3_Exhibits A - C - Laserfiche WebLink

Some Commissioners voiced concern that the policy was not well-articulated enough to provide clear guidance for decision-makers; and that the current policy language created too large of a loophole or had the potential for abuse_ As a result, the Commission suggested that the language in the policy be considered for revision. On March 2, 2021, the City Council requested a discussion of the active ground floor use policy be agendized during the "Matters Initiated" portion of the meeting. As discussed above, the existing policy requires that the first 25 percent of a tenant space, measured perpendicular to the façade fronting a designated active street, must be dedicated to an active use. The intent of the policy was to ensure that a business that might have a combination of uses: a) locate the active uses at the front of the tenant space, where they would be visible from the street and b) occupy a sufficient proportion of the space to represent more than a "token" amount. In its deliberations, the Commission questioned aspects such as whether a storefront display area (typically projecting into the tenant space) should be counted in the 25 percent measurement; whether the 25 percent requirement, in general, was sufficient; raised questions about ensuring the active portion of the business actually functioned as such, and would be maintained long-term; and other related aspects that typically denote active uses such as retail, such as hours of operation, business signage, having a point of sale (such as a cash register), and dedicated sales staff. Staff Response and Recommendation Staff finds that many of the points and concerns raised by the Commission with respect to this exception are valid and agrees that the existing policy needs to be made more stringent, to better meet the intent of the DSP, and avoid abuse. As such, staff believes it would be beneficial to amend the policy in a manner that would ensure that any non-active component in a multiple-use occupancy would be ancillary (clearly subordinate and secondary) to the active use. To accomplish this, staff would recommend two major changes: 1. That any non-active component (e.g. a subleased professional office space or personal service component within a retail store), be limited to occupy a more minor amount of the tenant space. Staff suggests the existing requirement be modified to require the active use to occupy at least 60 percent of the square footage of the tenant space, versus 25 percent as currently allowed; and 2. That such non-active component be situated in the rear of the tenant space or otherwise be located so as to not be prominent or visible from the street. The Commission discussed inclusion of more stringent operating requirements or performance criteria in the policy. However, staff would caution against attempting to dictate specific aspects of business operation such as opening hours, staffing, nature of merchandise sold, and content of business signage, since it is not typical for the City to do so for any business when a permitted use, and subject only to a zoning verification, 5 Exhibit B to July 28 Planning Commission agenda report erty Phase II Specific Plan and approve a financing plan for the potential relocation of the existing civic center. 2 Exhibit B to July 28 Planning Commission agenda report the Zoning Certificate that would allow the use to occupy the tenant space on June 7, 2021. Active Ground Floor Use Overlay Planning Commission 2 of 5