Resolution No. 2024-XXX
RESOLUTION NO. 2024-XXX
A RESOLUTON OF THE CITY C OUNCIL OF THE
CITY OF SANTA ANA SETTING ADMINSTRATIVE
FINES FOR VIOLATING PROVISIONS OF THE
SANTA ANA MUNICIPAL CODE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:
A. California Government Code Section 53069.4 authorizes the City to make violations of the Santa Ana Municipal Code (SAMC) subject to an administrative fine and penalty.
B. On September 21, 2021, Governor Newsom signed into law State Senate Bill 60 which amended California Government Code Section 36900 to increase the maximum fines for violations of local building codes and short-term rental laws.
C. SAMC Sections 1 -21 thro ugh 1 -21.9 set forth the administrative citation process, which provides for notice of the violation and the opportunity to contest the citation.
If the citation is continuing and pertains to building, plumbing, electrical, or other similar structural or zoning issues, and does not create an immediate danger to health and safety, the responsible person is provided sufficient time to correct the violation before a fine is imposed.
D. SAMC Section 1 -21.3(a) authorizes the City Council to establish by resolutio n the amounts of fines associated with administrative citations.
E. The City Council held a duly -noticed public hearing on November 19, 2024 to consider this Resolution and the first reading of the accompanying Ordinance.
Section 2. The City Council hereby establishes the following fine amounts for administrative citations for violations of the SAMC:
The amounts of administrative fines shall be assessed as listed below:
A. Pursuant to California Government Code Section 36900(d) (1)&(2), and notwithstanding any other law, a violation of Article XXI of the SAMC related to short-term rentals determined to be an infraction that poses a threat to public health or safety is punishable by the following:
1. A fine not exceeding one thousand, five hundred dollars ($1,500) for a first violation.
Resolution No. 2024-XXX
2. A fine not exceeding three thousand dollars ($3,000) for a second violation of the same ordinance within one (1) year of the first violation.
3. A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within one (1) year of the first violation.
B. Pursuant to California Government Code Section 36900(e), the citation recipient of a fine may request a hardship waiver pursuant to the process established by the Director of the City’s Planning and Building Agency.
Section 3. State CEQA Guidelines section 15164 requires lead agencies to prepare an addendum to a previously certified EIR if some changes or additions to the project are necessary, but none of the conditions requiring preparation of a subsequent or supplemental EIR are present. The City Council has reviewed and considered the General Plan Update EIR (State Clearinghouse No. 2020029087) (“GPU EIR”), the Addendum to the GPU EIR, and finds that these documents taken together contain a c omplete and accurate reporting of all the potential environmental impacts associated with this Resolution. The City Council finds that the Addendum has been completed in compliance with CEQA and the State CEQA Guidelines. The City Council further finds a nd determines that the Addendum reflects the City’s independent judgment.
Based on the substantial evidence set forth in the record, including but not limited to the GPU EIR and the Addendum, the City Council finds that an addendum is the appropriate document for disclosing the changes to the GPU, and that none of the conditions identified in Public Resources Code section 21166 and State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred, because the Resolution does not change or alter in any way the existing land use designations City -wide set forth in the General Plan Update and analyzed in the GP EIR. No development, redevelopment, or change to existing development type in the City is proposed or required to implement the Resolution. The buildout of housing had previously been analyzed within the scope of the GPU EIR, and the Resolution would not result in additional development of housing within the City. Based on these findings, the City Council makes the following findings:
a) The Resolution does not constitute a substantial change that would require major revisions of the GPU EIR due to the involvement of new significant environmental effects.
b) There is not a substantial change with respect to the circumstances under which the Resolution will be implemented that would require major revisions of the GPU due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects. c) New information of substantial importance has not been presented that was not known and could not have been known with the exercise of reasonable diligence at the time the GPU was certified or adopted, showing any of the following: (i) that the modifications would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously
Resolution No. 2024-XXX
examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation mea sures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the applicant declined to adopt such measures; or (iv) that mitigation measures or alternatives consider ably different from those analyzed previously would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt.
The City Council approves and adopts the Addendum, attached hereto as Exhibit A.
The GPU EIR, the Addendum, and any other documents and materials that constitute the record of proceedings upon which these findings have been based are on file and available for public review at the Planning Division public counter located at 20 Civic Cente r Plaza, Santa Ana, CA 92701. The custodian of these records is the City Clerk of the City of Santa Ana.
In the alternative, the adoption of this Resolution is categorically exempt pursuant to State CEQA Guidelines section 153 01 – Class 1, Existing Faci lities. Class 1 consists of the “operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, including negligible or no expansio n of existing or former use.” Here, the Resolution is adopted in conjunction with existing policy and practice , prohibiting short -term rentals within the City and the Resolution would not result in a significant expansion of existing uses or former uses. The operational activities associated with the Resolution would be typical of enforcement of municipal ordinances. No development, redevelopment, or change to existing development type in the City is proposed or required to implement the Resolution. Further, none of the exceptions to the exemptions set forth under State CEQA Guidelines section 15300.2 apply. There will be no significant cumulative impact of successive projects of the same type in the same place, over time, as this is the only Resolution establishing the fines for short-term rentals. There is no reasonable possibility that the Resolution will have a significant effect on the environment due to unusual circumstances because it is reaffirming the existing prohibition on short -term rentals.
The Resolution will not result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway, because the Resolution does not propose any ground-breaking activity or construction, but instead continues the existing ban on short -term rentals. The Resolution is not located on a site which is included on any list compiled pursuant to Government Code section 65962.5. The Resolution will not cause a substantial adverse change in the significance of a historical resource. Thus, the Resolution falls under the Class 1 categorical exemption, and no further environmental review is required.
A Notice of Determination and Notice of Exe mption will be filed and posted with State Clearinghouse and the County Clerk within five working days of the adoption of this Resolution.
Section 4. This Resolution shall take effect on the effective date of Ordinance No.
NS-XXX, and the City Clerk shall attest to and certify the vote adopting this Resolution.
Resolution No. 2024-XXX
ADOPTED this ____day of November, 2024
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:_________________________
Brandon Salvatierra
Deputy City Attorney
AYES: Councilmembers ________________________________________
NOES: Councilmembers _______________________________________
ABSTAIN: Councilmembers _______________________________________
NOT PRESENT: Councilmembers _______________________________________
Resolution No. 2024-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2024- ______ to be the original resolution adopted by the City Council of the City of Santa Ana on November ___, 2024.
Date: ________________ ____________________________________ City Clerk
City of Santa Ana