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Community Development Department June 16, 2020 Ms. Daisy Gomez Clerk of the Council 20 Civic Center Plaza Santa Ana, CA 92702 SUBJECT: Santa Ana Permanent 200/250 Bed Homeless Shelter Site Carnegie Avenue Dear Ms. Gomez: Thank you for this opportunity to provide comments on the above referenced matter. Please be advised that we were not afforded the opportunity to review and comment on the proposed project. We request that the item be continued to allow the City of Tustin sufficient opportunity to review and provide input to the City of Santa Ana staff. Notwithstanding, the City of Tustin was not afforded the opportunity to review and comment on this proposal, we do provide the following comments: on an exemption must be supported by substantial evidence. (Robinson v. City & County of San Francisco th (2012) 208 Cal.App.4 950, 963; Save Our Carmel River v. Monterey Peninsula Water Management Dist. th (2006) 141 Cal.App.4 677, 693-694.) Here, the staff report does not cite any evidence, substantial or proposed CEQA exemptions. Without doing so, neither the City of Tustin nor the public can evaluate the proposed CEQA exemptions. Based on what little information is provided in the staff report, the City of Tustin has the following concerns regarding San proposed project. to the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures involving negligible or no expansion of the existing or former use. (CEQA Guidelines § 15301.) Here, the staff report concedes that the building is currently vacant. Thus, the proposed project cannot be characterized as a negligible expansion of the existing use. Further, the staff report states, without further explanation, that the prior use was industrial. In other words, the proposed project calls for a change in use. It is unclear how the proposed project could be considered a negligible or no expansion of the former industrial use. It should be further noted that while the Class 1 exemption could apply to certain building additions up to 10,000-square-feet, the staff report appears to describe a 16,000-square-foot second-floor addition. (CEQA Guidelines § 15301(e)(2).) If this is the case, such an addition would not qualify for a Class 1 exemption. The Class 3 exemption structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the the construction or conversion, in urbanized areas, 300 Centennial Way Tustin, California 92780 www.tustinca.org -573-3012