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75C - PH - EXTEND MORT CYBER CAFE
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75C - PH - EXTEND MORT CYBER CAFE
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Last modified
11/15/2018 9:21:53 PM
Creation date
11/15/2018 9:19:41 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75C
Date
11/20/2018
Destruction Year
2023
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Section 2.Extension of Moratorium and Findings. <br />A. In accordance with the authority granted to the City of Santa Ana under <br />Government Code Section 65858, from and after the date of this Ordinance, no use <br />permit, variance, building permit, business license or other applicable entitlement for <br />use shall be approved or issued for a cyber cafe or internet access business for a <br />period extending through and including October 15, 2019, pending the completion of <br />zoning or other regulations that are needed to alleviate a current and actual threat to <br />the public health, safety and welfare. <br />B. In addition, no property in any zone of the City is to be used for purposes <br />of a cyber cafe or internet access business for a period extending through and <br />including October 15, 2019. The use of any property for such purpose shall be <br />deemed a public nuisance. Any violation of this provision shall be treated as a <br />violation of Section 1-8 of the Santa Ana Municipal Code. <br />C. This Ordinance is an interim urgency ordinance adopted pursuant to the <br />authority granted to the City of Santa Ana by Government Code Section 65858, and <br />is for the immediate preservation of the public health, safety, and welfare. The City <br />Council hereby FINDS and DETERMINES as follows: <br />(1) The City has received an increased number of public nuisance <br />complaints emanating from cyber cafes and internet access businesses in recent <br />weeks, involving the following: <br />(a) Even where cyber cafes and internet access businesses utilize lawful <br />sweepstakes features, these businesses have created adverse <br />impacts on public health, safety and welfare, including a dramatic <br />increase in crime including serious and violent crimes such as loitering, <br />illegal drug use and sales, burglaries, assaults, fights, theft, robbery, <br />public intoxication, vandalism, property damage, weapons offenses, <br />and other criminal activity in and around cyber cafes and internet <br />access business, as well as increased pedestrian traffic, noise, parking <br />violations, and other nuisance activities. These businesses have also <br />resulted in a tremendous increase and demand for police response. <br />(b) The City of Santa Ana and neighboring cities have experienced serious <br />adverse impacts due to the unique manner in which cyber cafes and <br />internet access businesses operate the "sweepstakes" games. <br />Customers may occupy a particular computer system for multiple <br />hours, creating lines and people congregating or loitering while waiting <br />for a computer. Parking availability may also be impacted due to <br />extended periods of game playing, and such businesses have also <br />Ordinance No. NS - <br />Page 3 of 7 <br />75C-7 <br />
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