I received a Cease and Desist for operating a short term rental from the city of Santa Ana

Answered!
Jordan819
Level 1
Costa Mesa, CA

I received a Cease and Desist for operating a short term rental from the city of Santa Ana

Why me? I went live on airbnb in a city with no outright ban on short term rentals. In fact, short term rentals arent even mentioned in the citys code. They are claiming that because it isnt explicitly a permitted use of the house (no HOA) that it makes it unpermitted/illegal. For what it is worth, 1000's of airbnbs have been operating longer than me (3 months) in the same city. 

 

I bought this house specifically to airbnb. I have no idea what enforcement rights they may or may not have against me. 

 

If you are looking to provide context, I am only interested in the context of what other hosts may have experienced specifically in Santa Ana. 

Top Answer
Ana2038
Level 10
Santa Ana, CA

@Jordan819 , the City of Santa Ana changed their municipal code to a permissive code. If it’s not stated as a permitted use then it’s prohibited. Quite a few cities in California have such a code on their books, however, many STRs still operate. The city has been trying since last year to shut down STRs. Last year in September, we went to the planning commission department meeting (around 60+ homeowners/investors) and voiced our opposition. The planning commission backed down and sat down with a group of us to discuss working together to put a program with rules and regulations in place. The executive director of the planning commission was present at the meeting and stated they would hold off on doing anything until after the new year. Well, about 3 weeks ago some of us in the group received letters from code enforcement.  


The head of our group received an email from the executive director stating that the planning commission felt the cons far outweighed the pros in allowing STRs to operate in the city and therefore would be moving forward on prohibiting STRs in the city. A lot has changed (new mayor, council members and ward representatives). There are a number of us that are discussing our next move and how to approach the city council members etc… 

 

You may want to consider getting involved in our group efforts to fight the planning commission decision and appeal to the city council. You should also be aware of the pending SB584 bill being proposed in Sacramento that would impose a 15% tax on STR in the State of California. Here is the email of the point person of our group (**). Sheri also received a letter as well as others in our group.  

**[E-mail address removed due to safety reasons - Community Center Guidelines]

 

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31 Replies 31

@Diego1890 Yes, certainly, we have been fighting since the Ordinance was passed... Learn the latest  updates: 
On THURSDAY, Oct. 24th at 5:30pm, SASTRA is hosting a ZOOM MEETING to share our recent successes, how the STR Ordinance if effecting hosts, recent discussions with Santa Ana Council members, lawsuit updates and strategic plans to implement STR regulation.
  • REQUEST ACCESS to the Zoom Meeting (click the button on website Home page. LINK BELOW).
  • Plus, take a look at our New Website!
Diana2631
Level 2
Dana Point, CA

Jordan and fellow hosts, you can learn the latest updates on THURSDAY, Oct. 24th at 5:30pm, SASTRA is hosting a ZOOM MEETING to share our recent successes, how the STR Ordinance if effecting hosts, recent discussions with Santa Ana Council members, lawsuit updates and strategic plans to implement STR regulation.

 

REQUEST ACCESS to the Zoom Meeting (click the button on website Home page. LINK BELOW).