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Pleasanton City Council � FARELLA January 18, 2023 BRAUN+MARTELLtP Page 6 from the earlier rezoning is being counted as providing 160 units, including 30 lower income units,without substantial evidence that those four acres will also be developed during the next eight years. The owner's decision, eleven years after the rezoning took place, to propose a more limited six-acre development despite high density residential zoning authorizing a 10-acre development, suggests that the owner does not plan to develop the other four acres. The owner may be content to leave the other four acres either for the existing use of retail mall parking (which will continue to be needed as other portions of the parking lot will now be redeveloped as housing based on the new rezoning)or else to redevelop it for new retail, cinema, specialty, and health club facility uses, as the City has already approved for a portion of the parcel. Absent substantial evidence that Simon plans to build high-density residential to the maximum extent permitted by both the existing zoning and the new proposed zoning, including the four acres not used by its 2022 project proposal, the existing use is presumed to preclude lower income housing. 4. Rose Pavilion Shopping Center(APN 946-1100-39-2 and-1100-40). Rose Pavilion is a shopping center located just off the Santa Rita exit for Interstate 580. It is anchored by a Trader Joe's on one side, and a 99 Ranch Market(a grocery store)on the other. On the 99 Ranch Market portion of the center between Santa Rita Road and Rosewood Drive,there is also a Macy's Home Furniture, a Restoration Hardware Outlet, a Total Wine and Spirits,a jewelry store, hair salons, martial arts and other gyms/fitness facilities, and a number of quick service and other restaurants, including a Starbucks, a Panda Express, and a Baskin- Robbins ice cream store.6 According to the owner, the shopping center has 3.25 million visits per year; 8,900 visits per day. It is by any measure a busy,thriving retail center. An earlier version of the draft Housing Element sent to HCD had listed APN 946-1100- 43, along the Santa Rita Road side of the shopping center and parking lot, as being a housing site for 62 units of lower income housing; in the latest draft, two different parcels of the same shopping center are now designated instead, but with the same claim that they will accommodate 62 lower income units. The parcels designated are those containing a Macy's Furniture Store (4255 Rosewood Drive), and what would appear to be about 33%of the parking for the portion of the shopping center between Santa Rita Road and Rosewood Drive. The other uses are apparently expected to remain, and the City does not provide any evidence that the Macy's Furniture Store plans to relocate. The store building is not old or dilapidated;the inventory reports that it was built in 1991, and new solar panels—a project valued at $573,300—was installed on the roof of the Macy's Furniture Store in 2017. The Macy's Furniture Store was also re-roofed in 2018 (a project valued at $102,300). Further,just eight months ago, the Macy's Furniture Store received a new zoning certificate. Absent substantial evidence that the existing uses–both the Macy's Furniture Store, and the parking for the other uses of the shopping center 6 HAC Appendix Tab 10. 7 Most major shopping centers like Rose Pavilion include provisions in their leases providing for parking rights. Moreover, Pleasanton has certain minimum standards for retail