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The Planning Commission recommended approval of the amendments to City Council <br />with the following changes: <br />• Require that the entirety of a tenant space subject to the AGFUO be occupied <br />with an active use (i.e., remove the provision for active and non-active uses in a <br />single tenant space, meaning that the entirety of a space be required to be <br />occupied by an active use); and <br />■ Clarify policies related to vacancy such that the language specifically indicates <br />the vacancy as commencing at the end of a lease; and to require evidence of <br />marketing to include posting of a leasing sign at the site and an active listing; <br />plus other measures to demonstrate proactive marketing of the tenant space. <br />The Commission also recommended that as a future discussion item, to consider <br />revising the DSP and PMC to allow only an active use or a personal service business to <br />occupy ground floor tenant spaces after a six-month long vacancy rather than any use <br />whatsoever as is currently allowed. <br />The agenda report and approved excerpt minutes of the July 28 meeting are included <br />as part of Attachment 3. A memo addressed to the Planning Commission in response <br />to questions provided by a Commissioner, and questions originally posed by City <br />Council, is also included as Attachment 3 to this report. In summary, the memo: <br />Indicates that nine tenant spaces that are subject to the AGFUO were vacant as <br />of July 2021 including several that have been vacant for more than six months; a <br />variety of factors may have contributed to the vacancies, including the COVID-19 <br />pandemic, although the duration of the vacancy may be principally attributed to <br />the size of the tenant space or the configuration of the tenant space. <br />• Reports that the Planning Division issued Zoning Certificate approval of 12 new <br />businesses on the ground floor along Main Street since March 2020. <br />■ Includes information about approaches other jurisdictions have taken regarding <br />specific uses in their downtowns and indicates that of the jurisdictions that staff <br />communicated with, none have a formal policy or standard allowing both active <br />and non-active uses in the same tenant space. <br />DRAFT REDLINE CHANGES <br />Attachments 1 and 2 to this agenda report shows the actual language of the proposed <br />changes to the DSP and the PMC, as recommended by Planning Commission. <br />Draft changes to definition of Active Ground Floor Use <br />Staff proposes amendments to the definition of "Active Ground Floor Use" to better <br />articulate its intent. Additional language has been added to indicate that active uses are <br />those that attract walk-in customers. And, clarifying language proposed in the DSP <br />Page 4 of 7 <br />