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Ordinance No. NS-XXX <br />Page 2 of 5 <br /> <br />WHEREAS, in response to recent legal developments, this urgency ordinance seeks to <br />amend the Santa Ana Municipal Code (SAMC) to prohibit short-term rentals in alignment with <br />the SAMC's current practice and expectation, as well as compliance with recent court decisions; <br />and, <br />WHEREAS, there currently exists over 100 confirmed active cases of STRs that have <br />ongoing enforcement notices and violations; <br />WHEREAS, the City Council has determined that it is necessary for preserving the <br />public peace, health, safety, and welfare to expressly prohibit short-term rentals within the City <br />and to declare such uses as a public nuisance punishable under the SAMC. <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS <br />FOLLOWS: <br />SECTION 1. Recitals. The recitals above are true, correct and each incorporated herein <br />by reference and adopted as findings by the Santa Ana City Council (“City Council”) <br /> <br /> SECTION 2. Addition. Article XXI (Sections 8-3400 – 8-3402) is hereby added to <br />Chapter 8 of the SAMC to read as follows: <br /> <br />ARTICLE XXI. – SHORT-TERM RENTALS <br /> <br />Sec. 8-3400. – Definitions. <br /> <br />The definitions set forth in this Section shall govern the application and interpretation of this <br />Article: <br /> <br />(a) Home-sharing rental means the rental of a dwelling unit, or portion thereof, to a person <br />or group of persons, for compensation whether monetary or otherwise, for lodging or sleeping <br />purposes for a period of less than thirty (30) consecutive calendar days while at least one of the <br />dwelling unit’s owners lives on-site, in the dwelling unit, throughout the visitors’ stay. <br /> <br />(b) Short-term or vacation rental means the rental to a person or group of persons of a <br />dwelling unit, or portion thereof, for compensation whether monetary or otherwise, for lodging or <br />sleeping purposes for a period of less than thirty (30) consecutive calendar days without <br />concurrently being occupied by the property owner. <br /> <br />Sec. 8-3401. -Prohibited. <br /> <br />It shall be unlawful for any person or entity to: offer or make available for rent (via advertisement <br />on a short-term or vacation rental website or otherwise) or to rent (by way of a rental agreement, <br />lease, sublease, license, via a short-term or vacation rental website, or any other means, whether <br />oral or written) for compensation or consideration a home-sharing rental, short-term or vacation <br />rental for less than 30 days, pursuant to a rental agreement, lease, sublease, license, via a short- <br />term or vacation rental website, or any other means, whether oral or written, for compensation or <br />consideration, or maintain any advertisement of a home-sharing rental, short-term or vacation