ORANGE : City Seeks to Reverse Overcrowding Ruling

The city attorney’s office has asked the state Supreme Court to reverse an appeals court decision striking down a Santa Ana ordinance that would ban overcrowded residences.

A three-page letter mailed Thursday to Chief Justice Malcolm M. Lucas supports a petition filed by Santa Ana last month requesting that the court review a 1991 Santa Ana ordinance that essentially allows no more than five people to live in an average one-bedroom apartment.

A decision on the Santa Ana case would affect a similar ordinance pending in Orange that is considered by some housing advocates to be even more strict.

Santa Ana’s ordinance was upheld by an Orange County Superior Court judge but overturned in May by the 4th District Court of Appeal.

“We think that the appellate court was wrong in finding that local regulation of occupancy is preempted by state health and safety codes,” City Atty. Robert O. Franks said.

State standards permit as many as 10 occupants per bedroom, standards that were “developed to address farm worker housing at the turn of the century and tenement conditions,” Franks asserted.

The Orange law affects new tenants only and would allow no more than two people per bedroom plus one additional occupant, no more than one person per 120 square feet or no more than seven people per bathroom.

City officials have said that such an ordinance is necessary to control the severe overcrowding that has taxed local safety, health and other public services.

The City Council gave initial approval to the overcrowding ordinance the day before the Santa Ana law was struck down in May.

Officials are awaiting a Supreme Court decision before giving final approval.

“The issue is of major importance to many, if not all, of the over 400 municipalities in the state because of the severe impacts on residential overcrowding, on health and safety . . . public services, neighborhood preservation” and each city’s General Plan, Franks stated in the letter to the state high court.

“If the appellate decision is allowed to stand, it will leave cities unable to deal with a problem that affects municipalities to a much greater degree than any other level of government.”