ATTACHMENT 1 Proposed Use Oftenant Space: Restaurant

STAFF REPORT

TO: Planning Commission DATE: February 27, 2012 FROM: Tom Zanarini, Associate Planner r RE: Conditional Use Pennit to establish an eat-in / take-out restaurant (Subway) in an existing tenant space -David J. Elliott, Applicant - Lynn Spalding, Owner - 29 Miller Avenue - APN 028-064-03 File No. C11 3914

DIRECTIONS:

The tenant space is located on the corner ofMiller Avenue and Sunnyside Avenue, next to Henry's Toy Shop.

RECOMMENDATION:

Staffrecommends that the Planning Commission:

1) Conduct a Public Hearing; and

2) Approve the Conditional Use Pennit to establish a 930 square foot eat-in and take-out restaurant in an existing tenant space at 29 Miller Avenue based on the findings in Exhibit A and subject to the conditions ofapproval in Exhibit B

ZONING COMPLIANCE:

The proposed project is a Conditional Use Pennit to establish a 930 square foot "Subway" restaurant in an existing tenant space at 29 Miller Avenue. The tenant space is located within the CN (Neighborhood Commercial) Zoning District and was the location ofthe fonner Baskin-Robbins Ice Cream shop.

Zoning: CN (Neighborhood Commercial) District

Site Size: 25,205 square feet

Tenant Space Size: 930 square feet (319 square feet public space) I ATTACHMENT 1 Proposed Use ofTenant Space: Restaurant

Existing Parking Spaces: 23 existing spaces (for shopping center), plus 3 'in lieufee' parking spaces (26 total)

Proposed Parking Spaces: oadditional parking spaces proposed

Proposed Hours ofOperation: Monday - Sunday 7:00 am - 10:00 pm

Number ofEmployees: 3 employees daytime / 2 employees nighttime

STAFF ANALYSIS

The applicant proposes to locate a Subway restaurant in an existing 930 square foot tenant space at 29 Miller Avenue. The existing tenant space, located in a shopping center, was formally occupied by a Baskin-Robbins Ice Cream shop that recently closed. Subway is a national brand franchise selling prepared sandwiches for eating in the restaurant or for take-out. The tenant space includes 5 tables with seating for 16 customers, a kitchen area and one bathroom. Hours ofoperation are proposed for Monday through Sunday 7:00 a.m. to 10:00 p.m.

General Plan Conformance

General Plan Section 2.4 describes the Town Center Area as a location for businesses that serve the day-to-day needs oflocal residents. In a survey relating to commercial uses in Mill Valley, found on page 51 in the General Plan, foo~ establishments were cited as needed additions in the Town Center. Currently, there are approximately 13 restaurants' in the Town Center area: 9 are evening oriented, sit down or specialty foods restaurants. The proposed use would offer a quick, inexpensive lunch option for someone that is already working, shopping or conducting business downtown. Like the former Baskin Robbins ice cream shop, a substantial portion ofSubway's business is take-out oriented and customers are quickly served. Based on information described in more detail, below, the restaurant's customers are anticipated to be existing downtown shoppers, the downtown workforce and nearby residents. Food servi~es are an integral part ofthe Town Center area and there is currently no proliferation ofsimilar 'sandwich shop' or take-out food uses.

The Mill Valley General Plan references franchise and chain stores in the Town Center Neighborhood stating,

"Lytton Square (Town Center) is the area hardest hit by rising rents andpressure to convert to a tourist-oriented market. There is a concern that without additional planni~g guidelines, existing businesses will continue to be replaced with businesses that are willing to pay increasingly higher rents, includingfranchise and chain stores which come to Mill Valley with greater resources than those ofthe many small independent proprietors that are currently located in the area. "

2 Planning staffand the Business Task Force studied the issues offranchise businesses and chain stores in the early 1990's after publication ofthe General Plan. Their findings indicated that there was no need for specific ordinances regulating formula businesses, but rather business size. The Zoning Ordinance was amended requiring a Conditional Use Permit for any commercial, administrative, professional an light industrial uses which occupy more than 1,500 square feet offloor area. Restaurants, regardless oftype or size, are conditionally permitted uses.

General Plan Policy C-2, states that the Town Center should continue to serve as the primary commercial and civic center for the community. The existing shopping center has a mixed ofuses (retail, food, office, medical) and adequate parking providing a range ofservices to the Town Center area that, without the existing parking, may not be able to exist as stand alone uses. There are no proposed design alterations to the shopping center that would conflict with Program C-2-3, requiring preservation ofviews ofthe surrounding hills and trees. Adequate parking for the proposed use and the other mix of uses in the center is consistent with Policy C-3. The proposed location does not conflict with or expand into a residential neighborhood, conforming to Policy C-4.

Conditional Use Permit

Conditionally permitted uses require the Planning Commission to conduct a public hearing and make a decision based on the finding offact that the establishment ofthe use will be consistent with the General Plan and not be detrimental to persons residing or working in the neighborhood, nor the general welfare ofthe City.

Restaurants are a conditionally permitted use within the CN (Neighborhood Commercial) Zoning District as defined in Section 20AO.030Q ("restaurants (sit down and take-out)") ofthe Zoning Ordinance. The former tenant, Baskin-Robbins, was established prior to the·adoption ofthe current Zoning Ordinance and operated as a legal non-conforming use, as a conditional use permit is also required in the CN Zoning District for ice cream and yogurt shops.

The hours ofoperation are proposed from 7:00 a.m. to 10:00 p.m., consistent with other Town Center restaurants. La Coppa, Toast, The Depot Cafe, and Peet's Coffee shops open prior to 7:00 a.m. while D'Angelo's, Vasco, El Paseo, Bungalow 44, Beerworks, . Sweetwater Cafe, and Balboa are open past 10:00 p.m. The proposed use is not displacing an independent proprietor as Baskin-Robbins, a national chain, occupied this tenant space for more than 30 years.

The applicant anticipates approximately 100 customers per day. Subway defines restaurants that generate less than 150 customers a day as 'low output' locations. 'High output' restaurants are typically located in large shopping centers like Bon-Air Plaza in Larkspur.

Staffrequested a study ofcustomer traffic for a Subway restaurant located in a downtown shopping area (Attachment 2). The information below is for the "Petaluma Theatre District", a portion ofdowntown Petaluma. The study observed 26 customers during mid-

3 day (11 :40 am - 12:40 pm) and 7 customers during evening (4:45 pm - 5:45 pm) on Tuesday, January 31, 2012 and also noted their means oftransportation. The study reports that at mid-day 18 customers walked, 7 customers drove and 1 customer rode a bicycle. In the evening 5 customers walked and 2 custpmers drove. Staffspoke to the manager ofthis Subway location who stated these are typical daily customer counts.

Peak Hour Pedestrians Vehicles Bicycle Total (All Modes) 11:40 am- 18 customers 7 customers 1 customer 26 customers 12:40 pm (69%) (28%) (4%) 4:45 pm- 5 customers 2 customers ocustomers 7 customers 5:45 pm (71%) (29%)

Staffcontacted existing downtown Mill Valley restaurants to compare the anticipated customer generation figures for Subway with existing lunchtime traffic. Stefano's Pizzeria averaged 50 customers; Peet's Coffee averaged 76 customers; Pearl's Phat Burgers averaged 50 customers; Punjabi Burrito averaged 40 customers; and Champagne averaged 50 customers.

The applicant also provided a weekly customer count for other North Bay Subway restaurants located in downtown shopping districts:

Average Customer Count City Population Customers per per Week Day Santa Rosa 209,000 723 customers 103 customers Petaluma 70,000 703 customers 100 customers Vacaville 109,000 630 customers 90 customers Suisun 31,000 496 customers 71 customers' Napa 98,000 732 customers 104 customers

Staffcontacted the Planning Department ofeach city listed to inquire ifthe Subway restaurant created any parking or traffic problems. Each city planner stated that the Subway restaurant imposed no significant impact to parking or traffic. No conditional use permits or traffic studies were required ofSubway in the cities listed above, nor have they received any parking or traffic complaints during each ofthe Subway's tenancy in the downtown districts. .

The Commission recently discussed proposing a Formula Business Ordinance that could restrict national franchise businesses within the proposed Downtown Commercial Zoning district. A number ofCalifornia cities restrict formula food uses by limiting the amount, type and design ofsuch uses. Mill Valley currently does not have specific restrictions against franchise stores or restaurants.

Parking

The parking plan, shown on Sheet A2.5 ofthe project plans, identifies 23 existing parking spaces. The parking in front ofthe proposed Subway is perpendicular to Miller Avenue, which allows vehicles to enter and exit from either Miller Avenue or Sunnyside 4 Avenue. Five parking spaces near the Postal Annex and Real Estate office are angled due to the building configuration. Four parking spaces are located behind the shopping center along Laurelwood Avenue. In addition to the 23 parking spaces provided, staffobserved the current tenants tandem parking behind spots 20-23 '(Sheet A2.5 ofthe project plans)" along Laurelwood Avenue without encroaching onto the sidewalk. The scale measures 18 feet ofclear space between the striped parking space and the sidewalk surface. While these are not conforming parking spaces and do not count in meeting the overall parking requirement, they do not obstruct vehicle or pedestrian traffic along Laurelwood Avenue.

Two approvals for parking 'in-lieu' fees were granted in 1977 and 1986, adding three parking spaces to the existing 23 parking spaces. The ~ 977 approval for two 'in lieu' parking spaces was granted to permit a Hallmark Card Shop to operate in the old Montgomery Ward building (currently a real estate office). The 1986 'in-lieu' fee approved one parking space to permit a 92 square foot addition to Ino Restaurant. The complex owner does not have individual lease agreements with the tenants for specific number parking spaces per use.

The existing shopping center tenants include Henry's Toy Shop, a dry cleaner, Postal Annex, a physical therapy office and a real estate offic~. Staffdoes not have the floor plan information for all the tenant spaces, but little has changed since the 1977 parking in-lieu fee was paid. The former dress shop is currently a retail toyshop and what was identified as the Hallmark card shop in the 1977 in-lieu fee parking report is now a real estate office. The former ice cream shop has the same parking ratio as a restaurant: 1 space for every 100 square feet offloor area, as required in Section 20.60.090(G)(17) of the Zoning Ordinance. (Swirl Frozen Yogurt at 417 Miller Avenue received a Conditional Use Permit on June 14,2010 using this parking ratio.)

The following chart illustrates the existing parking space ratio per tenant space. The tenant space sizes area rough estimate based on past building permit applications:

Parking Spaces Address Tenant Use Tenant Size Public Space Required 400 square 25 Miller Avenue Restaurant 820 square feet 4 spaces feet 27 Miller Avenue Retail No Data x x 319 square 29 Miller Avenue Restaurant 930 square feet 3 spaces feet 1,910 square 200 square 31 Miller Avenue Dry-Cleaner 1 spaces feet feet 1,920 square 1,500 square 33 Miller-Avenue Medical Office 7 spaces feet feet 300 square 35 Miller Avenue Post Office 868 square feet 1 spaces feet Real Estate 1,728 square 600 square 37 Miller Avenue 3 spaces Office feet feet

19 parking spaces are accounted for from the available data, with 7 parking spaces remaining. Henry's Toyshop is located at 27 Miller Avenue, where no floor area data is 5 available. Retail shops are parked at a 1 space for each 250 square feet offloor area. Multiplying the 7 parking spaces into 250 square feet parking ratio would leave 1,750 square feet offloor area. The floor area ofHenry's Toyshop could reasonably account for this area.

Customarily, kitchen and non-public spaces are not counted toward the required parking spaces for restaurants. Only 319 square feet ofthe 930 square feet is proposed as public space, similar to the former Baskin-Robbins floor plan. The parking analysis indicates that the proposed use conforms to the Zoning Ordinance parking requirement for a restaurant and does not result in exceeding the total number ofspaces available in the shopping center.

Design Review and Signage

The existing building frontage consists ofclear glass walls with the upper fenestration painted dark green. The applicant proposes no changes to the exterior tenant space and has not submitted an application for design review.

A proposed sign is included in Attachment 3. Section 20.74.060 ofthe Zoning Ordinance states that the maximum sign area allowed for a ground level business is one square foot for each linear foot the business has as outdoor public use area. All signage counts toward the maximum allowed for each business, which for the proposed Subway is 30 square feet. The proposed Subway sign is 16 square feet with the standard 'Subway' font on a wood background. Program C-2-3 ofthe General Plan further restricts signs in Town Center by prohibiting blinking, flashing or moving lights and internally lit plastic signs. The previous Baskin-Robbins sign, approved in 1994, measured 27.5 square feet. The Henry's Toyshop sign is 18 square feet. This is similar to the former Baskin Robbins sign that was pink and blue on a wood background. Section 20.74.040C permits permanent window signs, provided they do not obscure more than 25% ofthe total window area or the maximum permitted for the tenant space, whichever is less.

CONCLUSION

Based on the evidence provided and the findings offact in the staffreport, the proposed Conditional Use Permit for Subway restaurant demonstrates appropriateness to this site by demonstrating compliance to the following General Plan Program and Policies: C-2':'1 by utilizing an existing food use with conforming parking, Program C-2-3 by maintaining the existing building design that does not adversely affect natural views and Guideline 7 by providing a sign with a wood background consistent with other signs in the shopping center. The use complies with all Sections 20AO.030Q, 20.60.095, 20.64.040, 20.74.040 and 20.74.060 ofthe Zoning Ordinance, which includes parking, use permits and signage. The customer generation study demonstrated that a similarly located Subway in downtown Petaluma had fewer lunch trips than existing comparable restaurants within Mill Valley's downtown area. Other downtown Subway restaurants in larger North Bay downtowns are not high intensity uses so staffdoes not anticipate a more intense use from the proposed Subway. The proposed sign is compatible with the existing shopping center signage and no physical exterior changes are proposed to the building.

6 PUBLIC COMMENT:

Letters from the public are included in Attachment 4.

ATTACHMENTS:

1. Applicant's project description letter dated November 23,2011 2. Customer Generation Study dated February 10,2012 3. Proposed Sign for Subway dated February 16,2012 4. Public Comment 5. Project Plans

EXHIBITS:

A. FINDINGS OF APPROVAL CONDITIONAL USE PERMIT B. CONDITIONS OF PROJECT APPROVAL

7 EXHIBIT A FINDINGS FOR APPROVAL 29 Miller Avenue - APN 028-064-03 - File No. Cll-3914

A. The proposed use is consistent with the General Plan and Municipal Code.

The restaurant is a conditionally permitted use in the CN (Neighborhood Commercial) zone pursuant to Sections 20.40.030 and the granting ofthis application is consistent with Sections 20.40. 030Q, 20.60.095, 20.64.040, 20.74.040 and 20. 74.060 the Municipal Code. The project is also consistent with the General Plan Land Use Policy C-3 as a resident serving business located in a commercial district with adequate parking and.C-4 by locating on. a main commercial street.

B. Make the findings that approval ofthe Conditional Use Permit under Section 20.64.040 ofthe Municipal Code, under the circumstances ofthis particular case, will not be detrimental to the health, safety, peace, morals, comfort or general welfare ofpersons residing or working in the neighborhood ofsuch proposed use nor be detrimental or injurious to property and improvements in the neighborhood ofsuch proposed use, nor to the general welfare ofthe City.

a. That existing 23 parking spaces plus 3 in lieu fee paidspacesfor the shopping complex are sufficient to accommodate the proposed restaurant use. The proposed use does not expand the parking requirementfor the shopping center. The anticipated 100 customers per day does not alter the existing traffic patternsfor the shopping center

b. That the existing 930 square foot tenant space will have 319 square feet 9f public space, consistent with the former use and with the parking requirements ofSection 20.60.090 ofthe Municipal Code.

c. That the restaurant hours ofoperationfrom 7:00 a.m. to 10:00 p.m., seven days a week, are consistent with restaurant uses in the Town Center Neighborhood.

d. That the restaurant proposes no exterior design changes that require design review.

e. That the proposedsign complies with Section 20. 74 ofthe Municipal Code, Policy C-2 ofthe General Plan and substantially conform to existing approved signs at the shopping center.

f That the estimated customer generation is less than existing restaurants in Town Center and less than other Subway restaurants in other North Bay. downtown locations.

g. That the proposedrestaurant use meets the day-to-day needs oflocal residents and customers in the commercial zoning district and will not

8 alter the character ofthe Town Center Neighborhood.

9 EXHIBITB CONDITIONS OF PROJECT APPROVAL 29 Miller Avenue - APN 028-064-03 - File No. Cll-3914

PLANNING DEPARTMENT; contact Tom Zanarini, Associate Planner at 388-4033 with questions:

1. The proposed project shall be in substantial conformance with project as approved by the Planning Commission on January 9, 2012 and on file with the Mill Valley Planning and Building Department except as modified herein.

2. All conditions ofapproval shall be included on the front sheet ofthe construction drawings submitted for a building permit.

3. The hours ofoperation are from 7:00 am to 10:00 pm, Monday through Sunday. Any modifications to the approved schedule shall be reviewed and approved by the Zoning Administrator.

4. The number ofemployees shall not exceed three (3) at any time.

5. Any proposed signs require a sign permit from the Planning Department. The signage shall conform to all applicable requirements ofChapter 20.74 ofthe Mill Valley Municipal Code, including Program C-2-3, Section 2.4 ofthe General Plan with specific requirements for signs in Town Center. Exterior lighting will not be permitted on any wall sign. Proposed window signs shall be included in the sign application and will count toward the maximum allowed for this tenant space.

6. All portions ofthe job site that are in view ofthe public shall be maintained in an organized and professional condition. All trash, debris, construction scraps and broken/deteriorated machinery shall be removed from the site at the end ofeach week. No parking spaces shall be occupied by construction equipment or construction vehicles. All sidewalks, driveways and public/private roadways fronting the subject site shall be broom cleaned at the end ofeach business day.

7. All trash from the restaurant shall be stored in a covered trash container.

8. Employees shall utilize the public parking spaces designated for downtown business employees. Employees shall not park on Laurelwood Avenue, Parkwood Avenue or Forrest Street.

9. The applicant shall indemnify, defend and hold harmless the City, its officers, agents and employees (collectively "the City") from any and all claims, actions, lawsuits, damages, losses and liabilities arising or resulting from the granting of this permit by the City, the performance ofthe use authorized by this permit or the exercise ofthe rights granted by this permit. The applicant's obligation to indemnify, defend and hold harmless the City shall include, but not be limited to, paying all fees and costs incurred by legal counsel ofthe City's choice in representing the City in connection with any such claims, actions or lawsuits, any

10 expert fees, and any award ofdamages, judgments, verdicts, court costs or attorneys' fees in any such claim, action or lawsuit. . 10. This approval shall expire one year after approval. Prior to the expiration ofan approval, the applicant may apply to the Director ofPlanning and Building for a. one-year extension from the date ofexpiration. Not more than two one-year extensions may be granted. The Director ofPlanning and Building may make minor modifications ofthe approved design at the time ofextension ifhe fmds that there has been a substantial change in the factual circumstances surrounding the originally approved design.

11. This approval is effective from the date ofapproval until the building permit is issued and shall expire one year after approval should a building permit not be issued.

BUILDING DEPARTMENT: Any questions, contact Dan Martin, 388-4033

12. This project shall be subject to the 2010 California Building, Plumbing, Electrical, Mechanical, Energy and other applicable Title 24 Codes and the Building Department Comments in Attachment 2 ofthis report.

FIRE DEPTARMENT: Any questions, contact Tom Welch, 381-4130

13. Provide a UL-listed key box (ifone is not already provided for) on site as required by the Mill Valley Fire Department in compliance with Fire Dept. Standard 202.

14. Fire Sprinklers: a. Existing Buildings: In any existing building with an existing automatic sprinkler system, protection shall be extended to any alteration, repair, remodel or addition, regardless ofthe job size so that 100% coverage is maintained. b. Fire sprinkler coverage shall be provided through the entire structure as per Uniform Fire Code Section 1001.9. c. Plans for fire sprinkler system design and hydraulic calculation (if necessary) shall be completed by a licensed C-I6 sprinkler contractor and submitted to the Mill Valley Fire Dept. for approval prior to installation. Fire sprinkler system design and installation shall conform to the provisions ofthe Mill Valley Fire Dept. and NFPA Standard 13. d. Commercial fire sprinkler system and commercial fire alarm systems shall be monitored 24/7 by a UL approved Central Station for fire trouble.

15. The address shall be posted in accordance with requirements ofthe California Building Code, Fire Code and Fire Dept. Standard 205. Final inspection and signoffofaddress posting shall be coordinated through Building Dept.

16. Sign above front door - THIS DOOR TO REMAIN UNLOCKED DURING BUSINESS HOURS.

11 17. Fire Extinguishers: provide a minimum ofone 2A-I0BC, five pound multi purpose fire extinguisher; one per floor and a maximum travel distance no to exceed 75 feet.

18. Final occupancy approval shall not be granted by the Fire Department unless all conditions have been met.

19. Fire Department and City personnel shall be granted access to private driveways and private roadways in order to enforce applicable ordinances related to fire codes, municipal and penal codes pertaining to maintaining road access for emergency vehicles.

PUBLIC WORKS: Any questions. contact Julie McClure. 388-4033

20. The applicant shall verify that the sewer lateral is in good condition.

21. The applicant shall submit information regarding historic water use and proposed water use for purposes ofcalculating a possible sewer fee update. This shall be submitted with any fee updates calculated and paid prior to the issuance ofthe building permit.

22. The sewer lateral for this property shall be replaced from the building to the City main unless it is constructed ofplastic or metal. This requirement may be waived ifthe applicant supplies a videotape to the Department ofPublic Works showing that the existing lateral is in satisfactory condition and is constructed ofplastic or metal material. Ifany stormwater runoff lines are found to be connected to the sewer lateral, they must be disconnected from the sewer lateral and discharged in a manner that conforms to the current stormwater discharge practices in Marin . County. Ifthe new lateral connects to the City main in a different location than the old lateral, the old lateral shall be capped at the City main.

23. All construction materials, debris and equipment shall be stored on site. Ifthat is not physically possible, an encroachment permit shall be obtained from the Department ofPublic Works prior to placing any construction materials, debris, debris boxes or unlicensed equipment in the right-of-way. The fee for using the right-of-way for storage ofconstruction materials or equipment is $10.00 per day in residential areas, and $20.00 per day in commercial areas. A minimum of 12' clearance shall be maintained at all times along the roadway. The placing of portable restroom facilities in the City right-of-way will not be permitted.

12 David J. Elliott &Associates Planning Architecture Interiors 17800 Cunha Lane Salinas, Califomia 93907 Tel. 831/663-1418 Fax. 831/663-6385

November 23, 2011

Mr. Tom Zanarini, Associate Planner clo Ms. Sharon Lehm, Planning Aide Planning Department City of Mill Valley 26 Corte Madera Ave. Mill Valley, CA 94941

SUBJECT: Conditional Use Permit New Restaurant 29 Miller Avenue Mill Valley, CA 94941

Dear Mr. Zanarini

Please review the following Project Findings (1-11) as part of the Supplemental Application for the Conditional Use Permit previously filed with signatures of applicant and owner:

1. The proposed use is a Subway restaurant providing 16 interior seats. A type 2 hood is used to expel warmed bread. All other food is freshly prepared daily for sandwiches. Chips and fountain drinks are also sold to accompany a \ sandwich order. 2. The gross area of the SubWay project is 930 square feet. The balance of the building is as follows: 25 Miller restaurant 27 Miller retail-toy store 31 Miller service-dry cleaner 33 Miller medical office 35 Miller service-postal annex 37 Miller office-real estate 3. The days and hours of operation is 7AM to 10PM daily. 4. We anticipate 3 employees in the daytime and 2 at night. 5. 100 customers per day is expected. 6. There are 23 existing parking space available. 7. There is not leasing agreement with adjacent properties. 8. There are two (2) in lieu fees paid to the city credited to this property. 9. The anticipated project schedule is to be open for business March 1, 2012. 10. The location ofthe Subway at 29 Miller Avenue will not affect the neighboring properties or structures in any way. Subway will provide healthy and affordable altemative food to the people in the area.

The customers visiting Subway will be same people who are visiting other business or live in the area so there should be minimal traffic change, if any. All Subway business will be conducted within the premises so there will not be any noise, outside lighting, paving, landscaping, sunlight/shade which will block any views from the neighboring properties.

Public Health: Subway generally has compostable vegetable trimmings and paper and plastic products in use. Garbage will be contained within the standard trash bins provided by the trash collection company and collected on a regUlar basis. All dishes and utensils in use at the Subway are washed and sanitized after each use. There is no cooking involved at Subway - only baking ofthe bread and heat and serve foods. The discharge into the sewer water will be through a grease trap. There are no underground storage tanks, storage of chemicals other than routine cleaning supplies and no situations will encourage the spread of any rodents, insects or communicable diseases. There will be no discharges into the storm water systems. ATTACHMENT 1 Public Safety: There is no open fire/grill cooking involved. Alarm system and sprinklers will be installed. The use within the Subway will-not create any noise otherthan the operation ofthe equipment which noise is generally not noticeable from the outside. There should be no unruly gatherings or loitering or traffic around Subway. People working or living or visiting the area will be coming to the Subway to get healthy food. There should be no additional need for fire services as there Is no use of flammable or hazardous materials in use or potentially dangerous activities such as welding, woodwork or engine removal.

General Welfare: Subway fits perfectly with and is good for the community. The social benefit to the community will be the availability of affordable and healthy food.

Convenience: The Subway will not affect public convenience negatively as the people visiting the Subway are the same people who live and work in the community. It would however be a very convenient place for people in the community to get healthy food.

The proposed use will be located and conducted in accordance with the Mill Valley General Plan and Zoning Ordinace.

The zoning district regulations allows for food establishment use with a conditional use permit approval. All other condi tions listed as permitted uses are available regarding existing design (not altered), lot size, building height, first floor ceiling height and setbacks.

The Subway will be a perfect fit for the neighborhood and for the workers of many restaurants and other businesses in the area and residents.

The location ofthe Subway will not aesthetically affect the existing neighborhood in any way. There are no changes proposed to the structure. The long term look of the area will not change.

The use within the structure will not change the character of the neighborhood except that the convenience of the Subway within walking distance will make a healthy and affordable option available to the neighborhood and may encourage healthy eating habits.

The traffic and parking scenario will not be any different resulting from this use as people living and working in the area are already in the area. Being a smalllQcation many ofthe customers will be taking out their food.

The location of a Subway at 29 Miller Avenue will be a perfect fit for the neighborhood - it will allow all the workers in the area an affordable and healthy option.

11. There will be no alcoholic beverages sold or live entertainment. -

Enclosure: Commercial Applications cc: Akki Patel I ~ ea North Bay Development, Inc. Groue, Inc.

•I To Whom It May C(lr-~em,

This letter is in defensl.9. ofour proposed construction ofa Subway in the downtown region ofMill VaHey. After reviewing the pu:'!siblc impact it may have on the surrounding residents and neighboring businesses) we do not see any sigl~il1cant impact that would cause your office to reject the construction of the proposed Subway.

According to a r:ccnt study ~ the current tnrlTlc density at one ofthe closest intersections lo proposed location, Miller Avenu~ and Park Ave. have a total or 15.100 cars crossing this intersection on a daily basis. We do not foresee any addition to this totaJ amowlt occurring due to the construction ofa Subway in location. We only expeclto receive a very small percentage orthat traffic to be directed toward Subway only.

Many ofour existing :tores in downtown locations depend mainly on foot traffic to help generate their regular customer base. At mosl, these same downtown locations generate roughly around 150 customers per day. Thm is mainly,du'~ to the lunch traffic that is generated from the surrounding businesses and office buiJdings. With Mill VaJlcy1s low daytime occupancy rate. we expect to receive a far lower number closer to 100 customers per (jay at the proposed location.

If there is any other infom.'llition you may need to help suppon the development ofthis proposed location ofSubway. pleuse let us know and we wiJI be more then happy to provide it.

Sincerely, ~ Akki Patel Development Agent Subwuy North Buy Development, Inc Letap Group. Inc

,.1

4050 Redwood Highway Suite #0 San Rafael, CA 94903 Ill' CIllO' _, ctV\