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HomeMy WebLinkAboutNS-2512 - Extending the Interim Time, Place, and Manner Restrictions for Cyber Cafes Pending Further Study ORDINANCE NO. NS-2512 NO, I'~.}- ~/ ~, ,, AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA EXTENDING THE INTERIM TIME, PLACE, AND MANNER RESTRICTIONS FOR CYBER CAFES PENDING FURTHER STUDY 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: Because of its age, provisions of the Santa Ana Municipal Code fail to fully take into account the potential impacts associated with the establishment of cyber cafes and fail to address the needs of the city and its residents today and in the future. Provisions of Chapter 41, and potentially other chapters, of the Santa Ana Municipal Code ("the Code") do not include standards to mitigate the impacts to the health, safety and public welfare caused by the establishment and operation of cyber cafes. As such, provisions of the Code need review, study and possible revision in order to respond to recent concerns relating to the impacts of cyber cafes and the potential establishment of new cyber cafes in the city. For this reason, on July 15, 2002, at a regularly scheduled public meeting the City Council adopted Ordinance No. NS-2506, which established interim regulations on new cyber cafes (hereafter "the interim ordinance"). By its own terms the interim ordinance expires 45 days following its adoption. Given the concerns, the City Council requested in adopting the interim ordinance that a study be undertaken of the current provisions of Chapter 41 of the Code to create development standards for cyber cafes citywide. In response to this request, the City has established a multi-agency task force that has contacted other jurisdictions reporting problems with established cyber cafes, collected reports and ordinances from these jurisdictions and researched possible solutions to avoid these problems in Santa Ana. This has resulted in the preparation of a proposed permanent ordinance, which was the subject of a duly noticed public hearing before the City Planning Commission on August 12, 2002. The Planning Commission recommended unanimously at the conclusion of the public hearing that this City Council adopt the proposed permanent ordinance. Ordinance No. NS-2512 Page 1 of 5 Despite the preparation of the proposed permanent ordinance, without extension of the interim development regulations of the interim ordinance, properties in the City could quickly receive entitlements to establish cyber cafes despite the fact that the City Council has determined that the Code is in need of updating and has directed that a study be done to recommend new standards and revise the Code to address concerns created to cyber cafes. Cyber cafes' activities are frequently associated with detrimental impacts to the surrounding area. Neighboring cities have experienced violent criminal activity associated with the cyber cafes. Neighboring jurisdictions have reported incidents including but not limited to, shootings, stabbings, assaults, drug and gambling offenses, truancy, curfew violations, loitering and gang related offensives. Garden Grove's City Council received a report dated December 31, 2001, from the Garden Grove Police Department documenting a number of crime and gang related activities occurring in and about cyber cafes within the City of Garden Grove. The report documented that within the last twelve months a number of crime incidents, including but not limited to, felonious assaults, probation violations, and possession of illegal drugs have occurred at these cyber cafe business locations. On June 8, 2002, Edward Fernandez, age 14, was followed from a Garden Grove cyber cafe and shot to death. In the City of Garden Grove, on December 30, 2001, Phoung Huu Ly, age 20, died after he was stabbed in the head with a screwdriver in the parking lot of a cyber cafe. Gang related incidents have been occurring in association with cyber cafes. According to Officer Kovacs, a gang unit officer in the City of Garden Grove Police Department, a cyber cafe customer was stabbed after being rushed by a group of suspected gang members who traced him down from another cyber cafe. City of Costa Mesa Police Lt. Ron Smith has stated "The violence stems largely from the competitiveness of the computer games spilling over into the street" and "gang members have been known to travel from one cyber cafe to another to settle scores or avenge insults sent via the Internet." Lt. Smith summarized the problems encountered by other law enforcement agencies in Southern California by cyber cafes as "murder, drive-by shootings, assaults, organized-crime money laundering, identity theft, computer Ordinance No. NS-2512 Page 2 of 5 hacking, gambling, loitering, curfew violations and noise disturbances." In order to prevent the frustration of said studies and the implementation thereof, the public interest, health, safety and welfare require the immediate enactment of this ordinance. The absence of this ordinance would create a serious threat to the orderly and effective implementation of any code amendments, general plan amendments or specific plan amendments which may be adopted by the city as a result of the studies, in that the establishment or construction of cyber cafes may be in conflict with or frustrate the contemplated updates and revisions to the Code, general plans or specific plans. Moreover, permitting such cyber cafes to be established or expanded during said studies and implementation would create impacts on the public health, safety and welfare that the City Council, in adopting this ordinance, has found to be unacceptable. The Request for Council Action for this ordinance dated August 19, 2002 and duly signed by the city manager shall, by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council, shall constitute the necessary findings for this ordinance. The City Council has held a public hearing prior to its consideration of this emergency ordinance providing for an extension of the interim ordinance and has considered all of the written and oral testimony offered concerning whether to adopt this emergency ordinance. The City Council finds, determines and declares that the current and immediate threat to the public health, safety and welfare of the city and its citizens necessitates the immediate enactment of the ordinance. The facts constituting such an urgency are set forth in paragraphs A-J, inclusive of this ordinance. The City Council further finds that this ordinance constitutes a matter of Citywide importance and is not directed towards nor targeted at any particular parcel of property or proPOsed occupant. Section 2. Extension of Interim Ordinance. The City Council hereby extends Ordinance No. NS -2506 for the period specified in this Section 2. Pursuant to section 415 of the city's charter, this interim ordinance is introduced, passed and adopted at the same meeting and shall take effect immediately. It shall be effective for a period of 10 months and 15 days Ordinance No, NS~2512 Page 3 of 5 from the date of its adoption, and thereafter shall be null and void unless extended by further action of the City Council. Co Additionally, this interim ordinance shall become null and void as of the effective date of the permanent ordinance regulating cyber cafes, Ordinance No. NS-2513, which is introduced this same date; provided, however, that should the effectiveness of this permanent ordinance be stayed or temporarily enjoined by any court of competent jurisdiction, then application of this subsection 2.C., shall similarly stayed or enjoined. Section 3. This ordinance is introduced, passed and adopted at one and the same meeting and is thereafter immediately effective. The City Council finds that this ordinance is necessary to protect and preserve the public safety, health and welfare. The reasons for the emergency are set forth in Section 1, paragraphs A-K, inclusive of this ordinance. ADOPTED this 19th day of Auqust, 2002. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney i~Aissist~, n~t ~ity Attorney ~EBs.'i~A~ Councilmembers: NOES: ABSTAIN: Councilmembers: Councilmembers: NOT PRESENT: Councilmembers: Alvarez. Bist. Chdstv. McGui(~an. Pulido. Solorio ('6) None (0) None (0) Franklin (1) Ordinance No. NS-2512 Page 4 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2512 to be the original ordinance adopted by the City Council of the City of Santa Ana on August 19, 2002. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-2512 Page 5 of 5