CCMIN 09212021 - Laserfiche WebLink

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