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Pleasanton City Council (a FABELLA <br /> January 18, 2023 BRAUN+MARTELup <br /> Page 9 <br /> use is likely to continue. Pleasanton Building Permit# B17-2786. A visit by the undersigned to <br /> the front door of the facility on January 16, 2023 confirmed that signs in the window refer to <br /> AT&T as the occupant. If the City had performed its statutory duty to investigate and describe <br /> the existing use, it would have quickly concluded that AT&T's use was likely to continue. There <br /> is continuing market demand for phone and internes access in Pleasanton, and there's no reason <br /> to think this business will discontinue or relocate. <br /> The City Council is required to make findings based on evidence, not uninformed <br /> speculation. If the Council relied only on the information presented by the draft and the staff <br /> report, it would be impossible to make findings that this particular building will provide any <br /> housing at all, or that its existing use is likely to discontinue, because the necessary analysis has <br /> not been presented. See Government Code § 65583.2(g)(1) and (g)(2). Without a Housing <br /> Element that informs the City Council what the existing use is, the City Council cannot make <br /> credible findings that the existing use will be discontinued. But in light of the information <br /> presented in this letter—that the use is actually a key part of the telephone/internet infrastructure <br /> of the community—the City Council has enough information to decide: this is not a non-vacant <br /> site where the existing use is likely to discontinue during the required timeframe. <br /> 7. The Downtown True Value Hardware Parking Lot(APN 94-107-10-4) <br /> The site inventory lists APN 94-107-10-4 as"vacant" land. It isn't.9 It's the parking lot <br /> next to the downtown hardware store located at 652 Main Street, Pleasanton, between Spring and <br /> Division,and is pictured on the left hand side of the photo here: <br /> , ^rya . <br /> • <br /> t.HARD , ,y i"1 .•' s c rii <br /> itop 1:04 P. <br /> ` 1111' <br /> _ I --, <br /> • <br /> The City Council has no evidence that people will stop parking in the parking lot next to <br /> the downtown hardware store during the next eight years; chances are that if anyone wanted to <br /> build a four-story apartment building at this location in the heart of the charming downtown, the <br /> 9 See HCD Site Inventory Guidebook(May 2020)at p. 24(explaining that paved parking <br /> lots are considered non-vacant). <br />