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A-98-2 August 31, 1998 <br />Staff Report Page 4 of 4 <br />the maximum number of sites will go up to 10. These figures are comparable to other <br />cities which have been determined to have an adequate number of sites. <br />U The licensing requirements found in the new chapter of the Municipal Code will allow <br />the City to address the deleterious secondary effects of adult -oriented businesses without <br />infringing on the First Amendment rights of the businesses. The main requirements are: <br />• Require business permits, issued by the Police Chief, to operate an adult - <br />oriented business; <br />• Require registration and licensing of all employees, also issued by the <br />Police Chief; and <br />• Establish strict occupancy and design standards for the premises. <br />The changes to the Zoning Code and the Municipal Code are detailed in the revised <br />Executive Summary. <br />The Planning Commission expressed concern at their March 26th meeting regarding the <br />possibility of adult -oriented businesses on Marina Boulevard. This thoroughfare was the <br />focus of a new S Special overlay district to ensure that new uses are compatible with their <br />surrounding uses. In this case, the area west of the I-880 is meant to complement the <br />entryway to the Marina. Since an adult -oriented business is considered incompatible with <br />this objective, it was recommended that any properties in the S overlay district be <br />removed from consideration as potential sites for adult -oriented businesses. This <br />uremoved one potential site, but left another site, off of Verna Court, which is surrounded <br />by the S overlay district yet still eligible as a location for an adult -oriented business. In <br />order to prevent an incompatible use from locating in the middle of the S overlay district, <br />it is recommended that this parcel, highlighted on the attached maps, be included in the S <br />overlay zone. Staff will bring this issue to the City Council for separate approval. <br />CONCLUSION <br />The proposed changes to the Zoning and Municipal Codes will bring the City into step <br />with the current interpretations of the First Amendment. They will remove any perceived <br />infringements on free speech while providing the city protection against the adverse <br />secondary effects of adult -oriented businesses. <br />ATTACHMENTS <br />Exhibit A - Minutes from the Planning Commission Meeting, 7/23/98 <br />Exhibit B - Letter from Sheila Greene, representative, National Family Legal Foundation <br />Exhibit C - Executive Summary of Proposed Ordinances <br />Exhibit D - Parcel Map of Potential Sites <br />Exhibit E - Negative Declaration and Initial Study <br />�. G:Beth\Barry\8-31fyi.doc <br />56 <br />