NS-2961 - Emergency Ordinance of City Making Findings and Exending Moratorium on Approval, Commencement, Establishment, Operation, Relocation, or Expansion of Cyber Cafes and Internet Access Businesses Within City...

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and internet access businesses. The City of Santa Ana and neighboring cities have experienced criminal activity associated with cyber cafes and internet access businesses, such as loitering, illegal drug activity, assaults, fights, theft, robbery, public intoxication, vandalism, property damage, and other criminal activity such as gang and prostitution related activity. (2) After receiving complaints of this nature, the City has committed resources to study the impacts of cyber cafes and internet access businesses on the surrounding community. (3) Absent the adoption of this extension of Urgency Ordinance No. NS -2956, the continued existence of cyber cafes and internet access businesses in the City of Santa Ana could result in an even greater increase in nuisance conditions which negatively affect the health and safety of the community. (4) As a result, it is necessary to extend the moratorium established pursuant to Urgency Ordinance No. NS -2956 for ten months and fifteen days, on the issuance of any entitlements permitting of cyber cafes and internet access businesses in the City, pending completion of the City's study of the potential impacts of cyber cafes and internet access businesses, and possible amendments to the City's zoning ordinances. (5) In addition, it is necessary to prohibit, as a public nuisance, the use of property in any zone of the City for purposes of cyber cafes and internet access businesses for the duration of the ten month and fifteen -day extension. Section 3. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion of the contemplated study of impacts. Section 4. Severability. If any sentence, clause, or phrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each sentence, clause, or phrase thereof, irrespective of the fact that any one or more sentence, clause, or phrase be declared unconstitutional. Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption if adopted by at a least four-fifths (4/5) vote of the City Council and shall be in effect for period of ten months and fifteen days, extending through and including October 15, 2019, unless extended by the City Council as provided for in the Government Code. Ordinance No. NS - 2961 Page 5 of 7