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Home My WebLink About12-20-2017 Item 3, SaniRECEIVED DEC 13 ?0'1 SLO CITY CLERK November 1, 2017 Kyle Van Leeuwen City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401-3218 Javad N. Sani P.O. Box 885 Templeton, CA 93465 Re: Appeal Hearing for 583 Marsh Street (APPL-1135-2017, 583 Marsh Street) Dear Mr. Leeuwen, It appears that the above appeal hearing is scheduled to be heard by the Planning Commission in December 13, 2017. FYI, as the property owner, I would like to make the following comments regarding this commercial space: 1) We are paying all the monthly utility bills (water and sewer as well as electricity). 2) We are paying $208/month in HOA fee. 3) We are paying about $900/year for general insurance. 4) when we purchased this commercial space, the developer was bragging about how well the space is insulated and sound -proofed. 5) The recorded CC&Rs and the recorded MUTUAL BENEFIT AGREEMENT BETWEEN OWNERS OF MIXED-USE PROJECT clearly state that the commercial spaces can stay open for business until 11:00 pm. I have attached the pages from the recorded CC&Rs and MUTUAL BENEFIT AGREEMENT BETWEEN OWNERS OF MIXED-USE PROJECT for your records. Sincerely, Javad N. Sani J N S//ss Enclosures RECORDING REQUESTED BY: WHEN REE -CORDED MAIL TO: MANGANO HOMES, INC. 735 Tank Farm Road, Suite 240 San Luis Obispo, CA 93940 Attention: Andrew D. Mangano JULIE RODEWALD San Leis Obispo County—Clerk/Recorder 'qeccrded al the request of iFi,st American Title Company IF 411512013 8:14 AM u o C 4: 2013021250 Titles: z Pages: 25 Fees 100.00 Taxes 0.00 PAID $107.00 (Space Above For Recorder's Use) MUTUAL BENEFIT AGREEMENT BETWEEN OWNERS OF MIXED-USE PROJECT This Mutual Benefit Agreement between Owners of Mixed -Use Project (this "Agreement") is made between Mangano Homes, Inc.. (the "Project Developer"), and Marsh Street Commons Residential Owners Association, a Califomia nonprofit mutual benefit corporation (the "Residential Association") and Marsh Street Commons Commercial Owners Association, a California nonprofit mutual benefit corporation (the "Commercial Association"). RECITALS A. The Project Developer owns the mixed-use condominium project known as "Marsh Street Commons" in the City and County of San Luis Obispo, Califomla (the "Project"). The land on which the Project is located is legally described on Exhibit A attached hereto (the "Property") B. The Project consisting of the Property and the building located thereon, is divided into the following two areas: (1) The "Residential Area," as more particularly described on Exhibit B attached hereto and on the condominium plan `Identified therein (the "Residential Condominium Plan"). The Residential Area includes (a) residential Condominium dwelling units (the "Residential Condominiums") (b) exclusive use easements appurtenant to each residential Condominium (such as patios and pedestrian access) (the "Residential Exclusive Use Easements"), (c) certain undivided interests in the Common Area (Residential), and all other portions of the Project, including the land and air within the boundaries of the Project, available for the common use and enjoyment of the owners AGREEMENT The Parties agree as follows: 1. [Intentionally Deleted] 2. Use Restrictions. No part of the Commercial Area or Residential Area shall be used for any purpose inconsistent with the Commercial Declaration or the Residential Declaration, respectively, or with applicable ordinances of the City of San Luis Obispo (the "City„). 2.1 Restrictions on Use of Residential Area. Neither the Residential Association nor any persons entitled to use or occupy any part of the Residential Area under any lease, deed, license or other arrangement and their respective employees, agents, visitors, contractors and Invitees ("Residential Permitees") may permit, or cause to be permitted, any activities or conduct which materially, adversely and unreasonably affects or interferes with the Commercial Area or the operation of any business therein, including without limitation, watering plants, shaking rugs, or otherwise releasing water, dirt, dust and other substances outside of windows or from Residential Exclusive Use Areas located above the Commercial Area. 2.2 Restrictions on Use of Commercial Area. Neither the Commercial Association, nor any other persons entitled to use or occupy any part of the Commercial Area under any lease, deed, license or other arrangement and their respective employees, agents, visitors, contractors and invitees ("Commercial Permitees") may permit, or cause to be permitted, (a) the operation of any adult businesses (including without limitation, adult bookstores, escort services, gentlemen's clubs and tattoo parlors), arcades, or dance clubs, (b) the installation of moving signs or lighted signs that permit the unreasonable escape of light into any Residential Condominium or (c) any illegal use or activity of any kind. Except in connection with normal construction activities conducted in a good and workmanlike manner, no odors or loud noises shall be permitted to arise or emit from the Commercial Area or any portion thereof so as to render such Commercial Area, or any portion thereof, or activity thereon, dangerous, unsanitary, unsightly, offensive, or detrimental to any portion of the Project, including, without limitation, to the Residential Area. In addition, no business in the Commercial Area may be open for business between the hours of 11:00 p.m. and 6:00 a.m. For purposes of this Agreement, Residential Permitees and Commercial Permitees are hereinafter collectively called the "Permitees." 2.3 Increased Insurance Premiums. Neither Party, nor its Permitees nor any member of the Commercial Association or the Residential Association shall possess or sell from any portion of the Property any merchandise or substance or perform any activity in relation to the use of the Property which would (a) cause the actual or threatened cancellation of any insurance maintained by the Residential Association or Commercial Association, as applicable, covering each Party's respective portion of the Property, or (b) increase the premiums for such insurance over the rates which would J JULIE RODEWALD San Luis Obispo County—Clerk/Recorder Recorded at the request of First Am®rican Title Company zmaozizsz RECORDING REQUESTED BY: Firsf- P"Wcp-� Til -'e--' WHEN RECORDED, MAIL TO: MANGANO HOMES, INC. 735 Tank Farm Road, Suite 240 San Luis Obispo, CA 93940 Attention: Andrew D. Mangano bg -LT- (Space Above For Recorder's Use) DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS MARSH STREET COMMONS COMMERCIAL CONDOMINIUMS IF 411512013' 8:14 AM Titles; 2 Pages: 60 Fees 205.00 Taxes 0.00 Others 14.00 PAID $210.00 If this document contains any restriction based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. y (g) keeping of garbage, trash and accumulated waste material on any portion of the premises except in appropriate covered containers; (h) operating any business between the hours of 11:00 p.m. and 6:00 a,m., Pacific Standard Time or Pacific Daylight Time, as the case may be, seven days each week, unless the City's Director of Commercial Lot Development approves an Administrative Use Permit for extended hours. When a commercial unit is not open to the public, the persons working in or about the commercial unit must conduct noise generating activities in a manner which is commensurate with mixed-use projects [i.e. residential and commercial] in the City. Noise generating activities include, but are not limited to, cleaning, removing grease, removing trash, and receiving deliveries. The Owners of the commercial units shall act reasonably to limit disturbances to occupants of the residential properties located above the Project during the hours that the commercial unit is not open to the public. (i) use of any machines, appliances and equipment in a manner that transmits objectionable levels of noise, vibration, odors, and other transmissions to any other portion of the Project. 2.4 LEASES. Each lease or other rental agreement for a Unit shall provide that failure by the tenant to comply with the Governing Documents constitutes a default of the tenant under the lease or rental agreement. 2.5 NUISANCES. No Owner shall commit or suffer to be committed any public or private nuisance or other act or thing which may unreasonably interfere with any other Owner or the use of any other Unit. It is the intent of this Declaration that nuisances be determined in accordance with applicable law using objective standards, and not based on individual subjective criteria. No Person may use any Condominium for any use which would violate the provisions of the Governing Documents or increase the rate of insurance for the Project or any other Condominium in the Project. Notwithstanding the foregoing, the conduct of any activities in the Project which are normal and customary for Projects similar in nature and permitted uses shall not, to the extent otherwise permitted by this Declaration and the applicable zoning for the Project, be deemed to constitute a nuisance or otherwise violate this restriction, so long as the activities are conducted in compliance with objective performance standards contained in applicable Governmental Requirements. 2.6 TRASH AND WASTE MATERIALS. There shall be no outdoor storage of trash or waste materials of any kind in the Project, except in trash containers placed in outdoor trash enclosures. In no event shall any Owner or Permittee thereof deposit any trash or other materials within such trash receptacles except in strict compliance with all applicable Hazardous Materials Laws. Without limiting the foregoing, waste materials requiring special handling and transportation must be stored in appropriate containers if required under applicable Hazardous Materials Laws, and kept out of regular outdoor 18 i p� �s U PAIDSTAGE ` TEM 46E5TON, CA r �s POST6LSERY E� NO MOUNT 7016 3563 0000 9488 9497 1000 $3.84 93401 R2304M113697-09 RECEIVED D��C 1 20!7 SLQ CiiY Q,r-RK 9 r Y p � 9 3 int 3 iiip IIIijiiiiifit ii11iiit,ii)Hiaiiijidii'i°i11ili