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18
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2021
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092121
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9/16/2021 11:19:00 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
9/21/2021
DESTRUCT DATE
15Y
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Chair Brown stated the reason the matter came back to the Commission was because the <br />intent of the DSP update was to encourage foot traffic along Main Street and the concern of a <br />real estate office, bank or personal service with some floor space dedicated to incorporating <br />retail. He stated he could understand the Commissioners' desire to not stifle the creativity of <br />the business community nor divide the business community over the percentage. He <br />mentioned Commissioner Gaidos' point related to certain businesses and their operating hours <br />preventing browsing. He suggested tightening of the language regarding vacancy such that it <br />is tied to the completion of the lease (i.e., it is acceptable to consider the space vacant if the <br />rent is no longer being paid and the lease is over). <br />Commissioner Allen commented on business hours, mentioning Iron Horse Real Estate, <br />stating the hours of operation were not good enough, however, she had a hard time <br />determining business hours because of the inconsistencies that could arise for the various <br />businesses that would exist. She stated the goal was active use. <br />Commissioner Gaidos stated the purpose of proposed hours of operation was to ensure the <br />ability for purchase of retail items. He agreed that 100 percent retail would alleviate <br />inconsistencies and be a simpler approach. <br />Commissioner Pace inquired about Commissioner Gaidos and Commissioner Allen's <br />comments about 100 percent retail and inquired if personal services were considered retail. <br />Commissioner Allen stated active use excluded personal services. Commissioner Gaidos <br />concurred, stating the proposal for multiple uses in a tenant space came about because of Iron <br />Horse Real Estate. <br />Commissioner Allen explained the six-month period for filling the space with active use <br />business. <br />Commissioner Pace questioned various businesses that would fall under active use. Ms. Clark <br />explained the differently defined land use categories including office use versus personal <br />services. She stated there was language authorizing the Director to allow for innovative uses. <br />Commissioner Pace inquired whether the City could limit the percentage of certain types of <br />businesses. Ms. Clark confirmed that some cities limited various types of businesses, but it <br />was a complicated administrative process, for example requiring decisions about how many or <br />whether a distance between would be required. <br />Chair Brown mentioned allowing banks in downtown and difficulties with active and non-active <br />uses in a single tenant space. <br />Commissioner Nibert mentioned the Commission was discussing the matter due to the need <br />for exceptions to active ground floor use requirement. He discussed the six-month exception <br />process due to hardships or duress. <br />Chair Brown explained the six-month exception process was intended to not create an undue <br />burden to property owners while still encouraging active use. Ms. Clark confirmed the effort to <br />balance hardship and active use. She reiterated the provision in the DSP that does not allow <br />"grandfathering" of a non-active business allowed to occupy a space after a vacancy, instead <br />requiring a new exception request if that space is subsequently vacated by the non-active <br />business. <br />Excerpt: Approved Planning Commission Minutes, July 28, 2021 Page 4 of 6 <br />
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