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AGFUO-Public comments submitted for the June 1, 2021, City Council Meeting <br /> Page 1 of 3 <br /> PLEASANt <br /> DOWNTOWN <br /> ASSOCIATION <br /> May 26,2021 <br /> Honorable Mayor Karla Brown and Pleasanton City Council: <br /> Pleasanton Downtown Association(PDA)is a diverse collection of member businesses located <br /> throughout our historic Main Street and nearby areas. Members include restaurants, retailers, <br /> personal service companies,commercial and professional firms, landlords, brokers,and tenants <br /> across the spectrum of economic activities throughout downtown Pleasanton. <br /> Though diverse,PDA is united by a common interest in establishing and promoting the <br /> distinctive,vital,walkable nature of the downtown district,including especially 1st-Floor Main <br /> Street. Thus, PDA is supportive of the thrust behind the Downtown Specific Plan (DSP) <br /> generally and the Active Ground Floor Use Overlay(AGFUO)specifically. <br /> BACKGROUND <br /> Recent developments have highlighted the need for guidance from City Council regarding <br /> administration of and compliance with the AGFUO. Obviously,when business is booming and <br /> landlords have multiple active and non-active uses competing for space,enforcement of the <br /> AGFUO is relatively simple. In 2020,COVID exposed more complex vulnerabilities,along with <br /> numerous creative and thoughtful pivots by local merchants and landlords. Some of these <br /> were bona fide successes. However,where there is technical compliance without substantive <br /> compliance,there is essentially no compliance. <br /> This challenge is most acute where an applicant proposes to blend a newly conceived mix of <br /> active and non-active uses into a space that was formerly dedicated fully to active retail use. <br /> Once approved,such a decision threatens permanent ratcheting down of active space on Main <br /> Street. Further,if the mixed-use proposal is primarily motivated by economics of the non- <br /> active use,there is significant risk of encouraging sub-optimal street-facing activities in the <br /> active use component. <br /> POLICY RECOMMENDATIONS <br /> We believe there are a few,specific clarifications that would make administration of the AGFUO <br /> more predictable and consistent with its intended purposes. Our suggestions fall into two main <br /> categories: 1)establishing the substantive business purpose and plausible economic basis for a <br /> 333 Division Street <br /> Pleasanton,CA 94566 <br /> (925)484-2199 <br /> Exhibit C to July 28, 2021, Planning Commission agenda report Page 7 <br />n accordance <br /> with the provisions of Chapter 18.44 of the PMC. In cases where an exception to the active ground floor <br /> use requirement is granted, the provisions of Chapter 18.120 of the PMC with respect to non-conforming <br /> Exhibit C to July 28, 2021, Planning Commission agenda report Page 2 <br />thers having concern about adding time to the process for <br /> business owners. <br /> Exhibit B to July 28 Planning Commission agenda report(Attachment 2 to June 1 City Council agenda report) <br />ly to a zoning verification, <br /> 5 <br /> Exhibit B to July 28 Planning Commission agenda report <br />erty Phase II Specific Plan <br /> and approve a financing plan for the potential relocation of the existing civic center. <br /> 2 <br /> Exhibit B to July 28 Planning Commission agenda report <br />the Zoning Certificate that would allow the use to occupy the tenant space on June 7, 2021. <br /> Active Ground Floor Use Overlay Planning Commission <br /> 2 of 5 <br />