City of San Clemente Code Compliance
Danielle Sorahan, Code Compliance Manager
Phone: (949) 361-8200
[email protected]
June 26, 2024
VIA CERTIFIED MAIL AND EMAIL AT [email protected] Broadmoor San Clemente Homeowners Association
Attn: Ryan Phillips, Agent for Service
1505 Corporation
Compass Property Management Corporation
302 N. El Camino Real, Suite 100
San Clemente, CA 92672
Subject: Demand for Compliance with CCRs Regarding Tree Heights Dear Broadmoor Homeowners Association,
As the Code Compliance Manager for the City of San Clemente, I am writing to address a matter concerning compliance with the Covenants, Conditions, and Restrictions (CCRs) of the Broadmoor community.
Facts:
It has come to our attention that there are violations of Article VII, Section 22, of your CCRs, specifically pertaining to the height restrictions on trees, bushes, and shrubs. The relevant section states:
"No tree, bush, or shrub shall be placed or maintained upon any Lot described in Exhibit 'C,' attached hereto and incorporated herein by reference, which exceeds 17 feet in height or upon any other Lot in Broadmoor San Clemente which exceeds 20 feet in height." Additionally, Article XII of the CCRs grants the City of San Clemente the authority to enforce these regulations, if the HOA fails to do so. The Article states:
"If the City Council of the City of San Clemente reasonably determines at a public hearing held after not less than ten (10) days’ prior written notice to the Association that the Association has failed to perform any of its duties under the Declaration, the City shall have the right, but not the obligation, to thereafter assume the performance of any such duty until such time as the Association demonstrates its ability to reassume such performance; provided, however, that the City shall not exercise any of the rights granted under this Article XII unless, after giving the Association written notice of its determination that the Association has failed to perform its duties… the Association does not cure such failure within thirty (30) days from the date of receipt by the Association of said notice." Code Compliance Division
910 Calle Negocio, San Clemente, CA 92673
www.san-clemente.org
ATTACHMENT 10
Demand:
To avoid the City exercising Article XII, the City hereby demands that the Broadmoor HOA take immediate action to ensure compliance with the CCRs regarding tree heights within the development, including but not limited to, trees located on the properties between 201 and 327 Calle Delicada, San Clemente, CA.
If the Association does not remedy this issues of non-compliance within thirty (30) days from the date of receipt of this notice, the City of San Clemente may assume enforcement duties as outlined in Article XII.
Consequences:
Per Article XII, the reasonable costs of the City’s enforcement, if any, will be borne by the Association, and failure to pay these costs within sixty (60) days will result in the City levying and collecting a uniform assessment against each lot within Broadmoor San Clemente.
Please provide written confirmation of your action plan to address the issues of non-compliance set forth above within the specified timeframe. Should you have any questions or require further clarification, please do not hesitate to contact me directly.
Thank you in advance for your prompt attention to this matter.
Sincerely,
Danielle Sorahan
Code Compliance Manager
City of San Clemente