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5 Page 5 of 8 April 2 nd, 2014 Zoning Adjustments Board (ZAB) City of Berkeley, CA RE: Domino s Pizza, 3264 Adeline Street (APN: ) ZAB Meting April 10 th, 2014 Address Appeal Administrative Use Permit Application - Existing retail to restaurant use Tenant/Applicant: Team So-Cal, Inc. Attn: Tareq M. Hishmeh 1811 Knoll Dr, Suite A/B Ventura, CA o f tareq@hishmehenterprises.com Contact: Acute Consulting / Permit-Expeditors Attn: Heidi Miller PO Box 1267 Orinda, CA o f pe@permit-expeditors.com Dear City of Berkeley Planning Department: We appreciate your reviewing our proposal for a new Dominos pizza restaurant located at 3264 Adeline Street. We understand you currently have been provided our full set of plans, proposal application packet including narrative outlining operations and new concept, recent supportive parking surveys provided by the engineering department and a recommendation of support by the City of Berkeley Planning Department. We appreciate and are in support of the planning department s decision to approve our proposal. In efforts to not duplicate the above information we would like to follow up at this time to offer additional general information regarding our proposal as well as address some concerns made by the appellant below: New Owners I as the new owner started as a delivery person many years ago and have grown to be extremely knowledgeable of the restaurant business and intend to run a professional responsible business with a personal touch. In addition, we will have a General Manager that will be overseeing the restaurant on a daily basis. We are offering a wonderful concept which includes a new menu with artesian pizzas, a great new pizza theatre viewing room, in house dining with a friendly atmosphere for guest to enjoy.

6 Page 6 of 8 It has been widely expressed that our proposal will be welcomed into the neighborhood by many, will add a desirable service to the area and there has been supportive press looking forward to business joining the neighborhood. Additionally we intend to substantially upgrade the interior of the building and it will be maintained going forward. We are a hands on team and are making all efforts to have a positive impact, create a great relationship with neighboring business, residents and guests going forward. At this time we have already made a substantial investment in efforts to start a new business and make improvements to the space. Unfortunately current delays are creating large losses prior to opening. Parking Two recent parking surveys in the area have been provided by the engineering department which clearly shows there is plenty of parking in the area. At the peaks: Survey 1: shows that 150 spaces avail and never over 51% full with 74 or more vacant spaces Survey 2: shows that 271 spaces available 39-64% full with or more vacant spaces available The busiest hours of Dominos operations are from 6-10 pm which is when parking availability is the most abundant and deliveries will additionally help minimize parking requirements. As you know parking is not limited to the spots directly right in front of anyone s space. At any given time near this location, one can find a parking spot right in front or within a block. We are additionally proposing to install bike racks inside and on the sidewalk in efforts to promote personal transportation, will implement the Voucher System for employees to promote public transportation. This location is near various bus lines and not far from Ashby Bart Station. Trash Management I as the new owner along with my manager and employees intend to be responsible, will run a proper Class A Business and will monitor trash in the area. An in-house enclosure to contain trash is being provided shown on the floor plan and trash stations will be available in the dining area for all guests to utilize with the purpose that disposal of trash will be contained and monitored within the premises. We intend to schedule for at least 3 trash pick-ups a week or as required to maintain a clean environment. Deliveries additionally limit trash to the area. Restaurant Vs. Retail According to the code restaurants are an allowed use in this district and if over 1000sf allowed with an approved conditional use permit. The neighborhood has a nice variety of business of which include both restaurant and retail in the area. Restaurants are a highly desirable service and retail tenants tend to be more interested in smaller spaces such as the 700sf space next door. Although

7 the appeal was generated under impression parking was the issue, yet we feel after discussion that the source of the appeal is more so to alleviate restaurant competition in the area. Vacancy in a Building As you know vacancies in a building/neighborhood is potentially harmful to the success of surrounding businesses, neighborhoods and invites crime. This beautiful building has been vacant for well over a year at this time. This proposed restaurant will fill a vacancy and offer a nice service to guests. It intends to invite people to patronize this business as well as surrounding businesses. Leasing Space The property has not be given a legitimate offer with exception to the current applicant. Previously there was potential interest from a Live Theatre/Club but noise and crime may have been issues. A Kickboxing Studio had offered but did not follow through. Other than that the Building Owner is also an owner of a RE Brokerage business yet has not been able to lease the space. Retail offers seem to be more interested in smaller spaces like 700sf next door and interest in users looking for 2,000+ sf as in our space are very scarce in this neighborhood. The owner is not asking high rental rates; the only place you might find cheaper or similar rental rates are along stretches of Sacramento Street. There was previously non-owner affiliated Dominos in the neighborhood for 20+ year that was extremely successful and brought the city approximately 100,000 a year in taxes. After which, the neighborhood tried more upscale pizza, with Addie's Pizzeria on the corner yet it did not last, perhaps because of the price point for the neighborhood. Domino's serves affordable pizza, family friendly environment, clean and a brand new facility in a building that has been well maintained. Allowed Uses without Use Permit Application Some not so desirable uses would be allowed without a use permit and other allowed uses would require more parking allowance than our proposal i.e. RE office with brokers plus clients. Rebuttal to Appellants ATTACHMENT 6 Page 7 of 8 It has come to our attention that several persons who signed the appeal petition were misinformed or misunderstood when asked to sign the petition. They were within the understanding that we would literally be REMOVING 2-3 parking spaces and did not know the appeal was associated with the Dominos Restaurant. With this understanding in mind they signed the petition. As you know, we are not requesting to remove any spaces yet requesting to waive the requirement of spaces as all recent parking surveys and general knowledge of the area support that there is abundant parking available in the area. Additionally our concern is that parking is not necessarily the underlying foundation of the appeal, yet we feel more so that it is a restaurant owners attempt to potentially alleviate or obstruct competitive restaurant uses in the area. This notion is generated due to conversations between our consultant and the appellant a local restaurant owner. The majority of conversations were directed

8 toward not having more restaurant uses in the area yet the appellant was fine a business that would contain Real Estate Brokers which clearly would take up more parking spaces than our proposal. The appellant had explained that someone going to a RE office would be more apt to walk a block then someone going to a restaurant Supporters Prior to the application process, our consultant had talked with Sam Dyke on the Adeline/Alcatraz Merchants Association, he was in support of our proposal and felt it would be a nice addition to the neighborhood. On March 3 rd the building owner attended the local merchant meeting. The appellant was additionally in attendance. When our proposal came into discussion the majority of the merchant group persons present did not share in the appellants desire to appeal. In fact, one gentleman directly asked to him to drop it and let us have the permit without further delay. The association members were in agreement to let the project proceed without appeal or further obstruction. The building owner did not come away with the sense that parking is such a concern for the merchant community yet instead the general feeling is that having more traffic and visitors filling up parking spaces is a good problem to have. In general persons have expressed support of the new pizza restaurant and look forward to the new concept proposed. We appreciate your time in reviewing our project and look forward to discussions on April 10 th ZAB Meeting. Regards, Sam Hishmeh Dominos ATTACHMENT 6 Page 8 of 8