HomeMy WebLinkAboutNS-2513 - To Regulate Cyber Cafes and Permitting Cyber Cafes ...ORDINANCE NO. NS-2513
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING CHAPTER 41 OF THE
SANTA ANA MUNICIPAL CODE TO REGULATE CYBER
CAFES AND PERMITTING CYBER CAFES IN THE C1, C2,
C3, C3-A, C4, AND C5 ZONES SUBJECT TO A LAND USE
CERTIFICATE
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:
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 June 18,
2002, 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. This report
documented that 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 a 14 year old, was followed from a Garden Grove
cyber cafe and shot to death.
On December 30, 2001, a 20-year-old-male was murdered while
standing outside a Garden Grove 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 tracked 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
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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 Intemet." 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
hacking, gambling, loitering, curfew violations and noise
disturbances."
The Chief of Police of Santa Aha has recommended this ordinance in a
memorandum dated July 26, 2002. The Chief of Police states that the
"implementation of this ordinance will be a valuable tool in helping prevent
crimes and criminal activity from occurring at and around cyber cafes."
Lieutenant Provence of the Santa Ana Police Department has stated by
formal memorandum dated August 13, 2002 that, based on past
experience in Santa Ana, the provision of security guards at uses
frequented by minors has proved a deterrent in reducing police calls for
service and crimes.
The Request for Council Action for this ordinance dated August 19, 2002
and duly signed by the city manager and all accompanying material
including those items referenced above, 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 considered all of the written and oral testimony
offered concerning whether to adopt this ordinance.
Based upon this record the City Council finds that the standards set forth
in this ordinance, and each of them, are necessary to reduce the negative
impacts, including crime, associated with the unregulated proliferation of
cyber cafes.
Zoning, permitting, and other police power regulations, such as those
employed in this ordinance, are legitimate, reasonable means of
accountability to help protect the quality of life in the City of Santa Ana and
to help ensure that all operators of cyber cafes comply with reasonable,
content neutral, regulations.
There is substantial evidence that an increase in crime tends to accompany,
concentrate around, and be aggravated by cyber cafes, including violent
crimes against persons and cdmes involving minors. The studies from other
cities establish convincing evidence that cyber cafes which are not regulated
often have a deleterious effect on nearby businesses and residential areas,
which would cause, if not subject to reasonable regulation such as those
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employed in this ordinance, adverse secondary effects such as an increase
in crime and a decrease in property values.
Regulations for cyber cafes should be developed to prevent crime and other
secondary effects before the problem exists, rather that waiting for problems
to be created.
All previsions of the Santa ^na Municipal Code, 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 or decision of the City Council,
but rather such provisions are repeated for tracking purposes only in
conformance with the Charter.
On August 12, 2002 the Planning Commission unanimously voted to
recommend the City Council adopt this ordinance.
Section 2. The City Council has reviewed and considered the information
contained in the initial study and the negative declaration prepared with respect to this
Ordinance. The City Council has, as a result of its consideration and the evidence
presented at the hearings on this matter, determined that, as required pursuant to the
California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a
Negative Declaration adequately addresses the expected environmental impacts of this
Ordinance. On the basis of this review, the City Council finds that there is no evidence
from which it can be fairly argued that the project will have a significant adverse effect on
the environment. The City Council hereby certifies and approves the negative declaration
and directs that the Notice of Determination be prepared and filed with the County Clerk of
the County of Orange in the manner required by law.
Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1 ), the City
Council has determined that, after considering the record as a whole, there is no evidence
that the proposed project will have the potential for any adverse effect on wildlife resources
or the ecological habitat upon which wildlife resources depend. The proposed project
exists in an urban environment characterized by paved concrete, roadways, surrounding
buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and
Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not
required in conjunction with this project.
Section 3. Section 41-45 is added to Chapter 41 of the Santa Ana Municipal
Code to read in full as follows:
Sec. 41-45. Cyber Cafe.
"Cyber cafe" shall mean an establishment that provides more than six (6)
computers and/or other electronic devices for access to the Internet,
e-mail, video games or computer software programs which are networked
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(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.
Section 4. Section 41-46 is added to Chapter 41 of the Santa Ana Municipal
Code to read in full as follows:
Sec. 41-46. Cyber Learning Center.
"Cyber Learning Center" shall mean an establishment that provides
computer access, which is operated by the City of Santa Ana, a school
district, or a college district, or is operated by a non-profit organization
without monetary charge.
Section 5. Section 41-191.5 is added to Chapter 41 of the Santa Ana Municipal
Code to read in full as follows:
Section 41-191.5 Judicial Relief for permits proceedings affecting
expressive conduct.
The provisions of Section 1094.8 of the California Code of Civil Procedure
shall govern any application for administrative mandamus based upon final decisions
rendered under the following provisions of this Code:
(a) Adult Businesses, Chapter 41, Article XVll.
(b) Newsracks, Chapter 33, Article 5.
(c) Cyber Cafes, Section 41-198.200.
Section6. Section 41-198.200 is added to Chapter 41 of the Santa Ana
Municipal Code to read in full as follows:
Sec. 41-198.200. Cyber Cafes.
Notwithstanding any other provisions of this chapter, cyber cafes may be
conducted in any C1, C2, C3, C3-A, C4, and C5 zones, provided they are carried
on in accordance with the limitations hereinafter set forth, and provided a
ministerial land use certificate is first obtained in accordance with sections
41-675 through 41-677 of this Code. Cyber cafes shall not be permitted in a
special districts or a specific plan unless explicitly set forth as a permissible use.
(a)
Minors (under 18 years of age) shall not be permitted to enter or remain in
a cyber cafe during the following periods unless accompanied by a parent
or legal guardian:
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(1) Between 8:00 a.m. and 3:00 p.m., or after 10:00 p.m. on Monday
through Friday of each week;
(b)
(c)
(d)
(e)
(f)
(g)
(2) Saturday and Sunday after 10:00 p.m.
(3)
The above weekday daytime hours of restriction shall not apply to
vacation days or school holidays as established by any public
school district or private school, kindergarten through twelfth grade,
operating within the City of Santa Aha.
(4)
Notice of these hours of restriction for minors shall be posted at the
entrance in lettering of at least two (2) inches in size.
The cyber cafe shall not be open to customers, patrons or any member of
the public between the hours of 12:00 a.m. to 7:00 a.m.
"No loitering" signs shall be posted at the front and rear of the business.
In addition, a waiting area with not less than eight (8) seats shall be
provided for customers waiting to use a computer. No outside waiting or
seating area is permitted.
No person shall be permitted to consume alcohol on the premises.
Employees shall be at least 21 years of age. There shall be a minimum of
one (1) employee managing the cyber cafe during all working hours. If the
business has more than 30 computers, the business is required to add
one additional employee for every additional 30 computers, or portion
thereof, and for every 30 computers thereafter, or any portion thereof.
During each employee's working hours, the employee shall wear a badge
identifying the business and the employee's full name.
Occupancy shall not exceed that required under the uniform building code
and uniform fire code, and the maximum occupancy load shall be posted
at the main entrance.
The establishment shall maintain and operate a camera/video surveillance
system with recording capability during all business hours. The system
shall cover the entire interior of the premises and all entrances to and exits
from the establishment. The camera/video surveillance system shall be
capable of delineating on playback of the system the activity and physical
features of persons or areas within the premises.
(1) Tapes/disks shall be kept a minimum of 72 hours.
(2)
The business owner shall permit the City to inspect the tapes/disks
during business hours. The system shall be maintained in good
working order, including the running of the tape/disks.
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(h)
(i)
(i)
(k)
(3)
A sign shall be posted inside and at the entrances to the
establishment indicating that the premises are under camera/video
surveillance.
The business owner shall submit and receive approval of a fire exit plan
from the City's Fire Department. The plan shall address all existing
requirements of the uniform building code and uniform fire code. This
includes, but is not limited to, providing an exiting plan showing equipment
location, aisle locations and dimensioned widths, and having approved
exit doors and panic hardware.
Any adult entertainment business is prohibited unless specifically
approved pursuant to the requirements of Chapter 41, Article XVII of this
code.
Window areas shall not be covered or made opaque in any way. All
windows and entrances must be unobstructed at all times so as to allow
an unimpaired line of sight by a police officer.
The business operator, at his/her expense shall provide a California
licensed uniform security guard on the premises Monday through Friday
between 4:00 p.m. and closing, and Saturday through Sunday between
12:00 p.m. and closing.
(1)
The Chief of Police is authorized to require a specific
owner/operator to provide a security guard(s) on the premises at
other hours of the day in the event that there are significant calls for
service relating to assaults, gang related activity, weapons
offenses, disturbances, and juvenile related crime, including
truancy, or other good cause.
(2)
Any decision of the Chief of Police may be appealed to the City
Council. Any appeal shall be made within ten (10) calendar days
following the date of the decision by the Chief of Police. Further,
such appeal period shall end at 5:00 p.m. on the tenth calendar day
following such date of the written decision by the Chief of Police. If
such tenth calendar day ends on a Saturday, Sunday or holiday,
the ten-day period shall end at 5:00 p.m. on the next regular
business day.
(3)
All appeals shall be in writing and on forms provided by the
planning department and shall specify wherein there was any error
of decision or requirement by the Chief of Police. Furthermore, a
copy of such appeal shall be filed with the planning department and
the clerk of the council.
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(4) Upon receipt of such appeal, the planning department shall set the
matter for hearing by the City Council.
(5) The City Council may, after public hearing, affirm, reverse, change,
or modify the original decision and may make any additional
determination it shall consider appropriate within the limitations
imposed by this chapter. Such decision shall be filed with the clerk
of the council, and the planning department; one (1) copy thereof
shall be sent to the applicant.
(I) Lighting levels on the premises within 60 feet of the use and in all required
parking areas shall be maintained at a minimum 1 footcandle of light.
Interior lighting shall be at maintained at a minimum of 30 footcandles of
light.
(m) No exterior pay phones shall be permitted.
(n) No pool tables or other amusement devices not directly related to Internet
computer devices shall be permitted.
(o) No gaming tournaments for cash prizes shall be permitted.
Section 7. Section 41-365 of the Santa Ana Municipal Code is hereby amended such
that it reads as follows (new language in bold, deleted language in strikeout):
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.
(j) Plant nurseries.
Ordinance No. NS-2513
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(k) Gymnasiums.
(I) 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) Child care facilities.
(q) Service stations.
(r) Automobile servicing.
(s) Cyber Cafes, subject to compliance with the requirements of
section 41-198.200,
Section 8. Section 41-377 of the Santa Ana Municipal Code is hereby amended such
that it reads as follows (new language in bold, deleted language in strikeout):
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) Enclosed storage, except mini-warehouses.
(e) Equipment rental yards for light machinery.
(f) Metal shops.
(g) Tire recapping.
(h) Wholesale establishments as follows:
(1) Automotive equipment, including parts and
supplies for machinery.
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(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.
(I) Cyber Cafes, subject to compliance with the
requirements of section 41-198,200.
Section 9. Section 41-402 of the Santa Ana Municipal Code is hereby amended such
that it reads as follows (new language in bold, deleted language in strikeout):
Sec. 41-402. Uses permitted in the C3-^ district, provided that drive-through facilities
are not permitted in conjunction with any of the following uses.
The following uses are permitted in the C3-A district:
(a) Retail and service uses.
(b) Professional, administrative and business uses.
(c) Automotive parking lots and parking structures.
(d) Theaters.
(e) Restaurants.
(f) Commercially operated professional studios, except for
studios listed in sectidn 41-402.
(g) The following creative arts uses:
(1) Fine arts studios and/or galleries.
(2) Fiber arts studios and/or galleries.
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(3) Printing, lithography and calligraphy
facilities.
(4) Photography studios.
(h) Cyber Cafes, subject to compliance with the
requirements of section 41-198.200.
Section 10. Section 41-424 of the Santa Aha Municipal Code is hereby amended such
that it reads as follows (new language in bold, deleted language in strikeout):
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.
(j) One-family and 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.
(k) Cyber Cafes, subject to compliance with the
requirements of section 41-198.200.
Section 11. Any existing cyber cafe legally operating on October 2, 2002, shall
have until January 1,2003 to comply with this ordinance.
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Section 12. Ordinance Nos. NS-2506 and NS-2512 are repealed as of the
effective date of this ordinance, unless application of this ordinance is stayed or
enjoined, in which case the application of this section shall be similarly stayed or
enjoined.
Section 13. The Council shall, by resolution, set a fee for application for a and
use certificate for a cyber cafe. Until such fee is set, the applications fee shall be the
minimum fee currently established for any land use certificate application.
Section 14. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is 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 15. The city clerk shall certify to the adoption of this ordinance and
cause the same to be published in the manner prescribed by law.
ADOPTED this 3rd day of September, 2002.
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
Kyle~. Ode~te -'
Dep~ City Attorney
Ordinance No. NS-2513
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AYES:
NOES:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
Councilmembers: Alvarez, Bist, Franklin, McGuigan, Pulido. Solodo (6~
Councilmembers: None (0)
None (0}
Christy (1)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby 'attest to and certify the
attached Ordinance No. NS-2513 to be the original ordinance adopted by the City
Council of the City of Santa Ana on September 31 2002 ~/~, ~ ,,~
Date:
'/ ' Clerk of the Council
City of Santa Ana
Ordinance No. NS-2513
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