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I rentals; they are a quintessential residential use. In short, "[a] `residential building' is used for 2 human habitation without regard to length of occupancy,"and"[i]t is possible to reside somewhere 3 for a night, a week, or a lifetime." Id. at 149. The Court of Appeal had previously reached a 4 similar conclusion in People v. Venice Suites, LLC, 71 Cal. App. 5th 715, 732- 34 (2021), where 5 it rejected an argument proffered by the City of Los Angeles that, because its municipal code did 6 not expressly authorize STRs, they must be prohibited. The court rejected that argument, in part, 7 because "no length of occupancy requirement is expressed" in the city's code. 8 38. On information and belief, the City never explained how the apparently new 9 position it began taking in or around 2022 that existing STRs were prohibited by the Municipal 10 Code could be squared with the California Court of Appeal's decisions or with its prior actions. 11 The Citv Council Adopts the Emergency Ordinance and First Reading of Ordinance No. 12 NS-3061 in April 2024 13 39. On December 11, 2023, the Santa Ana City Planning Commission presented a 14 "Work Study Session"on the regulation of STRs in the City. On information and belief,following 15 that meeting, the Planning Commission reached out to certain hosts requesting suggestions and/or 16 comments on a proposed STR program in Santa Ana. 17 40. Without further discussion or outreach, in late-March 2024—on Thursday, March 18 28 (just three days before Easter)—the City posted an agenda that it would consider at its April 2, 19 2024, meeting (a) an Urgency Ordinance banning all STRs "effective immediately" and (b) 20 Ordinance No.NS-3061 banning all STRs in the City 30 days after the effective date. The hearing 21 was scheduled for the Tuesday after Easter while many families would be on spring break. 22 41. The City claimed authority to adopt the Urgency Ordinance, pursuant to Sections 23 415 and 417 of the City Charter. Section 415 of the City Charter provides that the City Council 24 can adopt an ordinance that it declares to be "necessary as an emergency measure for preserving 25 the public peace, health, or safety, and containing a statement of the reasons for its urgency" by a 26 two-thirds vote of the members of City Council. Santa Ana Mun. Code, § 415. Despite having 27 allowed the September 2015 emergency ordinance to expire 45-days later, and despite, on 28 information and belief, never having never undertaken the review and analysis that the September VERTFTED PETTTTON FOR WRTT OF MANDATE 11 AND COMPLATNT