From:                              Chris Halmont [chris.halmont@gmail.com] Sent:                               Wednesday, September 05, 2012 11:52 AM To:                                   Asbagh, Claudine M. Cc:                                   Asbagh, Claudine M. Subject:                          Change of Use Application #12‐20000089 Dear Ms. Asbagh, This email is to voice my opposition to the Change of Use Application submitted by Avila Design (Application # 12-20000089). The applicant contends that the change of use is due to the changing retail aspect of the music business and Mr. Avila further contends that this is to augment his business. Mr. Avila has been disingenuous about the change in music retail affecting him negatively when he has created an online music store and has been very successful for the past decade. The applicant is not forth coming about his true intention—trying to eliminate a small family owned business that is truly loved by the local community. The applicant’s client has demonstrated on countless previous business dealings, with the City of Berkeley and local Berkeley merchants, his true intentions of trying to eradicate or take over any successful business in the neighborhood. Similar to the tactics of a bully, Mr. Avila’s client is using his immense financial resources to cripple a locally owned and run business just so that he could enhance his financial portfolio. Fortunately, we live and work in Berkeley where the city protects small merchants from the unfair practices of the wealthy landowners who want to dominate the city leaving no trace of young, independent, and family owned businesses. I respectfully ask that you deny this application and keep me informed of any updates regarding this application. Warm Regards, Chris Halmont

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Halmont_Chris_Opposition_2401 Telegraph.txtFrom: Chris Halmont [chris.halmont@gmail.com]Sent: Monday, September 10, 2012 11:36 AMTo: Asbagh, Claudine M.Subject: Re: Change of Use Application #12-20000089

Follow Up Flag: Follow upFlag Status: Flagged

Dear Ms. Casbagh, First off I would like to say thank you for your quick response. Secondly, I would like to answer some of the questions you posed. My letter of protest was not in defense of a specific retailer or to protect a specific entity, but rather I am speaking on the principle that our neighborhood does not need any more frozen dessert shops. I am speaking about protecting our existing merchants. These merchants have served our community for several years and have become a symbol of the City of Berkeley. Newcomers will not provide anything substantial to the community; it will further dilute existing customer bases and weaken the present merchants. The moratorium on food services was

intended to help and protect small businesses from a flood of service providers thatwill have a harmful impact on existing merchants. Regardless of who the applicant is, the principle remains the same—the Telegraph Avenue corridor has enough dessert shops and adding yet another one will not prove to be beneficial, but rather detrimental. Once again, I ask that you deny this application. It would be much appreciated if you keep me updated with any new developments in regards to this application. Thank you very much.

Warm regards,Chris Halmont

On Wed, Sep 5, 2012 at 12:04 PM, Asbagh, Claudine M. <CAsbagh@ci.berkeley.ca.us> wrote:Hello Mr. Halmont, Thank you for your email. I understand that there are many concerns that this business will be detrimental to another business. I wonder if you can give me more information on that? For example, it would be good to have more detail as to how, specifically, the incidental ice cream service will affect the business? Also, if a different small ice cream shop opened up (not related at all to Rasputin’s) would there also be an impact? I only ask because my decision has to be based on theuse, and not the applicant. I really do appreciate your input and look forward to your response.Best Regards,

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Halmont_Chris_Opposition_2401 Telegraph.txtClaudine Asbagh Assistant Planner Land Use Planning Division Planning and Development Department City of Berkeley 2120 Milvia Street Berkeley, CA 94704 (510) 981-7424 Please note: City offices will be closed September 14th and 28th From: Chris Halmont [mailto:chris.halmont@gmail.com] Sent: Wednesday, September 05, 2012 11:52 AM To: Asbagh, Claudine M. Cc: Asbagh, Claudine M. Subject: Change of Use Application #12-20000089 Dear Ms. Asbagh, This email is to voice my opposition to the Change of Use Application submitted by Avila Design (Application # 12-20000089). The applicant contends that the change of use is due to the changing retail aspect of the music business and Mr. Avila further contends that this is to augment his business.Mr. Avila has been disingenuous about the change in music retail affecting him negatively when he has created an online music store and has been very successful for the past decade. The applicant is not forth coming about his true intention—trying to eliminate a small family owned business that is truly loved by the local community. The applicant’s client has demonstrated on countless previous business dealings, with the City of Berkeley and local Berkeley merchants, his true intentions of trying to eradicate or take over any successful business in the neighborhood. Similar to the tactics of a bully, Mr. Avila’s client is using his immense financialresources to cripple a locally owned and run business just so that he could enhance his financialportfolio. Fortunately, we live and work in Berkeley where the city protects small merchants from the unfair practices of the wealthy landowners who want to dominate the city leaving no trace of young, independent, and family owned businesses. I respectfully ask that you deny this application and keep me informed of any updates regarding this application. Warm Regards, Chris Halmont

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Hernandez Antonio explaination opposition.txtFrom: Tony [tonyhernandez12@yahoo.com]Sent: Tuesday, September 11, 2012 11:54 AMTo: Asbagh, Claudine M.Subject: Re: Rasputin’s “change of use” application.

Follow Up Flag: Follow upFlag Status: Flagged

Dear Ms. Asbaugh,

I say that this project could prove fatal to the other similar existing businesses for several reasons.

First, there is already a saturation of these types of businesses in the area. These businesses are already struggling to survive because of the high rents associated with being located near Cal Berkeley campus.

Adding another competitor to the existing businesses may prove fatal to both the existing businesses as well as the Rasputin Dream project. There is only so much demand forsuch a specialized product. I fear that these businesses will cut prices in order to compete with one another and eventually close because there is no profit to be made.

While an initial competition may help the city with increased revenues, in the longrun, the city will gain zero revenue from businesses that cease to exist.

I do believe that a small take-out business could thrive in that location. But adding a business that is so similar to existing businesses will eventually fail and likely cause other businesses to fail by attempting to compete. If the Dream project was to offer a different product or service that is lacking in the area, then I don't believe anyone would oppose the project.

I hope this follow up answers your request. I only ask that you keep me informed onany further developments with this project.

Thanks for your time. - Tony Hernandez

On Sep 4, 2012, at 11:07 AM, "Asbagh, Claudine M." <CAsbagh@ci.berkeley.ca.us> wrote:Hi Mr. Hernandez, Thank you for your email below. I will add the correspondence to the project file. Iwas wondering if you could expand on what you’ve written below? If approved, however, this project will hurt and likely prove fatal to many small business that offer dessert products in the neighborhood. Thanks again.Best Regards,

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Hernandez Antonio explaination opposition.txtClaudine Asbagh Assistant Planner Land Use Planning Division Planning and Development Department City of Berkeley 2120 Milvia Street Berkeley, CA 94704

Please note: City offices will be closed September 14th and 28th From: Antonio Hernandez [mailto:tonyhernandez12@yahoo.com] Sent: Thursday, August 30, 2012 3:10 PM To: Asbagh, Claudine M. Subject: Rasputin’s “change of use” application. Dear Ms Asbagh, I am writing you today as a concerned member of the Berkeley community. The recent “Change Use Application” submitted by Rasputin’s Dream has alarmed me as well as many others in the neighborhood. In the application Rasputin contends that the new business will ”Encourage the establishment and survival of small, locally owned business”. If approved, however, this project will hurt and likely prove fatal to many small business that offer dessert products in the neighborhood. Some of these businesses have been a part of the greater Berkeley community for many years and have become iconic to the City of Berkeley. This proposed change is very controversial and it will adversely affect the livelihood of many small business owners on the Telegraph corridor. I ask that you deny this change. I kindly ask you to keep me abreast of any new development. Thank you, Tony Hernandez

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Hernandez Antonio_Opposed_Rasputins incidental ice cream application..txtFrom: Antonio Hernandez [tonyhernandez12@yahoo.com]Sent: Thursday, August 30, 2012 3:10 PMTo: Asbagh, Claudine M.Subject: Rasputin’s “change of use” application.

Dear Ms Asbagh, I am writing you today as a concerned member of the Berkeley community. The recent “Change Use Application” submitted by Rasputin’s Dream has alarmed me as well as many others in the neighborhood. In the application Rasputin contends that the new business will ”Encourage the establishment and survival of small, locally owned business”. If approved, however, this project will hurt and likely prove fatal to many small business that offer dessert products in the neighborhood. Some of these businesses have been a part of the greater Berkeley community for many years and have become iconic to the City of Berkeley. This proposed change is very controversial and it will adversely affect the livelihood of many small business owners on the Telegraph corridor. I ask that you deny this change. I kindly ask you to keep me abreast of any new development. Thank you,

Tony Hernandez

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Izzy Ben Izzy_questions regarding 2401 telegraph.txtFrom: Izzy ben Izzy [izzybenizzy@gmail.com]Sent: Tuesday, August 21, 2012 11:26 AMTo: Asbagh, Claudine M.Subject: questions regarding 2401 telegraph

Follow Up Flag: Follow upFlag Status: Completed

Dear Claudine Asbagh,We have spoken to a business owner who works near 2401 Telegraph, and has a couple questions regarding the application for an ice cream shop development sent out by the store Rasputin. Firstly, he would like to know how to be kept informed on Rasputin's application process and it's building of the ice cream shop. Next, if his business at any point needs to dispute Rasputin's development because it threatens his own nearby business, how might he do that? Thank you!Michaela ben Izzy

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Nash Bhakta opposition email 09-06-2012.txtFrom: Nash Bhakta [nashbhakta@gmail.com]Sent: Wednesday, September 05, 2012 3:49 PMTo: Asbagh, Claudine M.Subject: Change of use application #12-20000089Attachments: 20120905_121052(0).jpg

Dear Ms. Asbagh, I am writing to you in protest of Rasputin’s “Change of Use” Application (Application #12-20000089). The applicant contends that the new shop will offer “ a variety of goods…but do not generate a high volume of vehicular traffic.” Another dessert shop in our already saturated neighborhood will only increase the vehicular traffic causing people to double park and add to the already congested intersection. This will in turn, result in a delay of mass transit and place dangerous obstacles for pedestrians, bicyclists, and other motorists. Please see attached picture for an example of the already congested street. I would like to request a public hearing on this issue. I would like to be kept up to date with any new developments regarding this application. Sincerely, Nash

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Sam Juha opposition email 09-05-2012.txtFrom: George Juha [juhajunior@yahoo.com]Sent: Wednesday, September 05, 2012 3:45 PMTo: Asbagh, Claudine M.Subject: Change of Use Application # 12-20000089

Dear Ms Asbagh, I am writing today to voice my strong objection to Rasputin’s “Change of Use Application” Application # 12-20000089.In his statement, Mr. Avila proclaims that the project would “encourage a mix of goods and services which will preclude the dominance of one type of use and which will producevariations with in the same category of uses.” As you know, there are several existing shops in the Telegraph neighborhood that provide very similar products. In fact, if approved, this project will greatly enhance the dominance of dessert items; contrary to what Mr. Avila states inhis application. I would like to request a public hearing to detail in full the deep adverse economicimpact of this proposed project. Thank you, Sam Juha

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