WHEREAS, all legal prerequisites have occurred prior to the adoption of this Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON DOES RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS;
SECTION 1. The City Council of the City of Stanton, California, finds that the above recitals are true and correct,
SECTION 2. In accordance with Chapter 10, 02 of the Stanton Municipal Code, the cost recovery fees to be charges a towing operator In connection with the award of a franchise for towing vehicles on behalf of the City of Stanton shall be $ 90, 00 for each vehicle towed.
SECTION 3. The City Council hereby finds and determines that cost recovery fees charged to towing operators in connection with the award of a franchise do not exceed the reasonable amount necessary to reimburse the City for its actual and reasonable costs incurred in connection with its towing program,
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
ADOPTED, SIGNED AND APPROVED this 13 h day of August, 2013. a
DAVID J. SHAVy , kR, MAYOR
APPROVED AS TO FORM;
MATTHEW E. RICHARDSON, CITY ATTORNEY
RESOLUTION NO, 2013- 20
ATTEST:
I, Patricia A, Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2013- 20 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the Stanton City Council, held on August 13, 2013, and that the same was adopted, signed and approved by the following vote to wit:
AYES: Donahue, Rthans, Ramirez, Shawver, Warren
NOES: None
ABSENT: None
ABSTAIN:
CITY
RESOLUTION NO, 2013- 20
EXHIBIT D
RULES AND SPECIFICATIONS
19 55414. 00000\ 34279552. 2
EXHIBIT D RULES AND
SPECIFICATIONS
Stanton Towing Rules and Specifications
City of Stanton
Towing Rules and Specifications
for
Non-consensual Towing Services
Towing Rules and Specifications for Non- consensual Towing Services
1. 0. 0 Definitions
1. 1. 0. " Business license" shall mean a license issued by the City according to Chapter
5. 04. 010 of the Municipal Code.
1. 2. 0. " City" shall mean the City of Stanton.
1. 3. 0. " City Manager" shall mean the City Manager of the City of Stanton or his or her designee.
1. 4. 0. " Non- consensual towing service" shall mean towing services provided to the City' s Police Department in situations where vehicle owners are unable to consent to having their vehicle towed, such as in cases of severe accident, where a vehicle is being towed for being illegally parked on public property or towed as a result of a police order. 1, 5. 0. " Rotation list" shall mean the City' s list of eligible Towing Carriers to be used by the City of Stanton when assistance is needed to remove abandoned, disabled or impounded vehicles.
1. 10. 0. " Tow vehicle" shall mean a motor vehicle which has been altered or designed or equipped for and exclusively used in the business of towing vehicles by means of a crane, tow bar, tow line, dolly, or a roll -back carrier or is otherwise used to render emergency assistance to disabled and other vehicles.
1. 11. 0. " Towing Carrier" or Towing Provider" shall mean a towing company and the owner( s) and/ or managing employee( s) of a towing company.
1. 12.0. " Tow vehicle driver" shall mean the driver of an authorized tow vehicle used for towing another motor vehicle.
1. 13. 0. " Vehicle Release Authorization Form" shall mean the document prepared by the City of Stanton and sent to the Tow Carrier authorizing the Tow Carrier to release a stored or impounded vehicle to the vehicle' s owner or agent.
1 CITY OF STANTON
REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: January 28, 2025
SUBJECT: RESOLUTION INITIATING PROCEEDINGS AND ORDERING THE
ENGINEER TO PREPARE AND TO FILE A REPORT FOR THE
STANTON LIGHTING AND LANDSCAPING DISTRICT NO. 1
REPORT IN BRIEF:
As part of the annual update to the Lighting and Landscaping District No. 1, certain procedural resolutions must be adopted by the City Council. The proposed resolution orders the Engineer’s report for the Fiscal Year 2025/26 update.
RECOMMENDED ACTION:
1. City Council find that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Section 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and
2. Adopt Resolution No. 2025-05 initiating proceedings and ordering the Engineer’s report for the Fiscal Year 2025/26 update, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,
CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL
ASSESSMENTS FOR THE STANTON LIGHTING AND LANDSCAPING
DISTRICT NO. 1 FOR THE FISCAL YEAR BEGINNING JULY 1, 2025, AND ENDING JUNE 30, 2026; AND ORDERING THE ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE THEREWITH”.
ANALYSIS:
The Stanton Lighting and Landscaping District No. 1 (“District”) was formed on March 10, 1981, and currently provides funding for maintenance and improvements for the City’s street lights, traffic signals, and medians. Each parcel in the City is assessed a proportionate share of the District’s costs each year. The assessments appear on the property tax bill. Assessments are established upon an Engineer’s assessment of each property’s relative benefit from the services provided by the District.
Item: 9J
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2 Each year, an update to the Engineer’s report must be produced relative to the District’s annual assessments. Harris & Associates, who has provided this service for the City of Stanton for several years, is contracted to complete the Fiscal Year 2025/26 Engineer’s Report.
FISCAL IMPACT:
None.
ENVIRONMENTAL IMPACT:
None.
LEGAL REVIEW:
None.
PUBLIC NOTIFICATION:
Through the agenda posting process.
STRATEGIC PLAN OBJECTIVE:
Obj. No. 4: Ensure fiscal stability and efficiency in governance.
Prepared by: Michelle Bannigan, Finance Director
Approved by: Hannah Shin-Heydorn, City Manager
Attachment:
A. Resolution No. 2025-05
RESOLUTION NO. 2025-05
RESOLUTION NO. 2025-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA,
INTIATING PROCEEDINGS FOR THE ANNUAL ASSESSMENTS FOR THE STANTON LIGHTING AND LANDSCAPING DISTRICT NO. 1 FOR THE FISCAL YEAR BEGINNING JULY 1, 2025, AND ENDING JUNE 30, 2026; AND ORDERING THE
ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE THEREWITH WHEREAS, on March 10, 1981, the City Council adopted Resolution No. 81-20 forming the Stanton Lighting and Landscaping District No. 1 (“the District”), pursuant to the provisions of the “Landscape and Lighting Act of 1972,” being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Act”); and WHEREAS, the public interest and convenience require the City to initiate proceedings for the level of Annual Assessments within the District for Fiscal Year 2025/26, for the purposes provided therefore in the Act and in Resolution No. 81-20; and WHEREAS, Section 22622 of the Act requires the City to adopt a resolution generally describing any proposed new improvements or any substantial changes in the existing improvements and ordering the Engineer to prepare and file a report in accordance with Article 4 of the Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1: The above recitals are true and correct.
SECTION 2: The City Council further finds that this Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has not potential for resulting in physical change to the environment, directly, or indirectly).
SECTION 3: Except as set forth in the Engineer’s Report, no new improvements or substantial changes in existing improvements are contemplated within the District.
SECTION 4: The City Manager is directed to cause the preparation of a report in accordance with Article 4 of the Act for the District, and upon completion, to file said report with the City Clerk, who shall then submit the same to the City Council for its consideration.
SECTION 5: The City Clerk shall certify as to the adoption of this Resolution.
Attachment: A
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RESOLUTION NO. 2025-05
ADOPTED, SIGNED AND APPROVED this 28th day of January, 2025.
DAVID J. SHAWVER, MAYOR
APPROVED AS TO FORM:
HONGDAO NGUYEN, CITY ATTORNEY
ATTEST:
I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2025-05 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the Stanton City Council, held on January 28, 2025, and that the same was adopted, signed and approved by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
PATRICIA A. VAZQUEZ, CITY CLERK
1 CITY OF STANTON
REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: January 28, 2025
SUBJECT: AN ORDINANCE AMENDING PROVISIONS OF STANTON MUNICIPAL CODE CHAPTER 2.32 OF TITLE 2 REGARDING THE PARKS,
RECREATION AND COMMUNITY SERVICES COMMISSION
REPORT IN BRIEF:
The City Council recently directed staff to bring back an ordinance that fixed the number of Parks, Recreation and Community Services Commissioners from seven members, to five members. The proposed ordinance implements that change and also proposes renaming the Commission to the “Community Services Commission.” RECOMMENDED ACTION:
1. City Council declare that the project is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and
2. Introduce Ordinance No. 1159, entitled:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA AMENDING CHAPTER 2.32 OF TITLE 2 OF THE STANTON
MUNICIPAL CODE REGARDING THE PARKS, RECREATION, AND
COMMUNITY SERVICES COMMISSION’S NAME, NUMBER, AND
APPOINTMENT PROCESS”; and
3. Set said ordinance for adoption at the February 11, 2025 regularly scheduled City Council meeting.
Item: 12A
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2 BACKGROUND:
At its regular meeting on January 14, 2025, the City Council directed staff to bring back an ordinance that fixed the number of Parks, Recreation and Community Services Commission members from seven, to five. The proposed ordinance makes that change.
The ordinance also revises the way that Commissioners would be appointed. The current Code provides that each Council Member appoints one Commissioner, and the Mayor appoints three Commissioners. Given the reduced number of seats, the ordinance proposes that the Mayor and each Council Member would appoint one Commissioner to a seat on the five-member Commission.
The term of office for a Commissioner coincides with the term of office of the Mayor/Council Member who made the appointment, meaning it is normally four years.
Commissioners serve in a non-paid, voluntary, and advisory capacity.
ANALYSIS/JUSTIFICATION:
By reducing the number of Commissioners from seven to five members, the Commission will more easily meet quorum requirements. Being able to meet those requirements will provide better efficiencies for Commissioners and facilitate the group’s ability to fulfill their responsibilities.
Additionally, the ordinance proposes renaming the Parks, Recreation and Community Services Commission to the “Community Services Commission.” Commissioners proposed a name change to better align with the Community Services Department name.
FISCAL IMPACT:
The approval of Ordinance No. 1159 would have no fiscal impact to the City.
ENVIRONMENTAL IMPACT:
The action is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
LEGAL REVIEW:
The City Attorney prepared the attached Ordinance.
3 PUBLIC NOTIFICATION:
Through the normal agenda posting process.
STRATEGIC PLAN OBJECTIVE:
Obj. No. 6: Maintain and promote a responsive, high quality and transparent government.
Prepared by: HongDao Nguyen, City Attorney
Reviewed by: Zenia Bobadilla, Community Services Director Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENTS:
A. Ordinance No. 1159
B. Redline of Ordinance
ORDINANCE NO. 1159
ORDINANCE NO. 1159
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA AMENDING CHAPTER 2.32 OF TITLE 2 OF THE STANTON
MUNICIPAL CODE REGARDING THE PARKS, RECREATION, AND
COMMUNITY SERVICES COMMISSION’S NAME, NUMBER, AND
APPOINTMENT PROCESS
WHEREAS, the Stanton Municipal Code (“SMC”) establishes the Parks, Recreation and Community Services Commission in and for the city; and WHEREAS, the SMC currently provides that the Parks, Recreation and Community Services Commission consists of seven members appointed by City Council; each Council Member appoints one Commissioner and the Mayor appoints three; and
WHEREAS, the City desires to maintain and promote a responsive, high quality and transparent government; and
WHEREAS, the City Council wishes to amend the SMC to fix the number of Commissioners from seven members, to five members, which will reduce difficulties in ensuring a quorum for the Commission; these changes would also result in an amendment to how Commissioners are appointed; and WHEREAS, the City Council desires to rename the Parks, Recreation and Community Services Commission membership to the “Community Services Commission”; and
WHEREAS, all legal prerequisites to adopting this Ordinance have been met.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDAIN AS FOLLOWS:
SECTION 1: CEQA. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 2: Renaming Commission. The “Parks, Recreation, and Community Services Commission” is hereby renamed as the “Community Services Commission”. All references in the Stanton Municipal Code to the “Parks, Recreation and Community Services Commission” or the “Parks and Recreation Commission” shall be amended and restated as the “Community Services Commission.”
Attachment: A
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ORDINANCE NO. 1159
SECTION 3: Amending Section 2.32.020 Term. Section 2.32.020 of Title 2 of the Stanton Municipal Code is hereby amended in its entirety to read as follows:
“2.32.020 Membership
The Community Services Commission shall consist of five members serving in a non-paid, voluntary and advisory capacity to the City Council.
The Mayor and each Council Member shall appoint one Community Services Commissioner who shall be at least eighteen years of age and a resident of the city. No appointment shall be effective until approved by majority vote of the City Council.”
SECTION 4: Amending Section 2.32.030 Term. Section 2.32.030 of Title 2 of the Stanton Municipal Code is hereby amended in its entirety to read as follows:
“2.32.030 Term
The terms of office for each of the five Community Services Commissioners shall coincide with the term of office of the Mayor/Council Member who made the appointment; provided, however, each Commissioner shall continue to serve until his or her successor is appointed; and provided further, that any Commissioner may be removed at any time by majority vote of the entire City Council. The City Council, by majority vote, may remove any Commissioner at any time prior to the expiration of the designated term.
Vacancies occurring on the Community Services Commission within the term of any member of the Commission shall be filled in the same manner as provided for in the initial appointment. The appointee is to serve only for the unexpired term of office of the retiring member whom he or she replaces.”
SECTION 5: Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Stanton hereby declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases may be declared invalid or unconstitutional.
SECTION 6: Effective Date. This Ordinance No. 1159 shall be effective 30 days after its adoption.
ORDINANCE NO. 1159
SECTION 7: Publication. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a Certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933 to be posted in three (3) conspicuous places in the City of Stanton within fifteen (15) days of the adoption.
PASSED, APPROVED, AND ADOPTED this 11th day of February, 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. 1159 was introduced at a regular meeting of the City Council of the City of Stanton, California, held on the 28th day of January, 2025 and was duly adopted at a regular meeting of the City Council held on the 11th day of February, 2025, by the following roll-call vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
PATRICIA A. VAZQUEZ, CITY CLERK
Redline to Ordinance No. _____________
(New language underlined, and deleted language in strikethrough) Chapter 2.32. PARKS AND RECREATION COMMUNITY SERVICES COMMISSION § 2.32.010. Established.
A parks, recreation and community services commission in and for the city is hereby established.
§ 2.32.020. Membership.
The parks, recreation and community services commission shall consist of seven five members serving in a non-paid, voluntary and advisory capacity to the city council. The Mayor and each councilmember shall appoint one parks, recreation and community services commissioner who shall be at least eighteen years of age and a resident of the city. In addition, the mayor shall appoint two commissioners. No appointment shall be effective until approved by majority vote of the city council.
§ 2.32.030. Term.
The terms of office for each of the seven five parks, recreation and community services commissioners shall coincide with the term of office of the Mayor/councilmember who made the appointment; provided, however, each commissioner shall continue to serve until his or her successor is appointed; and provided further, that any commissioner may be removed at any time by majority vote of the entire council. The terms of seats six and seven shall coincide with the council term of the mayor.
The city council, by majority vote, may remove any commissioner at any time prior to the expiration of the designated term.
Vacancies occurring on the parks, recreation and community services commission within the term of any member of the commission shall be filled in the same manner as provided for in the initial appointment. The appointee is to serve only for the unexpired term of office of the retiring member whom he or she replaces.
§ 2.32.040. Organization, purpose, powers, and duties.
The parks, recreation and community services commission's meeting schedule, purpose, powers, and duties shall be established via city council resolution.
Attachment: B
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CITY OF STANTON
REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: January 28, 2025
SUBJECT: STUDY SESSION ON HOMESTEADING
REPORT IN BRIEF:
At the September 24, 2024 City Council meeting, Mayor Pro Tem Torres requested the following item be agendized for discussion: “Request to Hold a Study Session Relating to Homesteading Within the City.” At its meeting of October 8, 2024, the City Council received consensus and directed staff to proceed.
RECOMMENDED ACTION:
1. City Council find that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5)(Organizational or administrative activities or governments that will not result in direct or indirect physical changes in the environment); and
2. Provide direction to staff.
BACKGROUND:
Definition of Homesteading
To better understand what is meant by the term “homesteading”, staff searched online.
Merriam-Webster (www.merriam-webster.com) provides the following definitions of homesteading:
• 1: the act or practice of acquiring, settling on, or occupying land under a homestead law
• 2: the act or practice of living frugally or self-sufficiently (as on a homestead) especially by grown and preserving food
Wikipedia (en.wikipedia.org) provides the following additional information.
Homesteading is a lifestyle of self-sufficiency. It is characterized by subsistence agriculture, home preservation of food, and may also involve the small scale Item: 12B
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production of textiles, clothing, and craft work for household use or sale.
Homesteading has been pursued in various ways around the world and throughout different historical eras. It is typically distinguished from rural village or commune living by the isolation of the homestead (socially, physically, or both).
…
Modern homesteaders often use renewable energy options including solar and wind power. Many also choose to plant and grow heirloom vegetables and to raise heritage livestock. Homesteading is not defined by where someone lives, such as the city or the country, but by the lifestyle choices they make.
When searching for the term “homesteading”, staff also came across California’s homestead laws which allow individuals to declare a portion of their property as “homestead” and thereby protect that portion in bankruptcy proceedings or other actions taken by creditors.
Specifically, staff believes the Council’s intent was to study “urban homesteading”.
According to University of California Davis faculty, “an urban homestead is a household that produces a significant part of the food, including produce and livestock, consumed by its residents. This is typically associated with residents’ desire to live in a more environmentally conscious manner.” Urban homesteading often allows community members to cultivate land, typically backyards (single-family) or common open space (multi-family), for personal use, community building, and food production. In addition to growing fruits, vegetables, and herbs, cultivation may also include the keeping of small livestock (e.g., chickens, ducks, goats, and pigs) as well as beekeeping.
City and County Regulations Potentially Related to Urban Homesteading – Keeping of Animals
With the definitions/descriptions identified above, staff then conducted a search of City and County regulations to determine those that could potentially relate to urban homesteading and the keeping of animals.
City of Stanton Municipal Code
§ 8.04.020 Prohibitions and limitations.
Last updated in 1997.
A. Prohibitions. Under no circumstances shall any wild animal, rooster or member of the swine family be kept or maintained within the city except pursuant to a special permit issued by the city council.
B. Limitations. No more than three adult dogs, cats, rabbits or fowl and their offspring, shall be kept upon any premises in the city, except for aviaries, racing/homing pigeon lofts, boarding and grooming facilities, or hospital and veterinary facilities permitted or subject to a conditional use permit pursuant to the zoning code of the city. For the purposes of this chapter, "adult" means animal of four months of age or older.
§ 8.04.070 Disturbing the peace.
It is unlawful for any person owning, controlling or having in his care or keeping any animal, whether licensed or unlicensed, to suffer or permit such animal to disturb any other person in the quiet enjoyment of his or her property or damage or destroy the property of any person other than that of the owner of such animal. § 8.04.080 Horses, cows and other hoofed animals.
A. The minimum lot area for keeping of any hoofed animals is fifteen hundred square feet. No more than one such animal may be kept for each five thousand square feet of property. No more than five adult hoofed animals shall be kept upon any one lot.
B. A minimum of three hundred eighty-four square feet of corral space and ninetysix square feet of usable covered shelter shall be provided for each hoofed animal.
C. If only one such hoofed animal is kept on any premises, it shall be kept at a minimum distance of fifty feet from any habitable dwelling unit. For each hoofed animal over one which is kept on any premises, an additional ten feet of distance shall be required between such animals and any habitable dwelling unit located on any adjacent property.
§ 8.04.090 Chicken coops.
No chicken coop, pen or other enclosure for the housing of fowl shall be located within fifty feet of any habitable dwelling unit.
§ 20.400.040 Animal keeping.
Last updated in 2013.
This Section provides standards for animal-keeping where allowed in compliance with Article 2 (Zones, Allowed Uses, and Zone Specific Standards). These provisions are intended to ensure that animal-keeping activities do not adversely impact adjacent properties by reason of bright lights, dust, insect infestations, noise, odor, or visual blight.
A. Animal-keeping standard. Animal-keeping shall comply with the standards in Table 4-1 (Animal-Keeping Standards).
B. Beekeeping/apiaries. In addition to the requirements in Table 4-1 (AnimalKeeping Standards), the following shall apply:
1. Definitions.
a. Bee. Any stage of the common domestic honey bee, Apis Mellifera species.
b. Hive. A structure for the housing of a bee colony.
c. Requeen. To replace the queen bee in a colony with a younger and more productive queen, a common practice in beekeeping to prevent bee swarming.
2. Registration. Persons keeping honey bees shall register the hives with the following agencies:
a. Department, on a form provided or approved by the Department, containing the beekeeper's name, address, telephone, e-mail and fax numbers, emergency contact information, and location of the hive, and they shall notify the Department within 10 business days of any changes to such information.
b. Orange County Agriculture Commissioner, as required by the Apiary Protection Act (Food and Agriculture Code Section 29000 et seq.).
c. County's Animal Control Office.
3. Inspections. The Director or the Animal Control Officer is authorized to enter upon private property at reasonable times to inspect the hives.
4. Hive identification. In compliance with Food & Agricultural Code Section 29046, it is mandatory to prominently display the hive owner's name, address and telephone number on a sign in black letters not less than one inch in height on a background of contrasting colors located at the entrance side of the apiary.
5. Hive placement.
a. Hives shall be located at least five feet from all property lines. b. Hive entrances shall face away from or parallel to the nearest property line(s).
c. Hives shall either be screened so that the bees must fly over a six-foot barrier, which may be vegetative, before leaving the property, or be placed at least eight-feet above the adjacent ground level.
6. Hive management.
a. All bee colonies shall be kept in inspectable hives consisting of moveable frames and combs.
b. Hives shall be kept in sound and usable condition at all times. c. Hives shall be continually managed to provide adequate livingspace for their resident bees to prevent swarming. d. Hives shall be requeened at least once every two years to prevent swarming.
e. A water source for bees shall be provided at all times on the property where the bees are kept to discourage bee visitation at swimming pools, hose bibs, and other water sources on adjacent public or private property.
f. Hive maintenance materials or equipment shall be stored in a sealed container or placed within a building or other bee-proof enclosure.
7. Nuisance. Bees or hives shall be considered a public nuisance when any of the following occurs:
a. Colonies of bees exhibit defensive or objectionable behavior, or interfere with the normal use of neighboring properties. b. Colonies of bees swarm.
c. Bees or hives that do not conform to this Zoning Code. d. Hives become abandoned by resident bees or by the owner.
C. Racing/homing pigeons/aviaries.
1. Up to 100 racing/homing pigeons may be kept on a lot that contains at least one dwelling unit. The Director may reduce the maximum allowable number if the Director determines that the lot size and/or the number of dwelling units on a lot and/or the nature or location of surrounding uses requires a lesser number.
2. Up to 40 racing/homing pigeons may be released at any one time for flight exercise or training purposes. A maximum of two flights shall be allowed within any 24-hour period.
3. Racing/homing pigeons shall only be released to fly between the hours of 7:00 a.m. and 7:00 p.m. In the case of racing pigeons, these time restrictions shall not apply when the racing pigeons have been released from a distant location, in which case, the racing pigeons will be allowed to fly into the loft upon their return.
4. Racing/homing pigeons shall be kept, maintained and fed in an enclosed loft, pen, coop, pigeon house, or other similar structure (collectively "loft"), not to exceed seven feet in height, and that is capable of confining the racing/homing pigeons until the time of release. The structure shall require a Building Permit if it exceeds 120 square feet in size.
5. Racing/homing pigeon lofts shall be located on the rear one-third of the property at a distance no less than 20 feet from all adjacent habitable structures.
6. Racing/homing pigeon lofts or structures shall be kept and maintained in a sanitary condition, all refuse and droppings removed from the premises at least once each calendar week, and all rules and regulations of all the governmental agencies having jurisdiction shall be met. Failure to comply with these standards shall be cause for revocation of any Conditional Use Permit granted.
7. The property and all structures, including roofs, driveways, and walkways, on the property shall be maintained in a clean manner, void of excessive pigeon droppings.
8. Commercial business or breeding activities shall be prohibited.
9. The owner of the racing/homing pigeons shall be a member of the California State Racing Pigeon Association, the American Racing Pigeon Union, Inc., or other generally recognized pigeon racing organization with annual registration by licensee of the individual birds. Pigeons shall be identifiable by a numbered leg band issued by a recognized national or state pigeon organization.
D. Permit conditions. Where Table 4-1 (Animal-Keeping Standards) requires a Minor Use Permit or a Conditional Use Permit, the review authority shall evaluate how the proposed animals will be housed and/or confined, and whether the location, size, and design of the area for animal keeping on the site will be adequate to allow compliance with the other standards of this Section without unreasonable effort on the part of the animal manager. In approving a Minor Use Permit or Conditional Use Permit, the review authority may limit the maximum number of animals allowed on the site as appropriate to the characteristics of the site, the surrounding land uses, and the species of animals proposed. § 20.700.070 Other Uses.
Last updated in 2020.
Animal-Keeping (Land Use). The noncommercial keeping or raising of animals commonly regarded as household pets (e.g., cats, dogs, fish, rabbits, etc.) as regulated by Section 20.400.040 (Animal Keeping). Does not include wild animals as defined in Municipal Code Section 6.04.010 (Definitions)
1. Kennel. A place where four or more dogs or cats are kept, boarded or trained by the owners of the animals or by persons providing the facilities and services to others with or without charging a fee.
2. Poultry. Chickens, turkeys, ducks, geese, pigeons, and other fowl.
3. Wild Animal. A wild, exotic, dangerous or non-domestic animal, including mammals, fowl, fish, reptiles and other species.
County of Orange Ordinances
The City’s Municipal Code includes the following:
§ 8.04.010 Orange County ordinances adopted by reference.
Last updated in 1997.
Division 1 of Title 4 in its entirety and those portions of Division 1, 2 and 3 of Title 5 of the codified ordinances of Orange County, relating to animal control, animal welfare, animal license and animal health requirements are adopted by reference as if set forth fully herein except as follows:
A. Where the term "county" is used in the county code, the term means "city.” B. Where the term "board of supervisors" is used in the county codes, the term means "city council.”
As such, staff reviewed the above-referenced County ordinances. • Article 9. Keeping of Livestock
Sec. 4-1-143. Livestock fences.
Every owner, keeper, custodian or harborer of livestock shall erect and/or maintain a fence as herein described to contain and confine all livestock kept or maintained on his premises.
Such fence shall be sufficiently good, strong and substantial as to prevent the ingress and egress of livestock. No wire fence is a good and substantial fence within the meaning of this section unless it has three (3) tightly stretched barbed wires securely fastened to posts of reasonable strength, firmly set into the ground not more than one rod apart, one of which wires shall be at least four (4) feet above the surface of the ground. Any kind of wire or other fence of height, strength and capacity equal to or greater than the wire fence herein described is a good and substantial fence within the meaning of this section. Cattle guards of such width, depth, rail spacing and construction as will effectively turn livestock are also a good and substantial fence.
• Article 10. Animal Health
Sec. 4-1-143. Livestock affected with contagious, infectious or communicable disease.
It shall be unlawful for any person to bring into or receive into the County of Orange any performing animals or horses or livestock known to be affected with any contagious, infectious or communicable disease, unless such animals are specifically permitted to enter the State of California and the County of Orange under Federal or California State regulations, and then only under the conditions and for the purpose prescribed in the Federal and State regulations governing movement of livestock or performing animals or horses.
City and County Regulations Potentially Related to Urban Homesteading – Agriculture
With the definitions/descriptions identified above, staff then conducted a search of City and County regulations to determine those that could potentially relate to urban homesteading and agriculture.
City of Stanton Municipal Code
§ 20.210.010 Purposes of Residential Zones.
Last updated in 2017.
A. Residential Estates (RE) Zone. The RE zone is applied to areas appropriate for detached single-family dwellings on large lots. Other related uses, including noncommercial agricultural activities, community services, second dwelling units, and accessory facilities, may also be allowed.
§ 20.700.030 Agricultural and Resource Uses.
Last updated in 2013.
Community Garden (Land Use). A site for growing plants that is shared and maintained by community residents.
Other Cities Regulations
Within Orange County, there are several cities that allow various forms of urban homesteading. A sample of nearby cities regulations are provided below:
Anaheim: In some areas of Anaheim, residents are allowed to keep chickens (hens only) under certain restrictions.
Buena Park: Allows horticultural production, the keeping of small animals, and beekeeping on properties located within the Agricultural (A) Overlay zone. The A zone is valid on 15 parcels in the City, all located on one street. The regulations related to keeping livestock state that rabbits, fowls, and not more than two horses, mules, cows, goats, sheep, or similar large animals in any combination. Any animal keeping structure must be located at least 100 feet from the property line, 30 feet from any other property line, and 40 feet from any dwelling or other building used for human habitation. Related to beekeeping, no more than two bee colonies or beehives are allowed on a lot and no more than two honey-collecting cells per colony are permitted. In addition, each hive or colony shall be located to the rear of a main structure and at least 15-feet from every property line; hives or colonies shall be the property of, and maintained by, the residents of the property upon which the hives are located; an adequate water supply shall be provided on-site at all times; and all colonies are registered with the Orange County Agricultural Commissioner.
Cypress: The keeping of animals and horticulture is permitted on properties within the RS-15,000 zone subject to minimum lot size and setback requirements.
Fullerton: Small livestock such as poultry, rabbits, pot-bellied pigs and miniature horses may be kept, provided no coops or pens are located within 30-feet of a habitable dwelling on adjacent property. Crowing roosters are prohibited. Livestock such as cattle, goats, sheep and horses may be kept on a single-family property with a minimum lot size of 32,000 square feet provided no animals are permitted within 50-feet to a habitable dwelling on adjacent property and 30-feet to a patio, swimming pool or similar facility on adjacent property.
La Habra: Allows for the keeping of livestock and bees within its Agricultural or Open Space zones. Beehives must be at least 25 feet from any property line of the lot or parcel of land upon which it is situated. Poultry, rabbits or similar livestock raised for food are permitted, if not more than 12 of any one or combination of such animals may be maintained on one lot. Livestock and pens/coops must be at least 50 feet from any building used for human habitation, or within 100 feet of the front lot line, or within 100 feet of any public park, school or hospital.
ANALYSIS:
Potential Negative Impacts of Urban Homesteading
Some potential challenges associated with urban homesteading include:
• Noise and Smell: The presence of small livestock, compost piles, or other common homesteading features have the potential to generate noise and odors that can be disruptive to adjacent residential properties in close proximity. • Vector/Pest Issues: The introduction of crops, small livestock and composting can attract pests like insects or rodents. Additionally, the pest management practices of a property owner could utilize pesticides and insecticides that may be harmful to adjacent properties.
• Neighbor Relations: Urban homesteading activities, such as composting, crop cultivation, or keeping chickens, can negatively affect neighboring properties leading to disputes over noise, odors, pests, or aesthetic concerns.
Considerations
Should the City Council direct staff to amend the Stanton Municipal Code to expand the permitting of urban homesteading activities; at a minimum, the following elements should be considered:
• Lot Size and Setback Requirements: Define minimum lot sizes for zones where urban homesteading could be permitted and establish minimum setback requirements for coops/pens to minimize odor and noise concerns and to maintain aesthetics.
• Permitting/Review Process: Establish a review and permitting process for residents proposing to engage in urban homesteading activities on their property while ensuring compliance with minimum standards.
Should the City Council direct staff to make urban homesteading a Council priority in the upcoming year, the Council may want to consider:
• Education and Outreach Programs: Explore partnership opportunities with local colleges and horticulture organizations to provide educational programs about urban homesteading practices and provide resources to community members.
• Grant Funding: Seek out grant funding opportunities to provide monetary resources to promote and support urban homesteading practices.
FISCAL IMPACT:
None.
ENVIRONMENTAL IMPACT:
This item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5)(Organizational or administrative activities or governments that will not result in direct or indirect physical changes in the environment).
PUBLIC NOTIFICATION:
Public notification provided through the regular agenda process.
LEGAL REVIEW:
None.
STRATEGIC PLAN OBJECTIVE:
Obj. No. 6: Maintain and promote a responsive, high quality and transparent government.
Prepared by: Hannah Shin-Heydorn, City Manager
Approved by: Hannah Shin-Heydorn, City Manager
City Council Initiated
Items 15D through 15N
15D:
“DISCUSSION REGARDING REVIEW OF THE CITY’S CURRENT MUNICIPAL CODES RELATING TO FENCING REQUIREMENTS AND SETBACKS WITHIN THE CITY”
15E:
“DISCUSSION REGARDING CLARIFICATION OF NAME USAGE FOR CITY PARKS / RENAMING OF PARKS” 15F:
“DISCUSSION REGARDING PUBLIC SAFETY RELATING TO NATURAL OR MAN-MADE DISASTERS” 15G:
“DISCUSSION REGARDING PLANNING COMMISSION DEVELOPMENT”
15H:
“DISCUSSION REGARDING MAYOR’S APPOINTMENTS OF COUNCIL MEMBERS AS REPRESENTATIVES TO VARIOUS BOARDS, COMMISSIONS, COMMITTEES AND AGENCIES” 15I:
“DISCUSSION REGARDING AWARD OF SINGLE-SOURCE CONTRACTS” 15J:
“DISCUSSION REGARDING REVIEW OF THE CITY’S GENERAL PLAN AND ANY AMENDMENTS” 15K:
“DISCUSSION REGARDING ADDING ITEMS TO AN AGENDA BY THE CITY COUNCIL” 15L:
“DISCUSSION REGARDING COMMUNITY DEVELOPMENT DEPARTMENT PROCEDURES” 15M:
“DISCUSSION REGARDING REVIEW OF THE FUTURE OF THE TINA PACIFIC NEIGHBORHOOD” 15N:
“DISCUSSION REGARDING 4TH OF JULY HOLIDAY”
(These items do not contain a staff report)
Items: 15D - 15N
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