Item 35 - Public Hearing - Short Term Rentals Ordinance

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Page 7 2. CEQA Requirements 2.1 CEQA GUIDELINES SECTION 15301 EXEMPTION This section is provided for informational purposes and provides a discussion of the Modified Project’s qualification for an exemption under CEQA Guidelines Section 15301 (Class 1, Existing Facilities). The Class 1 Exemption consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The key consideration is whether the project involves negligible or no expansion of use. Pursuant to Santa Ana Municipal Code (SAMC) Section 41-190(a), the Zoning Code (Chapter 41 of the SAMC) is a permissive ordinance, meaning that those uses expressly listed in the Zoning Code are permissible, and those not listed are prohibited. The SAMC does not and has never listed short-term rentals (STR) as a permissible use in any zoning district, making them prohibited and unauthorized under the enforcement practice afforded by Section 41-190(a). The City proposes an amendment to the Santa Ana Municipal Code (SAMC) to expressly prohibit short-term rentals within the city, to reaffirm existing law (SAMC Section 41-190[a]), and to preserve the residential character of city neighborhoods and stem the negative, secondary effects caused by those uses. Specifically, the City proposes the readoption of the Short-Term Rental Prohibition Ordinance that adds Article XXI (Section 8-3400 through 8-34002) to Chapter 8 of the SAMC to provide definitions related to short-term rentals, identify prohibited uses, and identify violations (herein “Modified Project”). The Modified Project qualifies for the Class 1 exemption as the Modified Project would not result in a significant expansion of existing uses or former uses. The Modified Project is reaffirming existing law. The operational activities associated with the Modified Project 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 Modified Project. The Modified Project has been reviewed under CEQA Guidelines Section 15300.2, Exceptions, for any characteristics or circumstances that might invalidate the project’s qualification for an exemption from CEQA. Each exception is listed below followed by a brief assessment of whether that exception applies to the Modified Project. (a) Location. Classes 3, 4, 5, 6 and 11 are qualified by consideration of where the project would be located—a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped and officially adopted pursuant to law by federal, state, or local agencies. Exhibit 3 - Environmental Analysis