Laserfiche WebLink
"retail," what that would include, and whether that would include a bank or a mortgage <br />company or a beauty salon. <br />Mr. Weinstein replied that there is actually no definition of "retail" in the Municipal Code, <br />so in this case, staff will interpret projects that are going to be using this tenant space <br />and decide whether the use is retail or not. He indicated that, generally speaking, the <br />use is going to have to be substantially selling products as a primary function; so, a <br />salon that happens to sell hairspray would not be considered retail; nor would a bank or <br />anything else that does not devote the vast majority of that retail space to actually <br />selling things. He clarified that if the primary use is a service use, then it would not be <br />something that would be allowed in a retail space. <br />Chair Allen inquired if staff included a condition that defined retail and specifically what <br />the uses would be. <br />Mr. Luchini: replied that there are no defined uses. He stated that anything allowed by <br />the current C -C zoning could potentially go in there, and there are no proposed changes <br />at this time. He noted that as earlier mentioned by Mr. Weinstein, staff will evaluate the <br />uses on a case -by -case basis. He added that if the Commission felt inclined, it could <br />add a condition that would restrict those uses. <br />Chair Allen noted that at the Work Session, the Commission indicated that retail was <br />important and distinguished it from office and a bank and a mortgage company. She <br />questioned if there was the capability to manage that and if, in fact, should the <br />Commission decide to approve this project, the Commission could be sure that the <br />space really would be retail in the way the Commission talked about it. <br />Mr. Beaudin stated that staff understands the intent, that it is pedestrian- oriented, <br />active, and commercial goods exchanged. He added that there were some concepts <br />brought up tonight that staff could certainly turn into a condition if the Commission so <br />desired. <br />Commissioner Balch inquired if "commercial" is defined in the Municipal Code. <br />Mr. Weinstein said no. He explained that typically through the planning realm, <br />"commercial" is used in a slightly different way than a lot of other people in the world; <br />is used to indicate non - retail which also is not defined. <br />Chair Allen commented that it sounds like there are no definitions in the Municipal Code <br />for any of the things being talked about. <br />Mr. Beaudin stated that staff is looking right now at an administrative draft that would <br />comprehensively update the use tables and definitions for the Zoning Code. He added <br />that the Downtown Specific Plan will also be updated in the spring to try and bring some <br />clarity to some of these finer points. <br />Commissioner O'Connor commented that "retail" would be those that include sales tax <br />dollars. <br />PLANNING COMMISSION MINUTES, December 9, 2015 Page 13 of 40 <br />