or made for any purpose, and it is unlawful to erase a name or names and address or addresses or permit or allow such an erasure.

Such register or documents shall be kept in a conspicuous place and shall be open to the inspection of the Director, any peace officer, enforcement personnel, or any other City officer or employee for law enforcement or for any other official purpose related to City business in accordance with any procedures established by this Code, provided that the operator or their representative consents or a warrant authorizing such inspection has been obtained.

B. On each page of the register, there shall be printed a notice stating that the register may be inspected by a peace officer enforcement personnel and any other City officer or employee for law enforcement or for other official purposes related to City business.

9.52.060 Registering under fictitious name prohibited.

No person shall write, provide, or cause to be written or provided, any false information, register under a fictitious name, or show or use a forged, altered, or counterfeit picture identification when procuring a guestroom within the City.

No person shall write or cause to be written, or knowingly permit to be written in any register in any public lodging facility any other or different name or designation than the true name of the person registering therein.

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9.52.070 Repeated use of room prohibited.

No person shall let, lease, assign, or rent any guestroom or area in any public lodging facility in the city more than once in a twenty-four-hour period.

9.52.080 Hourly room rates prohibited.

Operators and agents are prohibited from allowing, letting, leasing, assigning, or renting any guestroom, or causing, allowing, or facilitating an advertisement, for hourly or other short-term rates of less than twenty-four hours.

No person conducting or owning a public lodging facility and no person in actual charge, management or control of a public lodging facility, nor agent thereof, shall let or cause to be let, lease any room or area for hourly or other short-term rates of less than twenty-four hours, or in any way advertise that any room or area is available at hourly or other shorttime rates of less than twenty-four hours.

9.52.090 Maintenance standards.

A. Every public lodging facility shall be maintained in good repair. It is unlawful for any person to cause or permit another person to occupy any public lodging facility which does not comply with this chapter.

B. Every operator of a public lodging facility in the City must:

1. Maintain the public lodging facility such that no substandard condition exists at or on the public lodging facility;

2. Correct all substandard conditions before a re-inspection occurs or as otherwise directed by the Director;

3. Ensure all window glasses are without cracks, chips, holes, or otherwise damaged;

4. Maintain all areas on the public lodging facility designated for landscaping, such as lawns, planter beds, and other unsurfaced locations within the premises, with properly trimmed living plant materials free from litter and debris.

5. Maintain direction signs as appropriate throughout the public lodging facility to ensure that emergency personnel and enforcement personnel can find guestrooms in a timely manner.

6. Maintain and place locked and screened enclosures for all containers used for the storage of trash, garbage, recycled materials, or other debris at the exterior of the building(s).

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7. Ensure all elevators within the public lodging facility are fully functional and pass appropriate agency inspections. The name and telephone number of the inspection agency must be posted in all elevators. Elevators must be operational on a 24 hour-a-day basis.

8. Maintain all hallways, lobby areas, or other common public spaces of the public lodging facility, including swimming pool areas and other recreational areas of the public lodging facility available for guest use, in a sanitary condition free of trash, garbage, recycled materials, or other debris and free of any equipment, supplies, machinery, or any parts thereof when not in use.

99.52.100 Sanitation requirements—General.

Every operator must maintain the public lodging facility in accordance with the requirements of this Section:

A. Each habitable room, hallway, passageway, stairway, wall, partition, ceiling, floor, skylight, glass window, door, shade, drapery, blind, carpet, rug, matting, window curtain, furniture, compartment or room, plumbing fixture, drain, roof, vent, closet, cellar, basement, laundry room, yard, court, lot and the premises of every building in a public lodging facility shall be kept clean, free of stains, holes, rips, or odors in excess of normal wear and tear, in proper working order, sanitary, and free from debris, filth, rubbish, garbage, insects, pests, vermin, and other offensive matter.

B. All wall surfaces must be maintained without stains, flakes, chips, or holes, and in a clean and sanitary condition.

C. Each electrical outlet, electrical switch, electrical equipment, light, lamps, smoke detector, carbon monoxide detector, door, door knob, door handle, and mirror shall be maintained in a state of good repair without deteriorated, substandard, or hazardous conditions.

D. Garbage and putrescible matter, whether mixed with rubbish or other matter or not, shall be kept in watertight receptacles with close-fitting lids and with handles or bails. Such receptacles shall be thoroughly cleaned each time their contents are removed. Such garbage or putrescible material, whether mixed with rubbish or other material or not, shall not be kept for more than seven days.

E. It is unlawful for a person to permit or cause another person to occupy any room within the public lodging facility, in such condition of construction or maintenance as will that permits or causes the breeding or harborage therein or thereon of rodents, fleas, bedbugs, cockroaches, lice, mosquitoes or any other insects, pests, or vermin. No person operator may permit or cause, an accumulation of any material that may serve as a rodent harborage unless such material be elevated not less than eighteen inches above the ground or floor with a clear intervening space thereunder.

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F. All public lodging facilities shall be cleaned, and effective insecticides safely applied, as often as is necessary to prevent the breeding or harboring therein or thereon of flies or mosquitoes insects, pests, or vermin. All fly or mosquito insect, pest, or vermin breeding materials shall be removed from all public lodging facilities as often as is necessary to prevent the breeding or harboring of flies or mosquitoes insects, pests, or vermin. Operators may not permit, operate, or maintain the public lodging facility, or allow or cause another to operate or maintain the public lodging facility, in a manner that permits or causes the breeding or harboring therein or thereon of flies or mosquitoes insects, pests, or vermin. No person shall operate or maintain or cause to be operated or maintained any public lodging facilities in such a manner as will permit the breeding or harboring therein or thereon of flies or mosquitoes.

9.52.110 Toilet rooms and bathing facilities.

Every guestroom in a public lodging facility shall contain a lavatory and bathtub or shower maintained in a state of good repair. All lavatories, bathtubs and showers of public lodging facilities shall be provided with hot and cold running water under pressure. All toilet rooms, bath and shower rooms and utility rooms shall be adequately lighted and ventilated to the outside atmosphere. All such rooms and the fixtures and equipment therein shall be maintained in a state of good repair and free from dirt, filth and corrosion. It is unlawful for any person to cause or permit another person to occupy any room in a public lodging facility which does not comply with this section.

9.52.120 Sleeping rooms—Air space.

A. It is unlawful for an operator or agent a person to permit or cause another person to occupy any room in a public lodging facility used for sleeping any purposes unless such room shall contains at least five hundred cubic feet of air space.

B. Every room in a public lodging facility used for sleeping any purposes, occupied by two persons, shall contain not less than six hundred and thirty cubic feet of air space.

C. Every room or place in a public lodging facility used for sleeping purposes shall be deemed to be overcrowded if it is occupied by more than two persons and contains less than six hundred thirty cubic feet of air space plus five hundred cubic feet of air space for every person occupying the room in excess of two persons.

9.52.130 Sleeping rooms—Overcrowding and other unhealthful conditions prohibited.

No person shall allow, rent, lease, or permit another person to use for sleeping any purposes any kitchen, cellar, hallway, bath, shower, compartment, toilet room, or any habitable room or place within the public lodging facility which is detrimental to the health of the occupant or occupants by reason of overcrowding or insufficiency of light, windows, ventilation, or drainage. The window area of any room used for sleeping purposes shall ORDINANCE NO. 1154

not be less than one-eighth of the floor area and shall be at least one-half openable or the room completely air-conditioned, provided that the air conditioning unit is maintained in good working condition.

9.52.140 Linen and bedding for transient guest accommodations.

All rooms in a public lodging facility, rented to transient guests wherein beds are used shall be provided with an adequate amount of clean bedding, springs and mattresses, in good repair and free of stains, holes, rips, or odors in excess of normal wear and tear. All such beds, springs and mattresses shall be maintained in a sanitary condition. Public lodging facilities shall provide an adequate amount of clean washcloths, hand and bath towels, and other linen necessary for each new guest therein or at least once a week when occupancy does not change.

9.52.150 Security measures.

A. Every public lodging facility shall install and maintain, in proper operating order, security cameras sufficient to maintain clear, continuous visual coverage of all entry points, in each interior hallway and lobby, in the parking lots and any other parking areas, common areas, and at each exterior door. The cameras shall be placed so as to provide visibility to the front and rear exteriors of the building and to any swimming pool area. Monitors shall be provided for security and other personnel so that on-site activities may be viewed at all times. Videotapes from security cameras shall be operating twenty-four hours a day and shall be kept a minimum of thirty sixty (60) days.

B. Each public lodging facility shall install and maintain signage in the guest registration area providing notice to guests that security cameras are operating throughout the facility.

C. Every public lodging facility shall install and maintain, in proper operating order, security lighting in each exterior hallway, in the parking lots, and at each exterior door. The lighting shall be placed so as to provide visibility to the front and rear exteriors of the building and to any swimming pool area. The exterior of the public lodging facility, including adjacent public sidewalks, must be illuminated during all hours of darkness when the public lodging facility is open for business. The lighting must be sufficiently illuminated to enable individuals standing in these areas to be identifiable from the street and must be positioned in a manner that minimizes any disturbance of neighboring properties.

D. All guestrooms must include an operable lock on each main swinging entry door installed in accordance with the manufacturer's specifications and in compliance with applicable state and local codes including, but not limited to, those provisions relating to fire and life safety and accessibility for people with disabilities. Each guestroom must include a working viewport on each main swinging entry door or must include a window convenient to the main swinging entry door. Each door connecting two guestrooms that share a common wall must be equipped with a ORDINANCE NO. 1154

functional deadbolt lock installed in accordance with the manufacturer's specifications and in compliance with applicable state and local codes.

E. All guestrooms with windows designed to be opened must be installed in accordance with the manufacturer's specifications and in compliance with applicable state and local codes and must have an operable window security or locking device that is tamper-resistant.

9.52.160 Amortization period.

All public lodging facilities existing on the effective date of this chapter Ordinance No. 1154 shall have ninety days to comply with the requirements of this Chapter and to implement any changes in the operations and standards of the public lodging facility in compliance with this Chapter, except for compliance with Sections 9.52.230, 9.52.240, and 9.52.250, which shall follow the specific timelines and procedures set forth therein. security measures required in Section 9.52.150.

9.52.170 Enforcement.

Any person who violates any provision of this chapter is subject to the penalties provided in Chapters 1.10 and 1.12 of this code.

A. The operator of a public lodging facility and owner of real property on which the public lodging facility is located are strictly liable for any violation of this Chapter that occurs on the public lodging facility, regardless of whether the operator or owner has a contract or agreement, whether oral or written or for compensation or consideration, with their agent(s), representative, or any third party concerning the operation or maintenance of the public lodging facility.

B. Notwithstanding the foregoing, any other person, including guests and non-guests of the public lodging facility, who violates any provision of this Chapter are subject to the penalties provided in Chapters 1.10 and 1.12 of this Code.

C. The City Council may by resolution establish, modify, or amend fees for the implementation, administration, and enforcement of this Chapter, including, but not limited to, registration and renewal fees, processing fees, inspection and reinspection fees and penalties for delinquent payment of such fees.

D. Any violation of this Chapter is unlawful and constitutes a strict liability offense, regardless of intent, unless otherwise stated. The remedies provided in this Chapter are cumulative and not exclusive and nothing in this Chapter precludes the use or application of any other remedies, penalties, or procedures established by law.

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E. Any violation of this Chapter constitutes a public nuisance which may be abated by the City in accordance with California Code of Civil Procedure § 731 through any means provided by law, including, but not limited to, Chapters 1.10 and 9.16 of this Code.

F. In addition to or in lieu of other action, the City may, at its discretion, undertake any one or all of the following legal actions to correct or abate any nuisances or violations under this Chapter:

1. Criminal Penalty. Any violation of this Chapter constitutes a misdemeanor punishable under Chapter 1.10 of this Code.

2. Civil Penalties. Any operator who violates any provision of this Chapter, or causes or allows their agent(s) to violate any provision of this Chapter, is liable for a civil penalty established by resolution of the City Council.

3. Administrative Citations. Any operator who violates any provision of this Chapter, or causes or allows their agent(s) to violate any provision of this Chapter, is subject to administrative fines established by resolution of the City Council in accordance with Chapter 1.12 of this Code.

Any person who violates any provision of this chapter is subject to the penalties provided in Chapters 1.10 and 1.12 of this code.

9.52.180 Operational Requirements.

A. Notwithstanding anything herein, graffiti on the premises of the public lodging facility must be removed on a continuous basis within forty-eight hours of application.

B. Operators and agents are prohibited from facilitating, causing, allowing, or permitting the public lodging facility to be used for the purpose of prostitution.

C. Operators and agents are prohibited from facilitating, causing, allowing, or permitting the public lodging facility from being used for any illegal drug activity, drug-related nuisance, violent crime, threat of violent crime, or unlawful weapon or ammunition crime.

1. For purposes of this section:
i. “Drug-Related nuisance” means any activity related to the possession, sale, use or manufacturing of a controlled substance that creates an unreasonable interference with the comfortable enjoyment of life, property, or safety of other guests of the public lodging facility. These activities include, but are not limited to, any activity commonly associated with illegal drug dealing, such as noise, steady traffic day and night to a particular unit, barricaded units, possession of weapons, or drug loitering as defined in Health and Safety Code Section 11532, or other drug-related activities.

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ii. “Violent crime” means any crime involving use of a gun, a deadly weapon or serious bodily injury and for which a police report has been completed.

D. The operator of the public lodging facility or their representative must be accessible, in person or by telephone, on a 24 hour-a-day basis. The name and contact information of the operator or their representative must be posted at all times in a conspicuous location in guestrooms and at the hotel registration or lobby area where all persons will have full, unobstructed, accessible view of this information.

E. Unless an operator acts as their own representative for all purposes under this Chapter and so advises the City on the operator’s application for registration or renewal thereof, all operators of a public lodging facility must designate a representative with full authority to act on behalf of the operator for all purposes under this Chapter, including the acceptance of service of all notices from the City.

9.52.190 Guest Standards.

A. No person shall linger, loiter, sit, stand, or otherwise use for business or social purposes any area in any public lodging facility in violation of the expressed wish of the operator or agent of the public lodging facility.

B. It is unlawful for any person to refuse or fail to leave the property of a public lodging facility when requested by the operator, their agent, or by a peace officer when acting at the request of the operator or the operator’s agent. This Subsection applies to all areas of the public lodging facility, regardless of whether or not such areas are open to the general public.

C. This Section does not apply:

1. To guests currently registered in the public lodging facility or to persons who have otherwise been given the right to use a certain portion or portions of the public lodging facility by the operator or their agent.

2. Persons engaged in lawful labor union activities.

3. Where its application results in or is coupled with an act prohibited by the Unruh Civil Rights Act or any other provision of law relating to prohibited discrimination.

4. Where its application results in or is coupled with an act prohibited by Section 365 of the California Penal Code or any other provision of law relating to duties of innkeepers and common carriers.

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D. Nothing in this Chapter shall be construed or applied so as to abridge the lawful exercise of rights guaranteed under the First Amendment to the Constitution of the United States.

9.52.200 Parking by Permit.

A. No person may stand or park any vehicle in a public lodging facility’s parking lot or parking area unless a parking permit issued by the public lodging facility is displayed on the vehicle for the entire duration of their occupancy at the public lodging facility. Public lodging facilities may not issue parking permits to any person who is not an operator, agent, guest registered in accordance with Section

9.52.040, employee of the public lodging facility, or contractor of the public lodging facility on site for official business.

B. Public lodging facilities may not issue a parking permit to a guest unless the guest has provided all information and documentation required for registration under Section 9.52.040. The public lodging facility is responsible for monitoring its parking areas and enforcing the requirements of this Section.

C. The requirements of this Section do not apply to any authorized emergency vehicle, City vehicle, vehicle owned by a public utility when such vehicle is being used for official business, or vehicle used for lawful collection or delivery of United States mail.

D. The requirements of this Section may be modified or waived through approval of a conditional use permit in accordance with Chapter 20.550.

9.52.210 Occupancy by Minors.

No operator or agent shall permit or allow the occupancy of any room by any minor unless such minor is accompanied by their adult parent, legal guardian, or a responsible adult authorized in writing by a parent or legal guardian of the minor. Except in the case of sickness, death, or act of God, adult parents, legal guardians, or other responsible adults authorized in writing by a parent or legal guardian of the minor must remain registered for the entire duration of the minor’s stay and must occupy the guestroom for the same duration as the longest-staying minor.

9.52.220 Human Trafficking Notice.

Every public lodging facility must post a notice that complies with the requirements of this Section in a conspicuous place near the public entrance of the establishment or in another conspicuous location in clear view of the public and employees where similar notices are customarily posted. The notices to be posted pursuant to this Section shall be at least eight and one-half inches by eleven inches in size, written in a sixteen-point font, printed in English, Spanish, Vietnamese, and Korean and shall state the following:

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If you or someone you know is being forced to engage in any activity and cannot leave – whether it is commercial sex, housework, farm work, construction, factory, retail, restaurant work, or any other activity –
text 233-733 (Be Free)
Or call the National Human Trafficking Hotline at 1-888-373-7888 or the California Coalition to Abolish Slavery and Trafficking (CAST) at 1-888-KEY-2-FRE(EDOM) or 1-888-539-2373 to access help and services.

Victims of slavery and human trafficking are protected under United States and California Law.

The hotlines are:
• Toll-free.
• Operated by nonprofit, nongovernmental organizations. • Anonymous and confidential.
• Accessible in more than 160 languages.
• Able to provide help, referral to services, training, and general information.

9.52.230 Certificate of Compliance Registration.

A. One year from the effective date of Ordinance No. 1154 all public lodging facilities must register with the Department in accordance with this Chapter to enroll in the certificate of compliance program set forth herein. The public lodging facility registration or renewal application submitted by operators or their representatives must identify all guestrooms of the public lodging facility. Nothing herein shall require the operator or their representative to provide a guest registry as part of the initial registration process.

B. One year from the effective date of Ordinance No. 1154, a certificate of compliance is required for any public lodging facility to operate within the City. It is unlawful for any person to engage in, conduct, or carry on any public lodging establishment within the City without a current certificate of compliance issued by the City.

C. Operators or their representatives must register their respective public lodging facility according to a schedule established by the Director. The schedule will include registration deadlines of not less than 60 days following notice and delivery to the operator or their representative by the Director of a questionnaire and such other forms as the Director may determine necessary to satisfy the registration requirements of this Chapter.

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D. A public lodging facility registration approved in accordance with this Chapter is valid for purposes of complying with the inspection provisions of this Chapter for five (5) years from the date the Director issues a certificate of compliance or until one of the following circumstances occurs, whichever is sooner:

1. The operator or their representative fails to notify the Department of any change in the information submitted pursuant to this Section within 30 days of such change; or

2. The operator or their representative fails to pay any fees established under this Chapter or Chapter 5.12 when payment is due; or

3. The public lodging facility is sold or transferred to a new operator and the new operator fails to submit an application for a public lodging facility registration to the Department within 90 days following the date of the sale or transfer; or

4. The Director determines that the certificate of compliance is no longer valid because a substandard condition or conditions exist at or on any portion of the public lodging facility listed in the certificate of compliance or for any of the reasons set forth in Section 9.52.240.

E. As part of the initial registration process, a public lodging facility is deemed to be registered with the City when the operator or their representative submits all the following to the Department, meets the requirements herein, and receives a certificate of compliance from the Director:

1. An application for a public lodging facility registration must be submitted to the Department on forms provided by the Director. The application will include, but is not limited to, the following information:
a. Description of the public lodging facility, including, but not limited to, the street address and assessor's parcel number;
b. A list of all guestrooms within the public lodging facility, identified by a means unique to each guestroom (e.g., room number, unit number, etc.);
c. Name, address, telephone number, and email address for the owner, operator, and the operator’s representative;
d. The name, address, telephone number, and email address of the person or entity that a guest is to contact when requesting repairs to be made to guestroom, and the contact person's business relationship to the operator or their representative;
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e. A declaration of compliance from the operator or their representative, declaring that all guestrooms that are or may be available for rent are listed in the public lodging facility registration or renewal application and meet or will meet the standards in this Chapter before the guestrooms are rented; and
f. Any other information required by the Director.

2. Within one year from the effective date of Ordinance No. 1154, all existing public lodging facilities must undergo and pass an initial inspection in accordance with the standards and procedures set forth in this Section and Section 9.52.250 (Inspections; Notice and Order to Comply). Any new public lodging facility proposed after the enactment of Ordinance No. 1154 must undergo and pass an inspection in accordance with the standards and procedures set forth in this Section and Section 9.52.250 (Inspections; Notice and Order to Comply) and any scheduled established by the Director.
a. If the Director determines that the public lodging facility fails the inspection based upon violations of applicable laws or ordinance or the existence of substandard conditions, the Director will notify the operator in writing by mailing the results of the inspection by firstclass mail to the addresses of the operator and their representative, if any, identified in the operator’s current public lodging facility registration or renewal application, specifying in detail the reason(s) for the Director's determination. Any public lodging facility disputing the results of the inspection may file an appeal in accordance with the procedures applicable to appeals set forth in Section 9.52.260 of this Chapter.

F. If, upon approval of an application for public lodging facility registration or a renewal thereof or following an inspection where no violations of applicable laws or ordinances are determined to exist, the Director will issue a certificate of compliance to the operator or their representative. A certificate of compliance is valid until renewal of the registration or revocation of such certificate as specified herein.

G. Public lodging facility registration must be renewed by submittal of a public lodging facility registration renewal application at least 60 days before the current certificate of compliance expires, which application shall contain all of the information required by Subsection (E)(1) of this Section, and be accompanied by a new declaration as required by subparagraph (E)(1)(e) of this Section.

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H. If any of the information required by Subsection (D)(1) of this Section changes during the term of a certificate of compliance, the operator or their representative must update the information within 30 days of the information changing on a form provided by the Department.

I. It is unlawful for any person to knowingly make a false statement of fact or knowingly omit any information that is required to register a public lodging facility or guestroom pursuant to this Section.

9.52.240 Denial and Revocation of Certificate of Compliance.

A. A public lodging facility registration or renewal application for a certificate of compliance may be denied by the Director for reasons including, but not limited to:

1. Submitting an incomplete application;

2. Submitting an application the operator or their representative knows or should have known is false;

3. Failing to comply with a Notice and Order to Comply, as required in this Chapter;

4. Failing to update and deliver registration information as required by Section 9.52.230 (Certificate of Compliance Registration);

5. Operation of the public lodging facility that results in six or more nuisance activities on the public lodging facility property within a rolling six-month period, as measured from the date of the initial nuisance activity;

6. Posing a significant threat to public health, safety, or welfare, including but not limited to, operating in a manner that creates a substantial risk of harm to guests, staff, or the surrounding community such that denial of the registration is necessary for the preservation of public health, safety, and welfare.

B. A certificate of compliance may be revoked by the Director for reasons including, but not limited to:

1. Failing to comply with a Notice and Order to Comply, as required in this Chapter; or

2. Submitting a declaration of compliance the operator or their representative knows or should have known is false; or

3. Failing to update and deliver registration information as required by Section 9.52.230 (Certificate of Compliance Registration).

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4. Operation of the public lodging facility that results in six or more nuisance activities on the public lodging facility property within a rolling six-month period, as measured from the date of the initial nuisance activity.

5. Posing a significant threat to public health, safety, or welfare, including but not limited to, operating in a manner that creates a substantial risk of harm to guests, staff, or the surrounding community such that revocation of the certificate of compliance is necessary for the preservation of public health, safety, and welfare.

C. If the Director denies a public lodging facility registration application or revokes a certificate of compliance, the Director will notify the operator in writing by mailing the denial or revocation notice by first-class mail to the addresses of the operator and their representative, if any, identified in the operator’s current public lodging facility registration or renewal application, specifying in detail the reason(s) for the Director's determination. The operator or their representative may appeal the denial or revocation by filing an appeal in accordance with the procedures applicable to appeals set forth in Section 9.52.260 of this Chapter.

D. If a public lodging facility registration or renewal application is denied or a certificate of compliance is revoked, the registration or renewal application will not be considered by the Director until all application or public lodging facilities deficiencies that were the basis for the denial or revocation are corrected to the satisfaction of the Director.

E. For purposes of this section, “nuisance activities” includes, but is not limited to, disturbance of the peace, illegal drug activity, prostitution, human trafficking, public drunkenness, harassment of passersby, gambling, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, illegal parking, excessive loud noises, traffic violations, lewd conduct, or police detentions and arrests on the property for which a police report has been completed.

1. This subsection is not the exclusive definition or designation of what constitutes nuisance activities within this City and instead supplements and is in addition to other regulatory codes, statutes, or ordinances enacted by the City, state, or any other legal entity or agency having jurisdiction.

9.52.250 Inspections; Notice and Order to Comply.

A. Every public lodging facility is subject to routine periodic inspection by the City, as provided by this Chapter.

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B. Within 60 days following the receipt of an application for a certificate of compliance registration or a renewal thereof, the Director will schedule an inspection of the public lodging facility that is the subject of the application.

C. Before an interior inspection occurs under this Chapter, a notice of intent to inspect a public lodging facility will be mailed to the operator and their representative, if any, at the operator and representative's addresses, as they appear on the operator’s current public lodging facility registration or renewal application at least 14 calendar days prior to the date of the inspection. If the operator or their representative applies in writing to the Director for an extension of time within the original time specified in the notice for an interior inspection, the Director may extend the date and time.

D. The operator or their representative must be present at the public lodging facility at the time of the inspection. The time of the inspection shall be the time indicated in the notice or the time that the inspection was properly rescheduled in accordance with Subsection (H) of this Section. Violation of this Subsection or Subsection (E) of this Section may result in the imposition of a re-scheduling fee.

E. The operator or their representative must notify individual guests of the date and time of any interior inspection in writing at least 24 hours before the scheduled inspection or otherwise obtain legal access to the guestroom or guestrooms pursuant to the terms of the applicable rental or guest agreement.

F. If the guest does not consent to the entry for inspection following receipt of notice, the Director is authorized to seek an inspection warrant from a court of competent jurisdiction to cause the inspection to take place. The operator will not be penalized or fined for the failure of a guest to afford access to a guestroom which is the subject of such an inspection, provided that the operator or their representative cooperates with the Director and makes a good faith effort to facilitate the inspection in accordance with this Section.

G. If, upon inspection, any substandard condition exists within the public lodging facility, the Director will provide the operator or their representative with a written "Notice and Order to Comply" that describes the substandard condition or conditions and the location of the substandard condition or conditions. The Notice and Order to Comply will specify a reasonable time for correction of the substandard condition or conditions that ranges, depending on the severity of the condition, from an immediate response time to 30 days from the date of said notice.

H. If the operator or their representative applies in writing to the Director for an extension of time within the original correction period, the Director may extend the period for correction of the substandard condition or conditions if the Director determines that the operator or their representative has established that ORDINANCE NO. 1154

correction has been diligently pursued but the correction could not be reasonably completed within the original correction period.

I. The Notice and Order to Comply will be delivered or mailed by first-class mail to the operator and their representative at the address of the operator and their representative, if any, as such addresses appear on the operator’s current public lodging facility registration or renewal application.

J. Before initiating any correction of the substandard condition or conditions identified in the Notice and Order to Comply, the operator or their representative must obtain all necessary permits and pay all required fees for the permits, including, without limitation, any penalty imposed by this Code by reason of any repair, improvement, or maintenance which had been done in the past without a required permit, inspection, or final approval.

K. One or more re-inspections will be conducted to verify that the substandard condition or conditions identified in the Notice and Order to Comply have been corrected. Following the expiration of the correction period and any authorized extensions of time, the operator must pay a re-inspection fee established by resolution of the City Council and arrange with the Director for re-inspection of the public lodging facility to determine whether the substandard condition or conditions have been corrected. The operator or their representative must provide all required notice to any affected guests. If the Director appears at the public lodging facility for the inspection as scheduled and access is denied by the operator or their representative, the operator must pay an additional re-inspection fee established by the City Council for each subsequent scheduled re-inspection.

Violations not noted on the initial inspection report but discovered on reinspection must be corrected by the operator or their representative as set forth in this Chapter and Notice and Order to Comply.

L. If the Director, Department, enforcement personnel, or other City officer or personnel receives a complaint regarding a public lodging facility regulated under this Chapter, the Director may request that an inspection of the public lodging facility identified in the complaint be conducted. If, after inspecting the public lodging facility for the complaint received, the Director, enforcement personnel, or other authorized City officer or personnel determines that a substandard condition or conditions exist at the public lodging facility, the Director may require that any other portion of the public lodging facility covered under the same certificate of compliance on the property be inspected following the procedures of this Section for notice, including inspection timing and giving notice to guests.

M. If, during an inspection conducted pursuant to this Chapter, the Director, enforcement personnel, or other authorized City officer or personnel discovers that the public lodging facility is in violation of this Code or any other applicable law and the operator or their representative fails to correct the identified violations within 30 days of the inspection, the Director may require an additional periodic ORDINANCE NO. 1154

inspection of the public lodging facility in accordance with this Chapter to ensure continued compliance. A re-inspection fee will be imposed for any additional periodic inspection required under this Chapter. In addition to requiring an additional periodic inspection pursuant to this Subsection, the Director may commence enforcement action in accordance with any provisions of this Code.

N. None of the inspection provisions contained in this Chapter shall prohibit, condition, or otherwise limit any inspection conducted pursuant to any other provision of this Code or other applicable law.

9.52.260 Appeals.

Any appeal right provided for in this Chapter must be conducted as set forth in this section.

A. Submission of Appeal.

1. An operator or their representative may appeal the decision of the Director made pursuant to this Chapter, including decisions to suspend, revoke, or deny a Certificate of Compliance or to dispute the results of an inspection conducted under this Chapter, to a hearing officer by filing with the City Clerk a written notice of appeal within fifteen calendar days from the date of service of the notice.

2. The notice of appeal must be in writing and signed by the person making the appeal, or their legal representative, and must contain the following:
a. The name, address, telephone number of the appellant; b. A true and correct copy of the notice of the decision or action issued by the Director that the appellant is appealing; c. A specific statement of the reasons and grounds for making the appeal in sufficient detail to enable the hearing officer to understand the nature of the controversy, the basis of the appeal, and the relief requested; and
d. All documents or other evidence pertinent to the appeal that the appellant requests the hearing officer to consider at the hearing.

3. At the time of filing the appellant must pay the designated appeal fee, which may be established by resolution of the City Council.

4. In the event a written notice of appeal is timely filed, the suspension, revocation, denial, or nonrenewal is not effective until a final order has been rendered and issued by the hearing officer. If no timely, proper appeal is filed in the event of a decision of denial, the Certificate of Compliance expires at the conclusion of the term of the Certificate of Compliance. If no timely, proper appeal is filed in the event of a suspension or revocation, the suspension or revocation is effective upon the expiration of the period for filing a written notice of appeal.

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5. Failure of the operator or their representative to file a timely and proper appeal, or the requisite fee, is a waiver of the right to appeal the decision of the Director and a failure to exhaust all administrative remedies. In this event, the Director’s decision is final and binding.

B. Hearing Procedure.

1. Administrative hearing officers must be selected in a manner that avoids the potential for pecuniary or other bias.

2. Upon receipt of the written appeal, the City Clerk shall set the matter for a hearing before a hearing officer. The hearing officer will preside over the appeal, hear the matter de novo, and conduct the hearing pursuant to the procedures set forth in this Chapter. The City bears the burden of proof to establish the grounds for the suspension, revocation, denial, or nonrenewal or results of the inspection by a preponderance of the evidence. The issuance of the Director’s notice of decision constitutes prima facie evidence of grounds for the suspension, revocation, denial, or nonrenewal or results of the inspection.

3. The appeal must be held within a reasonable time after date of filing, but in no event later than thirty calendar days from that date. The City must notify the appellant of the date, time, and location of the hearing at least ten calendar days before the date of the hearing.

4. At the hearing, the appellant may present witnesses and evidence relevant to the decision appealed, be represented by counsel, and confront and cross-examine witnesses. Appeal hearings are informal, and the formal rules of evidence and procedure applicable in a court of law shall not apply to the hearing. However, rules of privilege are applicable to the extent they are permitted by law; and irrelevant, collateral, and repetitious evidence may be excluded. The hearing officer may establish additional procedures not in conflict with the provisions of this section.

C. Hearing Officer’s Decision.

1. No later than fifteen calendar days following conclusion of the appeal hearing, and after considering all of the testimony and evidence submitted at the hearing, the hearing officer will determine if any ground exists for the suspension, revocation, denial, or nonrenewal of the Certificate of Compliance or results of the inspection.

2. If the hearing officer determines that no grounds for the suspension, revocation, denial, or nonrenewal or results of the inspection exist, the Director’s notice of decision shall be deemed cancelled.

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3. If the hearing officer determines that one or more of the reasons or grounds enumerated in the Director’s notice of decision exists, the hearing officer must issue a written decision containing a finding and description of each reason or ground to uphold the Director’s decision, and any other finding that is relevant or necessary to the subject matter of the appeal.

4. The decision of the hearing officer is final. The written decision must contain the following statement: "The decision of the hearing officer is final. Judicial review of this decision is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6.

9.52.270 Duplicated Regulation.

Whenever any provision of this Chapter and any other provision of law, whether set forth in this Code, or in any other applicable law, ordinance, or resolution of any kind, imposes overlapping or contradictory regulations, or contain restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in this Chapter.” SECTION 5: The reference to “Lodging – Hotel or Motel” uses in Table 2-5 (Allowed Land Uses and Permit Requirements Commercial Zones) of Section 20.215.020 is hereby amended in its entirety and restated to read as follows (additions in underline, deletions in strikethrough):

Section 20.215.020, Table 2-5
Land Use CN CG Specific Use
Regulations
Service Uses – General
Lodging – Hotel or Motel
Fronting on Beach Blvd
or Katella Ave.
— P CUP MC 9.52
Fronting other arterial
streets
CUP CUP MC 9.52
SECTION 6: The reference to “Lodging” uses in Table 2-11 (Allowed Land Uses and Permit Requirements Mixed-Use Overlay Zones) of Section 20.30.040 is hereby amended in its entirety and restated to read as follows (additions in underline, deletions in strikethrough):

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Section 20.30.040, Table 2-11
Land Use GLMX NGMX(3) SGMX Specific Use
Regulations
Service Uses – General
Lodging
Bed and
Breakfast Inns
— — —
Hotels (8) CUP — CUP MC 9.52
Notes:
(1) In the GLMX zone, commercial uses: (a) are required on the ground floor of buildings at the intersections of Beach and Katella, Beach and Orangewood, and Beach and Chapman and within 150 feet in any direction from these street intersections, as measured from the corner formed by the lots' property lines at the street intersection(s); and (b) are allowed on the ground floor, but are not required on the ground floor, on other lots. Stand-alone multi-family residential or stand-alone commercial development is allowed anywhere over 150 feet in any direction from these intersections. (2) In the NGMX zone, commercial uses or live-work uses are encouraged on the ground floor of buildings that front Beach Boulevard.
(3) In the NGMX zone, only residential uses shall be allowed to face Fern Street. (4) A Conditional Use Permit shall be required if all persons engaging in the practice of massage therapy at the establishment do not have a valid MTO (Massage Therapy Organization) Certificate or the State law regulating massage establishments terminates under its sunset review provision (Business and Professions Code Section 4600 et seq.).
(5) In the GLMX and SGMX zones, single-family detached dwellings are permitted with a CUP if the residential use is located in the rear of a property behind single-family attached dwellings, or a commercial use.
(6) Outdoor dining with four seats or less is permitted. Outdoor dining with five to 20 seats requires a Minor Use Permit. Outdoor dining with more than 20 seats requires a Conditional Use Permit.
(7) A Conditional Use Permit shall not be required for the establishment of Internet cafés; only an Internet café license is required to establish an Internet café. (8) For purposes of clarity, while motels are distinct from hotels, they are not permitted within any Mixed-Use Overlay Zone.

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SECTION 7: Severability. If any section, sentence, clause, or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality will not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable.

The City Council of the City of Stanton declares that it would have adopted this Ordinance and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

SECTION 8: Effective Date. This Ordinance will become effective 30 days following its adoption.

SECTION 9: Posting or Publication. The City Clerk is directed to certify the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, will be published or posted in the manner required by law.

SECTION 10: Record of Proceedings. The documents and materials associated with this Ordinance that constitute the record of proceedings on which these findings are based are located at 7800 Katella Avenue, Stanton, California 90680. The City Clerk is the custodian of the record of proceedings.

PASSED, APPROVED, AND ADOPTED this 14th day of January, 2025.

DAVID J. SHAWVER, MAYOR
ATTEST:

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

HONGDAO NGUYEN, CITY ATTORNEY
ORDINANCE NO. 1154

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. 1154 was introduced at a regular meeting of the City Council of the City of Stanton, California, held on the 10th day of December, 2024 and was duly adopted at a regular meeting of the City Council held on the 14th day of January, 2025, by the following roll-call vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

PATRICIA A. VAZQUEZ, CITY CLERK
Resolution No. 2571
November 20, 2024
Page No. 1
RESOLUTION NO. 2571

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF STANTON RECOMMENDING THE CITY

COUNCIL ADOPT AN ORDINANCE AMENDING AND
RESTATING CHAPTER 9.52 OF THE STANTON

MUNICIPAL CODE REGARDING PUBLIC LODGING

FACILITIES REGULATIONS, AMENDING THE
REFERENCE TO “LODGING – HOTEL OR MOTEL” IN
SECTION 20.215.020, TABLE 2-5, AMENDING THE
REFERENCE TO “LODGING” IN TABLE 2-11 OF SECTION

20.30.040, AND FINDING THE PROPOSED ACTION TO

BE EXEMPT FROM CEQA PURSUANT TO STATE CEQA
GUIDELINES SECTIONS 15060(c)(2) AND 15060(c)(3)

AND ALTERNATIVELY CATEGORICALLY EXEMPT
PURSUANT TO SECTIONS 15301 AND 15061(b)(3) OF

STATE CEQA GUIDELINES
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, pursuant to Cal. Const. Art. XI, Sec. 7 and under the City’s general police powers, the City is empowered and charged with responsibility for the health, safety, and welfare of its citizens; and
WHEREAS, the City protects the health, safety, and welfare of the community through numerous avenues, including by establishing and enforcing zoning, licensing and health, and safety regulations on specified commercial activities; and WHEREAS, the City has observed ongoing criminal activity originating from public lodging facilities, such as hotels, motels, and other similar public lodging facilities, within the City, leading deputies of the Orange County Sheriff Department (“OCSD”) to respond annually to hundreds of calls related to illicit sexual activities, suspected human trafficking, narcotics violations, stolen vehicles, weapon possession, probation and parole violations, burglary, robbery, gang activity, assaults, and assaults with deadly weapons; and
WHEREAS, as of November 30, 2023, City staff research reveals that OCSD responded to at least 443 service calls in 2023 addressing criminal issues at motel establishments within the City. That cumulatively amounts to approximately 480 hours of dedicated law enforcement response; and
WHEREAS, public lodging facilities where unlawful activities are not curtailed pose substantial and immediate threats to the health, safety, and welfare of the community.

These detrimental effects encompass, among other things: (1) potential harm to patrons arising from criminal acts committed at these locations; (2) injury risks to patrons and Attachment: B
Click here to return to the agenda.

Resolution No. 2571
November 20, 2024
Page No. 2
employees due to insufficient safety and security standards; and (3) heightened risk of prostitution and human trafficking activities; and
WHEREAS, the impact of criminal activities at public lodging facilities are not confined to the premises alone, but also extend into the broader community and further affect the operations of regional facilities, such as hospitals and correctional facilities; and WHEREAS, to combat these issues, the City Council adopted Interim Ordinance Urgency Ordinance No. 1136 at its December 12, 2023, meeting to institute a 45-day moratorium to provide staff with time to research, study, and prepare recommendations for the Council’s consideration (the “Moratorium”); and WHEREAS, at its January 9, 2024, meeting, the City Council adopted Urgency Ordinance No. 1137 to extend the Moratorium for an additional 10 months and 15 days to provide staff with additional time to research, study, and prepare recommendations for the Council’s consideration, and on October 22, 2024, the Moratorium was extended an additional six months; and
WHEREAS, this Moratorium restricts the establishment of new public lodging, lodging facilities, or lodging businesses within the City and prohibits the expansion, enlargement, or alteration of their physical footprints. It further restricts the City from issuing any use permit, license, variance, building permit, business license, or other applicable entitlement, license, permit, or approval for the establishment, expansion, enlargement, or alteration of any public lodging, lodging facility, or lodging business within the City during the Moratorium with some exceptions for ordinary repairs and maintenance for existing businesses or where required by law; and WHEREAS, throughout the duration of the Moratorium, City staff, in collaboration with OCSD and the City Attorney's office, has conducted research to understand the impacts of public lodging facilities and uses on community welfare and explored potential amendments to the City's regulatory process and zoning codes to protect public health, safety, and welfare and mitigate potential illegalities occurring at these establishments; and
WHEREAS, Chapter 9.52 of the Stanton Municipal Code contains regulations intended to address the negative impacts caused by public lodging facilities. Despite these regulations, public lodging facilities continue to present challenges in maintaining public safety and preventing criminal activity, which in turn adversely affects the health, safety, and welfare of the community and degrades the overall quality of life in the City; and
WHEREAS, the proposed ordinance (“Ordinance”) strengthens operational standards for public lodging facilities, enhances accountability for operators, introduces stricter enforcement mechanisms, including a new regulatory inspection program, and includes an amendment to the City’s Zoning Code to require a conditional use permit for lodging facilities in certain zoning districts; and
Resolution No. 2571
November 20, 2024
Page No. 3
WHEREAS, the Planning Commission of the City conducted a duly noticed public hearing on November 20, 2024, to consider approval of this Ordinance, at which hearing members of the public were afforded an opportunity to comment upon these amendments to the Stanton Municipal Code.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
STANTON RESOLVES AS FOLLOWS:

SECTION 1. That the recitals set forth above are found to be true and correct and are incorporated herein by reference.

SECTION 2. The Planning Commission finds that this Ordinance 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. The State CEQA Guidelines provide that “[a]n activity is not subject to CEQA if … the activity is not a project as defined in Section 15378.” (State CEQA Guidelines, § 15060(c).) Here, the Ordinance does not qualify as a “project” as defined in State CEQA Guidelines section 15378 for at least two different reasons: First, Section 15378 defines a project as an activity that “has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” (State CEQA Guidelines, § 15378(a).) The Ordinance updates existing operational standards for public lodging facilities and requires a conditional use permit to operate public lodging facilities within certain zoning districts. Such actions will not result in a direct or reasonably foreseeable indirect physical change in the environment. Accordingly, the Ordinance is not a “project” subject to CEQA. (State CEQA Guidelines, § 15060(c)(2).) Second, Section 15378 explicitly excludes from its definition of “project” the following:
“organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.” (State CEQA Guidelines, §§ 15378(b)(5); 15060(c)(3).) The Ordinance constitutes an organizational or administrative activity that will not result in a physical change in the environment, and it therefore is not subject to CEQA.

Even if the Ordinance is considered a “project” subject to CEQA, it is categorically exempt pursuant to State CEQA Guidelines Section 15301 because it involves updating existing regulations over public lodging facilities within existing private structures with negligible or no expansion of existing or former use. In addition, the proposed Ordinance is exempt from CEQA pursuant to the “common sense” exemption under CEQA Guidelines section 15061(b)(3) because there is no possibility that the Ordinance might have a significant effect on the environment. The Ordinance merely updates the existing regulatory standards of public lodging facilities and requires a conditional use permit to operate such a facility within certain zoning districts. Lastly, none of the exceptions to the use of categorical exemptions identified in State CEQA Guidelines section 15300.2 apply: there is no potential for cumulative impacts; there are no unusual circumstances that would have a significant impact on the environment due to the adoption of the amendments; the Ordinance would not negatively impact scenic resources within a duly designated scenic highway; there is no record of hazardous waste and the Ordinance has no potential to Resolution No. 2571
November 20, 2024
Page No. 4
impact historic resources. The Planning Commission further recommends that the City Council direct staff to file a Notice of Exemption for this Ordinance with the County Clerk and the State Clearinghouse in accordance with State CEQA Guidelines.

SECTION 3. Based on all the evidence in the record, the Planning Commission has determined that amending the Stanton Municipal Code to further regulate public lodging facilities and require a conditional use permit to operate a public lodging facility within certain zoning districts is appropriate for the following reasons:

1. Consistency with City’s General Plan: By introducing enhanced operational controls and conditional use permit requirements, the Ordinance helps ensure that public lodging facilities contribute to overall community safety consistent with Community Health & Safety Element (“CHS”) of the General Plan. More specifically, the Ordinance supports efforts to enhance public safety through effective oversight and management in furtherance of Goal CHS-4.3 of the City’s General Plan. The Ordinance is also consistent with Action CHS-4.3.1(c), as it encourages the City to evaluate and potentially enhance law enforcement services by addressing challenges commonly associated with public lodging facilities, such as security and operational concerns. Furthermore, the Ordinance supports Goal CHS-4.4, which promotes safe communities, by discouraging criminal activity.

2. Adoption of Ordinance Will Not be Detrimental to the Public Interest, Health, Safety, Convenience, or Welfare: By updating the regulatory and operational standards for public lodging facilities, the Ordinance promotes more effective oversight and ensures that these facilities operate in a manner that aligns with the City’s commitment to maintaining a high quality of life for its residents and visitors.

The Ordinance further enhances operational requirements and land use controls to ensure that lodging facilities are appropriately regulated to advance the public health, safety, and welfare of the community.

3. Consistency with Zoning Code: The proposed Ordinance is consistent with the City’s Zoning Code, as it strengthens existing regulations for public lodging facilities in line with the Code’s broader goals of ensuring responsible land use. By updating existing operational, sanitary, and security standards for public lodging facilities and introducing conditional use permit requirements in certain zoning districts, the Ordinance provides a more tailored approach to regulating such facilities to ensure they operate in a manner that is compatible with surrounding land uses and community objectives.

SECTION 4: The Planning Commission hereby recommends that the City Council approve and adopt Ordinance No. 1154 attached hereto as Exhibit "A” and incorporated herein by reference.

SECTION 5. The documents and materials associated with this Ordinance that constitute the record of proceedings on which these findings are based are located at 7800 Katella Avenue, Stanton, California 90680. The Community and Economic Development Director is the custodian of the record of proceedings.

Resolution No. 2571
November 20, 2024
Page No. 5
SECTION 6. This Resolution shall become effective upon its adoption. The Planning Secretary shall certify to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission on the 20th day of November 2024, by the following vote:

AYES: Adams, Frazier, Ash, Tran
NAYS:

ABSENT:

ABSTAIN:

CITY OF STANTON
_Original signed by Thomas Adams___
Thomas Adams
Planning Commission Chairperson
ATTEST:
_Original signed by Crystal Landavazo___
Crystal Landavazo
Planning Commission Secretary
-1-

EXHIBIT A
ORDINANCE NO. 1154

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

STANTON, CALIFORNIA AMENDING AND RESTATING
CHAPTER 9.52 OF THE STANTON MUNICIPAL CODE

REGARDING PUBLIC LODGING FACILITIES

REGULATIONS, AMENDING THE REFERENCE TO
“LODGING – HOTEL OR MOTEL” IN SECTION 20.215.020,
TABLE 2-5, AMENDING THE REFERENCE TO “LODGING”
IN TABLE 2-11 OF SECTION 20.30.040, AND FINDING

THE ORDINANCE TO BE EXEMPT FROM CEQA

PURSUANT TO STATE CEQA GUIDELINES SECTIONS
15060(c)(2) AND 15060(c)(3) AND ALTERNATIVELY

CATEGORICALLY EXEMPT PURSUANT TO SECTIONS
15301 AND 15061(b)(3) OF STATE CEQA GUIDELINES
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, pursuant to Cal. Const. Art. XI, Sec. 7 and under the City’s general police powers, the City is empowered and charged with responsibility for the health, safety, and welfare of its citizens; and
WHEREAS, the City protects the health, safety, and welfare of the community through numerous avenues, including by establishing and enforcing zoning, licensing and health, and safety regulations on specified commercial activities; and WHEREAS, the City has observed ongoing criminal activity originating from public lodging facilities, such as hotels, motels, and other similar public lodging facilities, within the City, leading deputies of the Orange County Sheriff Department (“OCSD”) to respond annually to hundreds of calls related to illicit sexual activities, suspected human trafficking, narcotics violations, stolen vehicles, weapon possession, probation and parole violations, burglary, robbery, gang activity, assaults, and assaults with deadly weapons.

WHEREAS, as of November 30, 2023, City staff research reveals that OCSD responded to at least 443 service calls in 2023 addressing criminal issues at motel establishments within the City. That cumulatively amounts to approximately 480 hours of dedicated law enforcement response; and
WHEREAS, staff research further revealed that the City spends an estimated $16.2 million on law enforcement and public safety on an annual basis; and WHEREAS, public lodging facilities where unlawful activities are not curtailed pose substantial and immediate threats to the health, safety, and welfare of the community.

These detrimental effects encompass, among other things: (1) potential harm to patrons arising from criminal acts committed at these locations; (2) injury risks to patrons and -2-
employees due to insufficient safety and security standards; and (3) heightened risk of prostitution and human trafficking activities; and
WHEREAS, the impact of criminal activities at public lodging facilities are not confined to the premises alone, but also extend into the broader community and further affect the operations of regional facilities, such as hospitals and correctional facilities; and WHEREAS, to combat these issues, the City Council adopted Interim Ordinance Urgency Ordinance No. 1136 at its December 12, 2023, meeting to institute a 45-day moratorium to provide staff with time to research, study, and prepare recommendations for the Council’s consideration (the “Moratorium”);
WHEREAS, at its January 9, 2024, meeting, the City Council adopted Urgency Ordinance No. 1137 to extend the Moratorium for an additional 10 months and 15 days to provide staff with additional time to research, study, and prepare recommendations for the Council’s consideration;
WHEREAS, this Moratorium restricts the establishment of new public lodging, lodging facilities, or lodging businesses within the City and prohibits the expansion, enlargement, or alteration of their physical footprints. It further restricts the City from issuing any use permit, license, variance, building permit, business license, or other applicable entitlement, license, permit, or approval for the establishment, expansion, enlargement, or alteration of any public lodging, lodging facility, or lodging business within the City during the Moratorium with some exceptions for ordinary repairs and maintenance for existing businesses or where required by law; WHEREAS, throughout the duration of the Moratorium, City staff, in collaboration with OCSD and the City Attorney's office, has conducted research to understand the impacts of public lodging facilities and uses on community welfare and explored potential amendments to the City's regulatory process and zoning codes to protect public health, safety, and welfare and mitigate potential illegalities occurring at these establishments; and
WHEREAS, Chapter 9.52 of the Stanton Municipal Code contains regulations intended to address the negative impacts caused by public lodging facilities. Despite these regulations, public lodging facilities continue to present challenges in maintaining public safety and preventing criminal activity, which in turn adversely affects the health, safety, and welfare of the community and degrades the overall quality of life in the City; WHEREAS, the proposed ordinance (“Ordinance”) strengthens operational standards for public lodging facilities, enhances accountability for operators, introduces stricter enforcement mechanisms, including a new regulatory inspection program, and includes an amendment to the City’s Zoning Code to require a conditional use permit for lodging facilities in certain zoning districts; and
WHEREAS, on November 20, 2024, the Planning Commission conducted and concluded a duly noticed public hearing concerning the Ordinance contained herein as -3-
required by law and following receipt of all public testimony closed the hearing on that date, and adopted Resolution No. 2571;
WHEREAS, the City Council conducted a duly noticed public hearing on December 10, 2024, at which members of the public were afforded an opportunity to comment on this Ordinance, the recommendations of staff, and other public testimony; and,
WHEREAS, all legal preconditions to the adoption of this Ordinance have occurred.

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

SECTION 1. Recitals. The recitals set forth above are true and correct and are hereby adopted as findings in support of this Ordinance as if fully set forth herein.

SECTION 2. CEQA. The City Council finds that this Ordinance 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. The State CEQA Guidelines provide that “[a]n activity is not subject to CEQA if … the activity is not a project as defined in Section 15378.” (State CEQA Guidelines, § 15060(c).) Here, the Ordinance does not qualify as a “project” as defined in State CEQA Guidelines section 15378 for at least two different reasons: First, Section 15378 defines a project as an activity that “has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” (State CEQA Guidelines, § 15378(a).) The Ordinance updates existing operational standards for public lodging facilities and requires a conditional use permit to operate public lodging facilities within certain zoning districts. Such actions will not result in a direct or reasonably foreseeable indirect physical change in the environment. Accordingly, the Ordinance is not a “project” subject to CEQA. (State CEQA Guidelines, § 15060(c)(2).) Second, Section 15378 explicitly excludes from its definition of “project” the following:
“organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.” (State CEQA Guidelines, §§ 15378(b)(5); 15060(c)(3).) The Ordinance constitutes an organizational or administrative activity that will not result in a physical change in the environment, and it therefore is not subject to CEQA.

Even if the Ordinance is considered a “project” subject to CEQA, it is categorically exempt pursuant to State CEQA Guidelines Section 15301 because it involves updating existing regulations over public lodging facilities within existing private structures with negligible or no expansion of existing or former use. In addition, the proposed Ordinance is exempt from CEQA pursuant to the “common sense” exemption under CEQA Guidelines section 15061(b)(3) because there is no possibility that the Ordinance might have a significant effect on the environment. The Ordinance merely updates the existing regulatory standards of public lodging facilities and requires a conditional use permit to operate such a facility within certain zoning districts. -4-
Lastly, none of the exceptions to the use of categorical exemptions identified in State CEQA Guidelines section 15300.2 apply: there is no potential for cumulative impacts; there are no unusual circumstances that would have a significant impact on the environment due to the adoption of the amendments; the Ordinance would not negatively impact scenic resources within a duly designated scenic highway; there is no record of hazardous waste and the Ordinance has no potential to impact historic resources.

Staff is directed to file a Notice of Exemption for this Ordinance with the County Clerk and the State Clearinghouse in accordance with State CEQA Guidelines.

SECTION 3. Findings. Government Code Sections 65860 and 65855 requires a city's zoning ordinance to be consistent with the general plan. Based on all evidence in the record for the Zoning Code Amendment and all other applicable information presented, the City Council finds that the proposed Code Amendment is appropriate for the following reasons:

1. Consistency with City’s General Plan: By introducing enhanced operational controls and conditional use permit requirements, the Ordinance helps ensure that public lodging facilities contribute to overall community safety consistent with Community Health & Safety Element (“CHS”) of the General Plan. More specifically, the Ordinance supports efforts to enhance public safety through effective oversight and management in furtherance of Goal CHS-4.3 of the City’s General Plan. The Ordinance is also consistent with Action CHS-4.3.1(c), as it encourages the City to evaluate and potentially enhance law enforcement services by addressing challenges commonly associated with public lodging facilities, such as security and operational concerns. Furthermore, the Ordinance supports Goal CHS-4.4, which promotes safe communities, by discouraging criminal activity.

2. Adoption of Ordinance Will Not be Detrimental to the Public Interest, Health, Safety, Convenience, or Welfare: By updating the regulatory and operational standards for public lodging facilities, the Ordinance promotes more effective oversight and ensures that these facilities operate in a manner that aligns with the City’s commitment to maintaining a high quality of life for its residents and visitors.

The Ordinance further enhances operational requirements and land use controls to ensure that lodging facilities are appropriately regulated to advance the public health, safety, and welfare of the community.

3. Consistency with Zoning Code: The proposed Ordinance is consistent with the City’s Zoning Code, as it strengthens existing regulations for public lodging facilities in line with the Code’s broader goals of ensuring responsible land use. By updating existing operational, sanitary, and security standards for public lodging facilities and introducing conditional use permit requirements in certain zoning districts, the Ordinance provides a more tailored approach to regulating such facilities to ensure they operate in a manner that is compatible with surrounding land uses and community objectives.
-5-
SECTION 4. Chapter 9.52 (Public Lodging) of the Stanton Municipal Code is hereby amended in its entirety and restated to read as follows (additions in underline, deletions in strikethrough):
“Chapter 9.52 Public Lodging

9.52.010 – Findings and definitions.

9.52.020 – Administration and enforcement.

9.52.040 – Registration required.

9.52.050 – Inspection of register, alterations.

9.52.060 – Registering under fictitious name prohibited.

9.52.070 – repeated use of room prohibited.

9.52.080 – Hourly room rates prohibited.

9.52.090 – Maintenance standards.

9.52.100 – Sanitation requirements – General.

9.52.110 – Toilet rooms and bathing facilities.

9.52.120 – Sleeping rooms – Air space.

9.52.130 – Sleeping rooms – Overcrowding and other unhealthful conditions prohibited.

9.52.140 – Linen and bedding for transient guest accommodations.

9.52.150 – Security measures.

9.52.160 – Amortization period.

9.52.170 – Enforcement.

9.52.180 – Operational Requirements.

9.52.190 – Guest Standards.

9.52.200 – Parking by Permit.

9.52.210 – Occupancy by Minors.

9.52.220 – Human Trafficking Notice.

9.52.230 – Certificate of Compliance Registration.

9.52.240 – Denial of Renewal; Certificate of Compliance Revocation.

9.52.250 – Inspections; Notice and Order to Comply.

9.52.260 – Appeals.

9.52.270 – Duplicated Regulation.

9.52.010 Findings and definitions.

A. The purpose of this chapter is to prevent the development of the nuisance conditions associated with health and sanitation. In addition, the purpose of this Chapter chapter is to prevent criminal activity associated with public lodging facilities.

B. The regulations set forth in this Chapter chapter are reasonably related to the accomplishment of this purpose and will not unduly interfere with the legitimate operation of public lodgings within the city.

C. As used in this chapter, "public lodging facility" means any hotel, motel, lodginghouse, boardinghouse, bed and breakfast inn, trailer court, or similar public -6-
lodging facility. For purposes of this Chapter, the following definitions will apply. If any of the definitions in this Chapter conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Chapter:

1. “Agent” means any person, including the operator’s representative, who is authorized to allow, let, lease, assign, or rent a guestroom.

2. “Building Official” means the building official of the City or their designee.

3. “City” means the city of Stanton.

4. “Code” means the Stanton Municipal Code.

5. "Enforcement personnel" means any police officer or code enforcement officer employed by the City.

6. “Department” means the Community & Economic Development Department of the City sometimes referred to in this Code as the Community Development Department.

7. “Director” means the Community & Economic Development Director of the City or their designee.

8. “Guest” means any person who occupies or otherwise uses the whole or part of a guestroom within a public lodging facility, whether alone or with other persons.

9. “Guestroom” means any portion of a public lodging facility, including any suite, room, or bed, occupied or designed or intended for occupancy for temporary lodging or sleeping purposes.

10."Operator" means the person who is owner, in whole or in part, or proprietor of a public lodging facility or any other person who has the right to allow, let, lease, assign, or rent guestrooms within the public lodging facility to guests or customers or to facilitate the rental of guestrooms, whether in the capacity of owner, mortgagee in possession, or any other capacity. Where the operator performs functions through a representative, as defined herein, the representative is also deemed an operator for the purposes of this Chapter and shall have the same duties as the operator. Full compliance with the provisions of this Chapter by either the operator or their representative is considered to be compliance by both. In the event of noncompliance with any provision of this Chapter by the representative, the operator shall be held strictly liable for such noncompliance.

11."Operate" or "engage in" includes carry on, keep, conduct, allow, maintain, or cause to be kept or maintained.
-7-

12.“Owner” means the fee simple owner of the real property on which the public lodging facility is situated. In the event of noncompliance with any provision of this Chapter by the operator, their representative, or agent, the owner shall also be held strictly liable for such noncompliance.

13."Person" means any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust, or the manager, lessee, agent, servant, officer, or employee of any of them.

14.“Picture identification" includes a valid driver’s license, federal, or state government, or military identification card, or passport that contains the person’s picture, current address, and date of birth.

15.“Public lodging facility” means hotel, motel, lodginghouse, boardinghouse, bed and breakfast inn, trailer court, or similar structure located within the City intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied, on a temporary basis by guests.

16.“Representative” means the operator’s designated agent, property manager, or other person in charge or control of a public lodging facility on behalf of the operator.

17.“Substandard condition” means the presence of any one or more of the following conditions within the premises of a public lodging facility: any condition that constitutes a public nuisance as defined in California Civil Code Sections 3479-3480; any condition of deterioration or disrepair that creates a substantial adverse impact on neighboring properties; any condition of deterioration or disrepair that creates a substantial adverse impact on the guest's ability to reside in decent, safe sanitary, and secure housing; any violation of the Stanton Municipal Code that creates a substantial adverse impact on neighboring properties, such as graffiti or abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof; or any condition not in compliance with the Building Standards Codes, as adopted in Chapter 16.13 of this Code, including the building, electrical, plumbing, and mechanical codes, the California Fire Code, as adopted in Chapter 16.21 of this Code, or the State Housing Law (Health and Safety Code Sections 17910 et seq.). A substandard condition includes, but is not limited to, the following enumerated conditions:
a. Property within the public lodging facility, whether improved or not, which is not kept substantially clean and free from accumulations including, but not limited to, overgrown vegetation, dead trees, weeds, rank growth, rubbish, junk, garbage, litter, debris, flyers, circulars, or stagnant water. b. Buildings or structures which are unpainted or the exterior paint is substantially worn off; provided, however, that nothing in this Section -8-
may be construed to require an operator to paint a building where the architectural style indicates it was intended to be unpainted, such as a brown shingle building.
c. Buildings or structures or significant sections thereof including, but not limited to, awnings, canopies, exterior stairs, roof, foundation, walls, fences, signs, retaining walls, driveways, or walkways which are substantially deteriorated or defaced, or windows which are missing or broken. For the purposes of this Section, "defaced" includes, but is not limited to, writings, inscriptions, figures, scratches, or other markings commonly referred to as graffiti.
d. Property within the public lodging facility that contains, in any outdoor area, any refrigerator, washing machine, sink, stove, heater, boiler, tank, or any other household equipment, machinery, furniture, or item, appliance or appliances, boxes, lumber, dirt or debris, trash, garbage or refuse cans, or any items other than those commonly stored outdoors or any parts of such items. This does not prohibit machinery installed in the rear setback areas for recreational use, furniture designed and used for outdoor activities, and waste containers placed in the location designated by the solid waste enterprise during the period allowed for waste collection under Chapter 6.04 of this Municipal Code. e. A guestroom in which any or all of the following is present: no hot or cold running water; no functioning toilet; carpet that is unsanitary or is worn to the point that portions are missing; no heat or ventilation; visible signs of mold; visible signs of bug or rodent infestation; or any other condition that creates a living environment that is not decent, safe, or sanitary. f. Notwithstanding the above, nothing herein shall be interpreted to preclude the Building Official from enforcing public nuisances pertaining to unsafe buildings, structures, or property conditions, as defined by the Building Standards Codes, the California Fire Code, and the State Housing Law.

9.52.020 Administration and enforcement.

A. Except as otherwise provided in this chapter Chapter, the provisions of this chapter Chapter shall be administered and enforced by the chief of police and peace officers and by the City Manager, Director, Public Safety Services Director of the City, and their designees as deemed necessary. The Director may establish rules, forms, and procedures necessary or appropriate for implementing this Chapter.

B. The provisions of this Chapter are supplementary and complementary to other provisions of this Code and applicable statutes. Nothing in this Chapter may be construed to limit any existing right of the City to abate nuisances or to enforce any provisions of applicable law, statute, or this Code, including, but not limited -9-
to, provisions of Title 3 (Revenue and Finance) and Title 20 (Zoning) of this Code and the provisions of uniform codes adopted by reference in this Code.

9.52.040 Registration required.

A. No operator or agent may allow, let, lease, assign, or rent any guestroom to any person or persons until they have registered in accordance with this Section. Such registration must be completed before any guest uses or occupies the guestroom.

B. Every operator or agent person conducting or owning a public lodging facility in the city shall at all times keep and maintain therein a register, other permanent document, or electronic record which includes the full name, permanent address, telephone number, and date of birth of each and every guest seeking to use or occupy the guestroom, regardless of whether the guest or person is paying or nonpaying, and a copy of each guest’s picture identification. Such register or document shall be signed by the person actually renting the guestroom room or area., and Tthe operator or agent of the public lodging facility must examine and verify the guest information and documentation specified herein and, following verification, shall thereupon write opposite of each guest’s name such name or names so registered the number of each room or area assigned to or occupied by each such guest, together with the date and time when such room is rented, the rate charged for such rental, and such date or time when such guests check out of the room, or if the exact time of departure of the guest is not known, the date and time that the fact of the departure of each guest is ascertained. Until all of such entries shall have been made in such register or document, no such operator or agent shall allow or permit such guest or person to use or occupy privately any guestroom or area in such the public lodging facility. Every operator must preserve Ssuch register or document shall be preserved for a minimum period of three years after the date of its most recent entry.

C. Concurrent with the registration process, each and every guest shall identify all authorized or proposed occupants and users of the guestroom and provide to the operator or their agent valid picture identification. Valid picture identification includes a valid driver's license, federal or state government, or military identification card, passport or any form of identification that contains the transient's guest’s picture, current address and date of birth. The type of picture identification provided to the operator or agent shall be noted documented in the register and include the document's identification number and the state or country of issuance. Operators and their agents are prohibited from allowing or permitting a guest or person to rent or occupy any guestroom without verifying the guest has authentic picture identification and until the operator or agent has accurately and legibly completed the register with the information that corresponds to the picture identification presented by each guest.

D. The public lodging facility operator or their agent shall also include in the register information regarding the every guest's vehicle including the vehicle make and model, license plate number and the state of issuance. The operator or their agent -10-
shall verify the vehicle information either by personal observation or by examination of the vehicle's registration documents.

E. Operators and their agents are prohibited from allowing, leasing, renting, or assigning any guestroom without first obtaining a valid credit card or debit card that is in the name of the guest who is paying for the guestroom. If a guest does not use a credit or debit card to pay for the guestroom due to payment by cash, the operator or agent must first confirm the validity of the guest’s credit or debit card with the card issuer prior to the guest’s occupancy at the public lodging facility.

Notwithstanding the foregoing, nothing in this Section prevents public lodging facilities from renting a guestroom to a guest who is procuring the room with a valid voucher from a government agency.

9.52.050: Inspection of Register, alterations.

A. It is unlawful for any person to erase or alter, or allow another to erase or alter, the register or the entries recorded in the register or any other document required by this Chapter for any purpose. Erasures or alterations on the register or document required by this chapter shall not be permitted or made for any purpose, and it is unlawful to erase a name or names and address or addresses or permit or allow such an erasure.

Such register or documents shall be kept in a conspicuous place and shall be open to the inspection of the Director, any peace officer, enforcement personnel, or any other City officer or employee for law enforcement or for any other official purpose related to City business in accordance with any procedures established by this Code, provided that the operator or their representative consents or a warrant authorizing such inspection has been obtained.

B. On each page of the register, there shall be printed a notice stating that the register may be inspected by a peace officer enforcement personnel and any other City officer or employee for law enforcement or for other official purposes related to City business.

9.52.060 Registering under fictitious name prohibited.

No person shall write, provide, or cause to be written or provided, any false information, register under a fictitious name, or show or use a forged, altered, or counterfeit picture identification when procuring a guestroom within the City.

No person shall write or cause to be written, or knowingly permit to be written in any register in any public lodging facility any other or different name or designation than the true name of the person registering therein.

9.52.070 Repeated use of room prohibited.

No person shall let, lease, assign, or rent any guestroom or area in any public lodging facility in the city more than once in a twenty-four-hour period. -11-

9.52.080 Hourly room rates prohibited.

Operators and agents are prohibited from allowing, letting, leasing, assigning, or renting any guestroom, or causing, allowing, or facilitating an advertisement, for hourly or other short-term rates of less than twenty-four hours.

No person conducting or owning a public lodging facility and no person in actual charge, management or control of a public lodging facility, nor agent thereof, shall let or cause to be let, lease any room or area for hourly or other short-term rates of less than twenty-four hours, or in any way advertise that any room or area is available at hourly or other shorttime rates of less than twenty-four hours.

9.52.090 Maintenance standards.

A. Every public lodging facility shall be maintained in good repair. It is unlawful for any person to cause or permit another person to occupy any public lodging facility which does not comply with this chapter.

B. Every operator of a public lodging facility in the City must:

1. Maintain the public lodging facility such that no substandard condition exists at or on the public lodging facility;

2. Correct all substandard conditions before a re-inspection occurs or as otherwise directed by the Director;

3. Ensure all window glasses are without cracks, chips, holes, or otherwise damaged;

4. Maintain all areas on the public lodging facility designated for landscaping, such as lawns, planter beds, and other unsurfaced locations within the premises, with properly trimmed living plant materials free from litter and debris.

5. Maintain direction signs as appropriate throughout the public lodging facility to ensure that emergency personnel and enforcement personnel can find guestrooms in a timely manner.

6. Maintain and place locked and screened enclosures for all containers used for the storage of trash, garbage, recycled materials, or other debris at the exterior of the building(s).

7. Ensure all elevators within the public lodging facility are fully functional and pass appropriate agency inspections. The name and telephone number of the inspection agency must be posted in all elevators. Elevators must be operational on a 24 hour-a-day basis.
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8. Maintain all hallways, lobby areas, or other common public spaces of the public lodging facility, including swimming pool areas and other recreational areas of the public lodging facility available for guest use, in a sanitary condition free of trash, garbage, recycled materials, or other debris and free of any equipment, supplies, machinery, or any parts thereof when not in use.

99.52.100 Sanitation requirements—General.

Every operator must maintain the public lodging facility in accordance with the requirements of this Section:

A. Each habitable room, hallway, passageway, stairway, wall, partition, ceiling, floor, skylight, glass window, door, shade, drapery, blind, carpet, rug, matting, window curtain, furniture, compartment or room, plumbing fixture, drain, roof, vent, closet, cellar, basement, laundry room, yard, court, lot and the premises of every building in a public lodging facility shall be kept clean, free of stains, holes, rips, or odors in excess of normal wear and tear, in proper working order, sanitary, and free from debris, filth, rubbish, garbage, insects, pests, vermin, and other offensive matter.

B. All wall surfaces must be maintained without stains, flakes, chips, or holes, and in a clean and sanitary condition.

C. Each electrical outlet, electrical switch, electrical equipment, light, lamps, smoke detector, carbon monoxide detector, door, door knob, door handle, and mirror shall be maintained in a state of good repair without deteriorated, substandard, or hazardous conditions.

D. Garbage and putrescible matter, whether mixed with rubbish or other matter or not, shall be kept in watertight receptacles with close-fitting lids and with handles or bails. Such receptacles shall be thoroughly cleaned each time their contents are removed. Such garbage or putrescible material, whether mixed with rubbish or other material or not, shall not be kept for more than seven days.

E. It is unlawful for a person to permit or cause another person to occupy any room within the public lodging facility, in such condition of construction or maintenance as will that permits or causes the breeding or harborage therein or thereon of rodents, fleas, bedbugs, cockroaches, lice, mosquitoes or any other insects, pests, or vermin. No person operator may permit or cause, an accumulation of any material that may serve as a rodent harborage unless such material be elevated not less than eighteen inches above the ground or floor with a clear intervening space thereunder.

F. All public lodging facilities shall be cleaned, and effective insecticides safely applied, as often as is necessary to prevent the breeding or harboring therein or thereon of flies or mosquitoes insects, pests, or vermin. All fly or mosquito insect, pest, or vermin breeding materials shall be removed from all public lodging facilities -13-
as often as is necessary to prevent the breeding or harboring of flies or mosquitoes insects, pests, or vermin. Operators may not permit, operate, or maintain the public lodging facility, or allow or cause another to operate or maintain the public lodging facility, in a manner that permits or causes the breeding or harboring therein or thereon of flies or mosquitoes insects, pests, or vermin. No person shall operate or maintain or cause to be operated or maintained any public lodging facilities in such a manner as will permit the breeding or harboring therein or thereon of flies or mosquitoes.

9.52.110 Toilet rooms and bathing facilities.

Every guestroom in a public lodging facility shall contain a lavatory and bathtub or shower maintained in a state of good repair. All lavatories, bathtubs and showers of public lodging facilities shall be provided with hot and cold running water under pressure. All toilet rooms, bath and shower rooms and utility rooms shall be adequately lighted and ventilated to the outside atmosphere. All such rooms and the fixtures and equipment therein shall be maintained in a state of good repair and free from dirt, filth and corrosion. It is unlawful for any person to cause or permit another person to occupy any room in a public lodging facility which does not comply with this section.

9.52.120 Sleeping rooms—Air space.

A. It is unlawful for an operator or agent a person to permit or cause another person to occupy any room in a public lodging facility used for sleeping any purposes unless such room shall contains at least five hundred cubic feet of air space.

B. Every room in a public lodging facility used for sleeping any purposes, occupied by two persons, shall contain not less than six hundred and thirty cubic feet of air space.

C. Every room or place in a public lodging facility used for sleeping purposes shall be deemed to be overcrowded if it is occupied by more than two persons and contains less than six hundred thirty cubic feet of air space plus five hundred cubic feet of air space for every person occupying the room in excess of two persons.

9.52.130 Sleeping rooms—Overcrowding and other unhealthful conditions prohibited.

No person shall allow, rent, lease, or permit another person to use for sleeping any purposes any kitchen, cellar, hallway, bath, shower, compartment, toilet room, or any habitable room or place within the public lodging facility which is detrimental to the health of the occupant or occupants by reason of overcrowding or insufficiency of light, windows, ventilation, or drainage. The window area of any room used for sleeping purposes shall not be less than one-eighth of the floor area and shall be at least one-half openable or the room completely air-conditioned, provided that the air conditioning unit is maintained in good working condition.
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9.52.140 Linen and bedding for transient guest accommodations.

All rooms in a public lodging facility, rented to transient guests wherein beds are used shall be provided with an adequate amount of clean bedding, springs and mattresses, in good repair and free of stains, holes, rips, or odors in excess of normal wear and tear. All such beds, springs and mattresses shall be maintained in a sanitary condition. Public lodging facilities shall provide an adequate amount of clean washcloths, hand and bath towels, and other linen necessary for each new guest therein or at least once a week when occupancy does not change.

9.52.150 Security measures.

A. Every public lodging facility shall install and maintain, in proper operating order, security cameras sufficient to maintain clear, continuous visual coverage of all entry points, in each interior hallway and lobby, in the parking lots and any other parking areas, common areas, and at each exterior door. The cameras shall be placed so as to provide visibility to the front and rear exteriors of the building and to any swimming pool area. Monitors shall be provided for security and other personnel so that on-site activities may be viewed at all times. Videotapes from security cameras shall be operating twenty-four hours a day and shall be kept a minimum of thirty sixty (60) days.

B. Each public lodging facility shall install and maintain signage in the guest registration area providing notice to guests that security cameras are operating throughout the facility.

C. Every public lodging facility shall install and maintain, in proper operating order, security lighting in each exterior hallway, in the parking lots, and at each exterior door. The lighting shall be placed so as to provide visibility to the front and rear exteriors of the building and to any swimming pool area. The exterior of the public lodging facility, including adjacent public sidewalks, must be illuminated during all hours of darkness when the public lodging facility is open for business. The lighting must be sufficiently illuminated to enable individuals standing in these areas to be identifiable from the street and must be positioned in a manner that minimizes any disturbance of neighboring properties.

D. All guestrooms must include an operable lock on each main swinging entry door installed in accordance with the manufacturer's specifications and in compliance with applicable state and local codes including, but not limited to, those provisions relating to fire and life safety and accessibility for people with disabilities. Each guestroom must include a working viewport on each main swinging entry door or must include a window convenient to the main swinging entry door. Each door connecting two guestrooms that share a common wall must be equipped with a functional deadbolt lock installed in accordance with the manufacturer's specifications and in compliance with applicable state and local codes. -15-
E. All guestrooms with windows designed to be opened must be installed in accordance with the manufacturer's specifications and in compliance with applicable state and local codes and must have an operable window security or locking device that is tamper-resistant.

9.52.160 Amortization period.

All public lodging facilities existing on the effective date of this chapter Ordinance No. 1154 shall have ninety days to comply with the requirements of this Chapter and to implement any changes in the operations and standards of the public lodging facility in compliance with this Chapter, except for compliance with Sections 9.52.230, 9.52.240, and 9.52.250, which shall follow the specific timelines and procedures set forth therein. security measures required in Section 9.52.150.

9.52.170 Enforcement.

Any person who violates any provision of this chapter is subject to the penalties provided in Chapters 1.10 and 1.12 of this code.

A. The operator of a public lodging facility and owner of real property on which the public lodging facility is located are strictly liable for any violation of this Chapter that occurs on the public lodging facility, regardless of whether the operator or owner has a contract or agreement, whether oral or written or for compensation or consideration, with their agent(s), representative, or any third party concerning the operation or maintenance of the public lodging facility.

B. Notwithstanding the foregoing, any other person, including guests and non-guests of the public lodging facility, who violates any provision of this Chapter are subject to the penalties provided in Chapters 1.10 and 1.12 of this Code.

C. The City Council may by resolution establish, modify, or amend fees for the implementation, administration, and enforcement of this Chapter, including, but not limited to, registration and renewal fees, processing fees, inspection and reinspection fees and penalties for delinquent payment of such fees.

D. Any violation of this Chapter is unlawful and constitutes a strict liability offense, regardless of intent, unless otherwise stated. The remedies provided in this Chapter are cumulative and not exclusive and nothing in this Chapter precludes the use or application of any other remedies, penalties, or procedures established by law.

E. Any violation of this Chapter constitutes a public nuisance which may be abated by the City in accordance with California Code of Civil Procedure § 731 through any means provided by law, including, but not limited to, Chapters 1.10 and 9.16 of this Code.
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F. In addition to or in lieu of other action, the City may, at its discretion, undertake any one or all of the following legal actions to correct or abate any nuisances or violations under this Chapter:

1. Criminal Penalty. Any violation of this Chapter constitutes a misdemeanor punishable under Chapter 1.10 of this Code.

2. Civil Penalties. Any operator who violates any provision of this Chapter, or causes or allows their agent(s) to violate any provision of this Chapter, is liable for a civil penalty established by resolution of the City Council.

3. Administrative Citations. Any operator who violates any provision of this Chapter, or causes or allows their agent(s) to violate any provision of this Chapter, is subject to administrative fines established by resolution of the City Council in accordance with Chapter 1.12 of this Code.

Any person who violates any provision of this chapter is subject to the penalties provided in Chapters 1.10 and 1.12 of this code.

9.52.180 Operational Requirements.

A. Notwithstanding anything herein, graffiti on the premises of the public lodging facility must be removed on a continuous basis within forty-eight hours of application.

B. Operators and agents are prohibited from facilitating, causing, allowing, or permitting the public lodging facility to be used for the purpose of prostitution.

C. Operators and agents are prohibited from facilitating, causing, allowing, or permitting the public lodging facility from being used for any illegal drug activity, drug-related nuisance, violent crime, threat of violent crime, or unlawful weapon or ammunition crime.

1. For purposes of this section:
i. “Drug-Related nuisance” means any activity related to the possession, sale, use or manufacturing of a controlled substance that creates an unreasonable interference with the comfortable enjoyment of life, property, or safety of other guests of the public lodging facility. These activities include, but are not limited to, any activity commonly associated with illegal drug dealing, such as noise, steady traffic day and night to a particular unit, barricaded units, possession of weapons, or drug loitering as defined in Health and Safety Code Section 11532, or other drug-related activities. ii. “Violent crime” means any crime involving use of a gun, a deadly weapon or serious bodily injury and for which a police report has been completed.
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D. The operator of the public lodging facility or their representative must be accessible, in person or by telephone, on a 24 hour-a-day basis. The name and contact information of the operator or their representative must be posted at all times in a conspicuous location in guestrooms and at the hotel registration or lobby area where all persons will have full, unobstructed, accessible view of this information.

E. Unless an operator acts as their own representative for all purposes under this Chapter and so advises the City on the operator’s application for registration or renewal thereof, all operators of a public lodging facility must designate a representative with full authority to act on behalf of the operator for all purposes under this Chapter, including the acceptance of service of all notices from the City.

9.52.190 Guest Standards.

A. No person shall linger, loiter, sit, stand, or otherwise use for business or social purposes any area in any public lodging facility in violation of the expressed wish of the operator or agent of the public lodging facility.

B. It is unlawful for any person to refuse or fail to leave the property of a public lodging facility when requested by the operator, their agent, or by a peace officer when acting at the request of the operator or the operator’s agent. This Subsection applies to all areas of the public lodging facility, regardless of whether or not such areas are open to the general public.

C. This Section does not apply:

1. To guests currently registered in the public lodging facility or to persons who have otherwise been given the right to use a certain portion or portions of the public lodging facility by the operator or their agent.

2. Persons engaged in lawful labor union activities.

3. Where its application results in or is coupled with an act prohibited by the Unruh Civil Rights Act or any other provision of law relating to prohibited discrimination.

4. Where its application results in or is coupled with an act prohibited by Section 365 of the California Penal Code or any other provision of law relating to duties of innkeepers and common carriers.

D. Nothing in this Chapter shall be construed or applied so as to abridge the lawful exercise of rights guaranteed under the First Amendment to the Constitution of the United States.
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9.52.200 Parking by Permit.

A. No person may stand or park any vehicle in a public lodging facility’s parking lot or parking area unless a parking permit issued by the public lodging facility is displayed on the vehicle for the entire duration of their occupancy at the public lodging facility. Public lodging facilities may not issue parking permits to any person who is not an operator, agent, guest registered in accordance with Section

9.52.040, employee of the public lodging facility, or contractor of the public lodging facility on site for official business.

B. Public lodging facilities may not issue a parking permit to a guest unless the guest has provided all information and documentation required for registration under Section 9.52.040. The public lodging facility is responsible for monitoring its parking areas and enforcing the requirements of this Section.

C. The requirements of this Section do not apply to any authorized emergency vehicle, City vehicle, vehicle owned by a public utility when such vehicle is being used for official business, or vehicle used for lawful collection or delivery of United States mail.

D. The requirements of this Section may be modified or waived through approval of a conditional use permit in accordance with Chapter 20.550.

9.52.210 Occupancy by Minors.

No operator or agent shall permit or allow the occupancy of any room by any minor unless such minor is accompanied by their adult parent, legal guardian, or a responsible adult authorized in writing by a parent or legal guardian of the minor. Except in the case of sickness, death, or act of God, adult parents, legal guardians, or other responsible adults authorized in writing by a parent or legal guardian of the minor must remain registered for the entire duration of the minor’s stay and must occupy the guestroom for the same duration as the longest-staying minor.

9.52.220 Human Trafficking Notice.

Every public lodging facility must post a notice that complies with the requirements of this Section in a conspicuous place near the public entrance of the establishment or in another conspicuous location in clear view of the public and employees where similar notices are customarily posted. The notices to be posted pursuant to this Section shall be at least eight and one-half inches by eleven inches in size, written in a sixteen-point font, printed in English, Spanish, Vietnamese, and Korean and shall state the following:

If you or someone you know is being forced to engage in any activity and cannot leave – whether it is commercial sex, housework, farm work, construction, factory, retail, restaurant work, or any other activity –
text 233-733 (Be Free)
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Or call the National Human Trafficking Hotline at 1-888-373-7888 or the California Coalition to Abolish Slavery and Trafficking (CAST) at 1-888-KEY-2-FRE(EDOM) or 1-888-539-2373 to access help and services.

Victims of slavery and human trafficking are protected under United States and California Law.

The hotlines are:
• Toll-free.
• Operated by nonprofit, nongovernmental organizations. • Anonymous and confidential.
• Accessible in more than 160 languages.
• Able to provide help, referral to services, training, and general information.

9.52.230 Certificate of Compliance Registration.

A. One year from the effective date of Ordinance No. 1154 all public lodging facilities must register with the Department in accordance with this Chapter to enroll in the certificate of compliance program set forth herein. The public lodging facility registration or renewal application submitted by operators or their representatives must identify all guestrooms of the public lodging facility. Nothing herein shall require the operator or their representative to provide a guest registry as part of the initial registration process.

B. One year from the effective date of Ordinance No. 1154, a certificate of compliance is required for any public lodging facility to operate within the City. It is unlawful for any person to engage in, conduct, or carry on any public lodging establishment within the City without a current certificate of compliance issued by the City.

C. Operators or their representatives must register their respective public lodging facility according to a schedule established by the Director. The schedule will include registration deadlines of not less than 60 days following notice and delivery to the operator or their representative by the Director of a questionnaire and such other forms as the Director may determine necessary to satisfy the registration requirements of this Chapter.

D. A public lodging facility registration approved in accordance with this Chapter is valid for purposes of complying with the inspection provisions of this Chapter for five (5) years from the date the Director issues a certificate of compliance or until one of the following circumstances occurs, whichever is sooner:

1. The operator or their representative fails to notify the Department of any change in the information submitted pursuant to this Section within 30 days of such change; or
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2. The operator or their representative fails to pay any fees established under this Chapter or Chapter 5.12 when payment is due; or

3. The public lodging facility is sold or transferred to a new operator and the new operator fails to submit an application for a public lodging facility registration to the Department within 90 days following the date of the sale or transfer; or

4. The Director determines that the certificate of compliance is no longer valid because a substandard condition or conditions exist at or on any portion of the public lodging facility listed in the certificate of compliance or for any of the reasons set forth in Section 9.52.240.

E. As part of the initial registration process, a public lodging facility is deemed to be registered with the City when the operator or their representative submits all the following to the Department, meets the requirements herein, and receives a certificate of compliance from the Director:

1. An application for a public lodging facility registration must be submitted to the Department on forms provided by the Director. The application will include, but is not limited to, the following information:
a. Description of the public lodging facility, including, but not limited to, the street address and assessor's parcel number;
b. A list of all guestrooms within the public lodging facility, identified by a means unique to each guestroom (e.g., room number, unit number, etc.);
c. Name, address, telephone number, and email address for the owner, operator, and the operator’s representative;
d. The name, address, telephone number, and email address of the person or entity that a guest is to contact when requesting repairs to be made to guestroom, and the contact person's business relationship to the operator or their representative;
e. A declaration of compliance from the operator or their representative, declaring that all guestrooms that are or may be available for rent are listed in the public lodging facility registration or renewal application and meet or will meet the standards in this Chapter before the guestrooms are rented; and
f. Any other information required by the Director.
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2. Within one year from the effective date of Ordinance No. 1154, all existing public lodging facilities must undergo and pass an initial inspection in accordance with the standards and procedures set forth in this Section and Section 9.52.250 (Inspections; Notice and Order to Comply). Any new public lodging facility proposed after the enactment of Ordinance No. 1154 must undergo and pass an inspection in accordance with the standards and procedures set forth in this Section and Section 9.52.250 (Inspections; Notice and Order to Comply) and any scheduled established by the Director.
a. If the Director determines that the public lodging facility fails the inspection based upon violations of applicable laws or ordinance or the existence of substandard conditions, the Director will notify the operator in writing by mailing the results of the inspection by firstclass mail to the addresses of the operator and their representative, if any, identified in the operator’s current public lodging facility registration or renewal application, specifying in detail the reason(s) for the Director's determination. Any public lodging facility disputing the results of the inspection may file an appeal in accordance with the procedures applicable to appeals set forth in Section 9.52.260 of this Chapter.

F. If, upon approval of an application for public lodging facility registration or a renewal thereof or following an inspection where no violations of applicable laws or ordinances are determined to exist, the Director will issue a certificate of compliance to the operator or their representative. A certificate of compliance is valid until renewal of the registration or revocation of such certificate as specified herein.

G. Public lodging facility registration must be renewed by submittal of a public lodging facility registration renewal application at least 60 days before the current certificate of compliance expires, which application shall contain all of the information required by Subsection (E)(1) of this Section, and be accompanied by a new declaration as required by subparagraph (E)(1)(e) of this Section.

H. If any of the information required by Subsection (D)(1) of this Section changes during the term of a certificate of compliance, the operator or their representative must update the information within 30 days of the information changing on a form provided by the Department.

I. It is unlawful for any person to knowingly make a false statement of fact or knowingly omit any information that is required to register a public lodging facility or guestroom pursuant to this Section.
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9.52.240 Denial and Revocation of Certificate of Compliance.

A. A public lodging facility registration or renewal application for a certificate of compliance may be denied by the Director for reasons including, but not limited to:

1. Submitting an incomplete application;

2. Submitting an application the operator or their representative knows or should have known is false;

3. Failing to comply with a Notice and Order to Comply, as required in this Chapter;

4. Failing to update and deliver registration information as required by Section 9.52.230 (Certificate of Compliance Registration);

5. Operation of the public lodging facility that results in six or more nuisance activities on the public lodging facility property within a rolling six-month period, as measured from the date of the initial nuisance activity;

6. Posing a significant threat to public health, safety, or welfare, including but not limited to, operating in a manner that creates a substantial risk of harm to guests, staff, or the surrounding community such that denial of the registration is necessary for the preservation of public health, safety, and welfare.

B. A certificate of compliance may be revoked by the Director for reasons including, but not limited to:

1. Failing to comply with a Notice and Order to Comply, as required in this Chapter; or

2. Submitting a declaration of compliance the operator or their representative knows or should have known is false; or

3. Failing to update and deliver registration information as required by Section 9.52.230 (Certificate of Compliance Registration).

4. Operation of the public lodging facility that results in six or more nuisance activities on the public lodging facility property within a rolling six-month period, as measured from the date of the initial nuisance activity.

5. Posing a significant threat to public health, safety, or welfare, including but not limited to, operating in a manner that creates a substantial risk of harm to guests, staff, or the surrounding community such that revocation of the -23-
certificate of compliance is necessary for the preservation of public health, safety, and welfare.

C. If the Director denies a public lodging facility registration application or revokes a certificate of compliance, the Director will notify the operator in writing by mailing the denial or revocation notice by first-class mail to the addresses of the operator and their representative, if any, identified in the operator’s current public lodging facility registration or renewal application, specifying in detail the reason(s) for the Director's determination. The operator or their representative may appeal the denial or revocation by filing an appeal in accordance with the procedures applicable to appeals set forth in Section 9.52.260 of this Chapter.

D. If a public lodging facility registration or renewal application is denied or a certificate of compliance is revoked, the registration or renewal application will not be considered by the Director until all application or public lodging facilities deficiencies that were the basis for the denial or revocation are corrected to the satisfaction of the Director.

E. For purposes of this section, “nuisance activities” includes, but is not limited to, disturbance of the peace, illegal drug activity, prostitution, human trafficking, public drunkenness, harassment of passersby, gambling, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, illegal parking, excessive loud noises, traffic violations, lewd conduct, or police detentions and arrests on the property for which a police report has been completed.

1. This subsection is not the exclusive definition or designation of what constitutes nuisance activities within this City and instead supplements and is in addition to other regulatory codes, statutes, or ordinances enacted by the City, state, or any other legal entity or agency having jurisdiction.

9.52.250 Inspections; Notice and Order to Comply.

A. Every public lodging facility is subject to routine periodic inspection by the City, as provided by this Chapter.

B. Within 60 days following the receipt of an application for a certificate of compliance registration or a renewal thereof, the Director will schedule an inspection of the public lodging facility that is the subject of the application.

C. Before an interior inspection occurs under this Chapter, a notice of intent to inspect a public lodging facility will be mailed to the operator and their representative, if any, at the operator and representative's addresses, as they appear on the operator’s current public lodging facility registration or renewal application at least 14 calendar days prior to the date of the inspection. If the operator or their representative applies in writing to the Director for an extension -24-
of time within the original time specified in the notice for an interior inspection, the Director may extend the date and time.

D. The operator or their representative must be present at the public lodging facility at the time of the inspection. The time of the inspection shall be the time indicated in the notice or the time that the inspection was properly rescheduled in accordance with Subsection (H) of this Section. Violation of this Subsection or Subsection (E) of this Section may result in the imposition of a re-scheduling fee.

E. The operator or their representative must notify individual guests of the date and time of any interior inspection in writing at least 24 hours before the scheduled inspection or otherwise obtain legal access to the guestroom or guestrooms pursuant to the terms of the applicable rental or guest agreement.

F. If the guest does not consent to the entry for inspection following receipt of notice, the Director is authorized to seek an inspection warrant from a court of competent jurisdiction to cause the inspection to take place. The operator will not be penalized or fined for the failure of a guest to afford access to a guestroom which is the subject of such an inspection, provided that the operator or their representative cooperates with the Director and makes a good faith effort to facilitate the inspection in accordance with this Section.

G. If, upon inspection, any substandard condition exists within the public lodging facility, the Director will provide the operator or their representative with a written "Notice and Order to Comply" that describes the substandard condition or conditions and the location of the substandard condition or conditions. The Notice and Order to Comply will specify a reasonable time for correction of the substandard condition or conditions that ranges, depending on the severity of the condition, from an immediate response time to 30 days from the date of said notice.

H. If the operator or their representative applies in writing to the Director for an extension of time within the original correction period, the Director may extend the period for correction of the substandard condition or conditions if the Director determines that the operator or their representative has established that correction has been diligently pursued but the correction could not be reasonably completed within the original correction period.

I. The Notice and Order to Comply will be delivered or mailed by first-class mail to the operator and their representative at the address of the operator and their representative, if any, as such addresses appear on the operator’s current public lodging facility registration or renewal application.

J. Before initiating any correction of the substandard condition or conditions identified in the Notice and Order to Comply, the operator or their representative must obtain all necessary permits and pay all required fees for the permits, -25-
including, without limitation, any penalty imposed by this Code by reason of any repair, improvement, or maintenance which had been done in the past without a required permit, inspection, or final approval.

K. One or more re-inspections will be conducted to verify that the substandard condition or conditions identified in the Notice and Order to Comply have been corrected. Following the expiration of the correction period and any authorized extensions of time, the operator must pay a re-inspection fee established by resolution of the City Council and arrange with the Director for re-inspection of the public lodging facility to determine whether the substandard condition or conditions have been corrected. The operator or their representative must provide all required notice to any affected guests. If the Director appears at the public lodging facility for the inspection as scheduled and access is denied by the operator or their representative, the operator must pay an additional re-inspection fee established by the City Council for each subsequent scheduled re-inspection.

Violations not noted on the initial inspection report but discovered on reinspection must be corrected by the operator or their representative as set forth in this Chapter and Notice and Order to Comply.

L. If the Director, Department, enforcement personnel, or other City officer or personnel receives a complaint regarding a public lodging facility regulated under this Chapter, the Director may request that an inspection of the public lodging facility identified in the complaint be conducted. If, after inspecting the public lodging facility for the complaint received, the Director, enforcement personnel, or other authorized City officer or personnel determines that a substandard condition or conditions exist at the public lodging facility, the Director may require that any other portion of the public lodging facility covered under the same certificate of compliance on the property be inspected following the procedures of this Section for notice, including inspection timing and giving notice to guests.

M. If, during an inspection conducted pursuant to this Chapter, the Director, enforcement personnel, or other authorized City officer or personnel discovers that the public lodging facility is in violation of this Code or any other applicable law and the operator or their representative fails to correct the identified violations within 30 days of the inspection, the Director may require an additional periodic inspection of the public lodging facility in accordance with this Chapter to ensure continued compliance. A re-inspection fee will be imposed for any additional periodic inspection required under this Chapter. In addition to requiring an additional periodic inspection pursuant to this Subsection, the Director may commence enforcement action in accordance with any provisions of this Code.

N. None of the inspection provisions contained in this Chapter shall prohibit, condition, or otherwise limit any inspection conducted pursuant to any other provision of this Code or other applicable law.
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9.52.260 Appeals.

Any appeal right provided for in this Chapter must be conducted as set forth in this section.

A. Submission of Appeal.

1. An operator or their representative may appeal the decision of the Director made pursuant to this Chapter, including decisions to suspend, revoke, or deny a Certificate of Compliance or to dispute the results of an inspection conducted under this Chapter, to a hearing officer by filing with the City Clerk a written notice of appeal within fifteen calendar days from the date of service of the notice.

2. The notice of appeal must be in writing and signed by the person making the appeal, or their legal representative, and must contain the following:
a. The name, address, telephone number of the appellant; b. A true and correct copy of the notice of the decision or action issued by the Director that the appellant is appealing; c. A specific statement of the reasons and grounds for making the appeal in sufficient detail to enable the hearing officer to understand the nature of the controversy, the basis of the appeal, and the relief requested; and
d. All documents or other evidence pertinent to the appeal that the appellant requests the hearing officer to consider at the hearing.

3. At the time of filing the appellant must pay the designated appeal fee, which may be established by resolution of the City Council.

4. In the event a written notice of appeal is timely filed, the suspension, revocation, denial, or nonrenewal is not effective until a final order has been rendered and issued by the hearing officer. If no timely, proper appeal is filed in the event of a decision of denial, the Certificate of Compliance expires at the conclusion of the term of the Certificate of Compliance. If no timely, proper appeal is filed in the event of a suspension or revocation, the suspension or revocation is effective upon the expiration of the period for filing a written notice of appeal.

5. Failure of the operator or their representative to file a timely and proper appeal, or the requisite fee, is a waiver of the right to appeal the decision of the Director and a failure to exhaust all administrative remedies. In this event, the Director’s decision is final and binding.

B. Hearing Procedure.

1. Administrative hearing officers must be selected in a manner that avoids the potential for pecuniary or other bias.
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2. Upon receipt of the written appeal, the City Clerk shall set the matter for a hearing before a hearing officer. The hearing officer will preside over the appeal, hear the matter de novo, and conduct the hearing pursuant to the procedures set forth in this Chapter. The City bears the burden of proof to establish the grounds for the suspension, revocation, denial, or nonrenewal or results of the inspection by a preponderance of the evidence. The issuance of the Director’s notice of decision constitutes prima facie evidence of grounds for the suspension, revocation, denial, or nonrenewal or results of the inspection.

3. The appeal must be held within a reasonable time after date of filing, but in no event later than thirty calendar days from that date. The City must notify the appellant of the date, time, and location of the hearing at least ten calendar days before the date of the hearing.

4. At the hearing, the appellant may present witnesses and evidence relevant to the decision appealed, be represented by counsel, and confront and cross-examine witnesses. Appeal hearings are informal, and the formal rules of evidence and procedure applicable in a court of law shall not apply to the hearing. However, rules of privilege are applicable to the extent they are permitted by law; and irrelevant, collateral, and repetitious evidence may be excluded. The hearing officer may establish additional procedures not in conflict with the provisions of this section.

C. Hearing Officer’s Decision.

1. No later than fifteen calendar days following conclusion of the appeal hearing, and after considering all of the testimony and evidence submitted at the hearing, the hearing officer will determine if any ground exists for the suspension, revocation, denial, or nonrenewal of the Certificate of Compliance or results of the inspection.

2. If the hearing officer determines that no grounds for the suspension, revocation, denial, or nonrenewal or results of the inspection exist, the Director’s notice of decision shall be deemed cancelled.

3. If the hearing officer determines that one or more of the reasons or grounds enumerated in the Director’s notice of decision exists, the hearing officer must issue a written decision containing a finding and description of each reason or ground to uphold the Director’s decision, and any other finding that is relevant or necessary to the subject matter of the appeal.

4. The decision of the hearing officer is final. The written decision must contain the following statement: "The decision of the hearing officer is final. Judicial review of this decision is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6.
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9.52.270 Duplicated Regulation.

Whenever any provision of this Chapter and any other provision of law, whether set forth in this Code, or in any other applicable law, ordinance, or resolution of any kind, imposes overlapping or contradictory regulations, or contain restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in this Chapter.” SECTION 5. The reference to “Lodging – Hotel or Motel” uses in Table 2-5 (Allowed Land Uses and Permit Requirements Commercial Zones) of Section 20.215.020 is hereby amended in its entirety and restated to read as follows (additions in underline, deletions in strikethrough):

Section 20.215.020, Table 2-5
Land Use CN CG Specific Use
Regulations
Service Uses – General
Lodging – Hotel or Motel
Fronting on Beach Blvd
or Katella Ave.
— P CUP MC 9.52
Fronting other arterial
streets
CUP CUP MC 9.52
SECTION 6. The reference to “Lodging” uses in Table 2-11 (Allowed Land Uses and Permit Requirements Mixed-Use Overlay Zones) of Section 20.30.040 is hereby amended in its entirety and restated to read as follows (additions in underline, deletions in strikethrough):

Section 20.30.040, Table 2-11
Land Use GLMX NGMX(3) SGMX Specific Use
Regulations
Service Uses – General
Lodging
Bed and
Breakfast Inns
— — —
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Hotels (8) CUP — CUP MC 9.52
Notes:
(1) In the GLMX zone, commercial uses: (a) are required on the ground floor of buildings at the intersections of Beach and Katella, Beach and Orangewood, and Beach and Chapman and within 150 feet in any direction from these street intersections, as measured from the corner formed by the lots' property lines at the street intersection(s); and (b) are allowed on the ground floor, but are not required on the ground floor, on other lots. Stand-alone multi-family residential or stand-alone commercial development is allowed anywhere over 150 feet in any direction from these intersections.
(2) In the NGMX zone, commercial uses or live-work uses are encouraged on the ground floor of buildings that front Beach Boulevard.
(3) In the NGMX zone, only residential uses shall be allowed to face Fern Street. (4) A Conditional Use Permit shall be required if all persons engaging in the practice of massage therapy at the establishment do not have a valid MTO (Massage Therapy Organization) Certificate or the State law regulating massage establishments terminates under its sunset review provision (Business and Professions Code Section 4600 et seq.).
(5) In the GLMX and SGMX zones, single-family detached dwellings are permitted with a CUP if the residential use is located in the rear of a property behind singlefamily attached dwellings, or a commercial use. (6) Outdoor dining with four seats or less is permitted. Outdoor dining with five to 20 seats requires a Minor Use Permit. Outdoor dining with more than 20 seats requires a Conditional Use Permit.
(7) A Conditional Use Permit shall not be required for the establishment of Internet cafés; only an Internet café license is required to establish an Internet café. (8) For purposes of clarity, while motels are distinct from hotels, they are not permitted within any Mixed-Use Overlay Zone.

SECTION 7. Severability. If any section, sentence, clause, or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality will not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Stanton declares that it would have adopted this Ordinance and each section, sentence, clause, or phrase thereof, irrespective of the -30-
fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

SECTION 7. Effective Date. This Ordinance will become effective 30 days following its adoption.

SECTION 8. Posting or Publication. The City Clerk is directed to certify the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, will be published or posted in the manner required by law.

SECTION 8. Record of Proceedings. The documents and materials associated with this Ordinance that constitute the record of proceedings on which these findings are based are located at 7800 Katella Avenue, Stanton, California 90680. The City Clerk is the custodian of the record of proceedings.

PASSED, APPROVED, AND ADOPTED this ____ day of _____, 2024.

DAVID J. SHAWVER, MAYOR
ATTEST:

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

BEST BEST & KRIEGER, CITY ATTORNEY
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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. ________ was introduced at a regular meeting of the City Council of the City of Stanton, California, held on the ______ day of _____, 2024, and was duly adopted at a regular meeting of the City Council held on the ______ day of _______, 2024, by the following roll-call vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

PATRICIA A. VAZQUEZ, CITY CLERK
ORDINANCE NO. 1155

ORDINANCE NO. 1155

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA ADDING CHAPTER 2.05 TO TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE

STANTON MUNICIPAL CODE RELATING TO LOCAL ELECTION CAMPAIGN

CONTRIBUTION LIMITS AND REGULATIONS
WHEREAS, Assembly Bill No. 571 ("AB 571") imposed a default campaign contribution limit upon cities and counties effective January 1, 2021; and WHEREAS, California Government Code Section 85702.5 permits the City of Stanton to act by either ordinance or resolution to establish its own campaign contribution limits that differ from those described in Government Code Sections 85301 and 83124; and WHEREAS, transparency in local elections regarding financial contributions and influence are important to promoting the election process and to ensure a fair Council election process for all candidates; and
WHEREAS, the City Council finds that it is necessary to enact the campaign finance provisions herein so that they may be effective to govern the next General Municipal Election; and
WHEREAS, in adopting this Ordinance, it is the City Council's intention to promote transparency and ensure a fair election process by setting local campaign contribution limitations and requiring reasonable campaign finance disclosure for City Council elections; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

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

SECTION 1: Recitals. The recitals set forth above are true and correct and are hereby adopted as findings in support of this Ordinance as if fully set forth herein.

SECTION 2: CEQA. The City Council finds that the proposed amendments to the Stanton Municipal Code are 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 for at least two different reasons: First, Section 15378 defines a project as an activity that “has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” (State CEQA Guidelines, § 15378(a).) The Ordinance enacts campaign finance provisions by setting local campaign contribution limitations and requiring reasonable campaign finance disclosure for elections. Such actions will not result in a direct or reasonably foreseeable indirect physical change in the environment.

Accordingly, the Ordinance is not a “project” subject to CEQA. (State CEQA Guidelines, § 15060(c)(2).) Second, Section 15378 explicitly excludes from its definition of “project” Item: 11A
Click here to return to the agenda.

ORDINANCE NO. 1155

the following: “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.” (State CEQA Guidelines, § 15378(b)(5).) The Ordinance constitutes an organizational or administrative activity that will not result in a physical change in the environment, given that it merely enacts regulations on campaign contributions and election activities, and it therefore is not subject to CEQA. (State CEQA Guidelines, § 15060(c)(3).) SECTION 3: Code Amendment. Chapter 2.05 is hereby added to the Stanton Municipal Code to read in full as follows:

CHAPTER 2.05 – ELECTION CAMPAIGN REGULATIONS.

2.05.010 – Intent and purpose.

2.05.020 – Interpretation of this chapter.

2.05.030 – Severability.

2.05.040 – Definitions.

2.05.050 – Campaign contribution limits.

2.05.060 – Aggregation of contributions.

2.05.070 – Restrictions on transfers.

2.05.080 – Prohibitions on contributions by City contractors and developers.

2.05.090 – Money, goods, and services received treated as contributions.

2.05.100 – Prohibition on multiple campaign committees.

2.05.110 – Contributions in excess of the limit.

2.05.120 – Anonymous contributions.

2.05.130 – Fundraising window.

2.05.140 – Notification of independent expenditures.

2.05.150 – Duplication of a candidate’s campaign materials.

2.05.160 – Campaign statements.

2.05.170 – Retention of records.

2.05.180 – Enforcement – procedures for enforcement.

2.05.190 – Enforcement – civil or criminal liability.

2.05.200 – Enforcement – administrative.

2.05.210 – Civil actions by residents.

2.05.220 – Time for commencement of actions.

2.05.230 – Use of funds deposited with City.

CHAPTER 2.05 – ELECTION CAMPAIGN REGULATIONS.

2.05.010 Intent and purpose.

In enacting this chapter, the City Council finds and declares that moderate monetary contributions to political campaigns are a legitimate form of participation in the American political process. It is the policy of this City to protect the integrity of the electoral process, and to serve the best interests of the citizens of this City by regulating campaign finance.

ORDINANCE NO. 1155

Inherent in the high cost of election campaigning is the problem of improper influence, real or potential, exercised by campaign contributors over elected officials. It is the purpose and intent of the City Council in enacting this chapter:

1. To place realistic and enforceable limits on the amounts of money that may be contributed to political campaigns in City elections.

2. To preserve an orderly political forum in which individuals may express themselves effectively.

3. To prevent the exercise by campaign contributors of potential undue or improper influence over elected officials.

4. To promote participation in government and foster trust that the democratic process is not subverted by affluent special interest groups.

5. To inform the public of the sources and objects of campaign contributions and expenditures.

6. To provide for the full and fair enforcement of the provisions of this chapter.

7. To encourage candidate adherence to election regulations by making them easier to understand.

2.05.020 Interpretation of this chapter.

The requirements of this chapter shall be administered and interpreted consistent with the requirements of the Political Reform Act of 1974, as amended (California Government Code Section 81000 et seq.), and its implementing regulations, except where the provisions of this chapter impose additional requirements on any person subject to this chapter.

2.05.030 Severability.

It is the intent of the city council that this chapter be interpreted in a manner consistent with constitutional requirements. Should any provision hereof be determined to be invalid for any reason, the remainder shall be severed therefrom and shall remain in full force effect.

2.05.040 Definitions.

Unless otherwise defined in this section, the words and phrases used in this chapter shall have the same meanings as defined in the Political Reform Act of 1974, Title 9 of the California Government Code, as the Political Reform Act now exists or may hereafter be amended, including definitions set forth in regulations adopted by the Fair Political Practices Commission.

ORDINANCE NO. 1155

1. “Agency” means an agency as defined in Section 82003 of the Government Code except that it does not include the courts or any agency in the judicial branch of government, the Legislature, the Board of Equalization, or constitutional officers.

However, this term applies to any person who is a member of an exempted agency but is acting as a voting member of another agency.

2. “Agent” means a person who acts on behalf or at the behest of any other person or accepts a contribution on behalf of a candidate. If an individual acting as an agent is also acting as an employee or member of a law, architectural, engineering or consulting firm, or a similar entity or corporation, both the entity or corporation and the individual are “agents.”

3. “At the behest” means made under the control or at the direction of, in cooperation, consultation, coordination, or concert with, at the request or suggestion of, or with the express prior consent of.

4. “Candidate” applies to persons seeking an elective City office.

5. “City” means City of Stanton.

6. “Contribution” is defined in a manner identical with the definition found in Government Code Section 82015, contained within the Political Reform Act, and any related provisions in the California Code of Regulations.

7. "Controlled committee" means a committee which is controlled directly or indirectly by a candidate or which acts jointly with a candidate or controlled committee in connection with the making of expenditures. A candidate controls a committee if he or she, his or her agent, or any other committee he or she controls, has a significant influence on the actions or decisions of the committee.

8. “Election” means any City general, run-off, special, initiative, referendum or recall election.

9. “Individual” means a sole human being.

10.“License, permit, or other entitlement for use” means all business, professional, trade, and land use licenses and permits and all other entitlements for use, including all entitlements for land use, all contracts, and all franchises.

11.“Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency.

12.“Participant” means any person who is not a party but who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use and who has a financial interest in the decision, as described in Article 1 (commencing with Section 87100) of Chapter 7, Title 9 of the Government Code. A person actively supports or opposes a particular decision in a proceeding if that person lobbies in person the officers or employees of the agency, testifies in person before the agency, or otherwise acts to influence officers of the agency.

ORDINANCE NO. 1155

13.“Party” means any person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use.

14.“Person” means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee (including both controlled and independent committees), labor union, and any other organization or group of persons acting in concert.

15.“Political action committee” means receives contributions to use for political purposes, such as making contributions or independent expenditures to support or oppose candidates and ballot measures, or making contributions to political parties and other state and local campaign committees.

16.“Political party committee” means the state central committee or county central committee of an organization that meets the requirements for recognition as a political party pursuant to Section 5100 or 5151 of the California Elections Code.

17.“Political Reform Act” means the California Political Reform Act of 1974, as amended, found at Government Code Section 81000, et seq., and includes regulations adopted by the Fair Political Practices Commission.

2.05.050 Campaign contribution limits.

A. No person other than the candidate is permitted to make, and no campaign treasurer may solicit or accept, any contribution to a candidate or the candidate’s controlled committee, which will cause the total amount contributed by such person to the candidate or the candidate’s controlled committee with respect to a single election to exceed one thousand dollars ($1,000.00).

B. The terms of this section are applicable to any contributions made to a candidate or committee hereunder, whether used by such candidate or committee to finance a current campaign, to pay deficits incurred in prior campaigns, or otherwise.

C. The contribution limits set forth in this section shall be adjusted every odd-numbered year, starting in 2027. The City Clerk shall adjust the contribution limits to reflect any changes in the Consumer Price Index for the Orange County area for the two-year period ending on December 31st of the previous year. Adjustments shall be rounded to the nearest $10.00. The City Clerk shall publish a public notice of any adjustments by March 1st of each odd-numbered year, or as soon after as practicable, following the Bureau of Labor Statistics’ release of the applicable Consumer Price Index data.

The adjustments shall go into effect as soon as the public notice is published but shall apply only to elections held in subsequent years. The adjustments shall not be construed to raise the contribution limits applicable to past elections or to special elections held in the same year that the limits are adjusted.

D. No candidate or controlled committee shall solicit or retain a contribution from any person when such contribution shall cause the contributor to be in violation of this article herein.

ORDINANCE NO. 1155

E. A contribution shall not be considered to be received if it is not negotiated, deposited, or utilized and, in addition, is returned to the donor within fourteen days of receipt.

2.05.060 Aggregation of contributions.

A. Contributions from different persons, but which are financed, maintained, or controlled by the same person, shall be aggregated for the purposes of the contribution limits of this Chapter. All contributions made by a person whose contribution activity is financed, maintained, or controlled by an individual, shall be deemed to be made by the same person.

B. A contribution drawn from a checking account or credit card account held by an individual doing business as a sole proprietorship is considered a contribution from that individual for purposes of this section. A nonmonetary contribution in the form of goods and services donated by an individual doing business as a sole proprietorship is considered a contribution from that individual for purposes of this section.

C. All contributions made by a political action committee and the committee’s officer(s) or sponsor(s) shall be treated as having been made by one person.

D. Two or more entities shall be treated as one person when any of the following circumstances apply:

1. The entities share the majority of members of their governing boards,

2. The entities share two or more officers,

3. The entities are owned or controlled by the same majority shareholder or shareholders,

4. The entities are in a parent-subsidiary relationship, or

5. One entity finances, maintains, or controls the other entity’s contributions or expenditures.

E. Contributions made by entities that are majority-owned by any person shall be aggregative with the contributions of the majority owner and all other entities majority-owned by that person, unless those entities act independently in their decision to make contributions.

F. The contributions of any entity whose contributions are directed and controlled by any person shall be aggregated with contributions made by that person and any other entity whose contributions are directed and controlled by that same person.

G. If two or more entities make contributions that are directed and controlled by a majority of the same persons, the contributions of those entities shall be aggregated.

H. Any individual and any general or limited partnership in which the person has a ten percent or more interest, or an individual and any corporation in which the ORDINANCE NO. 1155

individual owns a fifty percent or more interest, shall each be treated as one person.

I. No committee which supports or opposes a candidate shall have as officers individuals who serve as officers on any other committee which supports or opposes the same candidate. No such committee shall act in concert with, or solicit or make contributions on behalf of, any other committee. This subsection shall not apply to treasurers of committees if these treasurers do not participate in or control in any way a decision on which a candidate or candidates receive contributions.

2.05.070 Restrictions on transfers.

A. No funds may be transferred into any candidate’s campaign committee from any other campaign committee controlled by the candidate.

B. No candidate and no controlled committee of any candidate shall make any contribution to any other candidate or any committee supporting or opposing any other candidate for elective City office, nor to any committee supporting or opposing a recall of an elective city officer. This restriction shall not apply to contributions from the personal funds of a candidate.

C. Should two or more candidates form a slate, each candidate shall pay only his/her proportionate share of the total cost of slate activities that are attributable to each such candidate.

2.05.080 Prohibitions on contributions by City contractors and developers.

A. While a proceeding involving a license, permit, or other entitlement for use is pending, and for 12 months following the date a final decision is rendered in the proceeding, an officer of the City shall not accept, solicit, or direct a contribution from any party or a party’s agent, or from any participant or a participant’s agent if the officer knows or has reason to know that the participant has a financial interest, as that term is used in Title 9 of the California Government Code, Article 1 (commencing with Section 87100) of Chapter 7. This prohibition shall apply regardless of whether the officer accepts, solicits, or directs the contribution on the officer’s own behalf, or on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee.

B. Prior to rendering any decision in a proceeding involving a license, permit, or other entitlement for use pending before the City, each officer of the City who received a contribution within the preceding 12 months from a party or from any participant shall disclose that fact on the record of the proceeding. An officer of the City shall not make, participate in making, or in any way attempt to use the officer’s official position to influence the decision in a proceeding involving a license, permit, or other entitlement for use pending before the City if the officer has willfully or knowingly received a contribution within the preceding 12 months from a party or a party’s agent, or from any participant or a participant’s agent if the officer knows or has reason to know that the participant has a financial interest in the decision, ORDINANCE NO. 1155

as that term is described with respect to public officials in Title 9 of the California Government Code, Article 1 (commencing with Section 87100) of Chapter 7.

C. If an officer receives a contribution which would otherwise require disqualification under this section, and returns the contribution within 30 days from the time the officer knows, or should have known, about the contribution and the proceeding involving a license, permit, or other entitlement for use, the officer shall be permitted to participate in the proceeding.

1. If an officer accepts, solicits, or directs a contribution during the 12 months after the date a final decision is rendered in the proceeding in violation of subsection (A) of this section, the officer may cure the violation by returning the contribution, within 14 days of accepting, soliciting, or directing the contribution, whichever comes latest.
a. An officer may cure a violation as specified in subdivision (C)(1) of this section only if the officer did not knowingly and willfully accept, solicit, or direct the prohibited contribution.
b. An officer’s controlled committee, or the officer if no controlled committee exists, shall maintain records of curing any violation pursuant to this subsection.

D. A party to a proceeding before an agency involving a license, permit, or other entitlement for use shall disclose on the record of the proceeding any contribution made within the preceding 12 months by the party or the party’s agent.

1. A party, or agent to a party, to a proceeding involving a license, permit, or other entitlement for use pending before any agency or a participant, or agent to a participant, in the proceeding shall not make a contribution to any officer of that agency during the proceeding and for 12 months following the date a final decision is rendered by the agency in the proceeding.

2. When a closed corporation is a party to, or a participant in, a proceeding involving a license, permit, or other entitlement for use pending before an agency, the majority shareholder is subject to the disclosure and prohibition requirements specified in this section.

E. This section shall not be construed to imply that any contribution subject to being reported under Title 9 of the Government Code shall not be so reported.

2.05.090 Money, goods, and services received treated as contributions.

A. Any funds, property, goods or services (other than voluntary, noncompensated personal or professional services) received by a candidate which are used, or intended by the donor or by the recipient to be used, for expenses (including legal expenses) relating to holding or running for public office, shall be considered ORDINANCE NO. 1155

campaign contributions and shall be subject to the contribution limitations of this chapter.

B. This section shall not apply to government funds received by an elective City officer. This section also shall not apply to reimbursement for reasonable travel expenses related to holding public office.

2.05.100 Prohibition on multiple campaign committees.

A. A candidate shall have no more than one campaign committee which shall have only one bank account from which all qualified campaign and office holder expenses related to elective City offices shall be made.

B. This section shall not prevent a candidate from establishing another campaign committee solely for the purpose of running for a state, federal, local or other elective City office. This section also shall not prevent an elective City officer from establishing another campaign committee solely for the purpose of opposing his or her own recall.

2.05.110 Contributions in excess of the limit.

A. If a committee treasurer is offered a contribution which would be in excess of the limitations set forth in this section, the treasurer must refuse the contribution.

B. If, however, a contribution which is in violation of this section is deposited into the campaign bank account, the treasurer shall report in writing to the City Clerk within five days of the receipt of the contribution the facts surrounding such payment or contribution. Any such payment or contribution so deposited must be returned.

C. If it is not possible to return to the contributor, then it must be paid within 30 calendar days of receipt to the City’s general fund if the amount is less than $100.00 and to the state if the amount is $100.00 or more.

2.05.120 Anonymous contributions.

No candidate or City committee shall accept an anonymous contribution of $100.00 or more. An anonymous contribution of $100.00 or more shall not be kept by the intended recipient, but the entire amount shall be paid within 10 days to the Secretary of State for deposit in the state general fund in accordance with Government Code Section 84304.

2.05.130 Fundraising window.

A. It is unlawful for any candidate or controlled committee seeking elective City office to solicit or accept contributions sooner than eleven (11) months preceding a single election contest.

B. It is unlawful for any candidate or controlled committee seeking elective City Office to solicit or accept, after the date of an election, a contribution that exceeds the net debts outstanding from the election.

ORDINANCE NO. 1155

C. It is unlawful for any candidate or controlled committee to solicit or accept any postelection contribution after 90 days from the date of the previous election.

D. As used in this section, the term “net debts outstanding” has the same meaning as that set forth in Title 2, section 18531.61 of the California Code of Regulations.

E. Contributions received after the date of an election shall reduce the total amount of net debts outstanding.

F. The restrictions set forth in this section do not apply to: contributions made by a candidate to their controlled committee.

G. The restrictions on accepting contributions imposed by subsection (A) of this section do not apply to contributions for recall elections or special elections.

2.05.140 Notification of independent expenditures.

In addition to the reporting required by the Political Reform Act of 1974, as amended, and its implementing regulations, for independent expenditures, a City committee, entity (corporation, firm, business, or proprietorship), or individual that makes independent expenditures of $1,000 or more in a calendar year to support or oppose a candidate for City elective office or City ballot measure, shall notify the City Clerk of such expenditure(s). Notification shall be by either electronic mail, facsimile, telegram, guaranteed overnight mail through the United States Postal Service, private delivery service or personal delivery within one business day.

2.05.150 Duplication of a candidate’s campaign materials.

A. Any committee that makes a payment for distributing or disseminating an advertisement that duplicates, reproduces, or republishes a candidate’s campaign materials, in whole or in part, has made a contribution to the candidate for purposes of the contribution limits and source prohibitions set forth in this chapter.

B. The “making” of a contribution to a candidate under subsection (A) of this section does not mean that the candidate has “accepted” or “received” a contribution for purposes of contribution limits or source prohibitions. Accordingly, nothing in this section imposes any liability on a candidate whose campaign materials were duplicated, reproduced, or republished.

C. This section applies to a committee’s advertisement that uses materials created, prepared, or obtained by the candidate or the candidate’s controlled committee for campaign purposes, including, but not limited to, mailers; flyers; pamphlets; door hangers; walking cards; posters; yard signs; billboards; banners and large signs; business cards; campaign buttons; bumper stickers; newspaper, magazine, television, radio, and Internet advertisements; photographs; audio recordings; and videos, regardless of whether such materials were accessible to members of the public on the Internet or through other means not requiring coordination with the candidate or the candidate’s controlled committee.

D. This section does not apply to:

ORDINANCE NO. 1155

1. Any written words, phrases, or sentences contained in a candidate’s campaign materials;

2. Any statements made by a candidate while delivering a speech or speaking at a debate, forum, or similar public event and contained in an advertisement that does not use an audio or video recording made by the candidate or the candidate’s controlled committee;

3. The duplication of three or fewer photographs of the candidate;

4. An advertisement that clearly advocates the defeat of the candidate.

5. Member communications; or

6. Instances in which a payment was “made at the behest” of a candidate, as that term is defined in Title 2, section 18225.7 of the California Code of Regulations. Such a payment is a contribution regardless of whether any campaign materials were duplicated, reproduced, or republished.

E. Nothing in this section imposes on any candidate or committee any filing obligations in addition to those set forth in California Government Code sections 81000 et seq. and Title 2 of the California Code of Regulations.

2.05.160 Campaign statements.

A. Each candidate and committee shall file campaign statements when and in the manner specified in the Political Reform Act of 1974, as amended.

B. Additional City Requirements.

1. Pre-Election Filing. Candidates and City committees shall file an additional preelection campaign statement with the City Clerk no later than 3:00 p.m. on the Thursday immediately preceding the election. This statement shall have a closing date of the Wednesday preceding the Thursday filing date. a. The statements must be completed on campaign statement forms required to be filed by state law and in addition include:
i. A statement of estimated additional expenditures which the candidate or committee chairperson reasonably expects to expend on or before the election date. An estimate which is unintentionally at variance with the amounts actually expended shall not constitute a violation of this chapter.

2.05.170 Retention of records.

The candidate, committee, or authorized agent thereof shall retain all campaign records for a period of three years after the election.

ORDINANCE NO. 1155

2.05.180 Enforcement – procedures for enforcement.

A. Role of City Attorney. The City Attorney shall not investigate or prosecute any alleged violations of this article, but shall defend the constitutionality and legality of this chapter in any civil proceedings in which the City or the City Council is a party.

B. Role of special counsel. Review of complaints of violation of this chapter and criminal prosecution thereof shall be commenced only by special counsel who shall be the district attorney, the Attorney General, or such other qualified and independent special counsel or combination of the foregoing as may be appointed by the city attorney. All special counsel shall have authority to prosecute any and all municipal code violations of this article. However, special counsel other than the Attorney General or district attorney shall not have authority to prosecute matters exclusively within the powers of the Attorney General or district attorney as provided under Government Code Section 91001. Special counsel shall also commence and prosecute civil litigation to compel compliance with this article or to enjoin conduct in violation of this chapter, and shall commence administrative actions pursuant to Section 2.05.200.

C. Appointment of special counsel. The appointment of special counsel shall be done in writing, and copies of the written appointment shall be provided to the City Manager, City Clerk and members of the City Council. At least 90 days prior to a City election, a special counsel may be appointed by the City Attorney for that election. Should the appointment of additional special counsel become necessary or appropriate, the City Attorney may appoint such additional special counsel as may be required. No enforcement or prosecution or action of special counsel shall be subject to the review or control of the City Council or the City Manager. The cost of special council may be paid from the City general fund.

D. Initiation of investigations. Any person residing in the City who believes that a violation of this chapter has occurred may file a written complaint requesting investigation of such violation by the special counsel. If the special counsel determines that there is reason to believe a violation of this chapter has occurred, it shall conduct an investigation and may commence such administrative, civil or criminal legal action as it deems necessary for the enforcement of this chapter.

E. Investigative powers of special counsel. The special counsel shall have such investigative powers as are necessary for the performance of duties described in this article and may demand and be furnished records of campaign contributions and expenditures of any person or City committee at any time. In the event that production of such reports is refused, the special counsel may commence civil litigation to compel such production.

F. Immunity of special counsel. The special counsel shall be immune from liability for its enforcement of this chapter.

ORDINANCE NO. 1155

2.05.190 Enforcement – civil or criminal liability.

A. Criminal and civil liability. Any knowing or willful violation of any provision of this chapter may be prosecuted, either as an infraction or as a misdemeanor, at the discretion of the prosecutor under the provisions of Chapter 1.10 of this Code. In addition to any other penalty provided by law, any willful or knowing failure to report truthfully any contribution or expenditure shall be punishable by a fine of not less than $1,000.00. The treasurer of any City committee shall be both criminally and civilly liable for any violation of this chapter by the City committee. In addition, the candidate shall be both criminally and civilly liable for any violation by a committee controlled by the candidate.

B. Forfeiture of contributions. In any legal action brought under this chapter for injunctive relief or civil liability, where it is determined that a City committee has accepted a contribution or contributions in excess of the applicable limit set forth herein, the full amount of said contribution(s) shall be forfeited to the City general fund. If funds are not available in the City committee’s account for this purpose, the candidate or treasurer shall be personally liable to pay said amount to the City general fund.

2.05.200 Enforcement – administrative.

A. Additional to other remedies. This section provides for administrative remedies for violations of this chapter, which are in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this article.

B. Notice and order. Whenever the special counsel appointed pursuant to section

2.05.180 determines that there is probable cause that a violation of one or more provisions of this chapter has occurred or exists, a written notice and order may be issued to the alleged violator.

C. Contents of notice and order. The notice and order shall refer to the section of this chapter violated and describe how the sections are or have been violated, and the dates of all violations. The notice and order shall also set a date, time and place for a hearing, which shall be held no fewer than 10 days following the service of the notice.

D. Service of notice and order. The notice and order shall be served upon the alleged violator by personal service, or certified mail with postage prepaid and return receipt requested.

E. Designation of hearing officer. The City Attorney shall designate a hearing officer, who shall not be a City employee. The compensation of the hearing officer, if any, shall be paid by the City. The employment, evaluation, and compensation, if any, of the hearing officer shall not be directly or indirectly conditioned upon the outcome of the hearing.

ORDINANCE NO. 1155

F. Violation established by preponderance of evidence. At the hearing, the hearing officer shall consider whether a preponderance of evidence demonstrates the existence of the violation. The alleged violator or any other interested persons may present testimony or evidence concerning the existence of the violations, and the alleged violator may cross examine witnesses.

G. Conduct of hearing. Hearings shall be conducted in an expeditious manner to enable all interested parties to present relevant evidence. Formal rules of evidence shall not be required. Time limits for presenting evidence, order of testimony, handling of exhibits, and similar matters shall be at the discretion of the hearing officer. The hearing officer may continue the hearing to obtain additional evidence, or for other good cause.

H. Failure to attend hearing. Failure of the alleged violator to attend the hearing shall constitute an admission of the violation by the alleged violator and a failure to exhaust administrative remedies that may bar judicial review.

I. Decision by hearing officer. After considering all the testimony and evidence submitted at the hearing, the hearing officer shall issue a written order, including findings regarding the existence of each violation, the reasons for the decision, and notice of the right to judicial review. The written decision shall be issued within 30 days of the hearing, and served on the alleged violator within 10 days of its issuance. The order shall be final upon service on the alleged violator, subject only to judicial review as allowed by law.

J. Imposition of penalty. If the hearing officer finds that the alleged violator committed the violation by a preponderance of evidence, the hearing officer shall impose a penalty and a date the penalty and any administrative costs shall be due and payable by the violator.

K. Amount of penalty. An administrative penalty for a violation of this chapter shall be set at a maximum of $5,000 per violation, and a minimum of $1,000.00 per violation, and the maximum total penalty shall not exceed $50,000. In determining the amount of penalty to be imposed, the hearing officer shall consider the following factors: duration of the violation, frequency of recurrence of the violation, seriousness of the violation, history of violations, good faith effort of the violator to correct the violation, economic impact of the violation on the violator, impact of the violation on the community and the City, and any other relevant factors that justice may require.

L. Failure to pay penalty. Upon the failure of any person to pay the assessed administrative penalty by the date specified in the hearing officer’s decision, the unpaid amount shall constitute a personal obligation of the violator. The City Attorney shall collect the obligation by use of all appropriate legal means.

M. Judicial review. Any person subject to a decision of the hearing officer may obtain judicial review of the decision in the superior court pursuant to the provisions of California Government Code Section 53069.4, as amended.

ORDINANCE NO. 1155

2.05.210 Civil actions by residents.

A. Any resident of the City may bring a civil action regarding the provisions of this chapter, as follows:

1. To enjoin an actual or threatened violation;

2. To compel compliance by a private person;

3. To obtain declaratory relief.

B. Any action brought under this section shall be commenced within two years of the time the alleged violation occurred.

2.05.220 Time for commencement of actions.

Any action alleging violation of this chapter must be commenced within two years of the time the alleged violation occurred.

2.05.230 Use of funds deposited with City.

Any funds paid to or deposited with the City by operation of, or pursuant to, the provisions of this chapter shall be placed in the City’s general fund and designated for use in defraying the costs of municipal elections including the administration or enforcement of this chapter.

SECTION 4: Severability. If any section, sentence, clause, or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality will not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Stanton declares that it would have adopted this Ordinance and each section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

SECTION 5: Effective Date. This Ordinance will become effective 30 days following its adoption.

SECTION 6: Posting or Publication. The City Clerk is directed to certify the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, will be published or posted in the manner required by law.

SECTION 7: Record of Proceedings. The documents and materials associated with this Ordinance that constitute the record of proceedings on which these findings are based are located at 7800 Katella Avenue, Stanton, California 90680. The City Clerk is the custodian of the record of proceedings.

ORDINANCE NO. 1155

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. 1155 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

CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: December 10, 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:

At its November 26, 2024 meeting, the City Council introduced proposed Ordinance No. 1156 to create 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. As part of the Ordinance’s first reading, the Council incorporated additional regulations prohibiting sleeping, sitting, laying, and/or storing personal property in a manner that interferes with (1) critical infrastructure such as power plants, energy plants, or similar facilities, utility poles, and storm drains, and (2) the public’s access to, and safe ingress and egress from, senior residential projects and residential care facilities for the elderly. The Council will consider conducting second reading of Ordinance No. 1156.

RECOMMENDED ACTIONS:

1. City Clerk read the title of Ordinance No. 1156, 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-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”; and

2. City Council adopt Ordinance No. 1156.

Item: 11B
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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 numbers of homeless individuals in the City have swelled to a point that the City Council proclaimed a homelessness state of emergency on November 26, 2024.

The increase in homelessness in the City has resulted in an uptick 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.

Pursuant to the state of emergency, on November 26, 2024, the City Council considered Ordinance No. 1156 to create 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. Following a public hearing, the City introduced the Ordinance for first reading with additional regulations prohibiting sleeping, sitting, laying, and/or storing personal property in a manner that interferes with the public’s access to (1) critical infrastructure such as power plants, energy plants, or similar facilities, utility poles, and storm drains, and (2) senior residential projects and residential care facilities for the elderly due to health and safety concerns with restricting public access to these resources and ensuring safe ingress and egress from these resources as seniors and the elderly are more likely to use mobility devices and rely on alternative modes of transport due to age and health concerns. These regulations have been included in the revised Ordinance, which is now presented for second reading and adoption.

ANALYSIS/JUSTIFICATION:

Specifically, the Ordinance includes language that:
• Provides a definition for “Critical Infrastructure,” to include “fire or law enforcement stations; hospitals; structures, such as antennas, bridges, train tracks, or drainage systems; or systems, such as computer networks, public utilities, electrical wires, power plants, energy storage facilities, natural gas pipes, telecommunication centers, or water resources. Critical infrastructure also includes real property or a facility, whether privately or publicly owned, that the City Manager or their designee designates as being so vital and integral to the operation or functioning of the City or in need of protection that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare.” The revised Ordinance provides that no person may sit, lie, sleep, or store personal property in a manner that unreasonably interferes with such critical infrastructure. • Adds a provision that no person may obstruct public or private access in a public right-of-way within 200 feet of a senior residential project or a residential care facility for the elderly.

Altogether, the proposed regulations, as revised, will better protect the public health, welfare, and safety. They 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.

FISCAL IMPACT:

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 Approved by: Hannah Shin-Heydorn, City Manager, as Director of Emergency Services, Attachment:

A. Ordinance No. 1156
B. Staff Report for First Reading of Ordinance No. 1156, November 26, 2024 ORDINANCE NO. 1156

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 City has a particular interest in protecting children, seniors, and the elderly’s right to access public streets and rights-of-way, given that they are among more vulnerable populations than the greater general public. Additionally, the City has an interest in ensuring that public streets and rights-of way surrounding residential projects and facilities for seniors and the elderly are free from obstructions to allow safe ingress and egress from these projects and facilities, as seniors and the elderly are more likely to experience mobility issues associated with aging and health, and rely heavily on alternative modes of transportation including mobility assistance devices and public transportation; 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, the City has a substantial interest in protecting critical infrastructure within the City, which includes real property or facilities that are so vital and integral to the operation or functioning of the City that damage, incapacity, disruption or destruction of these properties or facilities would have a debilitating impact on the public health, safety, and welfare, such as fire and law enforcement stations, hospitals, drainage systems, power plants, and utility poles; and
Attachment: A
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ORDINANCE NO. 1156

WHEREAS, sleeping, sitting, laying, and/or storing personal property on or near critical infrastructure poses the risk of obstructing access to these facilities, damage or destruction to these facilities, and disruption or incapacity of critical services. Additionally, unauthorized occupation of critical infrastructure poses safety risks to the individual sleeping, sitting, laying, and/or storing personal property on or near critical infrastructure, such as the risk of fire, electrocution, and collision with emergency vehicles operating at high-speeds; 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
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
ORDINANCE NO. 1156

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; 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.

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:

ORDINANCE NO. 1156

“CHAPTER 12.38

OBSTRUCTION OF PUBLIC RIGHTS-OF-WAY AND FACILITIES

12.38.010 – Definitions.

12.38.020 – Obstruction of Public Rights-of-Way and Places.

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:
“Critical Infrastructure” means fire or law enforcement stations; hospitals; structures, such as antennas, bridges, train tracks, or drainage systems; or systems, such as computer networks, public utilities, electrical wires, power plants, energy storage facilities, natural gas pipes, telecommunication centers, or water resources. Critical infrastructure also includes real property or a facility, whether privately or publicly owned, that the City Manager or their designee designates as being so vital and integral to the operation or functioning of the City or in need of protection that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare. “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 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.

ORDINANCE NO. 1156

“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.

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 sit, lie, sleep, or Store, maintain, or place Personal Property in a manner that unreasonably interferes with critical infrastructure within ORDINANCE NO. 1156

the City. For the purposes of this section, “unreasonable interference” shall include conduct that damages, incapacitates, disrupts, or destroys critical infrastructure or the operation or functioning of such critical infrastructure, or poses the risk of the same.

F. 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;

10. Within two hundred (200) feet of a senior residential project, as defined under Section 20.700.090 of this Code, or a residential care facility for the elderly, as defined under Section 20.700.040 of this Code; or

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

ORDINANCE NO. 1156

G. 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.

H. 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

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

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.

Attachment: B
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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

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

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

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

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

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

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

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 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).

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.

ORDINANCE NO. 1157

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
Item: 11C
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ORDINANCE NO. 1157

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

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

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

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

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
City Council Initiated
Items 15D – 15E – 15F – 15G
Item 15D: “DISCUSSION REGARDING THE ESTABLISHMENT OF A
VIETNAMESE COMMUNITY LIAISON POSITION WITHIN THE CITY”
Item 15E: “SWEARING IN / SEATING OF NEW COUNCIL MEMBERS” Item 15F: “RECOGNITION OF OUTGOING MAYOR PRO TEM CAROL WARREN AND COUNCIL MEMBER HONG ALYCE VAN”
Item 15G: “REORGANIZATION OF CITY COUNCIL”
(These items do not contain a staff report)
Items: 15D, 15E, 15F, & 15G
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