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• Make clear that both the depth and proportion of total square footage measurements are based on leasable square footage. • Make clear that a non-active use within a multi-use space be located in the rear of the tenant space. These modifications are proposed to be carried forward to draft changes to PMC Section 18.81.020. One topic of discussion that came up previously between Planning Commissioners was regarding window display areas and inset doorways, and how these types of areas should be measured with respect to the minimum depth requirement for active uses. Since a minimum square footage requirement has now been added for an active use in a multi-use tenant space and because of the variation in the configuration of tenant spaces downtown, staff does not recommend any adjustments to the DSP and PMC specifically regarding window display area and inset doorways. LD-P.19, Exceptions to the Active Ground Floor Use Requirement The draft changes to Policy LD-P.19 are summarized as follows: • The term, "vacancy," is proposed to be replaced with "abandonment" and "discontinuation" of use, to align with terminology used, in the Nonconforming Uses chapter of the PMC.3 • Language has been added to provide examples of evidence to lease the space, to make the policy intent clearer (evidence such as copies of advertisements or listings, time-stamped photographs of"for lease" signage, or written correspondence with prospective tenants). • The draft language makes clear that City Council would be notified of a decision by the Director of Community Development, in addition to Planning Commission, consistent with notification requirements for other administrative decisions. These draft changes are to be incorporated as draft changes shown for PMC Section 18.81.050. Procedures for Obtaining Zoning Certificate Approval - New Text Proposed in PMC A new section to Chapter 18.81 is proposed, outlining the procedure for obtaining a zoning certificate for a use subject to the overlay. The proposed text in Chapter 18.81.040 indicates: • The Director of Community Development may, in response to an application for zoning certificate for a business that is subject to the overlay, request additional information to verify compliance with the provisions of the policy and code. The additional information that is required 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 • 1