3_Exhibits A - C - Laserfiche WebLink

as is the case for the majority of active uses in the downtown area.3 That said, inclusion of language indicating that an applicant may be required to provide information to substantiate that a use would meet the parameters of an active use (such as a narrative outlining proposed hours, basic business operations, proposed business signage, etc.), would help document and provide a basis for enforcement if needed. As an alternative to the staff recommended change, the Council could opt to specify a different balance of active and non-active uses that may be allowed, or disallow any non-active component within a ground floor space altogether unless approved through another type of exception. However, retaining some degree of flexibility to accommodate uses that have active and non-active components is likely to be beneficial for businesses and landlords, and promote occupancy of Main Street spaces. Such mixed operations should be able to maintain consistency with the policy intent of the overlay, provided the more stringent requirements outlined above, are followed. NEXT STEPS Given the wide range of options, staff is requesting direction from the City Council on the existing AGFUO definition and policies. Following this direction, staff would provide a detailed set of draft policy and PMC amendments to the Planning Commission, for a recommendation that would be returned to the City Council for consideration for adoption. During this next stage of the process, staff will also solicit feedback from stakeholder groups such as the Pleasanton Downtown Association and the Chamber of Commerce. PUBLIC NOTICE Courtesy notification of this item was provided in the Pleasanton Weekly. Direct outreach was also made to the Pleasanton Downtown Association, Chamber of Commerce, and parties who provided comment during the Iron Horse Realty decision and appeal, to advise them of the pending Council policy discussion. CONCLUSION Staff is requesting feedback and direction from the City Council on the language in the DSP related to the active uses. Depending on direction by City Council, staff will propose amended language in the DSP (and accompanying text in the PMC) at a future meeting. 3 The Zoning Certificate process is typically ministerial, and is in place solely to verify that a businesses use would conform to the applicable zoning. The City has more latitude to dictate or condition certain operational aspects of a business when it is subject to a Conditional Use Permit, since doing so may be necessary to make the required findings for approval. With respect to signage, the City may not legally dictate sign content, only the time, place and manner of a sign display. 6 Exhibit B to July 28 Planning Commission agenda report rformance 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