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City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2021
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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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would indicate that uses that are subject to the AGFUO are required to follow the <br />procedures for zoning certificate approval outlined in the PMC. <br />Although some members of the Chamber of Commerce suggested personal services <br />(e.g. barbershops, salons) be treated as an active use, staff does not support making <br />this change, since it was a deliberate and explicit policy decision to exclude such <br />businesses from the definition at the time the DSP was adopted. Staff notes that this <br />exclusion is reflected in the PMC's definition, but not in the DSP, and so proposes to <br />add this to the DSP for consistency. The Planning Commission, however, <br />recommended that as a future item, City Council direct the Commission to consider and <br />evaluate allowing personal services (and potentially select other uses) as permitted <br />ground -floor uses in the AGFUO after the six-month vacancy period has lapsed, with <br />the intent that these additional uses (versus any use whatsoever), be allowed to be <br />established. <br />The draft changes to the definition of active ground -floor use are shown in PMC Section <br />18.08.017; the procedures for zoning certificate approval are identified in a new section, <br />PMC Section 18.81.040, which is also discussed further below. <br />LD -P.18. Active Ground Floor Use Rea uirements for Multi -Use Spaces <br />As recommended by the Planning Commission, the draft changes proposed to Policy <br />LD -P.18 consist of deleting text that allows a portion of the tenant space to be dedicated <br />to non-active uses and instead indicating that tenant spaces accommodating multiple <br />uses must consist of all active uses.4 <br />These modifications are proposed to be carried forward to draft changes to PMC <br />Section 18.81.020. <br />LD -P.19. ExceQtions to the Active Ground Floor Use Rea uirement <br />The draft -changes to Policy LD -P.19 are summarized as follows: <br />• As recommended by the Planning Commission, the 6 -month "vacancy" period <br />would commence with the end of the lease for the existing use. <br />• The term, "vacancy," is proposed to be replaced with "abandonment" and <br />"discontinuation" of use, to align with terminology used in the Nonconforming <br />Uses chapter of the PMC.5 <br />4 This would allow, as it does today for any active use, areas for ancillary and supportive functions <br />typically associated with a generally permitted active use (e.g. merchandise storage, "back office" area, <br />kitchen area for a restaurant or bakery) within the ground floor space. <br />5 This change is proposed to address the relatively common occurrence where a tenant will stop paying <br />rent or discontinue its public -facing business operation, followed by a period during which it needs time to <br />liquidate merchandise or clear fixtures from a space; during such a period it could be argued that the <br />space is not technically "vacant." <br />Page 5 of 7 <br />
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