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adoption of the DSP. Ms. Denis confirmed that the office would have been approved under the prior DSP. Commissioner Allen expressed her disappointment on the violation of the DSP with the real estate office opening prior to the active retail use. She stated she felt the applicant had met the letter of the 25-percent retail requirement but stated she did not believe it met the intent of the DSP. She recommended the City Council tighten up the policy to ensure the intent would be met. She challenged Ms. Van Wegen to prove that she was setting a new business model and expand the retail presence in the future. Commissioner O'Connor agreed with Chair Brown and suggested the storefronts be the primary use and that the DSP requirement increase from 25-percent to 50-percent. He suggested a condition of approval requiring signage for the retail component. Commissioner Pace questioned the exception from the 25-percent of retail. Ms. Denis explained that multi-use was not technically an exception, it was a determination as to whether the use met active use criteria; she discussed the three criteria for granting an exception for a non-active use. She stated the original request was denied because the retail component was not clearly identified. She stated the matter before the Commission was a determination rather than an exception. Commissioner Pace stated he would not have supported an exception to the DSP, and that the retail component should be extended. Chair Brown suggested the window display be included in the percentage calculation. Commissioner Ritter agreed that the DSP had flaws but the applicant should not be penalized. He stated the landowner should have advised her of the requirements. He requested the business hours be posted. Chair Brown recognized that the applicant was working hard to support Pleasanton, but the website and signage did not mention the retail component. He stated it did not currently feel like retail and the purpose of the DSP was to engage walkability and retail. However, he commended the business plan pivot. Chair Brown suggested there be an action item to update our Municipal Code with a new standard related to active use that is consistent with our intent. Commissioner Allen concurred with Chair Brown and suggested conditions of approval specifying all signage include home decor, hours of operation be posted, and a cash register be available. Ms. Van Wegen indicated she had a point of sale (POS) system on order and confirmed she was willing to comply with the Commission's suggestions related to signage, posting business hours, et cetera. Ms. Denis stated the Commission should be cautious in dictating the content of signage. Ms. Harryman stated the application before the Commission was a zoning certificate, not a project so the conditions of approval would be different and more limited. She suggested the information be added to the narrative of the zoning certificate for staff review. Commissioner Ritter made a motion to approve the applicant's appeal with recommendations as discussed and that a clarifying letter be sent to all retail in Downtown that change of use was under review by City Council. Excerpt: Approved Planning Commission Minutes, February 10, 2021 Page 3 of 4