RESOLUTION NO. 24-173
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, DETERMINING THAT THE BROADMOOR SAN CLEMENTE COMMUNITY ASSOCIATION HAS FAILED IN ITS ENFORCEMENT DUTIES UNDER THE ASSOCIATION’S COVENANTS, CONDITIONS, AND RESTRICTIONS AND FAILED TO CURE SUCH FAILURE, AND ASSUMING AND ASSIGNING THE CITY’S ENFORCEMENT AUTHORITY OF THE HEIGHT LIMITS FOR TREES ON PROPERTIES LOCATED BETWEEN 201 AND 327 CALLE DELICADA, SAN CLEMENTE, CA 92672 TO THE OWNERS OF PROPERTIES LOCATED BETWEEN 201 AND 337 CALLE FELICIDAD, SAN CLEMENTE, CA 92672 WHEREAS, Broadmoor San Clemente Community Association consists of multiple tracts developed around 1976; and WHEREAS, during the public hearings related to the Broadmoor San Clemente Community Association development’s tract map approvals, adjacent existing homeowners above the development expressed concern about the potential loss or obstruction of their ocean views; and WHEREAS, these adjacent property owners, including those on Calle Felicidad (part of a development that was approved in 1966), requested that measures be put in place to protect their views if they were to support the development below their homes; and WHEREAS, the City’s municipal code does not protect private views; however, views can be considered during reviews of discretionary permits such as tract maps; and WHEREAS, Tract 8963 was approved with a condition requiring height limitations be incorporated into the final development’s covenants, conditions, and restrictions (CC&Rs), which, as recorded in 1974 along with a Supplemental Declaration in 1976 (“Supplemental CC&Rs”), do limit the height of development and landscaping; and WHEREAS, multiple lots in Tract 8963 have trees that are not compliant with the height restrictions in Broadmoor CC&R’s; and WHEREAS, the City issued a demand letter on June 26, 2024 identifying the non-compliance with the Broadmoor San Clemente Community Association’s CC&Rs and demanding the abatement of these violations through performance of its duties as indicated within its CC&Rs, which provided the Broadmoor San Clemente Community Association with at least thirty (30) days notice to cure its failure to enforce its CC&Rs; and WHEREAS, the City’s enforcement ability is identified within Article 12 of the CC&Rs, “Powers of the City of San Clemente,” which requires that the City Council conduct a public hearing to determine whether the Broadmoor San Clemente Community Association has failed to enforce any provisions of its CC&Rs, prior to the assumption of any such enforcement duties and to provide at least ten (10) days’ prior written notice of such hearing; and WHEREAS, on November 8, 2024, the City duly gave notice to the Broadmoor San Clemente Community Association of such a hearing; and WHEREAS, on November 19, 2024, the City Council held a public hearing regarding the Broadmoor San Clemente Community Association’s failure to perform its duties under the CC&Rs and heard and considered the staff report and all written and verbal comments from the public received before or presented at such hearing.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
Section 1. That the above recitations are true and correct and incorporated herein.
Section 2. That the City Council finds and determines that the Broadmoor San Clemente Community Association has failed in its enforcement duties under the Association’s CC&Rs with respect to height limits for trees and bushes and failed to cure such failure for more than thirty (days) following receipt of notice of the same.
Section 3. That, pursuant to Article XII of the Broadmoor San Clemente Community Association’s CC&Rs, the City Council hereby assumes the performance of the duties that the Broadmoor San Clemente Community Association has failed to perform regarding enforcing the height limits specified for trees and bushes applicable to private properties located between 201 and 327 Calle Delicada, San Clemente, CA 92672 (specifically, Section 3 of the Supplemental CC&Rs) and assigns the same and all rights of the City under the Broadmoor San Clemente Community Association’s CC&Rs in connection therewith to the owners of properties located between 201 and 337 Calle Felicidad, San Clemente, CA 92672.
Section 4. That staff is authorized and directed to negotiate and execute such documents, in a form acceptable to the City Attorney, and take such actions as may be necessary and proper to effectuate the assignment set forth in Section 3.
Section 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of ____________________, _______.
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-173 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
______________________________
Elizabeth A. Mitchell, City Attorney
Resolution No. 24-173 Page 2
Attachment 1