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Department for firearm violations and gang enhancements at an <br />approved Cyber Cafe. <br />(f) The City Council of the City of Santa Ana is concerned with increased <br />calls for service, increasing reports of violent criminal behavior and <br />related detrimental neighborhood effects associated with cyber cafes <br />and internet access businesses. The City of Santa Ana and <br />neighboring cities have experienced criminal activity associated with <br />cyber cafas and internet access businesses, such as loitering, illegal <br />drug activity, assaults, fights, theft, robbery, public intoxication, <br />vandalism, property damage, and other criminal activity such as gang <br />and prostitution related activity. <br />(2) After receiving complaints of this nature, the City has committed resources to <br />study the impacts of cyber cafes and internet access businesses on the surrounding <br />community. <br />(3) Absent the adoption of this extension of Urgency Ordinance No. NS -2956, the <br />continued existence of cyber cafes and internet access businesses in the City of Santa <br />Ana could result in an even greater increase in nuisance conditions which negatively <br />affect the health and safety of the community. <br />(4) As a result, it is necessary to extend the moratorium established pursuant to <br />Urgency Ordinance No. NS -2956 for ten months and fifteen days, on the issuance of <br />any entitlements permitting of cyber cafes and internet access businesses in the City, <br />pending completion of the City's study of the potential Impacts of cyber cafes and <br />internet access businesses, and possible amendments to the City's zoning ordinances. <br />(5) In addition, it is necessary to prohibit, as a public nuisance, the use of <br />property in any zone of the City for purposes of cyber cafes and internet access <br />businesses for the duration of the ten month and fifteen -day extension. <br />Section 3. Compliance with California Environmental Quality Act, The City <br />Council finds that this Ordinance is not subject to the California Environmental Quality <br />Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or <br />reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) <br />(the activity is not a project as defined in Section 15378) of the CEQA Guidelines, <br />California Code of Regulations, Title 14, Chapter 3, because it has no potential for <br />resulting in physical change to the environment, directly or indirectly; it prevents <br />changes in the environment pending the completion of the contemplated study of <br />impacts. <br />Section 4. Severability. If any sentence, clause, or phrase of this Ordinance, <br />or any part thereof is for any reason held to be unconstitutional, such decision shall not <br />affect the validity of the remaining portion of this Ordinance or any part thereof. The City <br />Council hereby declares that it would have passed each sentence, clause, or phrase <br />Ordinance No. NS - <br />Page 5 of 7 <br />75C-9 <br />