Item 21 - Approve Urgency Ordinance Regarding Short Term Rentals

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Urgency Ordinance No. NS-XXX Page 2 of 6 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, pursuant to Santa Ana City Charter sections 415 and 417, based on the above findings, this Ordinance is declared by the City Council to be necessary as an emergency measure to protect and preserve the health, safety and welfare of the residents of the City of Santa Ana and will become effective immediately if passed by the affirmative votes of at least two-thirds (2/3) of the members of the City Council. The City Council hereby finds that there is an urgent need to adopt these regulations in order to address the current and immediate threats set forth above. 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.