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Santa Ana City Council <br />November 18, 2024 <br />Page 11 <br /> <br />supply to support new development). (Id. at A-47). Further, and as discussed in the Milken Institute <br />-long housing shortage is primarily caused by failure to build enough <br />housing due to rising construction costs, lengthy permitting times, and community opposition, <br />which disincentivize construction of affordable housing. (Dubetz, p. 4.) As Professor Betsy <br />Stevenson, the former Chief Economist at the U.S. Department of Labor and member of President <br />rs, has written, banning STRs in fact undermines efforts to <br />Ba <br />Crisis, B LOOMBERG N EWS (July 8, 2024), https://www.bloomberg.com/opinion/articles/2024-07- <br />08/banning-airbnb-will-not-make-housing-more-affordable <br />residents to rent out their homes can help them recoup some of their investment and make city <br />Ibid.) <br /> <br />decision-making. Because the City lacks any justification for adopting the Amended Ordinance, <br />such an action would be arbitrary and capricious. (Strumsky v. San Diego County Employees <br />Retirement Assn., 11 Cal.3d 28, 34 (1974); Avenida San Juan Partnership v. City of San Clemente, <br />201 Cal.App.4th 1256, 1268 (2011).) <br /> <br />5. The adoption of the Amended Ordinance would illegally impede on right to privacy. <br /> <br />Constitution <br />(Hill v. NCAA <br />stay in their homes. (Coalition Advocating Legal Housing Options v. City of Santa Monica, 88 <br /> <br /> <br />These constitutional privacy protections right to host STRs and <br />invite guests into their home. In Coalition Advocating Legal Housing Options, supra, 88 <br />Cal.App.4th at 454, 459, the Court of Appeal invalidated a local ordinance that limited occupants <br />right to decide who may live in ths <br />invite guests into their homes while they <br />would infringe on hosts constitutional right to privacy, which includes the right to choose who <br />can stay in homes. <br /> <br />The City fails to provide any substantial justification to pass the heightened scrutiny applied to <br />laws or regulations that infringe on the right to privacy and cannot do so because STRs have no <br />demonstrable negative impact on the City compared to other residential uses, including long-term <br />rentals. <br /> <br /> <br /> <br /> <br /> <br />11 <br /> <br /> <br />