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CITY OF SAN LEANDRO <br />`-' STAFF REPORT <br />DATE: August 31, 1998 <br />TO: John Jermanis, City M ager <br />FROM: Stephen Emslie, <br />Interim Developme Services Director <br />BY: Leslie Gould, Interim Planning Manager <br />Elizabeth Greene, Project Planner <br />SUBJECT: Regulation of Adult -Oriented Businesses <br />APPROVED AND FORWARDED <br />TO CITY COUNCIL <br />rry <br />Jo ermanis MC) <br />C anager <br />0�. <br />anc �0l0 — <br />1�2—01 � <br />SUMMARY AND RECOMMENDATION <br />In response to recent court cases, staff has developed ordinances for the Zoning and <br />Municipal Codes to regulate adult -oriented businesses with ordinances which would <br />protect the community with the strongest regulations possible and respond to recent court <br />decisions. These new provisions were reviewed by the Planning Commission at their <br />June 25, 1998 and July 23, 1998 meetings. The Planning Commission is forwarding <br />these ordinances to the City Council with the following recommendation: <br />• Adopt the proposed ordinances as revised by the Planning Commission. <br />Planning Commission Vote: <br />MSC-(Reed/Mahoney)(5 ayes) <br />BACKGROUND <br />The courts have long held that adult -oriented businesses are protected by the First <br />Amendment rights to free speech. As such, cities may not prohibit adult businesses from <br />locating within their jurisdiction. In recent years, however, First Amendment <br />interpretations regarding to adult -oriented businesses have changed substantially. Recent <br />court decisions relating to adult businesses revolve around two basic principles: "de <br />facto' prohibitions and adequate number of sites. Cities may not enact zoning <br />requirements or performance standards that result in a "de facto' prohibition by reducing <br />the number of potential sites to zero. Cities must also provide an adequate number of <br />sites in which adult businesses can locate. The number of sites which constitutes an <br />53 <br />