3_Exhibits A - C - Laserfiche WebLink

Draft Redline Changes to Adopted DSP Policies Draft changes are shown in strikethrough font(e.g., striketlgh) and bold-underline font(e.g., bold underline) LD-P.19, Exceptions to the Active Ground Floor Use Requirement "The director of community development may grant an exception to the requirements of the Active Ground Floor Use Overlay district for uses meeting any of the following criteria: • The tenant space has been vacant existing use has been abandoned or discontinued for a period of at least 6 months. Evidence of attempts to lease the tenant space, such as copies of advertisements or listings posted, time-stamped photographs of "for lease" signage and the vacant space or storefront, or written correspondence with prospective tenants shall be provided to the director of community development upon request. • 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. • The tenant is located in an existing, purpose-built building containing a bank or financial institution as its primary tenant/occupant. Notice of the determination of the director of community development shall be provided to the Planning Commission and City Council, and any appeal of the decision shall be referred to the Planning Commission in accordance with the provisions of Chapter 18.44 of the PMC. In cases where an exception to the active ground floor use requirement is granted, the provisions of Chapter 18.120 of the PMC with respect to non-conforming uses shall not 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." Provided to Planning Commission on July 28, 2021 Attachment 1 to Resolution PC-2021-13, Page 2 rovision. Exceptions to this requirement may be granted, in accordance with LD- P.19. A use within a multi-use space that is determined to not be an active use shall be located in the rear of the tenant space." Provided to Planning Commission on July 28, 2021 Attachment 1 to Resolution to PC-2021-13, Page 1 uired could entail a written narrative that identifies the proposed operation of the use, including confirmation of a point-of-sale system and proposed business hours. 3 This change is proposed to address the relatively common occurrence where a tenant will stop paying rent or discontinue its public-facing business operation, followed by a period during which it needs time to liquidate merchandise or clear fixtures from a space; during such a period it could be argued that the space is not technically "vacant." Active Ground Floor Use Overlay Planning Commission 4 of 5 of the tenant space be dedicated to the active use. 2 Staff's recommendation is for 60% of the depth and 60% of the square footage, although a variety of other options also exist, such as 50% or 75%. Active Ground Floor Use Overlay Planning Commission 3 of 5 for a vacant tenant space at 560 Main Street. Due to the non-active nature of the use, the Zoning Administrator denied 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