City of Santa Ana Short-Rental Prohibition Ordinance Project (OA No. 2024-04)

City of Santa Ana Short-Rental Prohibition Ordinance Project (OA No. 2024-04)

On April 20, 2022, the City of Santa Ana ("City:) certified a Final Program Environmental Impact Report ("GPU Final PEIR") for the Santa Ana General Plan Update (SCH No. 2020029087) ("General Plan EIR') and approved the General Plan Update. The General Plan EIR analyzed the comprehensive update of the Santa Ana General Plan, The General Plan Update addressed the entire territory within the plan area's boundary 11.nd the full spectrum of Issues associated with management of the plan area. The General Plan Update also Included of long-term conditions and outlined development goats and policies, exhibits and diagrams, and the objectives, principle, standards, and plan proposals throughout Its various elements. Specifically, the General Plan Update identified policies related to promoting compatible land uses, preserving neighborhood character, promoting healthy neighborhoods, and promoting the enforcement of standards. Subsequent to the clarification of the GPU Final PEIR, the City as lead agency prepared an Addendum with regard lo a proposal to readopt an amendment lo add Article XXI (Sections B-3400 to 8-3402) to the Santa Ana Municipal Coda ("$AMC") to expressly prohibit short-term rentals within the City ("Modified Project"). This would nullify and replace the terms of the urgency ordinance No. NS-3060 and standard ordinance No. NS-3061, adopted on April 2, 2024 and April 16, 2024, Section 41-190(a) of the Santa Ana Municipal Code (SAMC) is a permissive ordinance, meaning that those uses expressly listed In the Zoning Code are permissible, and those not fisted are prohibited. The SAMC does not and has never listed $hort-term rentals (STRa) as a permissible use In any zoning district. As such STRs are prohibited and unauthorized under the enforcement patrol afforded by Section 41-1 OO(a). The modified Project would add Article XXI (Short-Term-Rentals) (Seclions 8-3400--S-3402) to Chapter 8, Building and Standards, of the SAMC. Specifically, Artlcle XXI would Include Sections 8-3400 through 8-3402 lo provide definitions, identify prohibited uses, and identify Violations of the Article. A description of each new section of Article XXI Is provided ln Attachment A of the EIR Addendum. concurrently, the City Council Is proposing lo adopt a resolution lo set administrative fines for violations of local building codes and short-term rental laws, pursuant lo Government Code Section 36900 and Santa Ana Municipal Code Sections 1·21 through 1-21.9. The Addendum evaluates the Modified Project. The Addendum determined that the Modified Project would not result in substantial changes to the previously certified General Plan EIR because It would not involve new significant Impacts, nor would ii substantially Increase the severity of an Impact identified In the certified General Plan EIR. The Addendum further determined that no new mitigation Is required beyond those measures In the previously adopted MMRP. On November 20, 2024, the City Council of the City of Santa Ana approved the Modified Project, adopted a resolution setting administrative fines for violating provisions of the SAMC, and introduced for first reading OA No. 2024-04, and made the following determinations: 1. The Modified Project will not have a signlRcant effect on the environment. 2. An Addendum to a previously certified Environmental Impact Report was prepared and adopted for the Modified Project pursuant to the provisions of CEQA and reflects the Independent judgment of the Lead Agency. 3. Mitigation measures were made a condition of approval of the original project In in previous EIR. 4. A statement of overruling Considerations was adopted for the original project In the previous EIR. 5. Findings were made pursuant to Public Resources Code section 21166 and State CEQA Guidelines sect1on 15162

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