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Response to Late Comments Item No.15
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Response to Late Comments Item No.15
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12/4/2024 1:04:25 PM
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12/3/2024 5:11:58 PM
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City Clerk
Item #
15
Date
12/3/2024
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<br />113.Third, the City disregarded clear case law from the Court of Appeal to determine <br /> <br />2 <br /> <br />3 <br /> <br />4 14. In one fell swoop, on April 16, 2024, the City destroyed livelihoods and threatened <br /> <br />5 housing security, closed the door to Santa Ana for countless would-be visitors, and <br /> <br />6 disproportionately affected the individuals and families most in need of flexible housing options <br /> <br />7 and who are often shut out of the long-term residential housing market. <br /> <br />8 15. The City here are not just bad government and bad policy, they are <br /> <br />9 contrary to law, and for the reasons set forth below, the STR Ban must be rescinded. <br /> <br />10 PARTIES <br /> <br />11 16. Petitioner Santa Ana Short-Term Rental Alliance (the Rental Alliance) is an <br /> <br />12 unincorporated association whose members include individuals and entities who owned and/or <br /> <br />13 operated STRs in Santa Ana prior to the adoption of the Emergency Ordinance and Ordinance No. <br /> <br />14 NS-3061 and who are concerned with the environmental impacts of the STR Ban at issue in this <br /> <br />15 petition upon their properties and the surrounding community. <br /> <br />16 17. The City of Santa Ana is a charter city formed under the laws of the State of <br /> <br />17 California. <br /> <br />18 JURISDICTION AND VENUE <br /> <br />19 18. This Court has jurisdiction over this action pursuant to California Constitution Art. <br /> <br />20 6, section 10; sections 1085, 1060 and 187 of the California Code of Civil Procedure; and sections <br /> <br />21 21167, 21167.5, and 21168.5 of the California Public Resources Code. <br /> <br />22 19. Venue is proper in Orange County Superior Court. Ordinance No. NS-3061 <br /> <br />23 regulates land use regarding STRs within the City of Santa Ana. Section 392 of the Code of Civil <br /> <br />24 Procedure makes venue in this Court proper because the case involves interests in, and injuries to, <br /> <br />25 real property that is in Orange County. The City of Santa Ana is located in Orange County. An <br /> <br />26 action or proceeding against a city may be tried in the county in which the city is situated. Cal. <br /> <br />27 Code Civ. Proc. § 394(a). <br /> <br />28 <br /> <br /> <br /> <br /> VERIFIED PETITION FOR WRIT OF MANDATE <br />AND COMPLAINT <br />6 <br /> <br /> <br />
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