Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 3, 2024
TOPIC: Short-Term Rentals Ordinance
AGENDA TITLE
Second Reading of Ordinance Amendment (OA) No. 2024-04 Repealing and Reenacting in its Entirety Article XXI to Chapter 8 of the Santa Ana Municipal Code (SAMC) Prohibiting Short-Term Rentals (STRs)
First reading November 19, 2024 City Council meeting and approved by a vote of 6-1 (Mayor Amezcua dissenting)
RECOMMENDED ACTION
Conduct a second reading and adopt an ordinance amending the Santa Ana Municipal Code (SAMC) to add Article XXI to Chapter 8 of the SAMC prohibiting Short-Term Rentals.
ORDINANCE NO. NS-3072 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA, CALIFORNIA, REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XXI TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE
PROHIBITING SHORT-TERM RENTALS
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
At the November 19, 2024 meeting, the City Council conducted a first reading of a standard ordinance repealing and reenacting in its entirety Article XXI to Chapter 8 of the Santa Ana Municipal Code (SAMC) prohibiting short-term rentals (STRs), and adopted enhanced fines for violations of the short-term rentals ordinance. The ordinance, approved 6:1 with Mayor Amezcua dissenting, requires a second reading.
The ordinance continues to reaffirm and clarify that short-term rentals, as defined therein, are and have not been permissible in Santa Ana. No changes to the ordinance were made by the City Council; a clean copy of the ordinance for second reading is attached to this report as Exhibit 1.
Short-Term Rentals Ordinance
December 3, 2024
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ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act (CEQA), an addendum to the General Plan Update Environmental Impact Report (State Clearinghouse No. 2020029087) (GPU EIR) has been prepared for the Repeal and Reenactment of the Short-Term Rental Prohibition Ordinance. Under CEQA Guidelines Section 15164, an addendum to a previously certified EIR shall be prepared when a lead agency is asked to approve modifications to an existing project for which an EIR has already been certified. The addendum evaluates the proposed project within the context of the GPU EIR and determined that no subsequent environmental review was required. In accordance with State CEQA Guidelines, an addendum to the previously certified GPU EIR will be filed upon adoption of this ordinance.
The adoption of this Ordinance is also categorically exempt pursuant to State CEQA Guidelines Section 15301 – Class 1, Existing Facilities. 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 expansion of existing or former use.” The Ordinance reaffirms existing policy and practice, prohibiting short-term rentals within the City, and the Ordinance would not result in a significant expansion of existing uses or former uses. The operational activities associated with the Ordinance would be typical of residential development. No development, redevelopment, or change to existing development type in the City is proposed or required to implement the Ordinance.
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 Ordinance prohibiting short-term rentals. There is no reasonable possibility that the Ordinance will have a significant effect on the environment due to unusual circumstances because it is reaffirming the existing prohibition on short-term rentals.
The Ordinance 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 Ordinance does not propose any ground-breaking activity or construction, but instead continues the existing ban on short-term rentals. The Ordinance addresses a project type that is not located on a site which is included on any list compiled pursuant to Government Code section 65962.5. The Ordinance will not cause a substantial adverse change in the significance of a historical resource. Thus, the Ordinance also falls under the Class 1 categorical exemption, and no further environmental review is required.
On November 21, 2024, a Notice of Determination and Notice of Exemption were filed for the project.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Short-Term Rentals Ordinance
December 3, 2024
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EXHIBIT(S)
1. Ordinance for Second Reading
Submitted By: Minh Thai, Executive Director of the Planning and Building Agency Approved By: Alvaro Nuñez, City Manager