HomeMy WebLinkAbout75B - PH - CYBER CAFESREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 1, 2019
TITLE:
PUBLIC HEARING — ZONING ORDINANCE
AMENDMENT NO. 2019-04 AMENDING
SECTIONS 41-45, 41-198.200, 41-365, 41-
377, AND 41-424 OF CHAPTER 41
(ZONING) OF THE SANTA ANA MUNICIPAL
CODE PROHIBITING CYBER CAFES AS A
PERMITTED USE CITY-WIDE
{STRATEGIC PLAN NO. 5,41
/s/ Kristine Ridge!
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 111 Reading
❑ Ordinance on 2i1 Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Approve Zoning Ordinance Amendment No. 2019-04 prohibiting cyber cafes as a permitted use
city-wide.
PLANNING COMMISSION ACTION
At its regular meeting on September 9, 2019, and after conducting a public hearing on the item,
the Planning Commission recommended that the City Council approve Zoning Ordinance
Amendment (ZOA) No. 2019-04 by a vote of 4:0 (Nguyen Absent).
DISCUSSION
On October 16, 2018, the City Council adopted Urgency Ordinance No. NS-2956 establishing a
45-day moratorium on the approval, commencement, establishment, operation, relocation or
expansion of cyber cafes within the City. On November 20, 2018, the City Council extended the
moratorium (Ordinance No. NS-2961) for an additional ten months and 15 days to allow staff
time to analyze cyber cafes and provide an enforcement plan and recommendations on whether
to adopt a regulatory ordinance permitting such establishments, institute operational guidelines,
or adopt an outright ban on cyber cafes.
Since the adoption of the moratorium, there have been additional incidents at and/or near cyber
cafes. One incident involved an altercation and the shooting of a female victim in the parking lot
of a business providing internet access and illegal gaming. Another incident involved the arrest of
documented gang members by Santa Ana Police Department (SAPD) for firearm violations and
gang enhancements at a cyber cafe.
75B-1
Zoning Ordinance Amendment No. 2019-04
October 1, 2019
Page 2
The cyber cafe moratorium has provided staff the ability to consider all aspects of a cyber cafe
business. Staff from the Planning Division, Code Enforcement Division and Police Department
have analyzed the City's current regulations and reviewed regulations from other cities that have
similar cyber cafe uses. In order to protect and preserve the public health, safety and welfare of
the City and its residents, staff has determined that an outright prohibition of cyber cafes citywide
is the best option to address the myriad of incidents associated to such businesses. The
proposed ordinance amendment will prohibit the establishment of new cyber cafes in the City
and will prohibit the relocation or expansion of any legally operating cyber cafe. Further, all
existing cyber cafes that were legally established prior to the date of the urgency moratorium will
be allowed to continue to operate and will be subject to the City's non -conforming ordinance.
However, to maintain their legal non -conforming status, all approved businesses must remain
compliant with the Santa Ana Municipal Code (SAMC) and State laws. Any violation of the
SAMC or State laws will result in the loss of the non -conforming status.
The proposed ordinance will not affect those businesses where computer access is incidental to
the permitted use, such as reproduction businesses (i.e. FedEx Office and Staples). In addition,
this ordinance will not affect cyber learning centers in any manner. As defined in Section 41-46 of
the Santa Ana Municipal Code, cyber learning centers are establishments that provide computer
access to the general public without monetary charge and which are operated by a government
entity, a school district, or by a non-profit organization.
STAFF RECOMMENDATION
Based on the analysis provided within this report, staff recommends that the City Council
approve Zoning Ordinance Amendment No. 2019-04.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action. In accordance with the California
Environmental Quality Act (CEQA), the subject action is exempt from further review pursuant to
Section 15061(b) (3) of the CEQA Guidelines.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 — Community Health, Livability,
Engagement and Sustainability; Objective #4 (Support neighborhood vitality and livability).
75B-2
Zoning Ordinance Amendment No. 2019-04
October 1, 2019
Page 3
FISCAL IMPACT
There is no fiscal impact associated with this action.
Minh Thai
Executive Director
Planning and Building Agency
Exhibits: 1. Ordinance approving ZOA No. 2019-04
2. Planning Commission Staff Report
3. Urgency Ordinance No. NS-2961
4. Licensed Cyber Caf6s & Enforcement Status
75B-3
*:1:111111i1
LS 10.1.19
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING SECTIONS 41-45, 41-
198.200, 41-365, 41-377 AND 41-424 OF CHAPTER 41
(ZONING) OF THE SANTA ANA MUNICIPAL CODE
PROHIBITING CYBER CAFES AS A PERMITTED USE
CITY-WIDE
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The City of Santa Ana has witnessed a proliferation of cyber cafe
businesses that has resulted in an increased number of public nuisance
complaints emanating from such establishments in recent years, involving
the following:
(1) A documented increase in crime including serious and violent
crimes such as loitering, illegal gambling, illegal drug use and sale,
burglaries, assaults, fights, theft, robbery, public intoxication,
vandalism, property damage, weapons offenses, and other criminal
activities in and around cyber cafe establishments, as well as
increased pedestrian traffic, noise, parking violations, and other
nuisance activities which have resulted in a documented increase
and demand for police responses.
(2) The City has experienced serious adverse impacts due to the
unique manner in which cyber cafe businesses operate the
"sweepstakes" games. Customers occupy a computer for hours
which results in waiting lines and people congregating or loitering
outside the establishment. The long game times and often late
night hours have also increased demand for police response
regarding noise complaints, criminal activity including fights, drug
sales, and adverse gang activity affecting surrounding residential
neighborhoods and commercial centers.
(3) Crime statistics and calls for service in the City have increased in
areas where cyber cafes have been established. The Santa Ana
Police Department (SAPD) identified 460 cyber cafe related
incidents occurring between January 2018 and September 2018
throughout the City. These incidents include criminal arrests such
as possession of firearms, narcotics and stolen vehicles and
parole/probation violations. Since January of this year, SAPID has
responded to a noticeable increase of calls for service and officer
generated activities.
75B_w Ordinance No. NS-XXXX
'F Page 1 of 7
(4) SAPID has spent a significant amount of resources and time
conducting surveillance operations around cyber cafes. It was also
found that this type of business primarily attracts clientele involved
in criminal activity. Enforcement checks on cyber cafes and of
customers entering or leaving such locations often result in drug
related arrests, evidence of drug trafficking, illegal gambling and
gaming and an influx of individuals on probation, parole, or wanted
subjects. There has also been prostitution related activity occurring
in nearby parking lots and surrounding areas.
(5) Prior to enacting the moratorium, the City had approved eleven (11)
Cyber Cafe businesses. A review of city enforcement efforts
revealed violations of State and City laws at such businesses.
These violations included but were not limited to: illegal gaming
machines, illegal cannabis storefronts, and other criminal activities
such as prostitution and gun violations.
B. On October 16, 2018, the City Council adopted Urgency Ordinance No.
NS-2956 establishing a forty-five (45) day moratorium on the approval,
commencement, establishment, operation, relocation or expansion of
cyber cafes. On November 20, 2018, the City Council extended said
moratorium (Ordinance No. NS-2961) for an additional ten (10) month and
fifteen (15) day period.
C. The Planning Division, Code Enforcement Division and Police Department
staff have analyzed the City's current regulations and other cities'
regulations pertaining to cyber cafes and have determined that in order to
protect and preserve the public health, safety and welfare of the City and
its residents, prohibiting cyber cafes city-wide will mitigate one potential
path for engaging in these illegal activities. The proposed ordinance
amendment will prohibit the establishment of new cyber cafes in the City.
D. On September 9, 2019, the Planning Commission held a duly noticed
public hearing and voted to recommend that the City Council adopt Zoning
Ordinance Amendment No. 2019-04 prohibiting cyber cafes city-wide.
E. The City Council, on October 1, 2019, held a duly noticed public hearing
on this ordinance and has considered all testimony presented thereto.
F. All provisions of the Santa Ana Municipal Code (SAMC) which are
repeated herein are repeated solely in order to comply with the provisions
of Section 418 of the Charter of the City of Santa Ana. Any such
restatement of existing provisions of the Code is not intended, nor shall it
be interpreted, as constituting a new action of decision of the City Council,
but rather such provisions are repeated for tracking purposes only in
conformance with the Charter.
75B_5 Ordinance NPage 2 of 7
Section 2. Section 41-45 (Cyber Cafe) of Chapter 41 of the SAMC is hereby
amended to read as follows:
Sec. 41-45. — Cyber Cafe.
Cyber cafe shall mean an establishment whose primary purpose is to provide
that pmvi es rnere than six (6) computers and/or other electronic devices for
access to the Internet, e-mail,, v0dee garnes or computer software programs
which are networked (via LAN or WAN) or which function as a client/server
program, and which seeks compensation in any form from users. Cyber cafe is
synonymous with PC cafe, internet cafe or cyber centers, but does not include a
cyber learning center as defined in Section 41-46 or recreational or entertainment
uses as defined in Section 41-142.
Section 3. Section 41-198.200 (Cyber Cafes) of Chapter 41 of the SAMC is
hereby amended to read as follows:
Sec. 41-198.200. — Cyber Cafes - Prohibited.
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Section 4. Section 41-365 (Uses Permitted in the C1 District) of Chapter 41 of
the SAMC is hereby amended to read as follows:
Sec. 41-365. - Uses permitted in the C1 district.
The following uses are permitted in the C1 district:
(a) Retail and service uses.
(b) Professional, administrative and business offices.
(c) Automobile parking lots and parking structures.
(d) Automobile sales, but excluding truck, trailer, tractor and boat sales.
(e) Churches and accessory church buildings.
(f) Mortuaries.
(g) Theaters.
(h) Hospitals, clinics, and sanitariums.
75B_c Ordinance No. NS-XXXX
V Page 3 of 7
(i) Animal hospitals and veterinaries.
(j) Plant nurseries.
(k) Gymnasiums.
(1) Golf courses, both regulation and miniature, and driving ranges.
(m) Public utility structures, including electric distribution and transmission
substations.
(n) Restaurants, cafes, and eating establishments, other than those specified
in Section 41-365.5.
(o) Schools and studios operated for commercial or public purposes.
(p) Childcare facilities.
(q) Service stations.
(r) Automobile servicing.
(ts) Tattoo and/or body art establishments, subject to the development and
operational standards set forth in Section 41-199.3.
Section 5. Section 41-377 (Uses Permitted in the C2 District) of Chapter 41 of
the SAMC is hereby amended to read as follows:
Sec. 41-377. - Uses permitted in the C2 district.
The following uses are permitted in the C2 district.
(a) All uses which are permitted in the C1 district pursuant to Section 41-365.
(b) Automotive garages including body and fender repair, painting, and
engine replacement.
(c) Blueprinting, photo -engraving, including all types of reproduction
processes.
(d) Reserved.
(e) Equipment rental yards.
(f) Metal shops.
(g) Tire recapping.
75B_7 Ordinance No. NS-XXXX
Page 4 of 7
(h) Wholesale establishments as follows:
(1) Automotive equipment, including parts and supplies for machinery.
(2) Drugs, chemicals and allied products excluding explosives and
industrial chemicals.
(3) Dry goods and apparel.
(4) Food products.
(5) Farm products.
(6) Electrical and plumbing supplies.
(7) Office equipment and supplies.
(i) Truck, trailer, tractor and boat sales.
(j) Research institutions and laboratories.
(k) Adult entertainment businesses subject to compliance with the
requirements of article XVII of this Chapter.
Section 6. Section 41-424 (Uses Permitted in the C5 District) of Chapter 41 of
the SAMC is hereby amended to read as follows:
Sec. 41-424. - Uses permitted in the C5 district.
The following uses are permitted in the C5 district:
(a) Administrative and professional offices.
(b) Retail and service uses.
(c) Automobile parking lots, but excluding the sale or storage of automobiles,
trucks, trailers, boats, or tractors, whether new or used.
(d) Churches, chapels, mortuaries, and theaters.
(e) Government buildings.
(f) Restaurants and cafes, other than those specified in Section 41-424.5.
(g) Schools and studios operated for commercial or public purposes.
75B_Q Ordinance No. NS-XXXX
v Page 5 of 7
(h) Child care facilities.
(i) The printing, publishing, and circulation of a newspaper, including plant
and office.
Q) Two-family dwellings not exceeding one (1) unit per three thousand
(3,000) square feet of lot area, provided such units front on a secondary or
local street.
(Lk) Gymnasiums and health clubs.
Section 7. The proposed ordinance has been reviewed with respect to the
applicability of the California Environmental Quality Act ("CEQA") and the CEQA
Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project
is exempt from CEQA as it can be seen with certainty that there is no impact on the
environment [Section 15061(b)(3)] and a Notice of Exemption (Environmental Review
No. 2019-68) will be filed upon adoption of this ordinance.
Section 8. If any section, subsection, sentence, clause, phrase or portion of
this ordinance for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause phrase or portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 9. The City Council of the City of Santa Ana hereby adopts an
ordinance amending Sections 41-45, 41-198.200, 41-365, 41-377 and 41-424 of
Chapter 41 (Zoning) of the Santa Ana Municipal Code prohibiting the establishment of
cyber caf6s as a permitted use Citywide. This approval was based upon the evidence
submitted at the above said hearing, which includes, but is not limited to: the Request
for City Council Action dated October 1, 2019, and exhibits attached thereto; and the
public testimony, all of which are incorporated herein by this reference.
ADOPTED this day of 12019.
Miguel A. Pulido
Mayor
75B_e Ordinance No. NS-XXXX
7 Page 6 of 7
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:_�
Lisa Storck
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on , 2019 and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
75B_1 O Ordinance No. NS-XXXX
Page 7 of 7
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
SEPTEMBER 9, 2019
TITLE:
PUBLIC HEARING —ZONING ORDINANCE
AMENDMENT NO. 2019-04 PROHIBITING
CYBER CAFES AS A PERMITTED USE
CITYWIDE {STRATEGIC PLAN NO. 5,4)
Prepared by Jerry C. Guevara
Q <
Executive Director
RECOMMENDED ACTION
*:1:11-3111i+a
PLANNING COMMISSION SECRETARY
APPROVED
❑
As Recommended
❑
As Amended
❑
Set Public Hearing For
DENIED
❑
Applicant's Request
❑
Staff Recommendation
CONTINUED TO
%/1i�_--- -
Interim Planning Manager
Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment
(ZOA) No. 2019-04 prohibiting cyber cafes as a permitted use citywide.
Project Background
There has been a proliferation of cyber cafe businesses in the City and statewide. Such businesses
are often connected to illegal gambling and other criminal activities. Some of the illicit operations are
in the form of "promotional sweepstakes," in which the business allows customers to play gambling-
themed games on computers to win cash prizes. Crime statistics and calls for service in the areas
of the City where cyber cafes have been established have increased significantly. The Santa Ana
Police Department (SAPD) identified 460 incidents occurring between January 1, 2018 and
September 2018 related to cyber cafes. These incidents included violent crime, loitering, illegal
gambling, illegal drug use and sales, burglaries, assaults, fights, theft, public intoxication,
vandalism, property damage, weapons offenses, and other criminal activities in and around cyber
cafes at various locations throughout the City. Some of these incidents have led to criminal arrests
for possession of firearms, narcotics, and stolen vehicles and parole/probation violations.
Based on these concerns, on October 16, 2018, the City Council adopted Urgency Ordinance No.
NS-2956 establishing a 45-day moratorium on the approval, commencement, establishment,
operation, relocation or expansion of cyber cafes within the City. On November 20, 2018, the City
Council extended the moratorium for an additional ten months and 15 days to allow staff time to
analyze cyber cafes and provide an enforcement plan and recommendations on whether to adopt a
regulatory ordinance permitting such establishments, institute operational guidelines, or adopt an
outright ban on cyber cafes.
75B-11
Zoning Ordinance Amendment No. 2019-04
September 9, 2019
Page 2
Since the adoption of the moratorium, there have been additional incidents at and/or near cyber
cafes. One incident involved an altercation and the shooting of a female victim in the parking lot of a
business providing internet 'access and illegal gaming. Another incident involved the arrest of
documented gang members by SAPID for firearm violations and gang enhancements at an
approved cyber cafe.
Analysis of the Issues
The cyber cafe moratorium has provided staff the ability to consider all aspects of a cyber cafe
business. Staff from the Planning Division, Code Enforcement Division and Police Department have
analyzed the City's current regulations and reviewed regulations from other cities that have similar
cyber cafe uses. In order to protect and preserve the public health, safety and welfare of the City
and its residents, staff has determined that an outright prohibition of cyber cafes citywide is the best
option to address the myriad of concerns. The proposed ordinance amendment will prohibit the
establishment of new cyber cafes in the City and will prohibit the relocation or expansion of any
legally operating cyber caf6. Further, all existing cyber cafes that were legally established prior to
the date of the urgency moratorium will be allowed to continue to operate and will be subject to the
City's non -conforming ordinance.
The proposed ordinance will not affect those businesses where computer access is incidental to the
permitted use, such as reproduction businesses (i.e. Fed Ex Office and Staples). In addition, this
ordinance will not affect cyber learning centers in any manner. As defined in Section 41-46 of the
SAMC, cyber learning centers are establishments that provide computer access to the general
public without monetary charge and which are operated by a government entity, a school district, or
by a non-profit organization.
Table 1: CEQA, Strategic Plan Alignment and Public Notification & Community Outreach
CEQA
CEQA Type
Exempt per Section 15061 b 3
Reason(s)
In accordance with the California Environmental Quality Act (CEQA), the
Exempt or Analysis
recommended action is exempt from CEQA per Section 15061(b)(3). This
exemption applies to projects covered by the general rule that CEQA applies only
to projects that have the potential for causing a significant effect on the
environment. As it can be seen with certainty that there is no possibility that this
code amendment may have a significant effect on the environment, therefore, the
activity is not subject to CEQA.
Strategic Plan Alignment
Goal(s) and
Approval of this item supports the City's efforts to meet Goal No. 5 — Community
Policy(s)
Health, Livability, Engagement & Sustainability, Objective No. 4 (support
neighborhood vitality and livability).
Public Notification & Community Outreach
Required
A notice of hearing was published in the Orange County Register.
Measures
Additional
The proposed amendments are citywide and the project site is not located within the
Measures
boundaries of one single neighborhood association.
75B-12
Zoning Ordinance Amendment No. 2019-04
September 9, 2019
Page 3
Conclusion
Based on the analysis provided within this report, staff recommends that the Planning
Commission recommend that the City Council approve Zoning Ordinance Amendment No. 2019-
04_
JG:S:\P Ian n i ngCom m ission\2019\9-9-19\ZOANo.2019-04CyberCafes
Exhibit: 1. Proposed Draft Ordinance
75B-13
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75B-14
EXHIBIT 1
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75B-16
LS 9.9.19
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING SECTIONS 41-45, 41-
198.200, 41-365, 41-377 AND 41-424 OF CHAPTER 41
(ZONING) OF THE SANTA ANA MUNICIPAL CODE
PROHIBITING CYBER CAFES AS A PERMITTED USE
CITYWIDE
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The City of Santa Ana has witnessed a proliferation of cyber cafe
businesses that has resulted in an increased number of public nuisance
complaints emanating from such establishments in recent years, involving
the following:
(1) A documented increase in crime including serious and violent
crimes such as loitering, illegal gambling, illegal drug use and sale,
burglaries, assaults, fights, theft, robbery, public intoxication,
vandalism, property damage, weapons offenses, and other criminal
activities in and around cyber cafe establishments, as well as
increased pedestrian traffic, noise, parking violations, and other
nuisance activities which have resulted in a documented increase
and demand for police responses.
(2) The City has experienced serious adverse impacts due to the
unique manner in which cyber cafe businesses operate the
"sweepstakes" games. Customers occupy a computer for hours
which results in waiting lines and people congregating or loitering
outside the establishment. The long game times and often late
night hours have also increased demand for police response
regarding noise complaints, criminal activity including fights, drug
sales, and adverse gang activity affecting surrounding residential
neighborhoods and commercial centers.
(3) Crime statistics and calls for service in the City have increased in
areas where cyber cafes have been established. The Santa Ana
Police Department (SAPD) identified 460 cyber cafe related
incidents occurring between January 2018 and September 2018
throughout the City. These incidents include criminal arrests such
as possession of firearms, narcotics and stolen vehicles and
parole/probation violations. Since January of this year, SAPID has
responded to a noticeable increase of calls for service and officer
generated activities.
75B-17 Ordinance NPage 1 of 7
(4) SAPID has spent a significant amount of resources and time
conducting surveillance operations around cyber cafes. It was also
found that this type of business primarily attracts clientele involved
in criminal activity. Enforcement checks on cyber cafes and of
customers entering or leaving such locations often result in drug
related arrests, evidence of drug trafficking, illegal gambling and
gaming and an influx of individuals on probation, parole, or wanted
subjects. There has also been prostitution related activity occurring
in nearby parking lots and surrounding areas.
B. On October 16, 2018, the City Council adopted Urgency Ordinance No.
NS-2956 establishing a forty-five (45) day moratorium on the approval,
commencement, establishment, operation, relocation or expansion of
cyber cafes. On November 20, 2018, the City Council extended said
moratorium for an additional ten (10) month and fifteen (15) day period.
C. The Planning Division, Code Enforcement Division and Police Department
staff have analyzed the City's current regulations and other cities'
regulations pertaining to cyber cafes and have determined that in order to
protect and preserve the public health, safety and welfare of the City and
its residents, prohibiting cyber cafes citywide will mitigate one potential
path for engaging in these illegal activities. The proposed ordinance
amendment will prohibit the establishment of new cyber cafes in the City.
D. On September 9, 2019, the Planning Commission held a duly noticed
public hearing and voted to recommend that the City Council adopt Zoning
Ordinance Amendment No. 2019-04 prohibiting cyber cafes.
E. The City Council, on October 1, 2019, held a duly noticed public hearing
on this ordinance and has considered all testimony presented thereto.
F. All provisions of the Santa Ana Municipal Code (SAMC) which are
repeated herein are repeated solely in order to comply with the provisions
of Section 418 of the Charter of the City of Santa Ana. Any such
restatement of existing provisions of the Code is not intended, nor shall it
be interpreted, as constituting a new action of decision of the City Council,
but rather such provisions are repeated for tracking purposes only in
conformance with the Charter.
Section 2. Section 41-45 (Cyber Cafe) of Chapter 41 of the SAMC is hereby
amended to read as follows:
Sec. 41-45. — Cyber Cafe.
Cyber cafe shall mean an establishment whose primary purpose is to provide
that provides more than sox (a) computers and/or other electronic devices for
access to the Internet, e-mail, videe garnes or computer software programs
which are networked (via LAN or WAN) or which function as a client/server
75B-1 Ordinance No. NS-XXXX
Page 2 of 7
program, and which seeks compensation in any form from users. Cyber cafe is
synonymous with PC cafe, internet cafe or cyber centers, but does not include a
cyber learning center as defined in Section 41-46 or recreational or entertainment
uses as defined in Section 41-142.
Section 3. Section 41-198.200 (Cyber Cafes) of Chapter 41 of the SAMC is
hereby amended to read as follows:
Sec. 41-198.200. — Cyber Cafes - Prohibited.
M. 1121
..
.. ..
Section 4. Section 41-365 (Uses Permitted in the C1 District) of Chapter 41 of
the SAMC is hereby amended to read as follows:
Sec. 41-365. - Uses permitted in the C1 district.
The following uses are permitted in the C1 district:
(a) Retail and service uses.
(b) Professional, administrative and business offices.
(c) Automobile parking lots and parking structures.
(d) Automobile sales, but excluding truck, trailer, tractor and boat sales.
(e) Churches and accessory church buildings.
(f) Mortuaries.
(g) Theaters.
(h) Hospitals, clinics, and sanitariums.
(i) Animal hospitals and veterinaries.
Q) Plant nurseries.
(k) Gymnasiums.
(1) Golf courses, both regulation and miniature, and driving ranges.
75B-1 Ordinance No. NS-XXXX
Page 3 of 7
(m) Public utility structures, including electric distribution and transmission
substations.
(n) Restaurants, cafes, and eating establishments, other than those specified
in Section 41-365.5.
(o) Schools and studios operated for commercial or public purposes.
(p) Childcare facilities.
(q) Service stations.
(r) Automobile servicing.
4s) Tattoo and/or body art establishments, subject to the development and
operational standards set forth in Section 41-199.3.
Section 5. Section 41-377 (Uses Permitted in the C2 District) of Chapter 41 of
the SAMC is hereby amended to read as follows:
Sec. 41-377. - Uses permitted in the C2 district.
The following uses are permitted in the C2 district.
(a) All uses which are permitted in the C1 district pursuant to Section 41-365.
(b) Automotive garages including body and fender repair, painting, and
engine replacement.
(c) Blueprinting, photo -engraving, including all types of reproduction
processes.
(d) Reserved.
(e) Equipment rental yards.
(f) Metal shops.
(g) Tire recapping.
(h) Wholesale establishments as follows:
(1) Automotive equipment, including parts and supplies for machinery.
(2) Drugs, chemicals and allied products excluding explosives and
industrial chemicals.
75B_no Ordinance No. NS-XXXX
L Page 4 of 7
(3) Dry goods and apparel.
(4) Food products.
(5) Farm products.
(6) Electrical and plumbing supplies.
(7) Office equipment and supplies.
(i) Truck, trailer, tractor and boat sales.
Q) Research institutions and laboratories.
(k) Adult entertainment businesses subject to compliance with the
requirements of article XVII of this Chapter.
Section 6. Section 41-424 (Uses Permitted in the C5 District) of Chapter 41 of
the SAMC is hereby amended to read as follows:
Sec. 41-424. - Uses permitted in the C5 district.
The following uses are permitted in the C5 district:
(a) Administrative and professional offices.
(b) Retail and service uses.
(c) Automobile parking lots, but excluding the sale or storage of automobiles,
trucks, trailers, boats, or tractors, whether new or used.
(d) Churches, chapels, mortuaries, and theaters.
(e) Government buildings.
(f) Restaurants and cafes, other than those specified in Section 41-424.5.
(g) Schools and studios operated for commercial or public purposes.
(h) Child care facilities.
(i) The printing, publishing, and circulation of a newspaper, including plant
and office.
Q) Two-family dwellings not exceeding one (1) unit per three thousand
(3,000) square feet of lot area, provided such units front on a secondary or
local street.
75B-21 Ordinance NPage 5 ofx7
(-k) Gymnasiums and health clubs.
Section 7. The proposed ordinance has been reviewed with respect to the
applicability of the California Environmental Quality Act ("CEQA") and the CEQA
Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project
is exempt from CEQA as it can be seen with certainty that there is no impact on the
environment [Section 15061(b)(3)] and a Notice of Exemption (Environmental Review
No. 2019-68) will be filed upon adoption of this ordinance.
Section 8. If any section, subsection, sentence, clause, phrase or portion of
this ordinance for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause phrase or portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 9. The City Council of the City of Santa Ana hereby adopts an
ordinance amending Sections 41-45, 41-198.200, 41-365, 41-377 and 41-424 of
Chapter 41 (Zoning) of the Santa Ana Municipal Code prohibiting the establishment of
cyber cafes as a permitted use Citywide. This approval was based upon the evidence
submitted at the above said hearing, which includes, but is not limited to: the Request
for City Council Action dated October 1, 2019, and exhibits attached thereto; and the
public testimony, all of which are incorporated herein by this reference.
ADOPTED this day of 12019.
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Lisa Storck
Assistant City Attorney
Miguel A. Pulido
Mayor
75B-22 Ordinance NPage 6 ofx7
AYES: Councilmembers
NOES: Councilmembers
/911991F910� IIIIIIIIIIllibrev T.11=Tm
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on , 2019 and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
%58-23 Ordinance No. NS-XXXX
Page 7 of 7
This page left blank intentionally.
75B-24
EXHIBIT 3
LS 11.20.18
ORDINANCE NO. NS-2961
AN EMERGENCY ORDINANCE OF THE CITY OF SANTA
ANA MAKING FINDINGS AND EXTENDING THE
MORATORIUM ON THE APPROVAL, COMMENCEMENT,
ESTABLISHMENT, OPERATION, RELOCATION OR
EXPANSION OF CYBER CAFES AND INTERNET ACCESS
BUSINESSES WITHIN THE CITY FOR AN ADDITIONAL
TEN MONTHS AND FIFTEEN DAYS PENDING STUDY
AND ADOPTION OF REGULATORY AND ZONING
STANDARDS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of Santa Ana hereby finds, determines and
declares as follows:
A. As in other cities in California, there has been a proliferation of cyber cafes
and internet access businesses in the City of Santa Ana. Customers
purchase phone time in exchange for opportunities to win chances at
internet/network based sweepstakes prizes and money.
B. The current provisions of the Santa Ana Municipal Code allow cyber cafes in
specific zones, and sets forth the operational standards for such businesses.
The provisions of the Santa Ana Municipal Code require review, study, and
possible revision in order to respond to recent concerns relating to the
impacts of these internet access businesses and cyber cafe uses in the City.
C. On October 16, 2018, the City Council adopted Urgency Ordinance No. NS-
2956 establishing a forty-five (45) day moratorium on the approval,
commencement, establishment, operation, relocation or expansion of cyber
cafes and internet access businesses within the city, through November 30,
2018.
D. Since the City Council's approval of the moratorium on October 16, 2018,
there have been two additional serious incidents at and/or near cyber cafes
and internet access businesses. One involved an altercation and the
shooting of a female victim in an adjacent parking lot of a business allowing
internet access and possible illegal gaming. The second incident involved the
arrest of documented gang members by the Santa Ana Police Department for
firearm violations and gang enhancements at an approved cyber cafe.
E. In order to address the community's concerns regarding the negative impacts
associated with the operation of cyber cafes and internet access businesses,
Ordinance No. INS - 2961
75B-25 Page 1 of 7
it is necessary for the City of Santa Ana to continue to study the potential
impacts such facilities may have on the public health, safety and welfare.
F. While no new regulations have been formulated or proposed in the brief time
since the adoption of the moratorium, progress has been made toward
identifying key stakeholders and logical next steps.
G. City staff, the Santa Ana Police Department, Code Enforcement, and the City
Attorney's office are continuing to conduct research into the possible and
likely impacts of regulating or outlawing cyber cafes and internet access
businesses in the City in order to mitigate such impacts.
H. City staff is continuing to gather factual data regarding the adverse impacts
experienced by other cities that permit cyber cafes and internet access
businesses. This information is currently being processed as a tool to draft
provisions for regulating cyber cafes and internet access businesses in the
City.
I. City staff continues to conduct research into the City's options for regulating
cyber cafes and internet access businesses. This research includes a review
of many city ordinances in California that either prohibit or regulate cyber
cafes and internet access businesses.
J. As a result, the City Council desires to extend the moratorium as it applies to
cyber cafes and internet access businesses for a period of ten (10) months
and fifteen (15) days (Government Code section 65858) to allow staff and the
City Council the opportunity to continue to research and select the best
course of action for the City's citizens and the community at large.
K. The City Council has determined that the circumstances and conditions that
led to the adoption of Ordinance No. NS-2956, which are set in the recitals of
Ordinance No. NS-2956, have not been alleviated as of the date of this
Urgency Ordinance and continue to create the concerns described in
Ordinance No. NS-2956.
L. Based on the foregoing, the City Council finds that issuing permits, business
licenses, or other applicable entitlements to individuals wishing to use their
property for the purposes of cyber cafes and internet access businesses, prior
to the City's completion of its study of the potential impact of such cyber cafes
and internet access businesses, would pose a current and immediate threat
to the public health, safety, and welfare, and that a temporary moratorium on
the issuance of such permits, licenses, and entitlements is thus necessary.
M. Based on the foregoing, the City Council finds that the use of property as a
cyber cafe and internet access businesses in any zone of the City prior to the
City's completion of its study of the potential impact of such cyber cafes and
internet access businesses is a public nuisance and poses a current and
immediate threat to the public health, safety, and welfare.
Ordinance No. NS - 2961
Page 2 of 7
75B-26
Section 2.Extension of Moratorium and Findings.
A. In accordance with the authority granted to the City of Santa Ana under
Government Code Section 65858, from and after the date of this Ordinance,
no use permit, variance, building permit, business license or other applicable
entitlement for use shall be approved or issued for a cyber cafe or internet
access business for a period extending through and including October 15,
2019, pending the completion of zoning or other regulations that are needed
to alleviate a current and actual threat to the public health, safety and welfare.
B. In addition, no property in any zone of the City is to be used for purposes of a
cyber cafe or internet access business for a period extending through and
including October 15, 2019. The use of any property for such purpose shall
be deemed a public nuisance. Any violation of this provision shall be treated
as a violation of Section 1-8 of the Santa Ana Municipal Code.
C. This Ordinance is an interim urgency ordinance adopted pursuant to the
authority granted to the City of Santa Ana by Government Code Section
65858, and is for the immediate preservation of the public health, safety, and
welfare. The City Council hereby FINDS and DETERMINES as follows:
(1) The City has received an increased number of public nuisance
complaints emanating from cyber cafes and internet access businesses
in recent weeks, involving the following:
(a) Even where cyber cafes and internet access businesses utilize lawful
sweepstakes features, these businesses have created adverse
impacts on public health, safety and welfare, including a dramatic
increase in crime including serious and violent crimes such as loitering,
illegal drug use and sales, burglaries, assaults, fights, theft, robbery,
public intoxication, vandalism, property damage, weapons offenses,
and other criminal activity in and around cyber cafes and internet
access business, as well as increased pedestrian traffic, noise, parking
violations, and other nuisance activities. These businesses have also
resulted in a tremendous increase and demand for police response.
(b) The City of Santa Ana and neighboring cities have experienced serious
adverse impacts due to the unique manner in which cyber cafes and
internet access businesses operate the "sweepstakes" games.
Customers may occupy a particular computer system for multiple
hours, creating lines and people congregating or loitering while waiting
for a computer. Parking availability may also be impacted due to
extended periods of game playing, and such businesses have also
resulted in increased demand for police response, as well as increased
demand for maintenance of public streets and sidewalks. These late
night gaming sessions which extend play beyond typical commercial
Ordinance No. INS - 2961
75B-27 Page 3 of 7
business hours may cause noise and related impacts on the
surrounding community as customers enter and exit these businesses
during the late night hours.
(c) Crime statistics and calls for service in the City of Santa Ana and
neighboring cities where cyber cafes and internet access businesses
are located are significantly higher since these establishments opened
for business. The Santa Ana Police Department identified 460
incidents occurring between January 1, 2018 and September 2018 at
various locations in the city. These incidents have included criminal
arrests to include the possession of firearms, possession of narcotics,
possession of a stolen vehicle, and parole / probation violations. Since
January of this year the Santa Ana Police Department has responded
to noticeable increase of calls for service and officer generated
activities. The Staff Report for this item, which is incorporated herein
by reference, includes these statistics and calls for service.
(d) Since the City Council's approval of the moratorium on October 16,
2018, there have been two additional serious incidents at and/or near
cyber cafes and internet access businesses. One involved an
altercation and the shooting of a female victim in an adjacent parking
lot of a business allowing internet access and possible illegal gaming.
The second incident involved the arrest of documented gang members
by the Santa Ana Police Department for firearm violations and gang
enhancements at an approved Cyber Cafe.
(e) The Police Department reports its officers have spent a significant
amount of time conducting surveillance operations around cyber cafes.
This type of business appears to attract clientele involved in criminal
activity. Several enforcement stops of customers entering or leaving
such locations have yielded drug related arrests, evidence of drug
trafficking, an influx of individuals on probation, parole, or wanted
subjects. There is also the possibility of prostitution related activity
gravitating to the parking lots and surrounding areas based on known
subjects being contacted at such locations who either have prior
arrests or contacts involving prostitution. Since the City Council's
approval of the moratorium on October 16, 2018, there have been two
additional serious incidents at and/or near cyber cafes and internet
access businesses. One involved an altercation and the shooting of a
female victim in an adjacent parking lot of a business allowing internet
access and possible illegal gaming. The second incident involved the
arrest of documented gang members by the Santa Ana Police
Department for firearm violations and gang enhancements at an
approved Cyber Cafe.
(f) The City Council of the City of Santa Ana is concerned with increased
calls for service, increasing reports of violent criminal behavior and
related detrimental neighborhood effects associated with cyber cafes
Ordinance No. NS - 2961
Page 4 of 7
75B-28
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. INS - 2961
75B-29 Page 5 of 7
Section 6. Publication. The City Clerk shall certify to the adoption of this
Ordinance and cause it, or a summary of it, to be published once in a newspaper of
general circulation printed and published within the City of Santa Ana.
Section T Report. City staff is instructed to prepare the report required by
Government Code Section 65858(d) describing the measures taken to alleviate the
condition which led to this Ordinance's adoption for presentation to the City Council no
later than ten days prior to the expiration of this Ordinance.
Section 8. The Request for Council Action for this ordinance dated November
20, 2018, and duly signed by the Executive Director of the Planning and Building
Agency and/or Chief of Police shall, by this reference, be incorporated herein, and
together with this ordinance, any amendments or supplements, and oral testimony
constitute the necessary findings for this ordinance.
Section 9. Any ordinance declared by the City Council to be necessary as an
emergency measure for preserving the public peace, health and safety, and containing
a statement of the reasons for its urgency, may be introduced and adopted at one and
the same meeting if passed by the affirmative votes of at least four -fifths (4/5) vote of
the City Council members. Further, California Government Code Section 65858
authorizes the City Council to adopt an interim urgency ordinance, without following the
procedures otherwise required for the adoption of an ordinance, to protect the public
safety, health, and welfare, prohibiting any uses that may be in conflict with a
contemplated general plan, specific plan, or zoning proposal that the City Council,
Planning Commission or the planning department is considering or studying or intends
to study within a reasonable time.
Section 10. This ordinance shall have no further force and effect ten (10) months
and fifteen (15) days after adoption, unless subsequently, after public hearing, the City
Council members, by four -fifths (4/5) vote, extend this ordinance one more year.
Section 11. It shall be unlawful and a misdemeanor for any person to violate or
fail to comply with any provision of this ordinance. The violation of any provision of this
ordinance shall be punished as provided in Section 1-8 of the Santa Ana Municipal
Code.
Section 12. This ordinance is introduced, passed and adopted at one and the
same meeting and is thereafter immediately effective upon expiration of the original 45-
day moratorium. The City Council finds that this ordinance is necessary to protect the
public safety, health and welfare.
Ordinance No. NS - 2961
Page 6 of 7
75B-30
ADOPTED this 2011 day of November, 2018.
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By:
`Lisa Storck
'Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tinalero, Villegas (7)
None (0)
NOT PRESENT: Councilmembers None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS-2961 to be the original ordinance adopted by the City Council of the
City of Santa Ana on November 20, 2018.
Date:
Maria D. Huizar
Clerk of the Council
City of Santa Ana
Ordinance No. NS - 2961
75B_31
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