Item 21 - Approve Urgency Ordinance Regarding Short Term Rentals

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Ordinance No. NS-XXX Page 2 of 5 WHEREAS, in response to recent legal developments, this urgency ordinance seeks to amend the Santa Ana Municipal Code (SAMC) to prohibit short-term rentals in alignment with the SAMC's current practice and expectation, as well as compliance with recent court decisions; and, WHEREAS, there currently exists over 100 confirmed active cases of STRs that have ongoing enforcement notices and violations; 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 SAMC. 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. Addition. Article XXI (Sections 8-3400 – 8-3402) is hereby added to Chapter 8 of the SAMC to read 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 days while at least one of the dwelling unit’s owners lives on-site, in the dwelling unit, throughout the visitors’ stay. (b)Short-term or vacation rental means the rental to a person or group of persons of a dwelling unit, or portion thereof, for compensation whether monetary or otherwise, for lodging or sleeping purposes for a period of less than thirty (30) consecutive calendar days without concurrently being occupied by the property owner. Sec. 8-3401. -Prohibited. It shall be unlawful for any person or entity to: offer or make available for rent (via advertisement on a short-term or vacation rental website or otherwise) or to rent (by way of a rental agreement, lease, sublease, license, via a short-term or vacation rental website, or any other means, whether oral or written) for compensation or consideration a home-sharing rental, short-term or vacation rental for less than 30 days, pursuant to a rental agreement, lease, sublease, license, via a short- term or vacation rental website, or any other means, whether oral or written, for compensation or consideration, or maintain any advertisement of a home-sharing rental, short-term or vacation