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 noncompliance 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
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From: Atamian, Adam
To: [email protected]; [email protected] Cc: Josh Smisko
Subject: Notice of Hearing - Enforcement of Broadmoor CC&Rs - City Council Meeting November 19, 2024 Date: Friday, November 8, 2024 12:02:43 PM
Attachments: Notice of Public Hearing 11-19-2024 - Broadmoor Association CCR Enforcement.pdf [EXTERNAL]
Dear Mr. Phillips and Ms. Cervantes,
Please find attached Notice of Public Hearing for the November 19, 2024 City Council Meeting. Hard copies of this notice are also being sent via certified and regular mail. The City will provide notification to you when the agenda and agenda packet is published.
Sincerely,
Adam Atamian, MPA, AICP
Community Development Director
Community Development Department
910 Calle Negocio
San Clemente, CA 92673
p: (949) 361-6196
[email protected]
SCSEAL
P Please consider the environment before printing this e-mail Attachment 12
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EXHIBIT L
4895-6062-5911 v1
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING
WILL BE HELD BY THE CITY COUNCIL OF THE
CITY OF SAN CLEMENTE, CALIFORNIA,
RELATIVE TO THE FOLLOWING:
TO:
Broadmoor San Clemente Community Association
Attn: Ryan Phillips, Agent for Service
Compass Property Management Corporation
302 N. El Camino Real, Suite 100
San Clemente, CA 92672
Broadmoor San Clemente Homeowners Association CC&R Compliance Notice is hereby given that the City Council of the City of San Clemente shall conduct a public hearing to address non-compliance with the Covenants, Conditions, and Restrictions (CC&Rs) specific to the Broadmoor community.
Details of Non-Compliance:
The identified violations pertain to Article VII, Section 22, of the Broadmoor CC&Rs, specifically related to height restrictions for trees, bushes, and shrubs within the community. The CC&Rs stipulate:
"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." Hearing Details:
Date: November 19, 2024
Time: 6:00 p.m. or as soon thereafter as the matter may be heard Location: City Hall Council Chambers, 910 Calle Negocio, 2 nd Floor, San Clemente, California
92673
Purpose of Hearing:
This hearing has been scheduled to review the CC&R violations and determine whether the City of San Clemente shall assume enforcement duties as permitted under Article XII of the Broadmoor HOA CC&Rs. Should the City take on enforcement responsibilities, the reasonable costs incurred, including reasonable attorney fees, may be assessed to the HOA, potentially leading to a uniform assessment against each lot within Broadmoor San Clemente.
Further information may be obtained by contacting the City Clerk’s Office at (949) 361-8200. 113
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All interested parties are invited to attend this public hearing or provide comments by written communication to the City Council. All written comments must be received by the City Clerk’s Office by no later than 4:00 p.m. on the date of the hearing to ensure sufficient time to distribute to the City Council and the public. If you challenge the actions taken by the City Council in court, you may be limited to the arguments raised at the hearing.
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