Pleasanton City Zoning Code
CHAPTER 18
81 ACTIVE GROUND-FLOOR OVERLAY DISTRICT
§ 18.81.010 Purpose.
In addition to the objectives prescribed in the underlying district, the active ground-floor overlay district is included in this title to achieve the following purposes:
A.
To provide a balanced physical environment conducive to pedestrian activity and a walkable street network; and
B.
To enable uses that support a vibrant, pedestrian-oriented experience throughout much of the day and evening and are a defining component of downtown Pleasanton.
(Ord. 2194 § 2, 2019; Ord. 222 § 1, 2021)
§ 18.81.020 Applicability.
This district shall apply to all properties within the areas designated as active ground-floor overlay district within the downtown specific plan, except as modified by the following:
A.
The overlay shall not apply to tenant spaces with a storefront whose primary access is not from Main Street or another street designated with the overlay (as depicted in the Downtown Specific Plan Land Use Diagram).
B.
For buildings that have multiple tenant spaces, the requirements of the overlay shall only apply to the tenant spaces with frontage on Main Street or a street designated with the overlay (as depicted in the Downtown Specific Plan Land Use Diagram).
C.
All uses in a tenant space accommodating multiple uses shall meet the definition of active uses in Chapter 18.08 of this title.
(Ord. 2194 § 2, 2019; Ord. 2222 § 1, 2021)
§ 18.81.030 Underlying zoning.
All uses shall comply with the regulations prescribed in Chapter 18.44 of this title and the underlying district, except as otherwise described by this chapter.
(Ord. 2194 § 2, 2019; Ord. 2222 § 1, 2021)
§ 18.81.040 Procedure for obtaining approval of use.
A.
In response to an application for zoning certificate approval for tenant spaces subject to the active ground floor use overlay, and notwithstanding Chapter 18.12 of this title, the director of community development may request additional information to verify the proposed use is consistent with the intent and provisions of this chapter and related policies in the Downtown Specific Plan. This additional information may include, but is not limited to:
1.
A written narrative signed by the business owner, outlining proposed hours of operation and basic business operations including confirmation of a cash register or other point-of-sale system, and other details of the business operation to demonstrate compliance with this chapter, to the satisfaction of the director of community development.
2.
A dimensioned floor plan clearly identifying leased square footage for each use in tenant spaces accommodating multiple uses. The director of community development may request a copy of the lease agreement to verify leased square footage.
(Ord. 2194 § 2, 2019; Ord. 2222 § 1, 2021)
§ 18.81.050 Procedure for granting exceptions.
A.
The director of community development or his or her designee may grant an exception to allow a non-active ground floor use within a tenant space or building, based on any of the following criteria:
1.
The lease for the existing use has ended and the existing use has been abandoned or discontinued for a period of at least six months. Evidence of attempts to lease space shall be provided to the director of community development and shall include all the following measures: (a) copies of posted advertisements or active listing; (b) date-and time-stamped photographs of "for lease" signage at the vacant space or storefront; and (c) other materials to demonstrate proactive marketing of the tenant space such as written correspondence with prospective tenants.
2.
The configuration of the tenant space is such that it would have a storefront frontage of less than 10 feet (as determined by the director of community development) on a designated active street.
3.
The tenant is located in an existing, purpose-built building containing a bank or financial institution as its primary tenant/occupant.
B.
Notice of the director of community development's decision shall be provided to the planning commission and city council. Such decision is subject to appeal in accordance with the provisions of Chapter 18.144 of this title.
(Ord. 2222 § 1, 2021)
