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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 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. Excerpt: Approved Planning Commission Minutes, July 28, 2021 Page 3 of 6