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provide any further detail on these active cases or what the complaints entail.' We believe that many of these enforcement notices have nothing to do with excessive noise, parking problems, trash, and degradation of a neighborhood's character, and instead are based on the City's incorrect position that the Municipal Code prohibits STRs. In any event, the City Council does not have the evidentiary basis to adopt the draconian prohibition on STRs given the complete lack of record currently before it, so adoption of the prohibition would be arbitrary and capricious. Housiniz Availabilit The City also lacks any evidence of the effect of STRs on housing availability in the City. The staff report merely states that according to data from STR platforms, there are 1,100 active STRs in the City, and the City's Regional Housing Needs Allocation ("RHNA") for 2021-2029 is 3,137 permanent housing units, implying that banning STRs would add 1,100 homes to the long-term housing market. (Staff Report at 2). This implication is wrong. In reality, many STRs in the City are either owner -occupied, meaning that the host is on site while guests are present because they live there full-time and have an extra room/rooms, or are entire home STRs which are rented on a short-term basis because the owner travels or is only in the City on a seasonal basis and so cannot rent the property on a long-term basis (e.g., six-month or one-year lease). Further, as discussed in a recent study conducted by the Milken Institute on STRs in California, "the notion that decreasing STR supply will mitigate California's extreme housing shortage is not supported by the evidence. The only solution to California's housing crisis is to provide more housing: specifically denser, more affordable multifamily housing units."' A review of the Housing Element reveals that the City does not appear to mention STRs anywhere in that document. (See City of Santa Ana General Plan Housing Element). In the section of the Housing Element discussing "Housing Constraints," the City notes that various factors influencing the City's ability to meet its housing goals include market factors (land costs, construction and rehabilitation costs, availability of financing, and recent trends in foreclosures), governmental factors (land use regulations, development standards, building codes, permit procedures, and other local policies), and environmental factors (adequacy of infrastructure, public services, and water supply to support new development). (Id. at A-47). Further, and as discussed in the Milken Institute study, California's decades -long housing shortage is primarily caused by failure to build enough housing due to rising construction costs, lengthy permitting times, and community opposition, which disincentivize construction of affordable housing. (Dubetz, p. 4.) ' Moreover, the City conveniently ignores Chapter 17 of its own municipal code, which provides several existing enforcement mechanisms to mitigate public nuisances. See Dallas Short -Term Rental Alliance Order at 5 (rejecting city's asserted interest in deterring nuisances because city already maintained nuisance ordinances that it could have enforced). s Alissa Dubetz, Matt Horton, and Charlotte Kesteven, Staying Power: The Effects of Short -Term Rentals on California's Tourism Economy and Housing Affordability, MILKEN INSTITUTE (May 2022), https://milkeninstitute.org/sites/default/files/2022-05/ShortTerm_Rentals_Califomig.pdf. 7