3_Exhibits A - C - Laserfiche WebLink

Adopted DSP Policies and PMC Comments and Modifications to AGFUO during DSP Update apply, and a new tenant shall be required to conform to the Active Ground Floor Use Overlay, unless another exception is granted by the director of community development based on the above criteria." Adopted PMC 18.81.040 Procedure for granting exceptions. A. The director of community development or his/her designee may grant an exception to allow a non-active ground floor use within a tenant space or building, based on any of the following criteria: 1. The tenant space has been vacant for a period of at least six months. Evidence of attempts to lease space shall be provided to the director of community development upon request. 2. The configuration of the tenant space is such that it would have a storefront frontage of less than 10 feet (as determined by the director of community development) on a designated active street. 3. The tenant is located in an existing, purpose-built building containing a bank or financial institution as its primary tenant/occupant. B. Notice of the director of community development's decision shall be provided to the planning commission. Such decision is subject to appeal in accordance with the provisions of Chapter 18.144. LD-P.19 Comments and Modifications during DSP Update This policy was included in the redline draft of the DSP Land Use chapter presented to the DSP Task Force on April 24, 2018, but at that time included language regarding the active ground floor use requirement indicating an exception could be granted if there did not exist a similar use within the same block of a designated active street, as defined by address. The majority of the Task Force supported an exception to active use requirements if the space were vacant for six months (the timeframe of six months was discussed and the Task Force did not support a longer timeframe) The Task Force also recommended to combine the "6-month vacancy criteria" with whether the (non-active) use is on both sides of the street or only one. The Task Force further recommended at this meeting to include language that would not allow a second non-active business to take advantage of a previously-granted exception. (i.e. the typical non-conforming use provisions of PMC 18.120.040, which would allow a similar use to replace a non-conforming use if established within 90 days, would not apply to a tenant space for which an exception had been granted; instead, a new exception would have to be applied for and granted). Upon review of the public review draft of the DSP, the Task Force at its November 13, 2018, meeting, discussed the appropriate level of review for granting exceptions, with a suggestion from some that that exceptions be granted by the Planning Commission to allow more transparency, and others having concern about adding time to the process for business owners. Exhibit B to July 28 Planning Commission agenda report(Attachment 2 to June 1 City Council agenda report) ly 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