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Item 35 - Public Hearing - Short Term Rentals Ordinance
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Item 35 - Public Hearing - Short Term Rentals Ordinance
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11/15/2024 9:00:14 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
35
Date
11/19/2024
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Short-Term Rentals <br />November 19, 2024 <br />Page 3 <br />4 <br />6 <br />6 <br />6 <br />the City have primarily relied on complaints and proactive notifications to major STR <br />platforms. <br />STRs are not, and have never been, a permitted use under the City’s zoning code. <br />Therefore, STRs have always been prohibited by the City and this ordinance is <br />reaffirming existing policy and practice. However, in response to recent legal <br />developments, this ordinance seeks to amend the Santa Ana Municipal Code (SAMC) <br />to repeal and reenact ordinances prohibiting short-term rentals and expressly prohibit <br />short-term rentals in alignment with the City’s current practice. <br />Resolution Setting Administrative Fines <br />As part of the recommended actions, staff is also recommending that the City Council <br />adopt a resolution setting administrative fines for violating Santa Ana’s Short-Term <br />Rental Ordinance. California Government Code Section 36900 enables local <br />jurisdictions to increase the maximum fines for violations of local short-term rental laws. <br />The proposed resolution would establish fines for violations of local short-term rental <br />laws ranging from: <br />•$1,500 for a first violation; <br />•$3,000 for a second violation within one year of the first violation; and <br />•$5,000 for each additional violation within one year of the first violation. <br />FISCAL IMPACT <br />There is no fiscal impact associated with the proposed action. <br />ENVIRONMENTAL IMPACT <br />In accordance with the California Environmental Quality Act (CEQA), an addendum to <br />the General Plan Update Environmental Impact Report (State Clearinghouse No. <br />2020029087) (GPU EIR) has been prepared for the Repeal and Reenactment of the <br />Short-Term Rental Prohibition Ordinance. Under CEQA Guidelines Section 15164, an <br />addendum to a previously certified EIR shall be prepared when a lead agency is asked <br />to approve modifications to an existing project for which an EIR has already been <br />certified. The addendum (See Exhibit 1) evaluates the proposed project within the <br />context of the GPU EIR and determined that no subsequent environmental review was <br />required. In accordance with State CEQA Guidelines, an addendum to the previously <br />certified GPU EIR will be filed upon adoption of this ordinance. <br />In the alternative, the adoption of this Ordinance is categorically exempt pursuant to <br />State CEQA Guidelines Section 15301 – Class 1, Existing Facilities. Class 1 consists of <br />the “operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of <br />existing public or private structures, facilities, mechanical equipment, or topographical <br />features, including negligible or no expansion of existing or former use.” <br />The Ordinance reaffirms existing policy and practice, prohibiting short-term rentals <br />within the City and the Ordinance would not result in a significant expansion of existing <br />uses or former uses. The operational activities associated with the Ordinance would be
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