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REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 1, 2019 TITLE: PUBLIC HEARING — ZONING ORDINANCE AMENDMENT NO. 2019-04 AMENDING SECTIONS 41-45, 41-198.200, 41-365, 41- 377, AND 41-424 OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE PROHIBITING CYBER CAFES AS A PERMITTED USE CITY-WIDE {STRATEGIC PLAN NO. 5,41 /s/ Kristine Ridge! CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2i1 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve Zoning Ordinance Amendment No. 2019-04 prohibiting cyber cafes as a permitted use city-wide. PLANNING COMMISSION ACTION At its regular meeting on September 9, 2019, and after conducting a public hearing on the item, the Planning Commission recommended that the City Council approve Zoning Ordinance Amendment (ZOA) No. 2019-04 by a vote of 4:0 (Nguyen Absent). DISCUSSION On October 16, 2018, the City Council adopted Urgency Ordinance No. NS-2956 establishing a 45-day moratorium on the approval, commencement, establishment, operation, relocation or expansion of cyber cafes within the City. On November 20, 2018, the City Council extended the moratorium (Ordinance No. NS-2961) for an additional ten months and 15 days to allow staff time to analyze cyber cafes and provide an enforcement plan and recommendations on whether to adopt a regulatory ordinance permitting such establishments, institute operational guidelines, or adopt an outright ban on cyber cafes. Since the adoption of the moratorium, there have been additional incidents at and/or near cyber cafes. One incident involved an altercation and the shooting of a female victim in the parking lot of a business providing internet access and illegal gaming. Another incident involved the arrest of documented gang members by Santa Ana Police Department (SAPD) for firearm violations and gang enhancements at a cyber cafe. 75B-1