HomeMy WebLinkAboutNS-2961 - Emergency Ordinance of City Making Findings and Exending Moratorium on Approval, Commencement, Establishment, Operation, Relocation, or Expansion of Cyber Cafes and Internet Access Businesses Within City...LS 11.20.18
ORDINANCE NO. NS -2961
AN EMERGENCY ORDINANCE OF THE CITY OF SANTA
ANA MAKING FINDINGS AND EXTENDING THE
MORATORIUM ON THE APPROVAL, COMMENCEMENT,
ESTABLISHMENT, OPERATION, RELOCATION OR
EXPANSION OF CYBER CAFES AND INTERNET ACCESS
BUSINESSES WITHIN THE CITY FOR AN ADDITIONAL
TEN MONTHS AND FIFTEEN DAYS PENDING STUDY
AND ADOPTION OF REGULATORY AND ZONING
STANDARDS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of Santa Ana hereby finds, determines and
declares as follows:
A. As in other cities in California, there has been a proliferation of cyber cafes
and internet access businesses in the City of Santa Ana. Customers
purchase phone time in exchange for opportunities to win chances at
internet/network based sweepstakes prizes and money.
B. The current provisions of the Santa Ana Municipal Code allow cyber cafes in
specific zones, and sets forth the operational standards for such businesses.
The provisions of the Santa Ana Municipal Code require review, study, and
possible revision in order to respond to recent concerns relating to the
impacts of these internet access businesses and cyber cafe uses in the City.
C. On October 16, 2018, the City Council adopted Urgency Ordinance No. NS -
2956 establishing a forty-five (45) day moratorium on the approval,
commencement, establishment, operation, relocation or expansion of cyber
cafes and internet access businesses within the city, through November 30,
2018.
D. Since the City Council's approval of the moratorium on October 16, 2018,
there have been two additional serious incidents at and/or near cyber cafes
and internet access businesses. One involved an altercation and the
shooting of a female victim in an adjacent parking lot of a business allowing
internet access and possible illegal gaming. The second incident involved the
arrest of documented gang members by the Santa Ana Police Department for
firearm violations and gang enhancements at an approved cyber cafe.
E. In order to address the community's concerns regarding the negative impacts
associated with the operation of cyber cafes and internet access businesses,
Ordinance No. NS - 2961
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it is necessary for the City of Santa Ana to continue to study the potential
impacts such facilities may have on the public health, safety and welfare.
F. While no new regulations have been formulated or proposed in the brief time
since the adoption of the moratorium, progress has been made toward
identifying key stakeholders and logical next steps.
G. City staff, the Santa Ana Police Department, Code Enforcement, and the City
Attorney's office are continuing to conduct research into the possible and
likely impacts of regulating or outlawing cyber cafes and internet access
businesses in the City in order to mitigate such impacts.
H. City staff is continuing to gather factual data regarding the adverse impacts
experienced by other cities that permit cyber cafes and internet access
businesses. This information is currently being processed as a tool to draft
provisions for regulating cyber cafes and internet access businesses in the
City.
I. City staff continues to conduct research into the City's options for regulating
cyber cafes and internet access businesses. This research includes a review
of many city ordinances in California that either prohibit or regulate cyber
cafes and internet access businesses.
J. As a result, the City Council desires to extend the moratorium as it applies to
cyber cafes and internet access businesses for a period of ten (10) months
and fifteen (15) days (Government Code section 65858) to allow staff and the
City Council the opportunity to continue to research and select the best
course of action for the City's citizens and the community at large.
K. The City Council has determined that the circumstances and conditions that
led to the adoption of Ordinance No. NS -2956, which are set in the recitals of
Ordinance No. NS -2956, have not been alleviated as of the date of this
Urgency Ordinance and continue to create the concerns described in
Ordinance No. NS -2956.
L. Based on the foregoing, the City Council finds that issuing permits, business
licenses, or other applicable entitlements to individuals wishing to use their
property for the purposes of cyber cafes and internet access businesses, prior
to the City's completion of its study of the potential impact of such cyber cafes
and internet access businesses, would pose a current and immediate threat
to the public health, safety, and welfare, and that a temporary moratorium on
the issuance of such permits, licenses, and entitlements is thus necessary.
M. Based on the foregoing, the City Council finds that the use of property as a
cyber cafe and internet access businesses in any zone of the City prior to the
City's completion of its study of the potential impact of such cyber cafes and
internet access businesses is a public nuisance and poses a current and
immediate threat to the public health, safety, and welfare.
Ordinance No. NS - 2961
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Section 2.Extension of Moratorium and Findings.
A. In accordance with the authority granted to the City of Santa Ana under
Government Code Section 65858, from and after the date of this Ordinance,
no use permit, variance, building permit, business license or other applicable
entitlement for use shall be approved or issued for a cyber cafe or internet
access business for a period extending through and including October 15,
2019, pending the completion of zoning or other regulations that are needed
to alleviate a current and actual threat to the public health, safety and welfare.
B. In addition, no property in any zone of the City is to be used for purposes of a
cyber cafe or internet access business for a period extending through and
including October 15, 2019. The use of any property for such purpose shall
be deemed a public nuisance. Any violation of this provision shall be treated
as a violation of Section 1-8 of the Santa Ana Municipal Code.
C. This Ordinance is an interim urgency ordinance adopted pursuant to the
authority granted to the City of Santa Ana by Government Code Section
65858, and is for the immediate preservation of the public health, safety, and
welfare. The City Council hereby FINDS and DETERMINES as follows:
(1) The City has received an increased number of public nuisance
complaints emanating from cyber cafes and internet access businesses
in recent weeks, involving the following:
(a) Even where cyber cafes and internet access businesses utilize lawful
sweepstakes features, these businesses have created adverse
impacts on public health, safety and welfare, including a dramatic
increase in crime including serious and violent crimes such as loitering,
illegal drug use and sales, burglaries, assaults, fights, theft, robbery,
public intoxication, vandalism, property damage, weapons offenses,
and other criminal activity in and around cyber cafes and internet
access business, as well as increased pedestrian traffic, noise, parking
violations, and other nuisance activities. These businesses have also
resulted in a tremendous increase and demand for police response.
(b) The City of Santa Ana and neighboring cities have experienced serious
adverse impacts due to the unique manner in which cyber cafes and
internet access businesses operate the "sweepstakes" games.
Customers may occupy a particular computer system for multiple
hours, creating lines and people congregating or loitering while waiting
for a computer. Parking availability may also be impacted due to
extended periods of game playing, and such businesses have also
resulted in increased demand for police response, as well as increased
demand for maintenance of public streets and sidewalks. These late
night gaming sessions which extend play beyond typical commercial
Ordinance No. NS - 2961
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business hours may cause noise and related impacts on the
surrounding community as customers enter and exit these businesses
during the late night hours.
(c) Crime statistics and calls for service in the City of Santa Ana and
neighboring cities where cyber cafes and internet access businesses
are located are significantly higher since these establishments opened
for business. The Santa Ana Police Department identified 460
incidents occurring between January 1, 2018 and September 2018 at
various locations in the city. These incidents have included criminal
arrests to include the possession of firearms, possession of narcotics,
possession of a stolen vehicle, and parole / probation violations. Since
January of this year the Santa Ana Police Department has responded
to noticeable increase of calls for service and officer generated
activities. The Staff Report for this item, which is incorporated herein
by reference, includes these statistics and calls for service.
(d) Since the City Council's approval of the moratorium on October 16,
2018, there have been two additional serious incidents at and/or near
cyber cafes and internet access businesses. One involved an
altercation and the shooting of a female victim in an adjacent parking
lot of a business allowing internet access and possible illegal gaming.
The second incident involved the arrest of documented gang members
by the Santa Ana Police Department for firearm violations and gang
enhancements at an approved Cyber Cafe.
(e) The Police Department reports its officers have spent a significant
amount of time conducting surveillance operations around cyber cafes.
This type of business appears to attract clientele involved in criminal
activity. Several enforcement stops of customers entering or leaving
such locations have yielded drug related arrests, evidence of drug
trafficking, an influx of individuals on probation, parole, or wanted
subjects. There is also the possibility of prostitution related activity
gravitating to the parking lots and surrounding areas based on known
subjects being contacted at such locations who either have prior
arrests or contacts involving prostitution. Since the City Council's
approval of the moratorium on October 16, 2018, there have been two
additional serious incidents at and/or near cyber cafes and internet
access businesses. One involved an altercation and the shooting of a
female victim in an adjacent parking lot of a business allowing internet
access and possible illegal gaming. The second incident involved the
arrest of documented gang members by the Santa Ana Police
Department for firearm violations and gang enhancements at an
approved Cyber Cafe.
(f) The City Council of the City of Santa Ana is concerned with increased
calls for service, increasing reports of violent criminal behavior and
related detrimental neighborhood effects associated with cyber cafes
Ordinance No. NS - 2961
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and internet access businesses. The City of Santa Ana and
neighboring cities have experienced criminal activity associated with
cyber cafes and internet access businesses, such as loitering, illegal
drug activity, assaults, fights, theft, robbery, public intoxication,
vandalism, property damage, and other criminal activity such as gang
and prostitution related activity.
(2) After receiving complaints of this nature, the City has committed resources to
study the impacts of cyber cafes and internet access businesses on the surrounding
community.
(3) Absent the adoption of this extension of Urgency Ordinance No. NS -2956, the
continued existence of cyber cafes and internet access businesses in the City of Santa
Ana could result in an even greater increase in nuisance conditions which negatively
affect the health and safety of the community.
(4) As a result, it is necessary to extend the moratorium established pursuant to
Urgency Ordinance No. NS -2956 for ten months and fifteen days, on the issuance of
any entitlements permitting of cyber cafes and internet access businesses in the City,
pending completion of the City's study of the potential impacts of cyber cafes and
internet access businesses, and possible amendments to the City's zoning ordinances.
(5) In addition, it is necessary to prohibit, as a public nuisance, the use of
property in any zone of the City for purposes of cyber cafes and internet access
businesses for the duration of the ten month and fifteen -day extension.
Section 3. Compliance with California Environmental Quality Act. The City
Council finds that this Ordinance is not subject to the California Environmental Quality
Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)
(the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly; it prevents
changes in the environment pending the completion of the contemplated study of
impacts.
Section 4. Severability. If any sentence, clause, or phrase of this Ordinance,
or any part thereof is for any reason held to be unconstitutional, such decision shall not
affect the validity of the remaining portion of this Ordinance or any part thereof. The City
Council hereby declares that it would have passed each sentence, clause, or phrase
thereof, irrespective of the fact that any one or more sentence, clause, or phrase be
declared unconstitutional.
Section 5. Effective Date. This Ordinance shall become effective immediately
upon adoption if adopted by at a least four-fifths (4/5) vote of the City Council and shall
be in effect for period of ten months and fifteen days, extending through and including
October 15, 2019, unless extended by the City Council as provided for in the
Government Code.
Ordinance No. NS - 2961
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Section 6. Publication. The City Clerk shall certify to the adoption of this
Ordinance and cause it, or a summary of it, to be published once in a newspaper of
general circulation printed and published within the City of Santa Ana.
Section T Report. City staff is instructed to prepare the report required by
Government Code Section 65858(d) describing the measures taken to alleviate the
condition which led to this Ordinance's adoption for presentation to the City Council no
later than ten days prior to the expiration of this Ordinance.
Section 8. The Request for Council Action for this ordinance dated November
20, 2018, and duly signed by the Executive Director of the Planning and Building
Agency and/or Chief of Police shall, by this reference, be incorporated herein, and
together with this ordinance, any amendments or supplements, and oral testimony
constitute the necessary findings for this ordinance.
Section 9. Any ordinance declared by the City Council to be necessary as an
emergency measure for preserving the public peace, health and safety, and containing
a statement of the reasons for its urgency, may be introduced and adopted at one and
the same meeting if passed by the affirmative votes of at least four-fifths (4/5) vote of
the City Council members. Further, California Government Code Section 65858
authorizes the City Council to adopt an interim urgency ordinance, without following the
procedures otherwise required for the adoption of an ordinance, to protect the public
safety, health, and welfare, prohibiting any uses that may be in conflict with a
contemplated general plan, specific plan, or zoning proposal that the City Council,
Planning Commission or the planning department is considering or studying or intends
to study within a reasonable time.
Section 10. This ordinance shall have no further force and effect ten (10) months
and fifteen (15) days after adoption, unless subsequently, after public hearing, the City
Council members, by four-fifths (4/5) vote, extend this ordinance one more year.
Section 11. It shall be unlawful and a misdemeanor for any person to violate or
fail to comply with any provision of this ordinance. The violation of any provision of this
ordinance shall be punished as provided in Section 1-8 of the Santa Ana Municipal
Code.
Section 12. This ordinance is introduced, passed and adopted at one and the
same meeting and is thereafter immediately effective upon expiration of the original 45 -
day moratorium. The City Council finds that this ordinance is necessary to protect the
public safety, health and welfare.
Ordinance No. NS - 2961
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ADOPTED this 20t' day of November, 2018.
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By: - D'C' ' P�. ID LYll
`Lisa Storck
'Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
Benavides, Martinez, Pulido, Sarmiento,
Solorio, Tinaiero, Villegas (7)
None (0)
NOT PRESENT: Councilmembers None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS -2961 to be the original ordinance adopted by the City Council of the
City of Santa Ana on November 20, 2018.
Date: // 5'�18
Maria D. Huizar
Clerk of the Council
City of Santa Ana
Ordinance No. NS - 2961
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