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Correspondence - Item #15
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Correspondence - Item #15
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12/3/2024 3:06:38 PM
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City Clerk
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Planning & Building
Item #
15
Date
12/3/2024
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I many hosts have STRs in Santa Ana residential zones. Indeed, many Rental Alliance members <br /> 2 have acquired a business license for each rental unit that they own or manage. And, in addition to <br /> 3 paying fees to Santa Ana, hosts have invested other considerable resources to make their homes <br /> 4 suitable for STRs. <br /> 5 8. The City turned this all on its head when on April 2, 2024, it adopted an urgency <br /> 6 ordinance banning all STRs "effective immediately" (the "Urgency Ordinance"). Thereafter, on <br /> 7 April 16, 2024, City Council adopted an ordinance permanently banning all STRs in the City <br /> 8 ("Ordinance No. NS-3061" or the "STR Ban"). The Urgency Ordinance and the STR Ban <br /> 9 prohibited both"home-sharing rentals" (rental of a dwelling unit for a period of less than 30 days <br /> 10 while one of the dwelling unit's owners lives onsite through the visitors' stay) and "short-term or <br /> 11 vacation rentals" (rental of dwelling unit for a period of less than 30 days without concurrently <br /> 12 being occupied by the property owner). Neither provided an exception from these prohibitions for <br /> 13 existing operating STRs. The Urgency Ordinance became immediately effective on April 2, 2024. <br /> 14 Ordinance No. NS-3061 specified it would become "effective thirty (30) days after its adoption," <br /> 15 which was on April 16, 2024. In adopting both the Urgency Ordinance and STR Ban, the City <br /> 16 Council's did no real due diligence and conducted no meaningful analysis to determine whether <br /> 17 the STR Ban (1) could result in impacts to the environment or (2) would, in any way, aid the City <br /> 18 in remedying the issues the ban was purportedly adopted to address. <br /> 19 9. What is obvious from a review of the stunningly sparse administrative record for <br /> 20 these ordinances is that the ultimate ban was the result of a rushed and ill-informed effort by the <br /> 21 City Council to push through STR regulation. Councilmembers gave no meaningful consideration <br /> 22 whatsoever to whether the ban would actually address the issues purportedly facing Santa Ana, <br /> 23 much less whether the ban complies with state and federal law. <br /> 24 10. In adopting Ordinance No. NS-3061 on April 16, 2024, the City failed to conduct <br /> 25 necessary environmental review, made unsupported determinations about the impacts of STRs, <br /> 26 mischaracterized the lawfulness of existing STRs, and disregarded established California law <br /> 27 protecting nonconforming uses. <br /> 28 <br /> VERTFTED PETTTTON FOR WRTT OF MANDATE <br /> 4 AND COMPLATNT <br />
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