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Zoning Ordinance Amendment No. 2019-04 October 1, 2019 Page 2 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 incidents associated to such businesses. 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 cafe. 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. However, to maintain their legal non -conforming status, all approved businesses must remain compliant with the Santa Ana Municipal Code (SAMC) and State laws. Any violation of the SAMC or State laws will result in the loss of the non -conforming status. The proposed ordinance will not affect those businesses where computer access is incidental to the permitted use, such as reproduction businesses (i.e. FedEx Office and Staples). In addition, this ordinance will not affect cyber learning centers in any manner. As defined in Section 41-46 of the Santa Ana Municipal Code, 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. STAFF RECOMMENDATION Based on the analysis provided within this report, staff recommends that the City Council approve Zoning Ordinance Amendment No. 2019-04. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. In accordance with the California Environmental Quality Act (CEQA), the subject action is exempt from further review pursuant to Section 15061(b) (3) of the CEQA Guidelines. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 — Community Health, Livability, Engagement and Sustainability; Objective #4 (Support neighborhood vitality and livability). 75B-2