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 11 iv. Mitigation measures or alternatives which are considerably different from those analyzed in the previous ND or EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. As discussed in Section 4 of this EIR Addendum, the Modified Project does not identify any mitigation measures or alternatives that are considerable different than those identified and analyzed in the GP EIR that would substantially reduce one or more of the significant impact identified in the GP EIR. This criterion does not apply to the Modified Project. CEQA Guidelines Section 15164(a) states that an addendum to a previously certified EIR may be prepared if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a Subsequent or Supplemental EIR have occurred. CEQA Guidelines Section 15164(b) states that an addendum to a previously adopted ND may be prepared if only minor technical changes or additions are necessary. The proposed Ordinance does not change or alter in any way the existing land use designations citywide set forth in the General Plan and analyzed in the GP EIR. No development, redevelopment, or change to existing development type in the city is proposed or required to implement the Modified Project. The Modified Project is consistent with the GP as analyzed in the GP EIR. As concluded in Impact 5.13.2 of the GP EIR, the GP “would provide more housing opportunities than currently exist” and the GP would not displace people and/or housing (GP EIR p. 5.13-14–5.13-15). The Modified Project would not construct new housing but would prevent the loss of existing housing stock for city residents. Congruently, the Modified Project would not displace people and/or housing, and would be consistent with GP Policy 2.3, Rental housing, and Policy 2.4, Diverse types of housing, as discussed within the GP EIR. Additionally, buildout of housing (including existing homes being utilized as STRs) had previously been analyzed within the scope of the GP EIR, and the Modified Project would not result in additional development of housing within the city. The anticipated environmental impacts of the Modified Project, as explained in this Addendum, have therefore been analyzed and mitigated in the GP EIR, and no new circumstances or significant changes since that time would result in new or more severe significant environmental impacts. As evaluated in the Addendum, mitigation measures in the GP EIR would continue to ensure that impacts are reduced to less than significant levels. As such, CEQA does not require preparation of a subsequent or supplemental EIR. Further, the Addendum includes an Environmental Review Update Checklist Form (Appendix G of the CEQA Guidelines) that has been prepared in accordance with State CEQA Guidelines section 15164(e) to explain the rationale for determining that no further environmental review is required. Per State CEQA Guidelines section 15164(c), an Addendum need not be circulated for public review but can be included in or attached to the certified EIR. Exhibit 3 - Environmental Analysis