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Modification - Denied - 2004Appeal Planning Commission decision denying Modification to previously approved Site and Architectural Review Permit - 2110 S. Bascom A venue At the regular meeting of January 18, 2005, the City Council held a public hearing to consider the Appeal of the Planning Commission decision denying the application of Mr. Larry Fernandes, on behalf of the Fernandes Family Trust, for a Modification to a previously approved Site and Architectural Review Permit to allow interior improvements and a parking adjustment to an existing office building on property owned by the Fernandes Family Trust, located at 2110 S. Bascom Avenue, in an C-2-S (General Commercial) Zoning District. After hearing public testimony and following City Council discussion and deliberation, the City Council adopted Resolution No. 10445 denying the Appeal and upholding the Planning Commission denial of a Modification (PLN 2004-05) to a previously approved Site and Architectural Review Permit (PLN 2001-21) to allow interior improvements and a parking adjustment to an existing office building, located at 2110 S. Bascom A venue. A certified copy of this Resolution, adopted by a 4-0-1 vote with Councilmember Burr being absent, is attached for your records, together with a copy of the letter mailed to Mr. Fernandes, in follow-up to the City Council's action. Attachment: January 19, 2005 Mr. Larry Fernandes 2132 Canoas Garden Road San Jose, CA 95125 Dear Mr, Fernandes: At the regular meeting of January 18, 2005, the Campbell City Council held a public hearing to consider your Appeal, on behalf of the Fernandes Family Trust, of a Planning Commission decision denying a Modification to a previously approved Site and Architectural Review Permit to allow interior improvements and a parking adjustment to an existing office building on property owned by the Fernandes Family Trust, located at 2110 S. Bascom Avenue in an C-2-S (General Commercial) Zoning District. After hearing public testimony and following City Council discussion and deliberation, the City Council adopted Resolution No. 10445 denying your Appeal and upholding the Planning Commission denial of a Modification (pLN 2004-05) to a previously approved Site and Architectural Review Permit (PLN 2001-21) to allow interior improvements and a parking adjustment to an existing office building located at 2110 S. Bascom Avenue, incorporating the attaching [IDdings and subject to the Conditions of Approval. A certified copy of this Resolution, adopted by a 4-0-1 vote with Councilmember Burr being absent, is attached for your records. Continued. . . 70 North First Street. Campbell, California 95008.1423 . TEL 408.866.2117 . FAX 408.374.6889 . TDD 408.866.2790 Page 2 ... Appeal- 2110 S. Bascom Avenue Please do not hesitate to contact this office (866-2117) or Melinda Denis, Planner I, should you have any questions in regard to the City Council's action. Sincerely, Anne Bybee City Clerk Attachment: cc. Melinda Denis, Planner I RESOLUTION NO. 10445 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION DENIAL OF A MODIFICATION (PLN2004- 05) TO A PREVIOUSLY APPROVED SITE AND ARCHITECTURAL REVIEW PERMIT (PLN2001-21) TO ALLOW INTERIOR IMPROVEMENTS AND A PARKING ADJUSTMENT TO AN EXISTING OFFICE BUILDING ON PROPERTY OWNED BY THE FERNANDES FAMILY TRUST LOCATED AT 2110 S. BASCOM AVENUE IN A C-2-S (GENERAL COMMERICAL) ZONING DISTRICT. APPLICATION OF MR. LARRY FERNANDES, ON BEHALF OF THE FERNANDES FAMILY TRUST. FILE NO. PLN2004-05. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council did find as follows with respect to application PLN2004-05: 1. The proposed project consists of the interior remodel and parking adjustment to an existing office building. 2. The project site has a net area of 46,749 square feet and is developed with a 16,438 square foot multi-tenant office building. 3. The completed project would consist of the addition of 1,616 square feet for a total building area of 18,054 square feet. 4. The proposed project is not compatible with the surrounding neighborhood. 5. The proposed project is not consistent with the development standards for commercial uses. 6. The proposed project provides 25 compact parking spaces, 37 standard parking spaces, and three van accessible parking spaces for a total of 65 parking spaces where 80 parking spaces are required. The 65 parking spaces will not adequately address the parking needs of the proposed project. Based upon the foregoing findings of fact, the City Council further finds and concludes that: I. The proposed project is not consistent with the General Plan and Zoning Ordinance. 2. The proposed project will not aid in the harmonious development of the immediate area. 3. The proposed project is not compatible with the adjacent land uses and the surrounding neighborhood. City Council Resolution Denying Appeal and Upholding PC Denial ofPLN2004-05 2110 S. Bascom Avenue - Modification to Site and Architectural Review Permit Page 2 4. The subject site is not adequate in size and shape to accommodate the parking and loading facilities, and other development features required in order to integrate said use with uses in the surrounding area. NOW, THEREFORE, BE IT RESOLVED that the City Council denies an appeal and upholds the Planning Commission's denial of a Modification (PLN2004-05) of a previously approved Site and Architectural Review Permit (PLN2001-21) to allow interior improvements and a parking adjustment to an existing office building on property owned by the Fernandes Family Trust located at 2110 S. Bascom Avenue. PASSED AND ADOPTED this 18th call vote: day of January , 2005, by the following roll AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Hernandez, Furtado, Watson, Kennedy None Burr None ATTEST: ~ Anne Bybee, City Clerk 6.Y lw.k- ~J The City Clerk read the title of Ordinance 2054. M/S: Furtado/Watson - that further reading of Ordinance 2054 be waived. Motion adopted by a 4-0-1 vote, Councilmember Burr absent. 5, Appeal of Larry Fernandes regarding Planning Commission denial of application for a Modification (pLN2004-105) to a previously approved site and Architectural Permit to allow interior improvements to an existing office building on property owned by the Fernandes Family Trust located at 2110 S. Bascom in a C-2-S (General Commercial) Zoning District (Resolution/Roll Call Vote) This is the time and place for a public hearing to consider an Appeal of Larry Fernandes regarding Planning Commission denial of application for a Modification (PLN2004-105) to a previously approved Site and Architectural Review Permit to allow interior improvements to an existing office building on property owned by the Fernandes Family Trust located at 2110 S. Bascom in a C-2-S (General Commercial) Zoning District. Planner I Denis - Staff Report dated January 18, 2005, Mayor Kennedy declared the public hearing open and asked if anyone in the audience wished to be heard, Larry Fernandes, 2132 Canoas Garden Avenue, San Jose appeared before the City Council and spoke in support of the proposed modification and parking adjustment. There being no one else wishing to be heard, Mayor Kennedy closed the public hearing. Following discussion, M/S: Watson/Hernandez - that the City Council adopt Resolution 10445 denying an Appeal and upholding the Planning Commission denial of a Modification (pLN2004-05) to a previously approved Site and Architectural Review Permit (pLN2001-21) to allow interior improvements and a parking adjustment to an existing office building. Motion adopted by the following roll call vote: AYES : Councilmembers: Hernandez, Furtado, Watson, Kennedy NOES : Councilmembers: None ABSENT: Councilmembers: Burr UNFINISHED BUSINESS There were no agendized items. Minutes of 1/18/05 City Council Meeting 5 TITLE Appeal of a Planning Commission decision denying the application of Mr. Larry Fernandes on behalf ofthe Fernandes Family Trust for a Modification to a previously approved Site and Architectural Review Permit to allow interior improvements and a parking adjustment to an existing office building on property owned by the Fernandes Family Trust, located at 2110 S. Bascom Avenue in an C-2-S (General Commercial) Zoning District: CITY COUNCIL ACTION The City Council may take one of the following actions regarding the appeal: 1. Adopt a Resolution, incorporating the attached findings, approving an appeal and overturning the Planning Commission denial of a Modification (pLN2004-05) to a previously approved Site and Architectural Review Permit (PLN2001-21) to allow interior improvements and a parking adjustment to an existing office building; or 2. Adopt a Resolution, incorporating the attached findings and conditions of Approval, denying an appeal and upholding the Planning Commission denial of a Modification (PLN2004-05) to a previously approved Site and Architectural Review Permit (PLN2001-21) to allow interior improvements and a parking adjustment to an existing office building; or 3. Continue the item for additional information or refer the project back to the Planning Commission. ENVIRONMENTAL DETERMINATION The Planning Commission found that this project is Categorically Exempt under Section 15301, Class 1, of the California Environmental Quality Act (CEQA) pertaining to the minor alterations of existing private structures; therefore, no environmental action is required. BACKGROUND Applicant's Proposal: The applicant, Mr. Larry Fernandes, is requesting approval of a Modification to a previously approved Site and Architectural Review permit to allow interior improvements and a parking adjustment to an existing office building at 2110 S. Bascom Avenue. No exterior modifications or expansion of the existing building are proposed with the application. The project site is located on the southeastern corner of South Bascom Avenue and EI Solyo Avenue. The site is surrounded by commercial and single-family residential to the north, a single- family residence to the east, and commercial uses to the south and west. City Council Report PLN2004-00005 - 2110 S. Bascom Avenue Modification to a Site and Architectural Review Permit Page 2 Planning Commission Meeting: The Planning Commission, at its meeting of December 14, 2004, denied the project by a 5-1 vote. One member of the public spoke regarding the proposed project. The major issues of concern by the Planning Commission that were discussed at the meeting included the existing deficiency of on-site parking, overflow of parking into adjacent residential neighborhood, and significant increase of deficient on-site parking with the proposed project. Appeal: On December 27, 2004, the City Clerk received a letter of appeal from Mr. Larry Fernandes, appealing the Planning Commission's decision to deny the Modification (PLN2004- 05). A copy ofthe appeal letter is attached (see Attachment No.6). ANALYSIS General Plan Designation: The General Plan land use designation for the project site is General Commercial. The following General Plan Strategy was used in analyzing the proposed site layout and building design: . Strategy LUT-5.3h: Parking and Circulation: Provide adequate parking and encourage circulation patterns to serve commercial districts so as to discourage commercial traffic into adjacent residential zones. Zoning Designation: The zoning designation for the project site is C-2-S (General Commercial). The C-2-S Zoning District allows a variety of uses including office use. Site Layout: The building is currently divided into two tenant spaces. Tenant A is located in the front portion of the building and is currently occupied by First American Title Company. Tenant B is located in the rear portion of the building and consists of a first floor and a mezzanine. The existing mezzanine is open to the first floor below and the applicant is requesting approval to convert the mezzanine to a full second floor. Parking: The Parking and Loading Ordinance requires one parking space for each 225 square feet of floor area for an office use. The existing floor area yields a parking requirement of 73 parking spaces where 65 parking spaces are provided. The proposed addition would yield a parking requirement of 80 parking spaces where 65 parking spaces are provided. Staff is not supportive of the proposed parking adjustment because the project site is currently deficient in off-street parking. The addition would increase the parking deficiency from eight parking spaces to 15 parking spaces. Staff is concerned that traffic and parking would carry over into the adjacent residential neighborhood with the proposed addition. ALTERNATIVES 1. Deny the proposed project. 2. Approve the proposed project. 3. Continue for further review. City Council Report PLN2004-00005 ~ 2110 S. Bascom Avenue Modification to a Site and Architectural Review Pennit Page 3 FISCAL IMPACTS None Attachments: 1. City Council Resolution approving an appeal and overturning the Planning Commission denial of a Modification (PLN2004-05). 2. City Council Resolution denying an appeal and upholding the Plarming Commission denial of a Modification Map (PLN2004-05). 3. Planning Commission Meeting Minutes of December 14,2004 4. Planning Commission Resolution No. 3619 5. Planning Commission Staff Report of December 14,2004 6. Appeal letter from Mr. Larry Fernandes 7. Project Exhibits Prepared by: .. ~1lj~~~ Melinda M. Denis, Planner I ~'-~ /Sh~unity ~~velopment Director ~- ~ Robert Kass, Interim C(ty Manager Reviewed by: Approved by: Attachment #6 Fernandes Family Trust Larry Fernandes, Trustee 2132 Canoas Garden Road San Jose, CA 95125 (408) 265-3993 ext. 11 It IE C EI VIllI De C- 2 7 2004 CITY CLERK'S Offill {X#'Cv1 (~ Cn-r- ~-CkJ. f rfL /00°0 F December 24, 2004 City of Campbell Planning Division 70 North First Street Campbell, CA 95008 Attn: City Clerk Re: Appeal of Denial of Modification PLN2004-05 2110 S, Bascom Avenue, Campbell, CA To Whom It May Concern: I wish to appeal the denial of modification per your letter dated December 16, 2004. Please advise what additional actions are required on my part in order to continue this appeal of . of modification. December 16, 2004 Fernandes Family Trust Attn: Mr. Larry Fernandes 2132 Canoas Garden Road San Jose, CA 95125 Re: PLN2004-05 - 2110 S. Bascom Avenue - Denial of Modification Dear Applicant: Please be advised that at its meeting of December 14, 2004, the Planning Commission adopted Resolution No. 3619 denying your request for a Modification (PLN2004-05) to a previously approved Site and Architectural Review Permit to allow interior improvements and a parking adjustment to an existing office building on the above referenced property. This action is effective in ten calendar days, unless appealed in writing to the City Clerk by 5 p.m, on Friday, December 24, 2004. The time within which judicial review of this action must be sought is governed by Section 1094.6 of the California Code of Civil Procedure, unless another statute (such as California Government Code Section 65009 or some other applicable provision) sets forth a more specific time period is set forth. If you have any questions, please do not hesitate to contact me at (408) 866-2140. Sincerely, - ~fhfktW Melinda Denis Planner I cc: Ed Arango, Public Works Frank Mills, Building Ryan Rucker, County Fire 70 North First Street. Campbell, California 95008-1436 TEL 408.866.2140 FAX 408.871.5140 Tim 408.866.2790 RESOLUTION NO. 3619 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL DENYING A MODIFICA nON (pLN2004-05) TO A PREVIOUSLY APPROVED SITE AND ARCHITECTURAL REVIEW PERMIT TO ALLOW INTERIOR IMPROVEMENTS AND A PARKING ADJUSTMENT TO AN EXISTING OFFICE BUILDING ON PROPERTY OWNED BY THE FERNANDES FAMILY TRUST LOCATED AT 2110 S. BASCOM AVENUE IN A C-2-S (GENERAL COMMERCIAL) ZONING DISTRICT. APPLICATION OF MR. LARRY FERNANDES, ON BEHALF OF THE FERNANDES FAMILY TRUST. FILE NO. PLN2004- 05. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2004-05. 1. The proposed project consists of the interior remodel and parking adjustment to an existing office building. 2. The project site has a net area of 46,749 square feet and is developed with a 16,438 square foot multi-tenant office building. 3. The completed project would consist of the addition of 1,616 square feet for a total building area of 18,054 square feet. 4. The proposed project is not compatible with the surrounding neighborhood. 5. The proposed project is not consistent with the development standards for commercial uses. 6. The proposed project provides 25 compact parking spaces, 37 standard parking spaces, and three van accessible parking spaces for a total of 65 parking spaces where 81 parking spaces are required. The 65 parking spaces will not adequately address the parking needs of the proposed project. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is not consistent with the General Plan and Zoning Ordinance. 2. The proposed project will not aid in the harmonious development of the immediate area. 3. The proposed project is not compatible with the adjacent land uses and the surrounding neighborhood. Planning Commission Resolution No. 3619 PLN2004-0S-21l0 S. Bascom Avenue Denial of Modification to Site and Architectural Review Permit Page 2 4. The subject site is not adequate in size and shape to accommodate the parking and loading facilities, and other development features required in order to integrate said use with uses in the surrounding area. NOW. THEREFORE, BE IT RESOLVED that the Planning Commission DENIES a Modification (PLN2004-05) to a previously approved Site and Architectural Review Permit to allow interior improvements and a parking adjustment to an existing office building on property owned by the Fernandes Family Trust located at 2110 S. Bascom Avenue in the C-2-S (Central Business District) Zoning District. PASSED AND ADOPTED this 14th day of December. 2004. by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Commissioners: Commissioners: Commissioners: Commissioners: Alderete, Doorley, Gibbons. Rocha and Roseberry Francois None None ATTEST: ~ "-/' ~ , Sharon Fierro, Secretary Planning Commission Minutes Vol December 14,2004 Raffanti located at 260 E. Campbell Avenue, and found this project to be Categorically Exempt under CEQA, with the following modifications to the conditions: . Condition 2 B, this Conditional Use Permit will be reviewed by the Planning Commission in six months; . Condition 10 D - Trash and cleaning shall all be done after 8 a.m.; . Condition 11 - The 2 a.m. closing shall mean that the business is closed and shuttered with no activity, . Hours of operation will include the conclusion of liquor sales at 1 :30 a.m.; Music off at 1 :45 a.m., the building will be cleared and empty by 2 a.m. and the live entertainment would conclude at 1 a.m. . Live entertainment is allowed 2 days a week and DJ's are permitted 5 days a week, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Rocha and Roseberry NOES: None ABSENT: None ABSTAIN: None Chair Doorley advised that action is final unless appealed in writing to the City Clerk within 10 calendar days. *** Chair Doorley read Agenda Item No.4 into the record. 4. PLN2004-05 Fernandes, L. Continued Public Hearing (from the Planning Commission meetings of October 26, 2004 and November 9, 2004) to consider the application of Mr. Larry Fernandes, on behalf of the Fernandes Family Trust, for a Modification (PLN2004-105) to a previously approved Site and Architectural Review Permit to allow interior improvements to an existing office building on property owned by the Fernandes Family Trust located at 2110 S. Bascom Avenue in a C-2-S (General Commercial) Zoning district. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days. Project Planner: Melinda Denis, Planner I Ms. Melinda Denis, Planner I, presented the staff report as follows: . Advised that the applicant is seeking Modification to a Site and Architectural Review Permit to allow interior improvements and a parking adjustment. . Described the property as being located on the southeast comer of Bascom Avenue and EI Solyo Avenue with surrounding uses being Commercial and Single-Family to the north, Single-Family to the east and Commercial to the south and west. . Said that the General Plan designation is General Commercial and the Zoning Designation is C-2-S. Planning Commission Minutes lH December 14, 2004 Page 18 . Reported that a Site and Architectural Review Permit was approved in 2001 to allow the creation of two tenant spaces. Space A is located at the front the building and consists of 6,520 square feet. Space B is located at the rear of the building and consists of 5,798 square feet and a mezzanine space of 4, 182 square feet. Advised that the applicant is proposing to convert the mezzanine into a full second floor space with the addition of 1,116 square feet. Said that the parking ratio for this property is one space per 225 square feet. With 16,500 square feet of space, the parking required is 73 spaces. On-site parking provided is 65 spaces. With an addition, the total square footage increases to 18,116 square feet, with a parking requirement of 80 spaces therefore increasing the parking shortage to 15 spaces. Informed that staff is not supportive of this request due to this deficiency in off-street parking as the request increases the existing deficit from 8 to 15 spaces. . . . Commissioner Gibbons provided the Site and Architectural Review Committee report as follows: . SARC reviewed this project on October 1th and was not supportive due to the parking shortage. . Said that there is a history to the parking issue on this site. . Said that parking for the portion of the building proposed for this addition, which is located at the rear of the parcel and closest to residential uses, is also the portion of the site most likely to be impacted by overflow parking. Planner Melinda Denis: . Advised that a Parking Exception was approved in 2001. . Added that a long-standing recorded deed provides eight parking spaces on a parcel located across Bascom Avenue. This off-site parking is awkward and there is no crosswalk provided to cross Bascom at this point to reach those spaces. . Added that staff is not supportive in counting those spaces for this parcel. . Explained that this owner is trying to make this mezzanine space more rentable. Commissioner Rocha asked about disabled access to the rear portion of the building. Planner Melinda Denis said she would have to defer a response to the applicant. Pointed out that the applicant has done a tremendous job in cleaning up this property. Where there used to be lots of complaints about the appearance of the site, these days there are none. Chair Doorley opened the Public Hearing for Agenda Item No 4. Mr. Larry Fernandes, Applicant: . Explained that they are proposing to create an elevator and upstairs and downstairs lobby spaces. . Said that effectively, they would be taking square footage out by creating a nice entry and access to the second floor. These changes would make it possible to lease out the second floor. . Said that he has a 26 year lease. Planning Commission Minutes l.H December 14, 2004 Page 19 . Reported that First American Title has leased the front unit and rarely uses even 25 percent of their available parking. Additionally, his own parking needs are minimal and he does have some control on use of parking. Pointed out that they had more parking available but lost seven spaces when required to put in the streetscape. Advised that ADA parking is provided on side with two spaces in the back and one in the front. They were required to provide two and have provided three. Said if the seven lost spaces and eight spaces across Bascom Avenue are credited, they would have adequate parking. Reiterated that he is capable of controlling the number of people parking on site. . . . . Commissioner Francois asked how he proposes to control parking. Mr. Larry Fernandes said that while two real estate offices had inquired about renting space on site, he rejected that type of use. Commissioner Francois said that it appears that Mr. Larry Fernandes is being selected as to the types of tenants and uses on site. Mr. Larry Fernandes said that whoever is on site, he will be sharing parking with them for the next 25 years or so. Chair Doorley cautioned Mr. Larry Fernandes that the Commission has to consider other owners and/or occupants on site. Problems can arise if the site is sold to someone who does not care. Agreed that he has not noticed this site being under parked when passing by. Mr. Larry Fernandes said that he has a large pre-payment penalty so he plans to be there a long time. He added that the eight spaces across Bascom still offer a benefit to the community even if not used by people from his building. Chair Doorley said that perhaps employees could be required to use those spaces across Bascom. Mr. Larry Fernandes said that he did not think that this was likely to happen. From a legal standpoint, these spaces are there and available but from a practical standpoint they are not actually being used to serve this site. Mr. Lloyd Taylor, 1041 EI Solyo Avenue, Campbell: . Said that the applicant has done a nice job with the site and the planting of trees. . Said that there appears to be enough parking to serve the back unit but there may be problems for the back tenants in the future. . Advised that there are multi-family units nearby and lots of demand for street parking. Additionally, there have been several street sleepers who are spending the night in their cars along EI Solyo. . Said that the office complex next door to him has six suites and they also use street parking. Planning Commission Minutes In December 14, 2004 Page 20 Chair Doorley closed the Public Hearing for Agenda Item No.4. Commissioner Alderete asked staff if they are aware of a crosswalk across Bascom Avenue to reach the parking on the other side of the street. Planner Melinda Denis replied that she did not see one. Commissioner Alderete said that this means there is no reasonable access to those eight spaces. Director Sharon Fierro said that the City is not party to that private agreement for these eight spaces across S. Bascom Avenue. These spaces are not on site and are dangerous to access. Commissioner Alderete said it doesn't seem like the Planning Commission has had a project with this much of a parking deficiency in the past. Asked where the Commission should draw the line and if there are any practical solutions. Chair Doorley pointed out that often a shared parking concept is taken into consideration where uses on a site have different peak hours. It is hard in this case to find those where these overlaps might be. Commissioner Rocha said that the proximity to residential uses creates additional problems. Commissioner Gibbons reported that the implications of this deficient parking was discussed by SARc. Even if credit for the seven spaces lost with the streetscape were given, this site would still be short parking. Chair Doorley suggested that the training meetings held by the front tenant may be the main issue regarding parking shortages. Commissioner Rocha cautioned that attempting to place restrictions on an existing tenant at this juncture would be difficult. Commissioner Alderete questioned if additional spaces could be developed if the lot were to be redesigned and restriped. Senior Planner Geoff I. Bradley replied that the parking was maximized when the streetscape was put in. The existing layout is the most efficient possible. Planner Melinda Denis agreed saying that as many spaces as could be installed in this front lot were installed in order to meet the bare minimum requirements. Mr. Larry Fernandes said that he had been unaware that his front tenant was spilling out into the neighborhood. In their lease, that tenant has access only to a certain number of spaces. He can control that. Commissioner Alderete said that while Mr. Larry Fernandes might be able to control on-site parking, he cannot control how his tenant's visitors park along the street. Planning Commission Minutes Vol December 14, 2004 Page 21 Mr. Larry Fernandes said that he can tell them to eliminate the mass seminars. On a daily basis, this tenant does not use many parking spaces. This is not a big issue to handle. Chair Doorley asked Mr. Larry Fernandes what would occur if this company is not his tenant any more. Mr. Larry Fernandes asked staffifhis parking is considered underutilized or maxed out. Planner Melinda Denis said that for the existing tenants, square footage and uses, they are deficient by eight parking spaces. Common area square footage is also counted so with the building modifications the parking deficiency grows to 15 spaces. Senior Planner said that shopping centers have different peak times while straight office uses typically operate between 8 a.m. and 5 p.m. Chair Doorley asked if there is any value in the concept of continuing this item. Director Sharon Fierro replied that the parking has already been discounted for this site to reflect gross rather than net square footage. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Gibbons, the Planning Commission adopted Resolution No. 3619 denying a Modification (PLN2004-05) to a previously approved Site and Architectural Review Permit to allow interior improvements to an existing office building on property owned by the Fernandes Family Trust located at 2110 S. Bascom Avenue, by the following roll call vote: AYES: Alderete, Doorley, Gibbons, Rocha and Roseberry NOES: Francois ABSENT: None ABSTAIN: None Chair Doorley advised that action is final unless appealed in writing to the City Clerk within 10 calendar days. *** 6. PLN2004-123 Garcia, F. Public Hearing to consider the application of Mr. Frank Garcia, on behalf of Camargo & Associates, Inc., for a Site and Architectural Review Permit (PLN2004-123) to allow the construction of a new single-family residence and secondary living unit on property owned by Ms. Feria! Hanna located at 1400 Abbott Avenue in an R-I-IO (Single Family Residential) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Tim J Haley, Associate Planner Mr. Geoff I. Bradley, Senior Planner, presented the staff report as follows: ~~. o~ . CA41p(9 ~ <;. U r- 0 0 ... ... 'So ... <!' ,--' .O/¡CH¡\"'O' ITEM NO.4 CITY OF CAMPBELL. PLANNING COMMISSION Staff Report. December 14, 2004 PLN2004-05 Fernandes, L. Public Hearing to consider the application of Mr. Larry Fernandes, on behalf of the Fernandes Family Trust, for a Modification (PLN2004-05) to a previously approved Site and Architectural Review Permit (PLN2001-21) to allow interior improvements and a parking adjustment to an existing office building on property owned by the Fernandes Family Trust located at 2110 S. Bascom Avenue, in a C-2-S (General Commercial) Zoning District. STAFF RECOMMENDATION That the Planning Commission take the following action: 1. Adopt a Resolution, incorporating the attached findings, denying a Modification (PLN2004- 05) to a previously approved Site and Architectural Review Permit (PLN2001-21) to allow interior improvements and a parking adjustment to an existing office building, subject to the attached conditions of approval. ENVIRONMENT AL DETERMINATION Staff recommends that the Planning Commission find that this project is Categorically Exempt under Section 15301, Class 1 of the California Environmental Quality Act (CEQA), pertaining to minor alterations of existing private structures. PROJECT DATA Site Data: Gross Lot Area: Net Lot Area: 1.35 acres 1.07 acres 58,650 sq. ft. 46,749 sq. ft. Site Utilization: Building Coverage: Landscape Coverage: Paving Coverage: 26% 14% 60% 12,318 sq. ft. 6,513 sq. ft. 27,909 sq. ft. Building Area: Tenant A: Suite 100: Basement: Tenant B - Existing: First Floor: Second Floor: Tenant B - Proposed: First Floor: Second Floor: 6,520 sq. ft. 6,000 sq. ft. 5,798 sq. ft. 4,182 sq. ft. 5,798 sq. ft. 5,798 sq. ft. Staff Report - Planning Coluülission Meeting of December 14,2004 PLN2004-05 - 2110 S. Bascom Avenue Page 2 of 3 Parking: Required: Proposed: 80 parking spaces (18,116 sq. ft. @ 1:225) 65 parking spaces Adjacent Land Uses: North: South: East: West: CommerciaVSingle- Family Residential Commercial Single-Family Residential Commercial D ISCUSSI ON Applicant's Proposal: The applicant is requesting approval of a Modification (PLN 2004-05) to a previously approved Site and Architectural Review Permit (PLN2001-21) to allow interior improvements and a parking adjustment to an existing office building located at 2110 S. Bascom Avenue. Property Description: The project site is located on the southeastern corner of South Bascom Avenue and EI Solyo Avenue. The site is surrounded by commercial and single-family residential to the north, a single-family residence to the east, and commercial uses to the south and west. Background: Beginning in 1958, the Yardstick yardage and drapery store opened, occupying the entire building. In 1997, the front portion of the building was converted from retail to office (1 5t floor) and retail to warehouse (basement). The 1 st floor ofthe front building was leased out to Total Corporate Services while the Yardstick continued to occupy the remainder of the buildings. The Yardstick business closed their operation in 1999 due to a decline in business and attempted to lease out the building. In 2001, the Planning Commission approved a Site and Architectural Review Permit (PLN2001-21) for tenant improvements, architectural modifications, parking exception, and full site improvements to allow the conversion of the remainder of the building from retail to office use. By 2003, the Alters Family (owners of the Yardstick) sold the property to the Fernandes Family Trust. The Fernandes Family completed the full site improvements in 2003. ANALYSIS General Plan Designation: The General Plan land use designation for the project site is General Commercial. The following General Plan Strategy was used in analyzing the proposed site layout and building design: . Strategy LUT -5.3h: Parking and Circulation: Provide adequate parking and encourage circulation patterns to serve commercial districts so as to discourage commercial traffic into adjacent residential zones. Zoning Designation: The zoning designation for the project site is C-2-S (General Commercial). The C-2-S Zoning District allows a variety of uses including office use. Building Layout: The building is currently divided into two tenant spaces. Tenant A is located in the front portion of the building, which faces South Bascom Avenue, consists of 6,520 square feet, and is currently occupied by First American Title Company. Tenant B is located in the rear portion of the building, which faces El Solyo Avenue and single-family residential property. Tenant B consists of 5,798 square feet on the first floor and a 4,182 square feet mezzanine. The existing Staff Report ~ Planning COIlliiilssion Meeting of December 14, 2004 PLN2004-05 ~ 2110 S. Bascom Avenue Page 3 of 3 mezzanine is open to the first floor below and only allows for one tenant to occupy the entire space. The applicant is requesting approval to convert the mezzanine to a full second floor by adding 1,616 square feet for a total area of 5,798 square feet on the second floor. This would allow Tenant B to be divided into three separate tenant spaces. Parking: The Parking and Loading Ordinance requires one parking space for each 225 square feet of floor area for an office use. The existing floor area is 16,500 square feet, which yields a parking requirement of 73 parking spaces where 65 parking spaces are provided. The proposed addition of 1,616 square feet would bring the total floor area to 18,116 square feet, which yields a parking requirement of 80 parking spaces where 65 parking spaces are provided. The Planning Commission has the authority to adjust the parking requirements for a specific use at a specific location rot require either a greater or lesser number of parking spaces when it determines that circumstances warrant an adjustment. Adjustments to off-street parking requirements may be allowed subject to the finding of the Planning Commission that adequate parking, circulation, and access are provided for all users. Staff is not supportive of the proposed parking adjustment because the project site is currently deficient in off-street parking. The addition of 1,616 square feet would increase the parking deficiency from eight parking spaces to 15 parking spaces. Staff is concerned that traffic and parking would carryover into the adjacent residential neighborhood with the proposed addition. In order to maximize the use of Tenant Space B without increasing the parking deficiency, the applicant is allowed to reconfigure the square footage on the mezzanine without increasing the floor area. The applicant would be required to obtain a Building Permit for an interior remodel. Exterior Modifications: No exterior modifications to the building or project site are proposed in conjunction with the interior improvements. Site and Architectural Review Committee: The Site and Architectural Review Committee reviewed this item on October 12, 2004 and was not supportive ofthe proposed project. Attachments: 1. Findings for Denial of File No. PLN2004-05 2. Findings for Approval of File No. PLN2004-05 3. Conditions of Approval for File No. PLN2004-05 4. Applicant's Letter 5. Exhibits (Site Plan, Floor Plan, Elevations, and Photos) 6. Location Map c~~' Prepared by: . ~, '4-/ Melinda M. Denis, Planner I Approved bY:~ 6 ~~ Geoff 1. Bradley, SenIor lanner Attachment # 1 FINDINGS FOR DENIAL OF FILE NO. PLN2004-05 SITE ADDRESS: APPLICANT: DATE: 2110 S. Bascom Avenue Larry Fernandes on behalf of the Fernandes Family Trust December 14, 2004 Findings for denial of a Modification (PLN2004-05) to a previously approved Site and Architectural Review Permit (PLN2001-21) to allow interior improvements and parking adjustment to an existing office building at 2110 S. Bascom Avenue The Planning Commission finds as follows with regard to File No. PLN2004-05: I. The proposed project consists of the interior remodel and parking adjustment to an existing office building. 2. The project site has a net area of 46,749 square feet and is developed with a 16,438 square foot multi-tenant office building. 3. The completed project would consist of the addition of 1,616 square feet for a total building area of 18,054 square feet. 4. The proposed project is not compatible with the surrounding neighborhood. 5. The proposed project is not consistent with the development standards for commercial uses. 6. The proposed project provides 25 compact parking spaces, 37 standard parking spaces, and three van accessible parking spaces for a total of 65 parking spaces where 81 parking spaces are required. The 65 parking spaces will not adequately address the parking needs of the proposed project. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: I. The proposed project is not consistent with the General Plan and Zoning Ordinance. 2. The proposed project will not aid in the harmonious development ofthe immediate area. 3. The proposed project is not compatible with the adjacent land uses and the surrounding neighborhood. 4. The subject site is not adequate in size and shape to accommodate the parking and loading facilities, and other development features required in order to integrate said use with uses in the surrounding area. Attachment #2 FINDINGS FOR APPROVAL OF FILE NO. PLN2004-05 SITE ADDRESS: APPLICANT: DATE: 2110 S. Bascom Avenue Larry Fernandes on behalf of the Fernandes Family Trust December 14, 2004 Findings for approval of a Modification CPLN2004-05) to a previouslv approved Site and Architectural Review Permit (PLN2001-21) to allow interior improvements and parking adjustment to an existing office building at 2110 S. Bascom Avenue The Planning Commission finds as follows with regard to File No. PLN2004-05: 1. The proposed project consists of the interior remodel and parking adjustment to an existing office building. 2. The project site has a net area of 46,749 square feet and is developed with a 16,438 square foot multi-tenant office building. 3. The completed project would consist of the addition of 1,616 square feet for a total building area of 18,054 square feet. 4. The development of the proposed project will result in an office use that is consistent with the General Plan Land Use Designation of General Commercial for the project site. 5. The proposed project is a permitted use within the C-2-S Zoning District. The proposed project meets the minimum setbacks and height restriction requirements of the C-2-S Zoning District. 6. The proposed project is well designed and is architecturally compatible with the surrounding neighborhood. 7. The proposed project is consistent with other developments in the surrounding area and is consistent with the development standards for commercial uses. 8. The proposed project provides 25 compact parking spaces, 37 standard parking spaces, and three van accessible parking spaces. The 65 parking spaces will adequately address the parking needs ofthe proposed project. 9. The project qualifies as a Categorically Exempt project per Section 15301, Class I (Existing Facilities) of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed project is consistent with the General Plan and Zoning Ordinance. 2. The proposed project, as conditioned, will aid in the harmonious development of the immediate area. Attachment #2 Page 2 of2 3. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required Conditions of Approval, will have a significant adverse impact on the environment. 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. The subject site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, and other development features required in order to integrate said use with uses in the surrounding area. 6. The subject site is adequately served by streets of sufficient capacity to carry the kind and quantity of traffic such use would generate. 7. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 8. There is a reasonable relationship and a rough proportionality between the Conditions of Approval and the impacts of the project. Attachment #3 CONDITIONS OF APPROVAL FOR FILE NO. PLN2004-0S SITE ADDRESS: APPLICANT: DATE: 2110 S. Bascom Avenue Larry Fernandes on behalf ofthe Fernandes Family Trust December 14, 2004 The applicant is hereby notified, as part of this application, that (s)he is required to meet the following conditions in accordance with the ordinances of the City of Campbell and the State of California. The lead department with which the applicant will work is identified on each condition where necessary. Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney, or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted engineering practices, for the items under review. Additionally, the applicant is hereby notified that (s)he is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified: COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Project: Approval is granted for a Modification (PLN2004-05) to a previously approved Site and Architectural Review Permit (PLN2001-21) to allow interior improvements and a parking adjustment to an existing office building located at 2110 S. Bascom Avenue. Approval shall substantially conform to the project exhibits listed below, except as may be modified by the Conditions of Approval contained herein: a. Revised project plans prepared by Charles Cunningham, Architect, including a site plan, floor plans, and elevations stamped as received by the Planning Division on August 17, 2004. 2. Approval Expiration: The Modification approval shall be valid for one year from the date of final approval. Within this one-year period the use must be established on the property and conditions of approval satisfied. Failure to establish such use within one year from the date of final approval or to satisfy the conditions of approval will result in the Modification being void. 3. Revocation of Permit: Operation of the use in violation of the Conditional Use Permit or any standards, codes, or ordinances of the City of Campbell shall be grounds for consideration of revocation ofthe Conditional Use Permit by the Planning Commission. 4. Property Maintenance: The owner/operator of the subject property shall maintain all exterior areas of the business free from graffiti, trash, rubbish, posters and stickers placed on the property. 5. Outdoor Storage: No outdoor storage is permitted on the subject property. No equipment, materials or business vehicles shall be parked and/or stored outside the building or within the parking lot. Attachment #3 Page 2 of 3 6. Previous Conditions of Approval: All previous conditions of approval shall remain in effect as stipulated in Planning Commission Resolution No. 3331 for approval of the Site and Architectural Review Permit (upPLN2001-21), except as herein modified by the conditions of approval for the Modification. 7. fuw: No sign age is permitted as part of the development application approved herein. New signage shall not be installed prior to approval of a sign permit as required by Chapter 21.53 of the Campbell Municipal Code. Building Division 8. Permits Required: A building permit application shall be required for the proposed creation of new tenant spaces in the ( e) commercial structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part ofthe permit. 9. Construction Plans: The conditions of Approval shall be stated in full on the cover sheet of construction plans submitted for building permit. 10. Size of Plans: The minimum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 11. Plan Preparation: Portions of this project require plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 12. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. Site plan shall also include site drainage details. 13. Title 24 Energy Compliance: California Title 24 Energy Standards Compliance forms shall be blue-lined on the construction plans. Compliance with the Standards shall be demonstrated for conditioning of the building envelope and lighting of the building. 14. Special Inspections: When a special inspection is required by D.B.c. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with D.B.C Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 15. Non-Point Source Pollution Control: The City of Campbell, standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24" by 36") is available at the Building Division service counter. 16. Title 24 Accessibility - Commercial: On site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to building entrances from parking facilities and sidewalks. Attachment #3 Page 3 of3 17. Title 24 Accessibility - Commercial: Projects seeking to use the Title 24 Hardship exemption clause shall blue-line complete, City of Campbell "20%" exemption fonn on submitted construction plans. Form is available at the Building Division service counter. 18. PG&E: Applicant is advised to contact Pacific Gas and Electric Company as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. Applicant should also consult with PG&E concerning utility easements, distribution pole locations and required conductor clearances. 19. Approvals Required: The project requires the following agency approvals prior to issuance of the building permit: a. West Valley Sanitation District (378-2407) b. Santa Clara County Fire Department (378-4010) FIRE DEPARTMENT 20. Review of this Development Proposal is limited to acceptability of site access and water supply as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building department all applicable construction permits. 21. Required Fire Flow: The fire flow for this project is 4,000 gpm at 20 psi residual pressure. The required fire flow does not appear to be* available from area water mains and fire hydrant(s) which are spaced at the required spacing. * - (Insufficient flow in area mains. Flow analysis being performed by San Jose Water Company) 22. Automatic Fire Sprinkler System Required: buildings requiring a fire flow in excess of2,000 GPM shall be protected throughout by an automatic fire sprinkler system, hydraulically designed per National Fire Protection Association (NFPA) Standard #13. It is noted that the existing building contains a partially sprinklered portion (basement only). This addition does represent an increase in floor area, which causes the fire flow reassessment noted in comment #21 above. The requirement of this comment is to complete the fire sprinkler installation throughout all portions of the building. A State of California licensed fire protection contractor shall submit three (3) sets of plans, calculations, ac completed permit application, and appropriate fees to this department fore review and approval prior to beginning their work. 23. Prior to building permit approval, the Architect shall reflect compliance with the 2000 Uniform Building and Fire Codes relative to any area or occupancy separation and exiting provisions as may be appropriate to those Codes. Attachment #4 Fernandes Family Trust Larry Fernandes, Trustee 2132 Canoas Garden Road San Jose, CA 95125 RE'-f":"'rn =,r/ "',"--c, d ,\, ,"- " "~ ~&"'~ u (408) 265-3993 ext. 11 AUG 1 7 2004 CITYO""""',:",-',""",:,.'.',:,',-.l ï L'l~t";"'"'i ,;-$ PLANf\!, H\!V~,\,' "",,';, ,.<'-;:,':::- hll ';..¡ ucí-'I. August 13, 2004 City of Campbell Planning Division 70 North First Street Campbell, CA 95008 Re: Modifications to a Previously Approved Site and Architectural Permit Subj: Proposed Project to modify a portion of the I Sl and 2nd floor to accommodate office use. Change of use from Retail to Office was approved in 2001 by the City of Campbell History The original building was built in the 1960's and used as a retail fabric and drapery store (The Yardstick). The 1 sl floor (approx. 6,500 sf) served as showroom with a basement/warehouse below of approx. 6,000sf. The basement is served by 2 sets of stairs and a conveyor belt from the loading dock. In 1972, a 2 story addition (approx. 10,000sf) was build behind the original building. As the Yardstick business grew, there was a need for additional showroom space. It was designed with a grand staircase to a very open second floor (see phase II drawings). As the Yardstick business declined, less space was required. In 1997, the original building portion was leased to another company while the Yardstick retained the rear approx. 10,000 sf as showroom and office. As business continued to decline, the Yardstick closed their 40 year operation at the Bascom Avenue location and moved to 1,500 sfin San Jose. The Alters (Yardstick Owners) tried to lease the rear building for approximately 2 years with no success. They thought if they upgraded the exterior appearance of the building it would be more attractive to potential lessees. The Alters entered into an agreement with the City (Resolution 331) to upgrade the facade in 2 phases in 2001. They completed (98% of Phase I) the rear facade upgrade and continued to try and lease the rear building with no success. The 2003 the Alters decided they were unable to complete Phase II of the project and sold the property to Larry Fernandes. Phase II of the project was completed in late 2003 by the new Owner. 1 Problem The rear building remains unoccupied because of the unusual floor plan layout. We have had several potential users look at the space without much interest from what we consider long term quality lessees. The interested parties were: A dog training group, Exit Realty, Circarta Realty, Bridge Radio (Cellular phone company) and some miscellaneous inquiries. Although the original floor plan works well for retail, it is very awkward for office use. Realty companies have an interest, but we believe they may overburden the available open space with cubicles. My company (Fernandes and Sons General Contractors) has a 26 year lease on the building. We plan on putting our business office in a portion of the back of the building. We would like to create quality office space to attract a long term company that is compatible with the use of the building, our company, First American Title (front building lessee) and the neighborhood. Parking, as the building is classified now, is deficient. Request The solution (see proposal and plans) would be to fill in a portion of the second floor, relocate the stairway, install an elevator and create some common area square footage on the 151 floor to access the second floor. An inviting lobby with marble floors and a chandelier would be perfect. Parking requirements limit the flexibility in design. We believe our proposal will lend itself well to long term professional/financial tenants that make good neighbors for the mixed use neighborhood. Currently the entire space is usable as office space. Our solution would remove usable office space from the first floor by creating a lobby and common area for the multiple tenant space. Although still part of the building, it would reduce the effective usable office space. The large expense involved with installing elevators ($100,000) stairways ($20,000) second floor work ($50,000); lobby ($100,000) and fire sprinklers ($60,000.00)should insure any chance of it ever being turned back into usable office space. Proposed Parking Solution The original parking configuration allowed for 70 spaces. 7 additional spaces could have been created with minor changes in layout by closing the Bascom Avenue approach and creating more compact spaces. This would have yielded 77 spaces. The facade upgrade triggered the City streetscape requirements. The dedication of property frontage to the City of 10 feet along Bascom Avenue further reduced our parking by 12 spaces. Currently, the basement is classified as warehouse and has 15 spaces allocated to it. The parking lot layout has made the basement ineffective as a warehouse. The closure of the approach on EI Solyo makes it difficult for trucks to access the loading dock. Large trucks cannot enter the parking or loading dock area at all. Forklift or elevator access is not available. The area is served by a conveyor belt making access difficult for other than small items. We will use this area to store files, plans, small tools and miscellaneous small items that can be carried down stairs or put on the conveyor belt. The small loading dock must be retained as it is our best access to the basement. Fernandes and Sons has eight employees in the office with two of them in the field most of the day. We propose this area 2 classification be changed with five parking spaces allocated to it. Our parking needs are minimal. The building is served by 8 additional deeded parking spaces at 2155 Bascom Avenue. Although not adjacent to this property, it still adds parking for the neighborhood ( see deed enclosed). Existing Parking Condition Office @ 1 :225 16,500 sf Warehouse @ 1:400 6,000sf Total Required Total Provided 73 15 88 65 (26% deficiency) Proposed Parking Condition Office @ 1:225 18,096sf Storage Area (previous Warehouse) Proposed Required 81 5 86 Provided on Property Provided Deeded Spaces Total Proposed 65 8 73 (15% deficiency) NOTE: The proposed parking condition calculation does not include any consideration for elevator, elevator equipment room, stairway and the 12 parking spaces lost to streetscape. The actual parking deficiency may be lower than I have calculated. This calculation also retains 3 handicap parking spaces with only 2 spaces required for parking lots with 80 or less spaces. Summary This is a long term endeavor for us. Fernandes and Sons has a 26 year lease. First American Title has a 5 year lease with 10 years of options (15 years total) and we have a very interested party that wants a 7 year lease with 10 years in options. History has shown that the current configuration doesn't work. When the previous owners changed the use to office from retail they didn't consider office space requirements. A reduction in usable space alone without filling in the second floor doesn't meet the monthly financial requirements making it difficult to maintain and retain a high quality building for years to come. 3 We believe we need this change to attract the quality of company that would be good for the City, neighborhood and Fernandes and Sons. After all, we will have to share a parking lot and building with them for the next 26 years. 4