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ATTACHMENT 5 P21-0033, Jennifer Van Wegen for Iron Horse Real Estate, 550 Main Street Appeal of the Director of Community Development's determination denying a Zoning Certificate application for an exception to the Active Ground Floor Use Requirement for Iron Horse Real Estate within a ground floor tenant space located at 550 Main Street. Zoning is C- C (Central Commercial) District, Downtown Revitalization, Active Ground-Floor Overlay, Core Area Overlay, Downtown Hospitality Central Core Area District. Planning and Permit Center Manager Melinda Denis presented the specifics of the item in the Agenda Report. Commissioner Allen asked if the active retail was active and when the real estate office opened. Ms. Denis stated retail was open but suggested asking the applicant when the real estate business opened. Commissioner Allen stated they were out of compliance in the gap period. She inquired about the definition of the 11 feet of retail and if the window ledge was included. Ms. Denis confirmed. Commissioner Allen stated the window ledge was 25- to 30-percent of the 11 feet. She expressed concern about the signage for the retail business. She discussed the shared space and asked if it was appropriate to define that portion of the 11 feet as dedicated to the retail component. Ms. Denis explained the definition and suggested the Commission could determine the means for measurement and whether the window display should be included. She stated the window was dedicated to retail products and included signage advertising the real estate office. Commissioner Allen asked if the parcel would be out of compliance if the retail component decreased or went away. Ms. Denis confirmed that the multiple use criteria would not be met and staff would work with the applicant and, if necessary, Code Enforcement. Commissioner O'Connor asked the nature of the retail component and if the business had a separate name. Commissioner Ritter asked if the primary use of business had to be active ground floor use. Ms. Denis stated the Code did not reference financials, only outlined the 25-percent requirement. She explained the planning process in determining the 25-percent. Assistant City Attorney Julie Harryman further clarified that there was not a lot of detail in the Code, but the intent was to keep Downtown active. She stated the current code require 25-percent retail and confirmed that retail receipts were not confirmed. Chair Brown inquired if the intent was fully captured in the codification. Ms. Harryman stated there were no specific standards related to the retail component. Chair Brown asked how the redline in the plans manifested in the physical setting and requested the applicant answer in the presentation. Appellant Jennifer Van Wegen gave a presentation on the item including an overview of her Pleasanton experience and Iron Horse Real Estate, community support, lease of 550 Main Street, exception application to Active Ground Floor Use Requirement, 25-percent retail floor plan including McCutch Woodworks, Frenchy Flags, Arcadia Publishing, Sue Evans Photography, P&P Candle Co., Succulents Calling, Woven Nook, BumbleBee Ceramics and Lightwell Co., and efforts to bring attention to retail component. She requested the Commission approve their appeal. Excerpt: Approved Planning Commission Minutes, February 10, 2021 Page 1 of 4