CCMIN 06012021 - Laserfiche WebLink

requirement and confirmed the PMC does not specify things like operational hours and noted there are other policies concerning signage. In response to Councilmember Balch's inquiries, staff confirmed there have been two applications for an exception to the AGFUO since 2019; that the economic analysis for the DSP specifically addressed the issue of active use versus non-active use; and that the City can regulate the time, place, and manner of signage but not the content. In response to Councilmember Testa's inquiries, Director Clark advised when the DSP was created there was sympathy for bank building owners who had invested in buildings that are hard to convert to other types of usage. In response to Mayor Brown's inquiries, Director Clark advised things customarily associated with a business like a back-office or a storage area would be considered part of the primary business space. She clarified that there could be two active businesses in the same subdivided space. In response to Mayor Brown's inquiries, Director Clark advised the DSP does not specify how to count the window display and requested Council clarification. She advised staff has been including it in measurements because it is a leasable space for which the tenant is paying rent to its landlord. She advised staff also counts the interior space left for the door to open as active use noting the policy language is vague. In response to Mayor Brown's inquiry, Director Clark clarified any type of professional office use such as a real estate office, or personal service use such as a salon, would be considered non-active use. In response to Councilmember Testa's inquiry, neither Director of Community Planning Clark nor any other staff members knew the exact number of current downtown vacancies or how long they have been vacant and would have this information at the next meeting. Mayor Brown opened public comment. Bob Herzog reported he has owned the building at 235 Main Street for over 40 years and inquired about existing uses. Terri Terry, President of the Pleasanton Downtown Association (PDA) and owner of the Cellar Door restaurant downtown, advised she would like any new business in the AGFUO to be 100% retail or restaurant to create a more thriving downtown with street and pedestrian traffic. Mayor Brown closed public comment. Councilmember Testa advised it feels like there was a big difference between the property owners and business operators and said staffs recommendation of 60% seems like a reasonable compromise between the current 25% and the PDA's call for 100%. Councilmember Narum reported she was a member of the DSP Task Force which spent a lot of time on this question. She advised she remains committed to the policy to promote the variety of businesses that will generate the desired vibrancy and foot traffic. She explained the policy was only in effect for six months before the pandemic, so it has not had a chance to work under normal conditions. She advised "open by appointment only" is unacceptable to her. She suggested there be a separate business license for the active use and some sort of point-of-sale business transaction device. Councilmember Narum advised she would like to keep the 25% minimum at this time and would not like to have more onerous requirements coming out of the pandemic with a lot of vacancies. She suggested the 25% should be based on the leasable square footage for simplicity in interpreting matters such as City Council Minutes Page 4 of 10 June 1, 2021