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Ordinance No. NS-XXXX <br />Page 6 of 7 <br /> <br /> <br />(k) Cyber cafes subject to compliance with the requirements of Section 41- <br />198.200. <br /> <br />(Ik) Gymnasiums and health clubs. <br /> <br /> <br /> Section 7. The proposed ordinance has been reviewed with respect to the <br />applicability of the California Environmental Quality Act (“CEQA”) and the CEQA <br />Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project <br />is exempt from CEQA as it can be seen with certainty that there is no impact on the <br />environment [Section 15061(b)(3)] and a Notice of Exemption (Environmental Review <br />No. 2019-68) will be filed upon adoption of this ordinance. <br /> <br />Section 8. If any section, subsection, sentence, clause, phrase or portion of <br />this ordinance for any reason held to be invalid or unconstitutional by the decision of <br />any court of competent jurisdiction, such decision shall not affect the validity of the <br />remaining portions of this ordinance. The City Council of the City of Santa Ana hereby <br />declares that it would have adopted this ordinance and each section, subsection, <br />sentence, clause phrase or portion thereof irrespective of the fact that any one or more <br />sections, subsections, sentences, clauses, phrases, or portions be declared invalid or <br />unconstitutional. <br /> <br />Section 9. The City Council of the City of Santa Ana hereby adopts an <br />ordinance amending Sections 41-45, 41-198.200, 41-365, 41-377 and 41-424 of <br />Chapter 41 (Zoning) of the Santa Ana Municipal Code prohibiting the establishment of <br />cyber cafés as a permitted use Citywide. This approval was based upon the evidence <br />submitted at the above said hearing, which includes, but is not limited to: the Request <br />for City Council Action dated October 1, 2019, and exhibits attached thereto; and the <br />public testimony, all of which are incorporated herein by this reference. <br /> <br /> <br /> <br />ADOPTED this ______ day of ______________, 2019. <br /> <br /> <br /> <br /> _______________________ <br /> Miguel A. Pulido <br /> Mayor <br /> <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho <br />City Attorney <br /> <br />By:________________________ <br /> Lisa Storck <br /> Assistant City Attorney <br /> <br />