PC 072821 - Laserfiche WebLink

businesses that were open to the public for five to six hours a day or at least 30 hours per week. He recommended personal services require a special permit. Chair Brown mentioned the DSP Task Force and intent behind active ground floor use being based on continuity and flow along the street for browsing or foot traffic. He also acknowledged that some personal service uses have a retail component. Commissioner Allen discussed the proposed percentage and desire to simplify the regulations. She suggested that the provision for active and non-active uses in a single tenant space be eliminated and instead require 100 percent active use ground floor retail for tenant spaces subject to the AGFUO, since any specific percentage would be difficult to administer and enforce. She stated she would accept 60 percent as the bare minimum but would prefer 100 percent. She stated she was amenable to the vacancy definition but understood Chair Brown's concern and stated she would be open to 'the minimum evidence to lease the space would be documented to include lease sign in building, a public posting about the space and in addition to see the lease or any other marketing communications.' Commissioner Morgan conceptually accepted Commissioner Allen's suggestion to eliminate the 25 percent requirement and thought there might be benefit to expanding the regulation to allow other types of businesses that attract walk in customers, especially if on-line sales continue to grow. Chair Brown stated the reason the matter came back to the Commission was because the intent of the DSP update was to encourage foot traffic along Main Street and the concern of a real estate office, bank or personal service with some floor space dedicated to incorporating retail. He stated he could understand the Commissioners' desire to not stifle the creativity of the business community nor divide the business community over the percentage. He mentioned Commissioner Gaidos' point related to certain businesses and their operating hours preventing browsing. He suggested tightening of the language regarding vacancy such that it is tied to the completion of the lease (i.e., it is acceptable to consider the space vacant if the rent is no longer being paid and the lease is over). Commissioner Allen commented on business hours, mentioning Iron Horse Real Estate, stating the hours of operation were not good enough, however, she had a hard time determining business hours because of the inconsistencies that could arise for the various businesses that would exist. She stated the goal was active use. Commissioner Gaidos stated the purpose of proposed hours of operation was to ensure the ability for purchase of retail items. He agreed that 100 percent retail would alleviate inconsistencies and be a simpler approach. Commissioner Pace inquired about Commissioner Gaidos and Commissioner Allen's comments about 100 percent retail and inquired if personal services were considered retail. Commissioner Allen stated active use excluded personal services. Commissioner Gaidos concurred, stating the proposal for multiple uses in a tenant space came about because of Iron Horse Real Estate. Planning Commission Minutes Page 5 of 9 July 28, 2021 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