75A - PH - EXTEND SHORT TERM RENTAL MORATORIUM

Home Browse Search

Residents living near unregulated short -term residential rentals are impacted by such uses' loud, unnecessary and unusual noises, which affect the quality of life for surrounding residents, excessive on- street parking impacts affecting the ability of residents to park their vehicles within a reasonable distance from their homes, over- occupancy of units which may pose a health and safety risk, trash and nuisance conditions, as well as traffic in and around these uses. F. Prevention of detrimental impacts to residents, the public interest, health, safety and welfare requires the immediate enactment of this ordinance. The absence of this ordinance will create a serious threat to the orderly and effective implementation of any code amendments, general plan amendments or specific plan amendments which may be adopted by the City; short -term residential rental uses may be in conflict with or frustrate the contemplated updates and revisions to the Code. Moreover, permitting such uses during said studies and implementation would create impacts on the public health, safety and welfare that the city council, in adopting this ordinance, has found to be unacceptable. G. On September 15, 2015, the City Council adopted Urgency Ordinance No, NS -2886 establishing a forty -five (45) day moratorium on the establishment or expansion of short-term residential rentals in the City of Santa Ana, H. City staff continues to conduct research into the City's options for regulating short- term residential rentals. This research includes a review of many City ordinances in California that either prohibit or regulate these uses. I. The city council finds, determines and declares that the current and immediate threat to the public health, safety and welfare of the city and its citizens necessitates the immediate enactment of the ordinance. The facts constituting such urgency are set forth in paragraphs A -H of this ordinance. Section 2. No short -term residential rental of 28 days or less, is permitted in a residential zone as defined in Article I of Chapter 41 of the Code. Section 3, Any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health and safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by the affirmative votes of at least two- thirds (2/3) vote of the City Council members pursuant to Section 415 of the City Charter and shall be immediately effective pursuant to Section 417 of the City Charter. Further, California Government Code Section 65858 authorizes the City Council to adopt an interim urgency ordinance, without following the procedures otherwise required for the adoption of an ordinance, to protect the public safety, health, and welfare, prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission or the planning division is considering or studying or intends to study within a reasonable time. Ordinance No. NS - Page 2 of 4 75A -4