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employed in this ordinance, adverse secondary effects such as an increase in crime and a decrease in property values. Regulations for cyber cafes should be developed to prevent crime and other secondary effects before the problem exists, rather that waiting for problems to be created. All previsions of the Santa ^na Municipal Code, which are repeated herein, are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. On August 12, 2002 the Planning Commission unanimously voted to recommend the City Council adopt this ordinance. Section 2. The City Council has reviewed and considered the information contained in the initial study and the negative declaration prepared with respect to this Ordinance. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of this Ordinance. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the negative declaration and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1 ), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. Section 41-45 is added to Chapter 41 of the Santa Ana Municipal Code to read in full as follows: Sec. 41-45. Cyber Cafe. "Cyber cafe" shall mean an establishment that provides more than six (6) computers and/or other electronic devices for access to the Internet, e-mail, video games or computer software programs which are networked Ordinance No. NS-2513 Page 3 of 12