_Minutes_July 28, 2021 - Laserfiche WebLink

discussed the gyms, existing salons, and other personal services, stating the recommendation prohibited new businesses of that type. Chair Brown inquired about Page 4 of the agenda report regarding "vacancy" being replaced with "abandonment" and expressed concern that it went against the intent of the DSP update. Ms. Clark explained the purpose of alignment and consistency with the Non-conforming chapter of the Code and that the recommendation was based on practical experience related to the existing vacancies around the Downtown. Chair Brown inquired whether abandonment was at the time the lease expired or was forfeited, or if the property owner was still receiving revenue. Ms. Clark discussed the practices of landlords to allow flexibility of tenants vacating the premises. Chair Brown stated he was trying to understand the intent of the policy and whether it was based on not creating an undue hardship of property owners in order to meet the City's active ground floor use requirement. THE PUBLIC HEARING WAS OPEN Erica Jasso, owner of Sculptsations, provided public comment regarding her business as a mixed use with part service and part retail. She stated she originally mapped out 15-percent of her business, but she had remodeled to be compliant to the 25-percent requirement and questioned why her permits and business license were denied. She discussed the previous children's retail boutique which was vacant for seven months. She requested the Commission reconsider the regulations to allow creation of a distinctive, vital downtown. Pleasanton Downtown Association Executive Director Zac Grant provided public comment suggesting Iron Horse Real Estate and Sculptsations be treated equally. He stated the change would affect very few businesses and those would appear as active use from the street. He suggested a separate business license for each business to ensure the front business was legitimately active use. THE PUBLIC HEARING WAS CLOSED Commissioner Pace mentioned the arbitrariness of the number/percentage and goal to ensure active use within the locations, while avoiding impacting the current tenants. He suggested ensuring vibrancy as opposed to settling on a particular percentage. Commissioner Nibert expressed concern that there was division between downtown members. He referenced the public comment provided by Ms. Jasso and stated increasing the percentage to more than half the square footage would squeeze out people/businesses such as hers. He discussed limited enforcement and suggested a partnership between the City and businesses. Chair Brown mentioned his empathy for businesses such as Ms. Jasso's where she increased her active use from 15-percent to 25-percent. Commissioner Gaidos reminded the Commission that the policy was for the ground floor of Main Street in the downtown and stated active use meant 'open for business.' He stated the intent was to avoid businesses that were advertisements such as real estate and rather have Planning Commission Minutes Page 4 of 9 July 28, 2021 had researched what other cities had done to establish the recommendation. Commissioner Morgan referenced the appeal heard at the February 10. 2021 , Planning Commission meeting and the underlying tone of determining whether a business was legitimate. He requested information on whether there was discussion on the pros and cons of broadening the overlay and excluding personal services from active use. Ms. Clark stated it was not discussed at the most recent City Council or Planning Commission meetings but was discussed when the item was considered by the Chamber of Commerce and PDA. She stated other cities had allowed and some had excluded personal services. She summarized the discussion regarding massage businesses that arose during the Downtown Specific Plan (DSP) update, and concerns then about an overabundance of personal services. She Planning Commission Minutes Page 3 of 9 July 28, 2021