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CITY OF SANTA ANA SHORT-TERM RENTAL PROHIBITION ORDINANCE <br />CITY OF SANTA ANA <br />2. CEQA Requirements <br />Page 8 PlaceWorks <br />This exception applies to the Class 3, 4, 5, 6, and 11 exemptions. The project fits the Class 1 exemption, which <br />is not location-dependent. Further the use can only occur within a dwelling that is already constructed, which <br />means the requisite CEQA analysis has been completed and the project approved. Therefore, the location <br />exception does not apply to the Class 1 exemption and further analysis is not required. <br />(b) Cumulative Impacts. All exemptions for these classes are inapplicable when the cumulative <br />impact of successive projects of the same type in the same place, over time is significant. <br />No development, redevelopment, or change in existing development type is proposed or required within the <br />City to implement the Modified Project. Therefore, the Modified Project would not combine with similar <br />projects to create a cumulative impact during construction or operation. This exception does not apply to the <br />Modified Project. <br />(c) Significant Effects. A categorical exemption shall not be used for an activity where there is <br />a reasonable possibility that the activity will have a significant effect on the environment due to <br />unusual circumstances. <br />The determination whether this exception applies involves two distinct questions: (1) whether the project <br />presents unusual circumstances, and (2) whether there is a reasonable possibility that a significant environmental <br />impact will result from the unusual circumstances. The lead agency considers the second prong of this test only <br />if it finds that some circumstance of the project is unusual. Berkeley Hillside Preservation v City of Berkeley (2015) <br />60 C4th 1086, 1104. <br />Because the Modified Project is not dependent upon location, it presents no unusual circumstances or special <br />environmental constraints that might lead to a significant impact. Additionally, there are no unusual <br />circumstances because this Modified Project is implementing ongoing City practice and there are no new <br />changes, physical or otherwise, that would occur as a result of the Modified Project. The city is urbanized. No <br />construction, redevelopment, or change in existing development type is required to implement the Modified <br />Project. Additionally, activities associated with the operation of the long-term rental uses under the Modified <br />Project would not differ from the activities that occur under owner-occupied dwelling units within the city and <br />would be consistent with the GP. Since no unusual circumstances would arise because of the Modified Project, <br />there is no potential for a significant environmental impact to occur. This exception does not apply to the <br />Modified Project. <br />(d) Scenic Highways. A categorical exemption shall not be used for a project which may <br />result in damage in scenic resources, including but not limited to, trees, historic buildings, rock <br />outcroppings or similar resources, within a highway officially designated as a state scenic <br />highway. <br />There are no State designed scenic highways within the City. Additionally, no development, redevelopment, or <br />change in existing development type is required to implement the Modified Project. Therefore, this exception <br />does not apply to the Modified Project. <br />Exhibit 3 - Environmental Analysis