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EXECUTIVE SUMMARY The applicant is appealing the Director of Community Development's decision denying an exception to the Active Ground Floor Use Requirement. The denial was based on two separate but related considerations: 1) The applicability of the Downtown Specific Plan (DSP) and Pleasanton Municipal Code's (PMC) Active Ground Floor Use requirements, meaning it was necessary to grant an exception to those requirements pursuant to PMC Section 18.81.040; and 2) As a non-active ground floor use, whether the necessary criteria for granting an exception based on length of vacancy of the space had been met. PMC Section 18.144 outlines the procedures for appeals, specifically PMC section 18.144.050 describes the administrative appeal procedure. An appeal may be made to the planning commission by any interested party of any administrative determination or interpretation made under Title 18, Zoning. The applicant filed an appeal on September 17, 2021 during the applicable appeal period and therefore the item is before the Planning Commission. Since the denial was issued, the applicant has updated her proposal, including providing additional specificity as to the dedication of the front portion of the tenant space for retail sales and more detail on how that portion of the business would function. Based on this, the Planning Commission is asked to determine if there is sufficient information to now determine the business would meet the definition of an Active Ground Floor Use, and that an exception is not required. BACKGROUND The subject site is located within the downtown and is zoned C-C (Central Commercial) District; it is also located within the Active Ground-Floor Overlay District within the C-C District and DSP. The applicant is requesting the City allow multiple-uses, retail and personal service, to operate at this location. Pursuant to the PMC, personal service uses are generally not permitted on the ground floor when the property is in the Active Ground-Floor Overlay District within the C-C District and DSP. Although personal service uses are typically not considered to be "active" uses, and therefore are not allowed on the ground floor within the overlay district, the PMC provides for some circumstances under which a non-active use can be permitted — including limited conditions under which the requirements for active ground floor uses as outlined in PMC Chapter 18.81 are determined to not apply (meaning, in this case, no exception would need to be granted). If the requirements of Chapter 18.81 are determined to apply to a particular use or tenant space, the PMC specifies the conditions under which an "exception" may be granted to allow a non- active use to occupy a first-floor space. These requirements are discussed in more detail in the analysis section below. On May 18, 20201, the applicant submitted a request to allow her proposed business, describing a personal service business operation that included a limited retail operation in addition to the personal service use. Upon review of the application, the Zoning Administrator concluded the personal service use was not allowed in the Active Ground-Floor Overlay District within the C-C District and DSP. The request was denied by the Zoning Administrator on June 7, 2021, and the applicant did not file an appeal. P21-0820, 560 Main Street Planning Commission 2 of 9 a discussion with Mr. Williams regarding competitiveness for tax credits and geographic priorities. Mr. Williams stated geographic locations needed to have surrounding amenities and services and priority funding was provided for projects near transit Planning Commission Minutes Page 7 of 10 September 8, 2021 standards to meet the State's requirements by developing objective design standards and procedures. Planning Commission Minutes Page 3 of 10 September 8, 2021