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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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11/10/2021 3:04:02 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
11/16/2021
DESTRUCT DATE
15Y
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approval of modifications to the Downtown Specific Plan and the Pleasanton Municipal Code (PMC) <br />and considers identifying a future work plan item another evaluation of the AGFUO. <br />She reported on February 10, 2021, the Planning Commission upheld an appeal for a real estate office <br />that incorporated retail in the portion of the tenant space along Main Street and recommended the <br />active use policy be reviewed by the City Council. In June, City Council directed staff to modify the <br />overlay and increase the proportion required for active use in a multi -use tenant space, evaluate where <br />it would be beneficial to clarify language, and solicit feedback from the Pleasanton Downtown <br />Association (PDA) and the Pleasanton Chamber of Commerce. <br />The existing DSP policies indicate the requirements of the AGFUO be applied to tenant spaces with <br />frontage on Main Street. Ms. Bonn noted for multi -use tenant space the requirements of the AGFUO <br />would apply to the first 25% of the depth of the space. The DSP allows for exceptions including <br />vacancy for at least six months, the tenant space has less than 10 feet of storefront frontage, and if the <br />tenant is located in an existing purpose-built building. <br />The draft changes to AGFUO policies include the definition of active use and tenant spaces <br />accommodating multiple uses must consist of all active uses. Changes to the exceptions include a six- <br />month vacancy period that would commence with the end of the lease for the existing use, the term <br />"vacancy" would be replaced with "abandonment" and "discontinuation" of use, a "for lease" sign, an <br />active listing, and other evidence to show proactive leasing of the tenant space, and language that <br />clarifies the City Council will be notified of the decision by the Director of Community Development in <br />addition to the Planning Commission. <br />The DSP defers to the PMC for procedural requirements to verify it is active use. The Director of <br />Community Development may request a narrative that specifies business hours and a point-of-sale <br />system along with the floor plan and other information deemed necessary to ensure compliance with <br />the policy and code. Staff recommends the City Council consider future evaluation of the AGFUO as a <br />City Council Work Plan item. <br />In response to Councilmember Arkin, a business that has a supportive function in the back of the <br />business such as bookkeeping is consistent with 100% active use. Ms. Bonn confirmed that all nine <br />vacancies have been vacant for at least six months with the longest vacancy beginning January 2018. <br />She advised staff could not locate other cities or jurisdictions that have the same requirements. <br />In response to Councilmember Testa, Ms. Bonn reported there was a request for shared space for <br />personal service type use in the 500 block of Main Street, and the original request and resubmitted <br />revised application were denied. An appeal was filed to be heard by the Planning Commission. <br />In response to Councilmember Narum, Ms. Bonn clarified the applicant in the referenced appeal has <br />32% retail in the front and personal service in the back which is mixed-use. Staff would accept a <br />redacted version of the lease agreement that verifies the actual square footage. <br />Ms. Bonn explained that staff is relying on the owner to provide true information including photos. Other <br />materials to demonstrate proactive marketing can provide clarification. The Planning Commission <br />wanted the "for lease" sign, an active listing, and some other evidence of leasing the space including <br />email correspondence with prospective tenants to show they are trying to get the space leased. <br />Councilmember Balch believes using LoopNet to list commercial space is a better metric for measuring <br />vacancy. <br />In response to Councilmember Balch, Ms. Bonn clarified the City cannot dictate or condition store hours <br />but can do so for signage. The requirement before the City Council is for all active uses and text related <br />City Council Minutes Page 5 of 14 September 21, 2021 <br />
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