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URGENCY ORDINANCE NO. NS-3060 <br />AN URGENCY ORDINANCE OF THE CITY COUNCIL OF <br />THE CITY OF SANTA ANA PURSUANT TO CHARTER <br />SECTIONS 415 AND 417 ADDING ARTICLE XXI TO <br />CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE <br />PROHIBITING SHORT-TERM RENTALS <br />WHEREAS, the proliferation of online vacation rental .websites such as <br />Airbnb.com and vrbo.com have encouraged and enabled City of Santa Ana .("City") <br />property owners, tenants, and occupants to rent their local, residential properties on a <br />short-term rental ("STR") basis to travelers or transients; and, <br />WHEREAS, these short-term rentals, generally numbering less than 30 days, are <br />often associated with excessive noise, parking problems, trash, and degradation of a <br />neighborhood's residential character; and, <br />WHEREAS, the City has received numerous complaints from residents about the <br />negative secondary effects of short-term rental uses in their residential neighborhoods; <br />and, <br />WHEREAS, Short-term rentals also remove housing stock that could otherwise <br />be available for long-term rental or for sale. Data collected from various STIR platforms <br />reveals that there are more than 1,100 active STR units across Santa Ana. The City's <br />Regional Housing Needs Allocation (RHNA) for 2021-2029 is 3,137 permanent housing <br />units. The 1,100 STRs represent about 35% of the City's housing needs, diverting a <br />significant portion of available housing away from permanent residents; and, <br />WHEREAS, pursuant to Santa Ana Municipal Code (SAMC) Section 41-190(a), <br />the Zoning Code (Chapter 41 of the SAMC) is a permissive ordinance, meaning that <br />those uses expressly listed in the Zoning Code are permissible, and those not listed are <br />prohibited. <br />WHEREAS, at present, the SAMC does not list STRs as an approved use in any <br />zoning district, making them prohibited and unauthorized under the current enforcement <br />practice afforded by Section 41-190(a). <br />WHEREAS, recent court rulings have brought into question the City's ability to <br />rely on the aforementioned section of the Zoning Code in specifically addressing STRs <br />through the Code Enforcement process. <br />WHEREAS, the Santa Ana Municipal Code ("SAMC") does not expressly <br />address short-term rentals in residential zoning districts. However, because short-term <br />rentals are not expressly permitted in residential zoning districts under the SAMC, such <br />transient uses are prohibited; and, <br />Urgency Ordinance No. NS-3060 <br />Page 1 of 5 <br />