_Minutes_July 28, 2021 - Laserfiche WebLink

Commissioner Gaidos mentioned that the DSP update was completed prior to the pandemic and suggested consideration of a backup plan. Ms. Harryman summarized the suggestion as requiring 100 percent active use with an option for both active and non-active uses in a single tenant space following a six-month vacancy. Chair Brown suggested requiring 25 percent active use after a six-month vacancy. Commissioner Pace stated he thought it was fair for the City to consider active retail for a specific period. He suggested broadening the definition of active uses, such that it would include personal services. Commissioner Pace suggested allowing a barber shop before a real estate office. He suggested 100 percent for six months, then allowing active use or a personal service use. Commissioner Morgan mentioned allowing other types of businesses that draw walk-in customers and ensuring businesses would be active and legitimate. He stated there were not many multiple uses in a single tenant space downtown so it might not be a popular business model. Chair Brown stated the active and non-active uses in a single tenant space was coming about due to ground floor restrictions and exercising the right for multiple uses in a tenant space. He suggested consideration of whether the multiple use concept was being forced due to the percentage requirement. Commissioner Gaidos suggested additional consideration of an alternative option. Chair Brown stated a Commissioner could suggest a continuance. Commissioner Allen suggested the Commission decide on the first six months, then consider language on vacancy, and inform City Council that the Planning Commission would like to conduct further exploration around the process and permitted uses in the AGFUO after a six month vacancy period. Commissioner Gaidos concurred with Commissioner Allen's suggestion. Commissioner Allen moved to recommend approval of Cases P21-0636 and P21-0637 with modifications to: 1) require that the entirety of a tenant space subject to the Active Ground Floor Use Overlay (AGFUO) be occupied with an active use (i.e., remove the provision for multiple uses in a single tenant space, meaning that the entirety of a space be required to be occupied by an active use); and 2) clarify policies related to vacancy such that the language specifically indicates the vacancy as commencing at the end of a lease; and to require evidence of marketing to include posting of a leasing sign at the site and an active listing; plus other measures to demonstrate proactive marketing of the tenant space. Additionally, the Commission recommended that as a future discussion item, consider expanding the range of non-active uses that would be allowed to occupy ground floor tenant spaces after a six-month long vacancy to, for example, potentially include Planning Commission Minutes Page 7 of 9 July 28, 2021 ibility would be allowed under the six-month vacancy if the percentage went from 60- to 100-percent. Ms. Clark explained that any use could be located on the property if the tenant space was vacant for more than six months. Planning Commission Minutes Page 6 of 9 July 28, 2021 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