Item 35 - Public Hearing - Short Term Rentals Ordinance

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Resolution No. 2024-XXX Page 3 of 5 examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures 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 considerably 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 Center 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 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.” 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 Exemption 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.