Item 35 - Public Hearing - Short Term Rentals Ordinance

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Ordinance No. NS-XXX Page 4 of 7 Based on the substantial evidence set forth in the record, including but not limited to the GPU EIR and the Addendum, the City Council finds that an addendum is the appropriate document for disclosing the changes to the GPU, and that none of the conditions identified in Public Resources Code section 21166 and State CEQA Guidelines section 15162 requiring subsequent environmental review have occurred, because the Ordinance does not change or alter in any way the existing land use designations City-wide set forth in the General Plan Update 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 Ordinance. The buildout of housing had previously been analyzed within the scope of the GPU EIR, and the Ordinance would not result in additional development of housing within the City. Based on these findings, the City Council makes the following findings: a) The Ordinance does not constitute a substantial change that would require major revisions of the GPU EIR due to the involvement of new significant environmental effects. b) There is not a substantial change with respect to the circumstances under which the Ordinance will be implemented that would require major revisions of the GPU due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects. New information of substantial importance has not been presented that was not known and could not have been known with the exercise of reasonable diligence at the time the GPU was certified or adopted, showing any of the following: (i) that the modifications would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously 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 Ordinance 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 Ordinance reaffirms existing policy and practice, prohibiting short-term rentals within the City and the Ordinance would not result in a significant