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issues. He indicated that the City had agreed to maintain the private streets, and the esplanades, and runnactad ('nmmiccinn nnlirv nn fha nrniarf Mr. Joseph Edwazds, Principal Planner, presented the staff report and discussed the remaining outstanding issues. He indicated that the City had agreed to maintain the private streets, and the esplanades, and requested Commission policy on the project. Mr. Arthur Strock, applicant, indicated that he accepted the conditions of approval. He affirmed that the ceiling heights had been raised to address the concerns previously mentioned by Commissioner Cribb. Commissioner MacDowell asked if the CC&R's would require the establishment of a homeowners association. Mc Strock indicated that the CC&R's would include a homeowners association, but it would not be funded. In addition, he stated that he believed constructing gates would not be feasible because it would put a burden on the homeowners; however, he would install the infrastructure for the gates and if the homeowner association chose to, they could construct the gates in the future. Commissioner Mondo asked if Mr. Strock had any objections to the City having the right to enforce the CC&R's. Mr. Strock indicated that he had no objections. There were no public comments. Motion to approve Conditional Permit No. 98-17, Tentative Tract Map No. 15748, Alley Abandonment No. 98-08, and Street Abandonment No. 98-09 with modifications to the conditions of approval: 1) that all finished ceilings heights for the lower level be a minimum of 14 feet and the minimum ceiling height for the upper level be 12 feet; and 2) that the City be indnded in the CC&R's as a party designated to enforce at its option all provisions of the approved CC&R's. MOTION: Mondo SECOND: Nalle Commissioner MacDowell asked if the maker of the motion would consider including a condition that the CC&R's require the establishment of a homeowners association with the purpose of enforcement of the CC&R's and with the ability to levy fees and assessments. Mr. Chris Taylor, representing the applicant, indicated that the CC&R's gives each property owner enforcement rights. In addition, he stated that the applicant did not have the ability to fund a homeowners association, to establish one would be a lengthy process because the applicant would have to undergo approvals with the State Department of Real Estate. Commissioner Mondo stated that Mr. Strock indicated that a homeowners association would be developed. Mr. Taylor indicated that that was a misunderstanding. There would be an establishment of an Executive Board that would have the right to enforce the CC&R's, there just would not be mandatory funding. Commissioner Solorio expressed his concerns regazding not having a homeowners association for the project and asked who would maintain the private streets. Mr. Adams responded that the City would maintain the private streets. Commissioner Doughty asked if the developer had financing available for potential buyers. Mr. Strock stated that a specific lender had not been established but they were discussing the project with several lenders. Commissioner Mondo indicated that he did not wish to modify the motion but expressed his frustration with the manner in which the project had been processed by the applicant. Commissioner Cribb complimented staff and the applicant for working to resolve the issues of the project and expressed his support for the project and stated that all of his concerns raised previously had been addressed. Madam Chair Verino indicated that she would support the motion. However, she hoped with the City assuming the responsibility of the maintenance of the project, the City would not incur the ongoing financial obligation of code enforcement. Commissioner Solorio expressed his appreciation to staff and the applicant for vigorously working together on the project and reiterated to the applicant that he would like to see an association established for the project. AYES: Verino, Mondo, Doughty, Nalle, Solorio, and Cribb NOES: MacDowell ABSENT: None ABSTAINED: None 2