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Attachment
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ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LAKE FOREST, CALIFORNIA, AMENDING
VARIOUS SECTIONS OF THE LAKE FOREST
MUNICIPAL CODE RELATED TO THE REGULATION
OF CYBER CAFÉS AND THRIFT STORES
WHEREAS, in 2003, cyber cafés were an emerging form of business that in many instances catered to the youth who were interested in playing computer/video games. At the time, cyber cafes in other jurisdictions, such as Garden Grove, Placentia, Los Alamitos and Los Angeles County cities reported experiencing an escalation of minor and major crimes in conjunction with cyber cafes; and
WHEREAS, in 2003, the City Council approved an ordinance regulating establishments that provided the public with access to the internet (“Cyber Café Ordinance”) to help deter and prevent crimes and criminal activity from occurring at and around Cyber Cafes; and
WHEREAS, in the last two decades, Lake Forest did not experience an escalation of minor or major crimes in conjunction with cyber cafes; and WHEREAS, this modern-day environment presents a dramatically altered regulatory environment from the one in which the Cyber Café Ordinance was enacted; and
WHEREAS, as written in Chapter 5.34, the Cyber Café Ordinance imposes unintended barriers on new types of computer related businesses; and WHEREAS, the City desires to modernize the Lake Forest Municipal Code to remove these unintended barriers; and
WHEREAS, in 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2632 (“AB 2632”), which imposes new limitations on how local agencies may regulate thrift stores that sell secondhand or donated clothes; and
WHEREAS, the City initiated Zoning Code Amendment 03-25-5781 (“ZC 03- 25-5781”) to update various sections of the Lake Forest Municipal Code related to cyber cafes and thrift stores, as described in this Ordinance; and 55136.00000\43583108.1
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WHEREAS, on April 17, 2025, the City gave public notice for Planning Commission public hearing for ZC 03-25-5781 by publishing the required notice in a newspaper of general circulation and posting the notice at City Hall; and WHEREAS, on April 24, 2025, the Director of Community Development made the draft ordinance available for public inspection in the Department of Community Development offices and supplied it at cost to all persons desiring a copy, at least ten days before a scheduled Planning Commission public hearing date in accordance with Section 9.196.020 of the Municipal Code; and WHEREAS, on May 8, 2025, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning ZC 03-25-5781 and adopted a resolution recommending that the City Council adopt ZC 03-25-5781; and WHEREAS, on May 22,2025 the City gave public notice of the City Council public hearing for ZC 03-25-5781 by publishing the required notice in a newspaper of general circulation and posting the notice at City Hall; and WHEREAS, on May 28, 2025, the City Clerk made the ordinance and all relevant documents available for public inspection in the City Clerk’s office, at least five days before the scheduled City Council public-hearing date in accordance with Section 9.196.020 of the LFMC; and
WHEREAS, on June 3, 2025 the City Council held a noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning ZC 03-25-5781; and
WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
FOREST DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The City Council hereby finds and determines that the Recitals above are true and correct and incorporated herein.
SECTION 2. CEQA. The City Council finds ZC 03-25-5781 is not subject to the California Environmental Quality Act ("CEQA") pursuant to the following sections of the State CEQA Guidelines:
Pursuant to State CEQA Guidelines section 15060(c)(2), an activity is not subject to CEQA if the activity will not result in a direct or reasonably 55136.00000\43583108.1
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foreseeable indirect physical change in the environment. Here, ZC 03-25- 5781 will eliminate all cyber café regulations and amends regulations related to thrift stores. Neither of these actions cause a direct or reasonably indirect physical change in the environment because such actions do not authorize or prompt any development or physical changes to the environment. Thus, section 15060(c)(2) applies to ZC 03-25-5781 and no further action is therefore required.
Additionally, under State CEQA Guidelines section 15060(c)(3), an activity is not subject to CEQA if the activity is not a project as defined in Section 15378(a). Under Section 15378(a), a project is an action that has the potential for resulting in in a direct or reasonably foreseeable indirect physical change in the environment. As discussed above, ZC 03-25-5781 will eliminate all cyber café regulations and amends regulations related to thrift stores. Neither of these actions cause a direct or reasonably indirect physical change in the environment because such actions do not authorize or prompt any development or physical changes to the environment.
Therefore, ZC 03-25-5781 does not constitute a project as defined by CEQA and no further action is therefore required
ZC 03-25-5781 also qualifies for the common sense exemption under Section 15061(b)(3). Under Section 15061(b)(3), CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, the Ordinance does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment because it involves the removal of regulations for cyber cafes, and clarifications to regulations related to thrift stores and donation centers in accordance with California Assembly Bill 2632. Therefore, it can be seen with certainty that there is no possibility that ZC 03-25-5781 may have a significant effect on the environment. As a result, ZC 03-25-5781 is not subject to CEQA.
SECTION 3. General Plan. Based on the entire record before the City Council, and all written and oral evidence presented, the City Council hereby finds that this ordinance is consistent with the City’s adopted General Plan. Specifically, the ordinance implements the following General Plan implementation actions:
•LU-1b Review the standards provided in the Zoning Ordinance (Title 9 of the Lake Forest Municipal Code) and amend as necessary for consistency with 55136.00000\43583108.1
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General Plan policies and desired uses consistent with the City’s General Plan land use designations.
•LU-2c Periodically review and amend (as needed) the Zoning Ordinance, City Subdivision Regulations, and Grading Regulations to provide consistency with new state legislation and court decisions. Review and amend Zoning Ordinance to clarify permitted and conditionally permitted uses in all districts.
•ED-3b Review, and update as necessary, zoning and other development regulations and application review and permitting process in order to ensure consistency with land use policies in this General Plan aimed at spurring job growth and economic development. Revisions may include increased flexibility regarding use types, business operations, site development standards, reduced parking standards near transit stations, or other changes intended to reduce impediments to development consistent with the goals of this General Plan.
SECTION 4. Code Amendment. Chapter 5.34 of the Lake Forest Municipal Code, titled “Cyber Cafés,” is hereby repealed in its entirety.
SECTION 5. The definitions for “Cyber Café” and “Internet Café” are hereby amended in their entirety from Section 9.04.030 (D) (Definitions) of the Lake Forest Municipal Code to the following:
Cyber Café: See “Digital Entertainment.”
Internet Café: See “Digital Entertainment.”
SECTION 6. Section 9.04.030(D) (Definitions) of the Lake Forest Municipal Code is hereby amended to add the following definitions:
Digital Entertainment: An establishment whose primary business is entertainment, that provides more than four computers and/or electronic devices to its users for compensation, including but not limited to memberships, for any or all of the following activities:
(1) Playing video games;
(2) Internet Access; and
(3) Access to other computer software programs.
The term “digital entertainment” shall also include a “cyber café,” “internet café,” and “Esports.” Digital entertainment does not include businesses where personal computer access is incidental to the permitted use, schools, educational tutoring, or public agencies.
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Esports: See “Digital Entertainment.”
SECTION 7. Subsection A of Section 9.72.090 (Land Use Matrix) and Section 9.73.065 (Mixed-Use Land Use Matrix) of the Lake Forest Municipal Code is hereby amended to delete the entry for “Cyber Café”.
SECTION 8. Subsection A of Section 9.72.090 (Land Use Matrix) of the Lake Forest Municipal Code is hereby amended to add the use for “Digital Entertainment” as follows:
Use C I PA UA CAN A1 OS
Digital Entertainment P X X P X X X
SECTION 9. Section 9.73.065 (Mixed-Use Land Use Matrix) of the Lake Forest Municipal Code is hereby amended to add the use for “Digital Entertainment” as follows:
Use MU 32 MU 43 MUO UI 25 UI 43
Digital Entertainment P P P P P
SECTION 10.Section 9.04.030 (D) (Definitions) of the Lake Forest Municipal Code is hereby amended to amend the definitions for “Donation Center, Attended” and “Thrift Store,” in their entirety, as follows:
Donation Center, Attended: An attended facility for the collection of re-usable goods for distribution, sale or reuse, that is not attached to or part of a thrift store.
Thrift Store: a retail store and related donation facilities engaged primarily in the sale of secondhand clothing, shoes, apparel, toys, and standard household goods, including furniture, fixtures, and small household appliances, and the collection of those goods for resale. “Thrift store” does not include the sale of large household appliances such as refrigerators or stoves, the sale of cars or anything automotive-related, pawnbrokers, attended donation centers, or donation collection boxes.
SECTION 11. Subsection A of Section 9.72.090 (Land Use Matrix) of the Lake Forest Municipal Code is hereby amended to amend the entry for “Thrift Store,” and amend footnote 11, in their entirety, as follows:
Use C I PA UA CAN A1 OS
Thrift Store P11 A1,11 X P11 X X U11
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Footnotes
1. The accessory use shall be incidental, related and clearly subordinate to the main use of the lot or building. Must not comprise more than 15% of the total floor area of principal use.
…
11. Subject to regulations in Section 9.146.200 (Thrift Stores).
SECTION 12. Section 9.73.065 (Mixed-Use Land Use Matrix) of the Lake Forest Municipal Code is hereby amended to amend the entry for “Thrift Store,” and amend footnote 10, in their entirety, as follows:
Use MU 32 MU 43 MUO UI 25 UI 43
Thrift Store P10 P10 P10 P10 P10
Footnotes
10. Subject to regulations in Section 9.146.200 (Thrift Stores).
SECTION 13. Title 9 of the Lake Forest Municipal Code is hereby amended to add Section 9.146.200 (Thrift Stores), to read in its entirety as follows:
9.146.200 Thrift Stores.
A. Purpose. The purpose of this section is to comply with California Government Code Section 65630 et seq., while properly regulating thrift stores to ensure compatibility with the surrounding neighborhood.
B.Applicability. The provisions of this Section shall apply to thrift stores, as defined in Section 9.04.030(D). This Section shall not apply to pawn shops, attended donation centers, and donation collection boxes, as defined in Section 9.04.030 (D).
C.Standards. All Thrift Stores shall conform to the following standards:
1. The delivery and storage of goods or donations must be conducted inside the building.
2. Donations can only be accepted during business hours.
3. The donation process must be supervised and operated by employees of the Thrift Store.
4. Any donated or discarded items left outside the building must be immediately removed.
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SECTION 14. The City Council’s actions are made upon review of the Planning Commission’s recommendation, the Staff Report, all oral and written comments, and the documentary evidence presented on the Ordinance.
SECTION 15. Effective Date. This ordinance takes effect 30 days following its adoption.
SECTION 16. Severability. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable. The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof.
SECTION 17. Certification. The City Clerk is directed to certify to the adoption of this ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation available within the City of Lake Forest, and to post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk in accordance with California Government Code section 36933.
SECTION 18. Record of Proceedings. The documents and materials that constitute the record of proceedings on which this ordinance and the above findings are located at the City Clerk’s office at 100 Civic Center Drive, Lake Forest, CA 92630.
PASSED, APPROVED, AND ADOPTED this ______ day of _______, 2025.
SCOTT VOIGTS
MAYOR
ATTEST:
THY MERRITT
ACTING CITY CLERK
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APPROVED AS TO FORM:
MATTHEW E. RICHARDSON
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF LAKE FOREST )
I, Thy Merritt, Acting City Clerk of the City of Lake Forest, do hereby certify that the foregoing Ordinance No. _______ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the ___ day of ________, 2025, and thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the ___ day of _____ 2025, by the following vote, to wit:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
THY MERRITT
ACTING CITY CLERK