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Home My WebLink About12-20-2017 Item 3 - Sani (2) Javad N. Sani P.O. Box 885 Templeton, CA 93465 December 12, 2017 �� I I �� u, - �y� �.��i �� e � �.�lu,l� � � r efwb Kyle Van Leeuwen City of San Luis Obispo - � �� 919 Palm Street San Luis Obispo, CA 93401-3218 Re: Appeal Hearing for 5$3 Marsh Street (APPL-1135-2017, 583 Marsh Street) Dear Mr. Leeuwen, We have been notified fihe above appeal hearing is scheduled to be heard by the Planning Commission on December 20, 2017. As the property owner, I would like to make the following comments to be considered by the commissioners before the hearing: 1) When we purchased this commercial space, the developer emphasized how well the space was insulated and sound-proofed. This is a major benefit to the surrounding neighbors, assuring what little sound goes on in the premises will stay within the premises. 2) The recorded CC&Rs and the recorded MUTUAL BENEFIT AGREEMEfvT BETWEEN OWNERS OF MIXED-USE PROJECT clearly state that the commercial spaces can stay open for business until 11:00 pm. I have previously attached the pages from the recorded CC&Rs and MUTUAL BENEFIT AGREEMENT BETWEEN OWNERS OF MIXED-USE PROJECT for your records which was also attached to the Staff Report. 3) We now have a potential tenant for this commercial space. This space has been vacant for three years. We are already restricted from many uses in this building such as restaurants pursuant to the CC&R's. To make this business profitable, the tenant is asking to be open until 11 pm. This is what our CC&Rs and MUTUAL BENEFIT AGREEMENT BETWEEN OWNERS OF MIXED-USE PROJECT allows and all other purchasers of units in this complex were made aware of prior to purchasing their unit. It is very difficult for the tenant to be profitable if they cannot stay open during these hours since many families go out to dinner at a restaurant and then come to this facility afterwards for their entertainment. 4) This is not a noise generating type of operation, any more than a computer store. There have been other types of retail operations that have expressed a desire to locate in the space, that don't even require a use permit and are allowed by the CC&R's however we turned them down as we felt they were inappropriate. In hindsight maybe we were hasty in doing so. 5) BCR Developments, the prospective Tenant, will be making a significant investment to get this space suitable for their operation as an Escape Room. Even though the Escape Room business is not noisy, the mere threat that the business could be shut down after six months because of the noise issue is very disheartening. The noise issue is an imaginary one and should not be used as a tool to shut down the business after a short six-month period. No business can make a significant investment with the threat of shutdown hanging over their heads. The tenant is willing to do everything possible to mitigate any potential noise issues that might occur. Most of those residents who raised noise issues at the previous hearing do not live in this building or even within a block of this building. It is unfortunate that the residents do not understand this business and what a fantastic addition an Escape Room can make to Downtown San Luis Obispo and create another viable entertainment option for residents and visitors. Sincerely, ��°�.�� ,��"�.��;� Javad N. Sani Property Owner J N S//ss Enclosures ,. �_ . _- - - _ .. ._ � , JU�IE RO�M�'I�'A��C� �� `, San Luis abi�p� Ca��ar�G��ClerklRecorder 4h5120i3 � '=�ecoedad a1 tha eequasi ol 8:14 AM Fi;st American Title Company . , �o c��: 2013021250 r�tias; z Pages: 2� F�as 7oo.oa ' RECORDING REQUESTED BY: ` raz�s o.00 HE R�P��l� f�1,�1 TO� � ' PAlDrs Sto7�o � .. a ��. .. �� MANGANO HOMES, INC. 735 Tank Farm Road, Suite 240 San Luis Obispo, CA 93940 Attentian: Andrew D. Mangano �� - �� (Space Above For Recorder's Use) MUTUAL BENEFIT AGREEMENT BETWEEN OWNERS OF MlXED-USE PROJECT This Mutual Benefit Agresment b�tween Owners af Mixed-Use Project�this "Agreement") is made between N�angano H�mes, lnc.. (the "Project Developer"}, and Marsh Street Cammons Resider�tial Owners Association, a California nonprofit mutual benefit corporation (fhe "Residential Associationn}and Marsh Street Commons Commercial0wners Association, a Califorrtia nonprofit mutua! aenefit corporatian (the "Commercial Association"). REGfTALS A. The Project Develaper owns the mixed-use condominium praject known as "Marsh Street Commons" in the City and County of San Luis �bispo, Cafifornia (the "ProjecY'). The land on which the Project is lacated is legally described on Exhibit A attached hereia {the "Praperty") B. The Praject consisting of the Property �nd the buiEding located thereon, is divided into the folfowing two areas: (1) The "Residential Area,° as more particularly described on Exhibit B attached herete ar�d on th� condominium plan identified therein{the "R�sidential Gandaminium Plan"). The Residential Area inc[udes (a) residential Condominium dwelling units (#he "Residential Condaminiums") (b} exclusive use easements appurtenant ta each residential Condominium (such as pat'ras and pedestrian access) (ihe "Residential Exclusive Use Easements"), (c) cer�ain undivided interesfs in the Common Area (Residential), and all other portions of the Project, including the land and air within the boundaries of th� Project, available for the common use and enjayment of the owners 1 AGREEMENT The Parties agree as follows� 1. �Intentionally Deleted) 2. �Ns� I��ri��r��. Na part of#he Commerciaf Area or Residentiai Area shall be used for any purpose inconsistent with the Commerciai Declaration ar the Residential Declaration, respectively, or with applicable vrdinances of the City of San Luis Obispa (the �,�i�„�. 2.1 Resfrictions on Use of Residential Area, Neither the Residerttial Association nar any persons entitled to us� t�r occupy any part af the Residential Area under any fease, deed, license or other arrangement and their respective emplvyees, agents, visitors, cantractprs and irtvitess ("Residential Perrnitees") may permit, or cause fo be permitted, any activities or c�nduct which materially, adversely and unreasonably �ffects or interferes with the Commercial Area or the operation of any business therein, including without limitation, watering pfants, shaking rugs, or othe►wise releasing water, dirt, dust and other substances outside of windows or fram Residential Exclusive llse Areas located above the Commercial Area. 2.? Restrictions an Use af Cnmmercial Area. Neither thP Commercial Association, nor any other persons entitled to use or occupy any part af the Commercial Area under any lease, deed, (icense or other arrangement ar�d #heir respective employees, agents, visitors, cantractors and invitees ("Commercial Permitees") may permit, or cause tn be permitted, (a)the aperation 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 tha�permit the unre�sonable escape of fight into any Residential Gondominium ar(c) any illegal use or activity of any kind. Except in connection with normal canstruction activities conducted in a good and wor[cmaniike manner, no odors or loud nofses shall be permitted ta arise or emit from the Commercial Area ar any portion thereof so as to render sucfi Cammercial Area, or any portion thereof, or activity fihereon, dangerous, unsanitary, unsightly, nfferrsive, or de#rimenYal tn any portian of the Project, including, without limitation, to the Residential Area, In addition, na business in the Commercial Area rnay be open for business b��en fhe hours of 11:aQ p.m, and 6:00 a.m. For purposes af this Agreement, Residential Permitees and Cammercial 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#he Residential Association shall possess or s�[I from any portion of the Property any merchandise or substance or perForm any activity in relation to the use of the Praperty which would (a) cause the actual ar threatened cancellation of any insurance maintained by the Residential Association or Commercial Association, as applicable, covering each Party's respective portinn of tl�e Property, or(b) increase the premiums for such insurance over the rates which would 3 r � JULIE RODEi1VALD �F � San Luis Obispo Counry—CferklRecorder 411512013' ° , , Reeorded at the request o1 $:l4 AM First Ametican Title Company " � , D 4 C#f: �Qy 3��12�j� Tit(es; 2 Pages: �� ;_-;.;r,.;. RECORQING REQUESTED BY: Fees 2o5.Op � , ��— ��'�C�v.. I E�"��— �� '� Others l4 00 PAID $279.OU WHEN RECORDED, MAIL TO: MANGANO HOMES, iNC. 735 Tank �arm Ftoad, �uite 240 San Luis Obispo, CA 93940 Attention: Andrew D. Mangano �_.�.�.,��.._. .�_..._.�_.�...._�.�.__...�.��.�.. �6��~�� (Space Above For Recorder's Use) DECLARATION QF COVENP�NTS, CONDfTIQNS, AND RESTRICTIONS MARSH STREET COMMONS COMMERCIA� CONDOMINIUMS If this document corr�ains any restriction based on race, color, reliyion, sex, gender, gender iderttity, g�nder expressian, sexu�l orientation, familial status, marital status, disabifity, genetic informati�n, national origin, source of income as defined in subdivisian (p) of Section 12955, or ancestry, that resfrictian 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 vn the age of occupan#s in senior housing ar housing for older persons shall not ae construed as restric#ions based on famiiial status. 1 (g} keeping of garbage, trash and accumulated waste material on any portion of the premises except irt apprapriate covered confiainers; (h) operating any business between the hnur� of 11:Qn p.m. and 6:00 a.m., Pacific Standard Time ar Pacific Daylight Time, as the case may be, seven days each week, unless the City's Director of Cammercial Lot Development approv�s an Administrative Use Permit for extended hours. When a commercial unit is not open ta the public, the persans working in or about the cammercia[ unit must conduct nais� generating activities in a manner which is commensurate with mixed-use projects [i.e. residentiaf and commer�ial] in the City. Noise generating activities include, but are not I[mited to, cleaning, removing grease, removing trash, and receiving deliveries. The Owners of the commercial units sha(I act reasanably to limit disturbances to occupanfis of the resi�ential properties located above tf�e �'roject during the hours that the commereial unit is not open to the public. (i) use of any machines, appliances and equipment in a manner that transmits objectionable levels of naise, vibration, odors, and ather transmissions to any o�her 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 Gaverning Dpcuments canstitutes a default of the tenant under the lease or rental agreement. 2.5 NUISANCES. No Owner shall commit or suffer to be committed arty public o� private nuis�nce or ather act or thirrg which may unreasQnably 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 applic�bfe iaw using abjective standards, and not based on individuai subjective criteria. No Persan may use any Condominium for any use which would violate the provisions of the Governing Documents or increase the rate of insurance for the Prnject ar any other Candominium in the Project. Nntwithstanding the foregaing, the conduct of any activities in the Project which are normal and customary for Prajects simiEar in nature and pernnitted uses shail not, to the extent otherwise permitted by this Declaration and the applicable zoning for the Project, be deemed #o constitute a nuisance or otherwise violate this restriction, so lang as the activities are canducted in com�liance with objective p�rformance standards contain�d in �pplicable Govemmental Req�irements. 2,6 TRASH AND WASTE MATERiALS. There shall be no outdoor storage of trash or waste mater'rals af any kind in th� Project, exc�pt 'in #rash containers placed in outdoar trash enclosures. In no event shall any dwner or Permittee thereof d�pasit any trash ar �ther materials within such trash receptacles except in strict compliance with all applicable Hazardous Materials Laws. 11Uithouf limiting the faregoing, waste materials requiring Special handling and transportation must be stared in appropriate cnntainers if required under applicable Hazardnus Ma#erials Laws, aRd kept aut of regular outdoor 18