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Zoning Ordinance Amendment No. 2019-04 September 9, 2019 Page 2 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 SAPID for firearm violations and gang enhancements at an approved cyber cafe. Analysis of the Issues The cyber cafe moratorium has provided staff the ability to consider all aspects of a cyber cafe business. Staff from the Planning Division, Code Enforcement Division and Police Department have analyzed the City's current regulations and reviewed regulations from other cities that have similar cyber cafe uses. In order to protect and preserve the public health, safety and welfare of the City and its residents, staff has determined that an outright prohibition of cyber cafes citywide is the best option to address the myriad of concerns. The proposed ordinance amendment will prohibit the establishment of new cyber cafes in the City and will prohibit the relocation or expansion of any legally operating cyber caf6. Further, all existing cyber cafes that were legally established prior to the date of the urgency moratorium will be allowed to continue to operate and will be subject to the City's non -conforming ordinance. The proposed ordinance will not affect those businesses where computer access is incidental to the permitted use, such as reproduction businesses (i.e. Fed Ex Office and Staples). In addition, this ordinance will not affect cyber learning centers in any manner. As defined in Section 41-46 of the SAMC, cyber learning centers are establishments that provide computer access to the general public without monetary charge and which are operated by a government entity, a school district, or by a non-profit organization. Table 1: CEQA, Strategic Plan Alignment and Public Notification & Community Outreach CEQA CEQA Type Exempt per Section 15061 b 3 Reason(s) In accordance with the California Environmental Quality Act (CEQA), the Exempt or Analysis recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. As it can be seen with certainty that there is no possibility that this code amendment may have a significant effect on the environment, therefore, the activity is not subject to CEQA. Strategic Plan Alignment Goal(s) and Approval of this item supports the City's efforts to meet Goal No. 5 — Community Policy(s) Health, Livability, Engagement & Sustainability, Objective No. 4 (support neighborhood vitality and livability). Public Notification & Community Outreach Required A notice of hearing was published in the Orange County Register. Measures Additional The proposed amendments are citywide and the project site is not located within the Measures boundaries of one single neighborhood association. 75B-12