NS-3072 - Repealing and Reenacting in Its Entirety Article XXI to Chapter 8 of the Santa Ana Municipal Code Prohibiting Short-Term Rentals

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WHEREAS, historically, the City has prohibited STRs under a permissive zoning theory, meaning that those uses expressly listed in SAMC Section 41-190 of the Zoning Code (Chapter 41) are permissible and those not listed (including STRs) are prohibited, and this ordinance seeks to amend the SAMC to explicitly prohibit STRs in alignment with the City's current practice and expectation, as well as compliance with recent court decisions that brought into question the City's ability to rely on the aforementioned section of the Zoning Code in specifically addressing STRs through the Code Enforcement process; and WHEREAS, failure to amend the SAMC to address aforementioned negative impacts will threaten the health and safety of Santa Ana neighborhoods and residents, and leave City staff powerless to uphold and maintain the quality of life in the City; and WHEREAS, pursuant to the City's police power, as granted broadly under Article XI, section 7 of the California Constitution, and Santa Ana Charter section 200, the Santa Ana City Council has the authority to enact and enforce ordinances and regulations for the public peace, health, and welfare of the City and its residents; and WHEREAS, the City Council has determined that it is necessary for preserving the public peace, health, safety, and welfare to expressly prohibit short-term rentals within the City and to declare such uses as a public nuisance punishable under the SANK; and WHEREAS, the City Council held a duly -noticed public hearing on November 19, 2024 to consider the first reading of this Ordinance. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. Recitals. The recitals above are true, correct and each incorporated herein by reference and adopted as findings by the Santa Ana City Council ("City Council") SECTION 2. Repeal. Article XXI (Sections 8-3400 — 8.3402) of Chapter 8 of the SAMC is hereby repealed in its entirety. SECTION 3. Reenactment. Article XXI (Sections 8-3400 — 8-3402) of Chapter 8 of the SAMC is hereby reenacted in its entirety as follows: ARTICLE XXI. — SHORT-TERM RENTALS Sec. 8-3400. — Definitions. The definitions set forth in this Section shall govern the application and interpretation of this Article: (a) Home -sharing► rental means the rental of a dwelling unit, or portion thereof, to a person or group of persons, for compensation whether monetary or otherwise, for lodging or sleeping purposes for a period of less than thirty (30) consecutive calendar Ordinance No. NS-3072 Page 2 of 5