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A-98-2 August 31, 1998 Staff Report Page 2 of 4 "adequate number" for a particular city may be based on population, percentage of land designated as potential sites, or a combination of the two. In order to revise the Zoning Code to reflect these changes, the City Council placed a moratorium on adult -oriented u businesses locating in San Leandro. This moratorium expired May 20, 1998. Staff worked to develop new ordinances that would protect the community with the most stringent regulations possible and comply with legal requirements. Staff determined that the Zoning and Municipal Codes would need to be revised in two major areas: 1) the sites available for the location of adult -oriented businesses, and 2) the manner in which adult - oriented businesses are approved. The current Code states that adult -oriented businesses are conditionally permitted only in the CG Commercial General District and requires that they be at least 400 feet away from any residential district, school, church, park or other adult -oriented business. The only CG District in the City is currently located next to a church and is within 400 feet of a residential district, thus resulting in a de facto prohibition of adult -oriented businesses in San Leandro. This type of situation has been struck down in the courts as illegal; cities are required to provide a "genuine opportunity" for adult entertainment to locate by providing areas of adequate quantity and quality. The manner in which adult -oriented businesses are permitted was also scrutinized. For any business to be granted a Conditional Use Permit in the City of San Leandro, findings must be made that the use will not be detrimental to the public health, safety or welfare or to the neighboring properties. With all of the evidence regarding the ill effects of adult - oriented businesses on communities, these findings could never be made, again creating a prohibition against such businesses from locating in San Leandro. On April 20, 1998, staff brought a proposal before the City Council after the Planning Commission had considered it at their March 26, 1998 meeting. At the Council's hearing, the Council decided that the issue needed more public input and asked staff to hold more public hearings. Staff held a community workshop on June 25, 1998 and additional Planning Commission meeting on July 23, 1998. Notices for these hearings were sent to all property owners within 1000 feet of potential sites, all schools, churches, daycares and homeowners associations in the city as well as all school board members and individuals who spoke at previous hearings or communicated with staff. The meetings were also advertised with a legal ad in the Daily Review and a City Corner ad in the San Leandro Times. Acting on a suggestion made at the April 20th City Council meeting, staff also enlisted the assistance of an organization, the National Family Legal Foundation (NFLF), to assist the City in developing strong regulations for adult -oriented businesses and evaluate the ordinances for legal soundness and strength. The ordinances have been revised to reflect the suggestions recommended by both the NFLF and the public. _ 54