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Nelson Fiaiho May 23, 2013 Page 2 The Lodge was built and operated pursuant to the terms of the CUP without any major dispute for more than thirty years. However, in February of 2008, the Lodge's neighbors to the north, Michael and Darlene Miller ( "Millers "), initiated a complaint with the City to the effect that the Lodge was being operated in a manner inconsistent with the CUP and the Municipal Code. In 2009, the matter was initially brought before the Commission, but no action by the Commission was ultimately taken. Much of the Millers' complaint appears to relate to the use of the Lodge in its patio and yard area, including Tight and noise purportedly stemming from non -Lodge events held on the property. There have been a number of assertions that the CUP prohibits or limits such usage. However, it is clear from the terms of the CUP itself that no such limitations actually exist.' Over the past several years, the Lodge and City staff have spent significant amounts of time, energy and funds in attempting to reach an amicable resolution. These efforts have included multiple meetings with the Millers, which resulted in several proposals from the Lodge, all of which the Millers rejected.' While it is unfortunate that the Millers will not work with the Lodge and City to resolve the underlying issue, the Lodge is willing to comply with the measures set forth below as further evidence of its good faith desire to coexist peacefully with its neighbors. B. Proposed Remedial Measures The Lodge will voluntarily implement the following protocols to avoid any future problems with the usage of its property under the terms of the CUP. S 3 The Millers have specifically complained about the existence of a door in the north side of the Lodge building leading out to the adjoining patio area. However, as the Commission has itself noted, that door cannot be eliminated as it is required for emergency exit purposes. ' As reflected in an email dated December 31, 2012, the Millers continue to mischaracterize the Lodge's efforts and stymie attempts at reaching a mutually agreeable solution to the dispute. S The Lodge is willing to abide by these measures in order to resolve the Millers' complaints with respect to its operations. Insofar as the Millers do not accept the Lodge's good faith efforts, it expressly reserves all of its rights under the terms of the CUP as well as its right to cease implementation of any or all of the remedial measures set forth herein. PLMC1498851893607.4