Item 35 - Public Hearing - Short Term Rentals Ordinance

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CITY OF SANTA ANA SHORT-TERM RENTAL PROHIBITION ORDINANCE CITY OF SANTA ANA 2. CEQA Requirements Page 9 (e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Government Code Section 65962.5. As identified in Section 5.8, Hazards and Hazardous Materials, of the GP EIR, 425 hazardous materials sites were identified in the city but only 63 of the sites are open, meaning that assessment, remediation, and/or verification of remediation is required. Any development or redevelopment on or next to any of the 63 sites would require environmental site assessment by a qualified environmental professional (GP EIR p. 5.8-27). The Modified Project encompasses the city; no development, redevelopment, or change in existing development type is required to implement the Modified Project. The Modified Project would add Article XXI to Chapter 8 of the SAMC that would clarify the uses permitted and prohibited to reaffirm existing law identified in Section 41-190(a) of the SAMC. The Modified Project would apply to existing residential units and would not relocate uses nor locate new uses on a site identified on any list compiled pursuant to Government Code Section 65962.5. This exception does not apply to the Modified Project. (f) Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of historical resources. Under Public Resource Code Section 21084.1, a historical resource is a resource listed in or determined to be eligible for listing in the California Register of Historical Resources. Additionally, historical resources included in a local register of historical resources are presumed to be historically or culturally significant, and a lead agency can determine whether the resource may be an historical resource. The Modified Project encompasses the city; no development, redevelopment, or change in existing development type is required to implement the Modified Project. The Modified Project would add Article XXI to Chapter 8 of the SAMC that would clarify the uses permitted and prohibited to reaffirm existing law in Section 41-190(a) of the SAMC. The Modified Project is not anticipated to result is a substantial adverse change in the significance of historical resources. This exception does not apply to the Modified Project. 2.1.1 Basis for CEQA Addendum In addition to the Class 1 exemption, the City has also prepared this Addendum to the GP EIR. The California Environmental Quality Act (CEQA) Guidelines Sections 15162 through 15164 set forth criteria for determining the required additional environmental documentation when a previously adopted Negative Declaration (ND) or a previously certified Environmental Impact Report (EIR) has been prepared for a project for which a subsequent discretionary action is necessary. CEQA Guidelines Section 15162(a) and 15163 state that when an ND has been adopted or an EIR certified for a project, no Subsequent or Supplemental EIR or Subsequent ND shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole public record, one or more of the following: Exhibit 3 - Environmental Analysis