HomeMy WebLinkAboutNS-2977 - Amending Sections 41-45, 41-198.200, 41-365, 41-377, and 41-424 of Chapter 41 (Zoning)...LS 10.15.19
ORDINANCE NO. NS-2977
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA 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
CITYWIDE
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The City of Santa Ana has witnessed a proliferation of cyber cafe businesses
that has resulted in an increased number of public nuisance complaints
emanating from such establishments in recent years, involving the following:
(1) A documented increase in crime including serious and violent
crimes such as loitering, illegal gambling, illegal drug use and sale,
burglaries, assaults, fights, theft, robbery, public intoxication,
vandalism, property damage, weapons offenses, and other criminal
activities in and around cyber cafe establishments, as well as
increased pedestrian traffic, noise, parking violations, and other
nuisance activities which have resulted in a documented increase
and demand for police responses.
(2) The City has experienced serious adverse impacts due to the
unique manner in which cyber cafe businesses operate the
"sweepstakes" games. Customers occupy a computer for hours
which results in waiting lines and people congregating or loitering
outside the establishment. The long game times and often late
night hours have also increased demand for police response
regarding noise complaints, criminal activity including fights, drug
sales, and adverse gang activity affecting surrounding residential
neighborhoods and commercial centers.
(3) Crime statistics and calls for service in the City have increased in
areas where cyber cafes have been established. The Santa Ana
Police Department (SAPD) identified 460 cyber cafe related
incidents occurring between January 2018 and September 2018
throughout the City. These incidents include criminal arrests such
as possession of firearms, narcotics and stolen vehicles and
parole/probation violations. Since January of this year, SAPID has
responded to a noticeable increase of calls for service and officer
generated activities.
Ordinance No. NS-2977
Page 1 of 7
(4) SAPID has spent a significant amount of resources and time
conducting surveillance operations around cyber cafes. It was also
found that this type of business primarily attracts clientele involved
in criminal activity. Enforcement checks on cyber cafes and of
customers entering or leaving such locations often result in drug
related arrests, evidence of drug trafficking, illegal gambling and
gaming and an influx of individuals on probation, parole, or wanted
subjects. There has also been prostitution related activity occurring
in nearby parking lots and surrounding areas.
B. 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. On November 20, 2018, the City Council extended said moratorium
(Ordinance No. NS-2961) for an additional ten (10) month and fifteen (15) day
period.
C. The Planning Division, Code Enforcement Division and Police Department
staff have analyzed the City's current regulations and other cities' regulations
pertaining to cyber cafes and have determined that in order to protect and
preserve the public health, safety and welfare of the City and its residents,
prohibiting cyber cafes citywide will mitigate one potential path for engaging in
these illegal activities. The proposed ordinance amendment will prohibit the
establishment of new cyber cafes in the City.
D. On September 9, 2019, the Planning Commission held a duly noticed public
hearing and voted to recommend that the City Council adopt Zoning
Ordinance Amendment No. 2019-04 prohibiting cyber cafes.
E. The City Council, on October 1, 2019, held a duly noticed public hearing on
this ordinance and has considered all testimony presented thereto.
F. All provisions of the Santa Ana Municipal Code (SAMC) 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 of decision of the City Council, but rather such
provisions are repeated for tracking purposes only in conformance with the
Charter.
Section 2. Section 41-45 (Cyber Cafe) of Chapter 41 of the SAMC is hereby
amended to read as follows:
Sec. 41-45. — Cyber Cafe.
Cyber cafe shall mean an establishment whose primary purpose is to provide
computers and/or other electronic devices for access to the Internet, e-mail or
Ordinance No. NS-2977
Page 2 of 7
computer software programs which are networked (via LAN or WAN) or which
function as a client/server program, and which seeks compensation in any form
from users. Cyber cafe is synonymous with PC cafe, internet cafe or cyber
centers, but does not include a cyber learning center as defined in Section 41-46
or recreational or entertainment uses as defined in Section 41-142.
Section 3. Section 41-198.200 (Cyber Cafes) of Chapter 41 of the SAMC is
hereby amended to read as follows:
Sec. 41-198.200. — Cyber Cafes - Prohibited.
For the purpose of preserving public health, safety and general welfare, cyber
cafes as defined by Section 41-45 are prohibited within any zone or district in the
City.
Section 4. Section 41-365 (Uses Permitted in the C1 District) of Chapter 41 of
the SAMC is hereby amended to read as follows:
Sec. 41-365. - Uses permitted in the C1 district.
The following uses are permitted in the C1 district:
(a) Retail and service uses.
(b) Professional, administrative and business offices.
(c) Automobile parking lots and parking structures.
(d) Automobile sales, but excluding truck, trailer, tractor and boat sales.
(e) Churches and accessory church buildings.
(f) Mortuaries.
(g) Theaters.
(h) Hospitals, clinics, and sanitariums.
(i) Animal hospitals and veterinaries.
(j) Plant nurseries.
(k) Gymnasiums.
(1) Golf courses, both regulation and miniature, and driving ranges.
(m) Public utility structures, including electric distribution and transmission
substations.
Ordinance No. NS-2977
Page 3 of 7
(n) Restaurants, cafes, and eating establishments, other than those specified
in Section 41-365.5.
(o) Schools and studios operated for commercial or public purposes.
(p)
Childcare facilities.
(q)
Service stations.
(r)
Automobile servicing.
(s) Tattoo and/or body art establishments, subject to the development and
operational standards set forth in Section 41-199.3.
Section 5. Section 41-377 (Uses Permitted in the C2 District) of Chapter 41 of
the SAMC is hereby amended to read as follows:
Sec. 41-377. - Uses permitted in the C2 district.
The following uses are permitted in the C2 district.
(a) All uses which are permitted in the C1 district pursuant to Section 41-365.
(b) Automotive garages including body and fender repair, painting, and
engine replacement.
(c) Blueprinting, photo -engraving, including all types of reproduction
processes.
(d) Reserved.
(e) Equipment rental yards.
(f) Metal shops.
(g) Tire recapping.
(h) Wholesale establishments as follows:
(1) Automotive equipment, including parts and supplies for machinery.
(2) Drugs, chemicals and allied products excluding explosives and
industrial chemicals.
(3) Dry goods and apparel.
(4) Food products.
(5) Farm products.
Ordinance No. NS-2977
Page 4 of 7
(6) Electrical and plumbing supplies.
(7) Office equipment and supplies.
(i) Truck, trailer, tractor and boat sales.
0) Research institutions and laboratories.
(k) Adult entertainment businesses subject to compliance with the
requirements of article XVII of this Chapter.
Section 6. Section 41-424 (Uses Permitted in the C5 District) of Chapter 41 of
the SAMC is hereby amended to read as follows:
Sec. 41-424. - Uses permitted in the C5 district.
The following uses are permitted in the C5 district:
(a) Administrative and professional offices.
(b) Retail and service uses.
(c) Automobile parking lots, but excluding the sale or storage of automobiles,
trucks, trailers, boats, or tractors, whether new or used.
(d) Churches, chapels, mortuaries, and theaters.
(e) Government buildings.
(f) Restaurants and cafes, other than those specified in Section 41-424.5.
(g) Schools and studios operated for commercial or public purposes.
(h) Child care facilities.
(i) The printing, publishing, and circulation of a newspaper, including plant
and office.
(j) Two-family dwellings not exceeding one (1) unit per three thousand
(3,000) square feet of lot area, provided such units front on a secondary or
local street.
(k) Gymnasiums and health clubs.
Section 7. The proposed ordinance has been reviewed with respect to the
applicability of the California Environmental Quality Act ("CEQA") and the CEQA
Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project
is exempt from CEQA as it can be seen with certainty that there is no impact on the
Ordinance No. NS-2977
Page 5 of 7
environment [Section 15061(b)(3)] and a Notice of Exemption (Environmental Review
No. 2019-68) will be filed upon adoption of this ordinance.
Section 8. If any section, subsection, sentence, clause, phrase or portion of
this ordinance for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause phrase or portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 9. The City Council of the City of Santa Ana hereby adopts an
ordinance 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 the establishment of
cyber cafes as a permitted use Citywide. This approval was based upon the evidence
submitted at the above said hearing, which includes, but is not limited to: the Request
for City Council Action dated October 1, 2019, and exhibits attached thereto; and the
public testimony, all of which are incorporated herein by this reference.
ADOPTED this 15th day of October, 2019.
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: o C-
Lisa Storck
Assistant City Attorney
AYES:
NOES:
ABSTAIN:
Councilmembers Iglesias, Penaloza, Pulido, Sarmiento, Solorio.
Villegas (6)
Councilmembers
Councilmembers
NOT PRESENT: Councilmembers
*Ward 4 Representative Vacant
None (0)
None (0)
None (0)
Ordinance No. NS-2977
Page 6 of 7
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS-2977 to be the original ordinance adopted by the City Council of the
City of Santa Ana on October 15, 2019 and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:�ft A
Daisy Gomez
Clerk of the Council
City of Santa Ana
Ordinance No. NS-2977
Page 7of7