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Item 27 Comments RE. Hotel -Related Zoning Amendment January 16, 2024 Page 2 of 5 For these reasons (discussed further below), Local 11 respectfully requests the City strike and remove Sections 7 through 20 and ExhibitsA and B of the updated ZOA included in the Executive Director's Memorandum dated January 11, 2024 ("Memo").3 1. THE ZOA IS A PROJECT SUBJECT To CEQA The Staff Report claims the hotel -related zoning amendments are exempt from CEQA because (1) they will not result in a direct or reasonably foreseeable indirect physical change in the environment and (2) they are not a "project" as defined under CEQA. (Staff Report, pp. 8-9.) However, under CEQA, a "project" is defined as the whole of an action that may include an amendment ofzoning ordinances and or issuance of permits, licenses, or other entitlements. (See CEQA Guidelines § 15378(a).) This includes general plans, ordinances, or regulations governing future activities by private parties. (Id.) Here, the ZOA would allow numerous types of hotels —by right —that would otherwise be prohibited or require discretionary entitlements. For example, ZOA §§ 10 and 11 would remove all prohibitions against new long-term stay business hotels or transient/residential hotels. (See Memo, p. 9.) Additionally, ZOA §§ 12, 14 through 20 and Exhibits A and B would allow by right full -service hotels that would currently be prohibited or need a Zone Change or Conditional Use Permit ("CUP") in numerous zoning districts (e.g., Professional, C1, C1-MD, C5, CR, C-SM, MEMU Office District, SD-8 Zone III). (Id., at pp. 9-15 and Exh. A & B.) Thus, it is reasonably foreseeable that the amendments will lead to the future development of these types of hotel projects by private parties (which will physically change the environment) and, therefore, this agenda item is a project subject to CEQA, which requires some level of environmental review (such as a Mitigated Negative Declaration ("MNW) or an Environmental Impact Report ("EIR")). 2. THE ZOA MAKES HOTEL DEVELOPMENT EASIER THAN MULTI -FAMILY HOUSING DEVELOPMENT Local 11 questions why - during a housing crisis - the City is considering changing its zoning laws to make it easier to build hotels than it would be to build multi -family housing in many parts of the City. The ZOA acknowledges that hotels are quasi -residential use. (See Memo, p. 7 [proposed new SAMC § 41-199.5. j].) However, the ZOA would favor hotels over residential development like high -density, multi -family housing. For example, the proposed ZOA would allow developers to build full -service hotels —by right without any future discretionary approvals from the City or subject to environmental review —in many parts of the City (i.e., P, C1, C1-MD, C-SM, C-5, MEMU Office District, and SD-8 Zone III districts). (See Staff Report, p. 7 [Table 2]; see also Figure 1 on the following page [highlights added].) However, these areas prohibit multi -family projects without a zone change, CUP, or other type of discretionary approval from the City and such projects are subject to environmental review. The City should not prioritize/incentivize hotel development over multi -family housing. 3 Memo (1/11/24), https://pgwest.blob.core.windows.net/santa-ana/Items/52803/Attachments/21419/Me mo'Yo2 0-(Yo2 O(Yo2 32 7(Yo2 OU p date(YO2 0to(Yo2 0 Exhibit(YO2 0 3.pdf?sv=2 017-04-17&sr=b&sig=Ov81 FeUvO LGTSO UhoRu2mSfAgVt9NtQtWD3rVi2 HXgc(Yo3D&st=2024-01-14T20(Yo3A23(Yo3A21Z&se-2024-03-15T20(Yo 3A23(Yo3A21Z&sp-r&rsct=application(Yo2 Fpdf&rscd=attachment(Yo3B(YO20filename(Yo3DMemo(YO2520- (Y02520Ordinance(YO2520Amendment(YO2 520Update(%,2520to(YO2520Exhibit(YO252 03.pdf.