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Commission recommend to the City Council that staff initiate a "retail-only" ordinance for Downtown. Discussion ensued relating to the two businesses downtown that changed from retail to non-retail use. Al Bronzini, 719 Main Street, spoke in opposition of the ordinance being drafted. He noted this ordinance will create difficulties for business owners to rent and/or lease their property. He informed the Commission of his diligence in ensuring that space is provided to tenants who are compatible with the Downtown area. Art Tenbrink, concerned citizen, noted this is the wrong time for this ordinance and that ample infomuttion relating to the ordinance has not been received. He requested that the Commission delay providing a recommendation to the City Council until the Specific Plan is completed. He provided an overview of the benefits of retail and non-retail businesses being in close proximity for pedestrian usage. He requested that an analysis of pedestrian usage for retail and non-retail businesses be performed. Further, he inquired whether the use of businesses can be transferred when a business is sold. J. Michael Hosterman, 555 Peters Avenue, commented on the importance of business owners renting to retail businesses in this area. He requested there be clarification of issues when downtown properties are sold. Beverly Ales, 495 Linden Way, noted she is not in support of the ordinance being drafted. She commented on the inability of seniors to access second story businesses and the lack of elevators in the downtown area. In response to an inquiry by Commissioner Arkin, Mt. Swift commented on the ADA requirements for new and existing buildings. Ms. Sero noted that businesses in older buildings may be exempt from ADA requirements if they file an exemption based on economic feasibility. Further, that small office buildings less than 3,000 square feet on a second floor can request an exemption from ADA requirements. Warren Annis, 3429 Bemal Avenue, provided an overview of previous hardships in renting s!cmces in the downtown area. He expressed concern with the public notice not addressing side streets in the downtown area. Brad Hirst, 1811 Santa Rita Road, informed the Commission this issue has been examined several times. He provided an overview of the difficulties of renting buildings in the Downtown area in times of recession. He noted that the Downtown area needs cooperation and increased circulation, not restriction. Mr. Hirst commented on the uniqueness of the area due to there being only one Main Street. He stated that all retail uses in the Downtown area will impact parking and circulation. He requested that the Commission define "retail uses." Robert Byrd, Third Street, spoke in opposition to the ordinance being drafted and stated that if the "spirit" of the Downtown Specific Plan is met, there will only be retail businesses on Main PLANNING COMMISSION MINUTES May 24, 2000 Page 7