6. All required parking for the project is provided on site;
7. Adequate trash enclosures are provided per CR&R Environmental Standards;
8. The project provides a pedestrian pathway along the south of the property for public access to the adjacent ridgeline trail;
9. Exterior site and landscaping lighting is provided throughout the site, subject to Building Code standards. Additionally, Condition of Approval No. 4.14 requires approval of a photometric plan prior to issuance of a Building Permit;
10. The project is subject to the California Building Code Standards, Orange County Fire Authority standards, and other applicable Code requirements;
11. The scope of the impacts from the proposed project was analyzed in the prior 1497
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EIR that considered of the buildout of the Rancho San Clemente Specific Plan area, and no changes to the project site or its circumstances are occurring, nor is there new previously unavailable information, that could result in new or more severe impacts than the potential impacts analyzed in the prior EIR.
The proposed project will result in a reduction in the intensity of development and uses allowed on the site, thereby reducing the risk of any potential environmental impacts below those considered in the prior EIR, in that, the maximum Floor Area Ratio (FAR) in the Business Park zone is .5, or 451,935 square feet for the project site, and the proposed floor area is 234,714 square feet (.27 FAR);
12. The project also qualifies for streamlined review under CEQA Guidelines section 15183, which allows streamlined CEQA review for projects that are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was previously certified. However, Section 15183 still requires the lead agency to determine whether there are project-specific significant effects which are peculiar to the project or its site that were not analyzed as significant effects in the prior EIR; that are potentially significant off-site impacts and cumulative impacts that were not discussed in the prior EIR; or that are previously identified significant effects that, as a result of substantial new information that was not known at the time the EIR was certified, will have more severe adverse impacts than discussed in the prior EIR. In this case, the project is precisely the kind of project envisioned in the 1983 EIR, which was adopted for current general plan, community plan, and zoning requirements. There are no effects of the project that are peculiar or unique to the project site, nor are there any new or more severe potentially significant onsite or offsite impacts of the proposed project that were not already analyzed in the prior EIR. The project elements and associated conditions of approval implement the mitigation measures identified in the 1983 EIR. For these reasons, the project does not require further environmental review under CEQA per CEQA Guidelines section 15183.
13. The project site is in a developed area where public services and utilities are available to support the project.
Section 5. Discretionary Sign Permit Findings
With respect to Discretionary Sign Permit (DP) 25-263, for the Master Sign Program, the Planning Commission recommends that the City Council find as follows:
A. The design, including lighting, scale, length and materials, of the signs is consistent with the intent of the design elements of the General Plan, Design Guidelines, and Rancho San Clemente Specific Plan in which the sign is to be located, in that, the proposed signage consists of a monument _sign, project identification signs, and tenant building and canopy signs made of flat cutout aluminum letters/numbers to be mounted with stainless steel hardware and painted with satin colors. Illumination consists of halo-lighting on the project 1498
Resolution No. PC 25-012 Page 17
identification signs located at each entry, and low-profile LED lighting on the monument sign. Tenant building and canopy signs are non-illuminated. Tenant and canopy signage is appropriately placed within each suite's fagade and above each suite's entry. Signage for the comer suites consists of two signs - one at the front elevation and one at the side elevation - that are placed higher on the building than the inline tenants. The higher placement of the comer suite signage is appropriate given that the parapet walls above the comer suites extend higher than the rest of the building's height, allowing for more space between the top of the text and the roofline. The only sign allowed for inline tenants would be at the front elevation, not counting window signage. Window signage is allowed up to 25% of the respective glass panel surface area, and for tenant identification. The monument sign and project identification signs would be mounted on structures made of concrete and aluminum, compatible with the project's architecture and materials;
B. The design, scale and materials of the signs harmonize with the architectural design and details of the building or site it serves, in that, the proposed signage consists of a monument sign, project identification signs, and tenant building and canopy signs made of flat cutout aluminum letters/numbers to be mounted with stainless steel hardware and painted with satin colors. Illumination consists of halo-lighting on the project identification signs located at each entry, and lowprofile LED lighting on the monument sign. Tenant building and canopy signs are non-illuminated. Tenant and canopy signage is appropriately placed within each suite's fagade and above each suite's entry. Signage for the comer suites consists of two signs - one at the front elevation and one at the side elevation - that are placed higher on the building than the inline tenants. The higher placement of the comer suite signage is appropriate given that the parapet walls above the comer suites extend higher than the rest of the building's height, allowing for more space between the top of the text and the roofline. The only sign allowed for inline tenants would be at the front elevation, not counting window signage. Window signage is allowed up to 25% of the respective glass panel surface area, and for tenant identification. The monument sign and project identification signs would be mounted on structures made of concrete and aluminum, compatible with the project's architecture and materials; C. The design and scale of the signs is appropriate to the distance from which the signs are normally viewed, in that, tenant building and canopy signs are nonilluminated, and the majority of signage is visible from within the development, and any signage facing north, would either be partially of fully screened by trees.
Tenant and canopy signage is appropriately placed within each suite's fagade and above each suite's entry. Signage for the comer suites consists of two signs - one at the front elevation and one at the side elevation - that are placed higher on the building than the inline tenants. The higher placement of the comer suite signage is appropriate given that the parapet walls above the comer suites extend higher than the rest of the building's height, allowing for more space between the top of the text and the roofline. The only sign allowed for inline tenants would be at the front elevation, not counting window signage. Window signage is allowed up to 25% of the respective glass panel surface area, and for tenant identification; 1499
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D. The design and materials of the signs provide a contrast between the background and letters, in that, the buildings consist of a variety of concrete patterns and textures, and an earth tone gray/blue primary color palette; E. The provisions of the Master Sign Program ensure consistency in design and style of all new signs, in that, tenant signage is limited to a consistent size with no illumination, flat cutout aluminum letters to be painted a satin color. Additionally, illumination for the project identification signs and monument sign is clearly indicated in the Master Sign Program. An elevation drawing is provided which shows the perimeters for new building signs; and
F. All new signs within the Master Sign Program are in compliance with the sign design standards, in that, all signs are required to be of a permanent material such as aluminum, all support hardware is made up of steel and compatible with the project's architecture and design, all building signs are non-illuminated, lighting for the project identification signs and the monument sign is provided in a manner (halo-lighting and low-profile) which minimizes light or glare upon adjacent residential properties' and the public right-of-way, and landscaping is provided around the project identification signs and the monument sign.
Section 6. Tentative Tract Map Findings
With respect to Tentative Tract Map (TTM) 25-263, for the land and condominium subdivision, the Planning Commission recommends that the City Council find as follows:
A. As conditioned, the site is physically suitable for the type of development, in that:
1. The proposed buildings will be served by common infrastructure and site features such as drive aisles and parking;
2. Proposed lot sizes are consistent with the minimum required lot size of 10,000 square feet within the Business Park Zone and surrounding pattern of development;
3. The project is proposed entirely within the property, and no part of the development encroaches into the public right-of-way. However, the applicant will plant trees in the future on the adjacent open space lot to the north of the project, in the event ownership of the adjacent lot authorizes the planting of trees on said space. Condition of Approval No. 4.13 requires the applicant to submit to and obtain approval from the City Planner, or designee, a landscape plan showing the location and type of trees to be planted;
4. All required parking for the project is provided on site;
5. Adequate trash enclosures are provided per CR&R Environmental Standards; 1500
Resolution No. PC 25-012 Page 19
6. The project site is in a developed area where public services and utilities are available to support the project;
7. The scope of the impacts from the proposed project was analyzed in the prior EIR that considered of the buildout of the Rancho San Clemente Specific Plan area, and no changes to the project site or its circumstances are occurring, nor is there new previously unavailable information, that could result in new or more severe impacts than the potential impacts analyzed in the prior EIR.
The proposed project will result in a reduction in the intensity of development and uses allowed on the site, thereby reducing the risk of any potential environmental impacts below those considered in the prior EIR, in that, the maximum Floor Area Ratio (FAR) in the Business Park zone is .5, or 451,935 square feet for the project site, and the proposed floor area is 234,714 square feet (.27 FAR);
8. The project also qualifies for streamlined review under CEQA Guidelines section 15183, which allows streamlined CEQA review for projects that are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was previously certified. However, Section 15183 still requires the lead agency to determine whether there are project-specific significant effects which are peculiar to the project or its site that were not analyzed as significant effects in the prior EIR; that are potentially significant off-site impacts and cumulative impacts that were not discussed in the prior EIR; or that are previously identified significant effects that, as a result of substantial new information that was not known at the time the EIR was certified, will have more severe adverse impacts than discussed in the prior EIR. In this case, the project is precisely the kind of project envisioned in the 1983 EIR, which was adopted for current general plan, community plan, and zoning requirements. There are no effects of the project that are peculiar or unique to the project site, nor are there any new or more severe potentially significant onsite or offsite impacts of the proposed project that were not already analyzed in the prior EIR. The project elements and associated conditions of approval implement the mitigation measures identified in the 1983 EIR. For these reasons, the project does not require further environmental review under CEQA per CEQA Guidelines section 15183.
B. As conditioned, the site is physically suitable for the proposed density of the development, in that:
1. The proposed buildings will be served by common infrastructure and site features such as drive aisles and parking;
2. Proposed lot sizes are consistent with the minimum required lot size of 10,000 square feet within the Business Park Zone and surrounding pattern of development;
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Resolution No. PC 25-012 Page 20
3. The project is proposed entirely within the property, and no part of the development encroaches into the public right-of-way. However, the applicant will plant trees in the future on the adjacent open space lot to the north of the project, in the event ownership of the adjacent lot authorizes the planting of trees on said space. Condition of Approval No. 4.13 requires the applicant to submit to and obtain approval from the City Planner, or designee, a landscape plan showing the location and type of trees to be planted;
4. All required parking for the project is provided on site;
5. Adequate trash enclosures are provided per CR&R Environmental Standards;
6. The project site is in a developed area where public services and utilities are available to support the project;
7. The scope of the impacts from the proposed project was analyzed in the prior EIR that considered of the buildout of the Rancho San Clemente Specific Plan area, and no changes to the project site or its circumstances are occurring, nor is there new previously unavailable information, that could result in new or more severe impacts than the potential impacts analyzed in the prior EIR.
The proposed project will result in a reduction in the intensity of development and uses allowed on the site, thereby reducing the risk of any potential environmental impacts below those considered in the prior EIR, in that, the maximum Floor Area Ratio (FAR) in the Business Park zone is .5, or 451,935 square feet for the project site, and the proposed floor area is 234,714 square feet (.27 FAR);
8. The project also qualifies for streamlined review under CEQA Guidelines section 15183, which allows streamlined CEQA review for projects that are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was previously certified. However, Section 15183 still requires the lead agency to determine whether there are project-specific significant effects which are peculiar to the project or its site that were not analyzed as significant effects in the prior EIR; that are potentially significant off-site impacts and cumulative impacts that were not discussed in the prior EIR; or that are previously identified significant effects that, as a result of substantial new information that was not known at the time the EIR was certified, will have more severe adverse impacts than discussed in the prior EIR. In this case, the project is precisely the kind of project envisioned in the 1983 EIR, which was adopted for current general plan, community plan, and zoning requirements. There are no effects of the project that are peculiar or unique to the project site, nor are there any new or more severe potentially significant onsite or offsite impacts of the proposed project that were not already analyzed in the prior EIR. The project elements and associated conditions of approval implement the mitigation measures identified in the 1983 EIR. For these reasons, the project does not require further environmental review under CEQA per CEQA Guidelines section 15183.
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Resolution No. PC 25-012 Page 21
C. As conditioned, the design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, in that:
1. The proposed buildings will be served by common infrastructure and site features such as drive aisles and parking;
2. Proposed lot sizes are consistent with the minimum required lot size of 10,000 square feet within the Business Park Zone and surrounding pattern of development;
3. The project is proposed entirely within the property, and no part of the development encroaches into the public right-of-way. However, the applicant will plant trees in the future on the adjacent open space lot to the north of the project, in the event ownership of the adjacent lot authorizes the planting of trees on said space. Condition of Approval No. 4.13 requires the applicant to submit to and obtain approval from the City Planner, or designee, a landscape plan showing the location and type of trees to be planted;
4. All required parking for the project is provided on site;
5. Adequate trash enclosures are provided per CR&R Environmental Standards;
6. The project site is in a developed area where public services and utilities are available to support the project;
7. The scope of the impacts from the proposed project was analyzed in the prior EIR that considered of the buildout of the Rancho San Clemente Specific Plan area, and no changes to the project site or its circumstances are occurring, nor is there new previously unavailable information, that could result in new or more severe impacts than the potential impacts analyzed in the prior EIR.
The proposed project will result in a reduction in the intensity of development and uses allowed on the site, thereby reducing the risk of any potential environmental impacts below those considered in the prior EIR, in that, the maximum Floor Area Ratio (FAR) in the Business Park zone is .5, or 451,935 square feet for the project site, and the proposed floor area is 234,714 square feet (.27 FAR); and
8. The project also qualifies for streamlined review under CEQA Guidelines section 15183, which allows streamlined CEQA review for projects that are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was previously certified. However, Section 15183 still requires the lead agency to determine whether there are project-specific significant effects which are peculiar to the project or its site that were not analyzed as significant effects in the prior EIR; that are potentially significant off-site impacts and cumulative impacts that were not discussed in the prior EIR; or that are previously identified significant effects that, as a result of substantial new information that was not known at 1503
Resolution No. PC 25-012 Page22
the time the EIR was certified, will have more severe adverse impacts than discussed in the prior EIR. In this case, the project is precisely the kind of project envisioned in the 1983 EIR, which was adopted for current general plan, community plan, and zoning requirements. There are no effects of the project that are peculiar or unique to the project site, nor are there any new or more severe potentially significant onsite or offsite impacts of the proposed project that were not already analyzed in the prior EIR. The project elements and associated conditions of approval implement the mitigation measures identified in the 1983 EIR. For these reasons, the project does not require further environmental review under CEQA per CEQA Guidelines section 15183.
D. As conditioned, the design of the subdivision or the type of improvements is not likely to cause serious public health problems, in that:
1. The subdivision will create buildings and/or suites for separate ownership of spaces used to support business park-oriented uses within an existing business park, and separated from residential uses by 420 feet. Additionally, separate discharge and AQMD permits will be required as applicable;
2. The proposed buildings will be served by common infrastructure and site features such as drive aisles and parking;
3. Proposed lot sizes are consistent with the minimum required lot size of 10,000 square feet within the Business Park Zone and surrounding pattern of development;
4. The project is proposed entirely within the property, and no part of the development encroaches into the public right-of-way. However, the applicant will plant trees in the future on the adjacent open space lot to the north of the project, in the event ownership of the adjacent lot authorizes the planting of trees on said space. Condition of Approval No. 4.13 requires the applicant to submit to and obtain approval from the City Planner, or designee, a landscape plan showing the location and type of trees to be planted;
5. All required parking for the project is provided on site;
6. Adequate trash enclosures are provided per CR&R Environmental Standards;
7. The project site is in a developed area where public services and utilities are available to support the project;
8. The scope of the impacts from the proposed project was analyzed in the prior EIR that considered of the buildout of the Rancho San Clemente Specific Plan area, and no changes to the project site or its circumstances are occurring, nor is there new previously unavailable information, that could result in new or more severe impacts than the potential impacts analyzed in the prior EIR.
The proposed project will result in a reduction in the intensity of development 1504
Resolution No. PC 25-012 Page23
and uses allowed on the site, thereby reducing the risk of any potential environmental impacts below those considered in the prior EIR, in that, the maximum Floor Area Ratio (FAR) in the Business Park zone is .5, or 451,935 square feet for the project site, and the proposed floor area is 234,714 square feet (.27 FAR); and
9. The project also qualifies for streamlined review under CEQA Guidelines section 15183, which allows streamlined CEQA review for projects that are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was previously certified. However, Section 15183 still requires the lead agency to determine whether there are project-specific significant effects which are peculiar to the project or its site that were not analyzed as significant effects in the prior EIR; that are potentially significant off-site impacts and cumulative impacts that were not discussed in the prior EIR; or that are previously identified significant effects that, as a result of substantial new information that was not known at the time the EIR was certified, will have more severe adverse impacts than discussed in the prior EIR. In this case, the project is precisely the kind of project envisioned in the 1983 EIR, which was adopted for current general plan, community plan, and zoning requirements. There are no effects of the project that are peculiar or unique to the project site, nor are there any new or more severe potentially significant onsite or offsite impacts of the proposed project that were not already analyzed in the prior EIR. The project elements and associated conditions of approval implement the mitigation measures identified in the 1983 EIR. For these reasons, the project does not require further environmental review under CEQA per CEQA Guidelines section 15183.
E. As conditioned, the subdivision, with its provisions for any design and improvements, is consistent with the General Plan and any applicable specific plan, in that:
1. The project consists of high-quality contemporary architecture and landscaping, with 74 adaptable tenant suites that can be combined and occupie_d by industrial-type uses, such as, medical offices, light manufacturing, professional offices, research and development, service uses, and warehouse/wholesale, and commercial recreation with a Conditional Use Permit. Additionally, an amenity hub is provided for tenants/employees with amenities such as a gym, golf simulator, and an ocean-view deck. The 7 4 new industrial suites totaling 234,714 square feet of floor area will increase job opportunities within the Business Park, while remaining compatible with surrounding development, consistent with the following developmental policies of the City: Industrial Land Use Goal, which states, "Create and maintain diverse employment opportunities located in areas that provide strategic advantages for employers to locate in San Clemente, provide headof-household jobs, generate municipal revenues, and improve quality of life, while minimizing impacts on surrounding neighborhoods."; Rancho San Clemente Business Park Goal, which states, "Maintain and promote the 1505
Resolution No. PC 25-012 Page24
Rancho San Clemente and Talega Business Parks as a premier office and industrial location for start-up businesses, expanding businesses, and for businesses relocating to San Clemente."; and Land Use Element Policy 8.01 - Priorities, which states, "Pursuant to the Economic Development Strategy, we assign a high priority to those initiatives, investments, and development approvals that contribute to our vision of the Rancho San Clemente Business Park as a premier office and industrial employment center that capitalizes on San Clemente's access to the Orange County and San Diego County markets.";
2. The project consists of adequate setbacks between the buildings and streets, and between each building, for compliance with minimum setback requirements and drive aisles meeting OCFA and CR&R standards.
Prominent landscaped buffers are proposed on the west and east side of the project adjacent to the streets. To the north of and adjacent to the project site is a landscaped strip of land zoned as open space (OS2), providing a natural buffer between the project and the nearest developed site to the north. The project includes a small landscaped buffer with a pedestrian walkway on the south side of the project site, for access to the adjacent ridgeline trail, consistent with General Plan Policy UD-3.03 - Buffers and Setbacks, which states, 'We require that new uses and buildings, characterized by differing functions, activities, density, scale and massing, to provide conditions of approval, landscaped buffers and/or setbacks between uses to prevent or reduce adverse impacts.'~
3. The project's mass, scale, and form are compatible in character with surrounding industrial development in that the proposed buildings consist of one story with mezzanine levels, human scale elements such as entry canopies and man doors, typical industrial building footprints, and flat roofs.
Surrounding industrial buildings consist of one, two, and three-story buildings with flat roofs, and similar building footprints. The project and existing development generally consist of long uninterrupted wall planes as expected to accommodate industrial-related uses, consistent with General Plan Policy UD-5.10 - Scale and Massing, which states, 'We require that the scale and massing of development be compatible with its surroundings and with the General Plan, applicable specific plan and or area plan.";
4. The site has a downward slope from east to west with a grade difference of 100 feet, and sits at the highest point within the Business Park below a ridgeline, outside of any public view corridor. The proposed development has two zones - a higher pad on the east side with seven buildings and a lower pad on the west side with four buildings, with a landscaped buffer in between both pads, consistent with General Plan Policy UD-5.14 - Building Design with Topography, which states, "Building design shall consider the site's natural topography, public view corridors and adjacent building profiles so that canyonization is avoided.•~
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Resolution No. PC 25-012 Page25
5. Proposed landscaping consists of drought-tolerant and native species primarily on the development's edges and throughout the development, consistent with General Plan Policy UD-5.18 - Drought Tolerant/Native Species Landscaping, which states, "Ornamental plantings in new, nonresidential development should consist primarily of drought tolerant and California native species. Only in small areas and special public locations, such as high-use areas of parks, should lawns or other high water use vegetation be used.";
6. The project incorporates bicycle- and pedestrian-oriented features such as walkways, an amenity hub, and bicycle parking throughout the development.
The project supports recreational goals by providing a walkway that connects to the ridgeline trail. Additionally, the project also provides a shower within the amenity hub to encourage active transportation to the development, consistent with General Plan Policy M-2.48 - Bicycle- and Pedestrian Oriented Site Design, which states, "The project incorporates bicycle- and pedestrian-oriented features such as walkways, an amenity hub, and bicycle parking throughout the development. The project supports recreational goals by providing a walkway that connects to the ridgeline trail. Additionally, the project also provides a shower within the amenity hub to encourage active transportation to the development."; and
7. The project is conditioned to comply with Trip Reduction and Travel Demand Management standards pursuant to SCMC 17.76 (Condition of Approval
4.15).
F. As conditioned, the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, in that, easements for public access and public utility purposes will be quitclaimed, partially quitclaimed, and relocated.
Section 4. Planning Commission Recommendation.
Based on the entire record, including all written and oral evidence presented to the Planning Commission, and the findings made and evidence discussed in the staff report and this Resolution, the Planning Commission hereby recommends that the City Council adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN CLEMENTE, CALIFORNIA, CONDITIONALLY APPROVING DEVELOPMENT PERMIT 25-224, CONDITIONAL USE PERMIT 25-223, DISCRETIONARY SIGN PERMIT 25-263, TENTATIVE TRACT MAP 25-225, LUMINAR BUSINESS PARK, TO ALLOW THE CONSTRUCTION OF A NEW INDUSTRIAL COMPLEX WITH 11 NEW
BUILDINGS ON VACANT LAND, IN CONJUNCTION WITH A MASTER SIGN
PROGRAM, AND A LAND AND CONDOMINIUM SUBDIVISION FOR INDIVIDUAL OWNERSHIP OF EACH BUILDING/SUITE, LOCATED AT 1000 CALLE CORDILLERA,
AND FINDING THAT NO SUPPLEMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IS NECESSARY (14 CCR 15162 AND 15183)" substantially similar to this resolution.
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Resolution No. PC 25-012 Page 26
PASSED AND ADOPTED at a regular meeting of the City of San Clemente Planning Commission on August 20, 2025.
~
CERTIFICATION:
I HEREBY CERTIFY this Resolution was adopted at a regular meeting of the City of San Clemente Planning Commission on August 20, 2025, carried by the following roll call vote:
AYES: COMMISSIONERS: MCCAUGHAN, PRESCOTT-LOEFFLER, CAMP,
MCKHANN, GRIFFIN, FREEMAN, COSGROVE
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Jon ot, Secretary of the Planning Commission
1508
Resolution No. PC 25-012 EXHIBIT A
CONDITIONS OF APPROVAL
DEVELOPMENT PERMIT 25-224, CONDITIONAL USE PERMIT 25-223, DISCRETIONARY SIGN PERMIT 25-263, TENTATIVE TRACT MAP 25-225
LUMINAR BUSINESS PARK
1.0 GENERAL CONDITIONS OF APPROVAL
1.1 Within 30 days of approval of this application, the applicant shall submit to the City Planner a signed acknowledgement concurring with all conditions of approval on a form to be provided by the City.
Failure to submit this acknowledgement may be grounds to revoke this approval.
1.2 The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City of San Clemente and its officers, employees, and agents from and against any claim, action, proceeding, fines, damages, expenses, and attorneys' fees, against the City, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Planner, Zoning Administrator, or City employees or environmental finding. Applicant shall pay all costs upon request by the City. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter at the applicant's expense. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter at the applicant's cost. If the applicant fails to so defend the matter, the City shall have the right, at its own option, to do so and, if it does, the applicant shall promptly pay the City's full cost of the defense.
1.3 Use and development of this property shall be in substantial conformance with the approved plans, material boards and other applicable information submitted with this application, and with these conditions of approval.
1.4 The applicant shall comply with all applicable current and future provisions of the San Clemente Municipal Code, adopted
ordinances, and state laws.
1.5 Use of the subject property shall conform to all occupancy requirements, including posting of signs related to the maximum occupancy limitations.
1.6 Development Permit 25-224/Conditional Use Permit 25-223/ Discretionary Sign Permit 25-263/ Tentative Tract Map 25-225 shall Planning
Planning
Planning
All
Code
Comp
Planning
*
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Resolution No. PC 25-012
Exhibit A
be deemed to have expired if within six years of approval the project is not commenced, or the project permitted by the approved application has lapsed, as defined by Zoning Ordinance Section
17.12.150.
1. 7 Within five business days of project approval, the applicant shall submit to the Planning Division a check made payable to the Orange County Clerk-Recorder in the amount of $50 for filing the CEQA Notice.
1.8 The applicant shall promptly pay and replenish an estimate of and any outstanding balance for City reviews, such as the WQMP review, CC&R review, and any other deposit account expenses related to this project within 1 O days' notice from the City of any deposit or replenishment request or notice of outstanding balance.
2.0 PRIOR TO APPROVAL OF A FINAL MAP
2.1 The final map shall indicate that all streets, drainage, storm drains, sewer, street lights, street signage and striping improvements within the interior of this subdivision are private and shall be maintained by the Master Association and/or Sub-association, or such other provision for maintenance which may be subsequently approved by the City Council. (SCMC Section 16.36.030)
2.2 Prior to recordation of the final map, the applicant shall submit to the City Engineer evidence that the County Surveyor has approved a digitized tract/parcel map pursuant to Orange County Ordinance No. 3809 dated January 28, 1991. The owner or designee shall pay for all costs of said digital submittals, including supplying digital copies to the City of the final, County Surveyor-approved digital map in DXF format.
Buyer Notification
2.3 The applicant shall submit to the City Planner and obtain approval from the City Attorney's Office of a buyer's notification disclosure form, to be given to all potential buyers of the lots/units, which indicates the existence, operations, characteristics, and potential exposure to nuisance/objectionable odors/risk of upset/hazards of the following:
Prima Deshecha Landfill
TRW
United States Marine Corps, Camp Pendleton
San Onofre Nuclear Generating Station
Ford Aerospace
Planning
Planning
Public
Works
Public
Works
Planning
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Resolution No. PC 25-012
Exhibit A
Fire hazard due to wildland exposure (Fire - FP16)
The Forster Ranch ridgeline trail and connections
Orange County Flood Control Channel
City of San Clemente Wastewater Treatment Plant
Owens-Illinois Sand and Gravel Operation
Condominium Conversion
2.4 The applicant shall demonstrate to the satisfaction of the City Planner that each existing tenant has received the following notices:
A. Ten days' written notification by mail that an application for a public report will be, or has been, submitted to the
Department of Real Estate, and that such report will be available on request.
B. Written notification by mail of the intention to convert 180 days prior to the termination of tenancy due to the
conversion.
C. Notice of an exclusive right to contract for the purchase of the tenant's respective unit upon the same terms and
conditions that such unit will be initially offered to the general public, or terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report, unless the tenant gives prior written notice of the intent to not exercise the right.
Covenants, Conditions & Restrictions (CC&Rs)
2.5 The applicant shall submit to the City Planner, and obtain approval from the City Planner, City Engineer, Fire Chief and City Attorney's Office of Covenants, Conditions and Restrictions (CC&R's) which shall include the following provisions:
A. Creation of a Master Association and/or a Sub-association for the purpose of providing for control over the uniformity of boundary fencing, and the perpetual maintenance
responsibility of areas including, but not limited to, (delete or add as appropriate) all common areas, open space,
slopes, fuel modification zones, private medians and
greenbelts, arterial highway parkway landscaping, irrigation systems, landscaped areas, walls, driveways, parking
areas, trash areas, structures, private streets, street lights, and drainage. All streets, drainage, street lights, street signage and striping improvements within the interior of the subdivision designated as private shall remain private and shall be maintained by the Master Association and/or Subassociation, or such other provision for maintenance which may be subsequently approved by the City Council. In
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addition, the CC&R's shall indicate all other areas to be owned and maintained by the Master Association and/or
Sub-association and that maintenance of all private
drainage facilities shall be in conformance with NPDES
requirements.
B. Within 15 days of the establishment of the homeowners association and/or the commercial property owners
association, the owner or designee is required to furnish the Board or Officers of each association a copy of each
approved tract map, a copy of the approved site and fencing plan, copies of all approved landscaping plans, a complete set of construction plans for the various residential model types, and approved plans indicating the locations and
characteristics of all major project components, utilities, and related data.
C. Following recordation of each final tract map, each Master Association of this tract shall submit to the City Planner, for distribution to the Fire and Beaches, Parks and Recreation Departments, and shall re-submit annually, a list of all current Property Owner Association officers of the
Association.
D. A statement indicating that open space (as provided in Lots C, D, & E) shall be retained by deed restriction as
designated open space in perpetuity and maintained by a Master Association and/or the Sub-association, and that no development or encroachment shall be permitted within the designated open space.
E. A statement indicating that proposed amendments to any of the CC&R's shall be submitted for review to the City
Planner, and shall be approved by the City Attorney's Office, prior to the amendments being valid.
F. A statement indicating that storm drain facilities shall be inspected regularly as follows:
1) Open channels, catch basins and pipelines inspected
annually before storm season and removal of debris as
necessary.
2) All facilities shall have debris and sediment removed either manually or by mechanical methods. Flushing
shall be used in emergency situations only.
G. A statement obligating the Association(s) to provide to the City Engineer annual reports in the month of June in
compliance with the reporting requirements of codes and ordinances adopted by the City with respect to the NPDES program.
H. Identification of all fire prevention and defense provisions including: a) a fire lane map; b) provisions which prohibit parking in fire lanes and a method of enforcement; and c) Page4
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provisions for maintenance of fuel modification zones
including the removal of all dead and dying vegetation and the inspection and correction of any deficiencies in the irrigation system three times a year; and a method for
keeping fire protection access easements unobstructed. A statement shall acknowledge that approval of the Chief of Fire Protection Services shall be required for any
modifications such as speed bumps, control gates, or
parking changes.
I. A statement indicating that the commercial recreation use allowed in Building 1 shall operate as follows:
1) The commercial recreation use shall operate in a
manner that does not require more than 76 parking
spaces;
2) Commercial recreation classes shall be staggered by a minimum of ten minutes in between the end and start of
each class, and all schedules on business flyers and
social media platforms shall reflect the ten-minute gap. 3) A statement indicating that schools, and day cares are not allowed, unless entitlements are approved by the
City and CC&Rs are amended to allow schools and day
cares.
4) A statement indicating that drop-off/pick-up zones are not allowed unless an amendment to the project is
approved by the Planning Commission.
5) A statement indicating that the property
manager/association shall be responsible for
maintaining and providing to the Planning Division an
updated parking table that tracks the amount of parking spaces available as suites are occupied.
K. A statement incorporating the following Conditions of Approval into the CC&R's:
1) Bicycle parking and locker facilities shall be provided in a secure location for use by employees or tenants who
commute to the site by bicycle. The number of
facilities/racks to be provided shall be at the rate of at least five racks for every 100 employees or fraction thereof. 2) All customers shall park in a designated parking space and walk to their destination.
3) A commuter information area shall be provided that offers employees appropriate information on available
transportation alternatives to the single-occupancy vehicle.
This area shall be centrally located and accessible to all employees or tenants.
2.6 The applicant shall provide a deposit for and reimburse the City all Page5
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costs associated with review of the project CC&Rs, Disclosure Statements, and any other applicable documents by the City Attorney's Office.
Easements
2.7 The final map shall depict the location of all easements for open space, trails, water and sewer easements, storm drains and storm drain maintenance access, public street lights, utilities, reciprocal access, emergency access, slopes and slope maintenance, and landscaping. All drainage easements shall be a minimum of 15 feet. No drainage facilities accepted for dedication or maintenance by the City shall be located within slopes. (SCMC Section
16.28.030)
2.8 The applicant shall' demonstrate to the satisfaction of the City Engineer that quitclaims in favor of the City have been obtained from all persons having any interest in existing rights of way for pipelines for the conveyance of water, and for all rights to all underground water. The right to all underground water, but without right of entry to the surface thereof, shall be conveyed to the City.
No easements shall be granted nor recorded over any portion of the property shown on the submitted record map between the date the tentative map is approved by the Planning Commission and the date the final or record map is recorded by the County Recorder. (SCMC Section 13.04.500)
2.9 The applicant shall submit to the City Engineer, and the City Attorney's Office shall approve, reciprocal parking and access easements. The recording document shall specifically state the purposes of the easements to be the preservation of access and parking availability in accordance with City Ordinances and the State Subdivision Map Act.(SCMC Section 17.64)
2.10 The improvement plans shall clearly call out that all storm drain and sewer systems within the development are private systems and are privately maintained including that portion of the sewer system within the public right of way that connects to the sewer main within the Calle Cordillera. (SCMC Section 16.32.010)
2.11 The applicant shall submit, and the City Engineer shall approve, water and reclaimed water improvement plans, prepared by a registered civil engineer, which reflect consistency with the City's Water and Reclaimed Water Master Plans and standards. Said plan shall provide for the following:
A. Indicate a service system which provides, or allows for, independent water metering.
B. All water meters shall be tapped into the public water main Page6
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2.12 2.13
2.14 2.15
2.16 2.17
and be located in the public ROW.
C. A double detector check shall be installed at the transition from public to private for water systems.
D. All reclaimed service lines shall have meters at the public ROW.
(SCMC Section 16.32.010)
The applicant shall submit, and the City Engineer shall approve, wastewater improvement plans specific to the project, prepared by a registered civil engineer, which reflect consistency with the City's Sewer Master Plan and standards. (SCMC Section 16.32.101) The applicant shall submit, and the City Engineer and Utilities Director shall approve, plans prepared by a registered civil engineer at a scale of 1 "=200' that depict all existing and proposed water services, sewer laterals and mains (including gate valves, pressure reducing stations, reservoirs, lift stations, pressure zones, fire hydrants, manholes, pipe sizes, pipe types and any other related appurtenances).
(SCMC Section 16.32.202)
All improvement plans must be submitted (along with a plan check deposit in an amount determined by the City Engineer) for review and approval by the City Engineer. These plans include, but are not necessarily limited to, grading, improvements, water, sewer, storm drain, traffic signal, signing and striping, street lights and landscaping and irrigation plans. (SCMC Section 16.32.010) Unless otherwise approved by the City Engineer, the owner shall provide independent water meters and separate services for each unit in the common area. All water meters shall be located in the public right of way or as otherwise approved by the City Engineer. (SCMC Section 16.32.010)
Reports
The applicant shall submit, and the City Engineer shall approve, a soils and geologic report prepared by a registered geologist and/or geotechnical engineer which conforms to City standards and all other applicable codes, ordinances and regulations. (SCMC Section 16.12.050)
General
Subject to the approval of the City Engineer, quitclaims and dedications as proposed on the Tentative Tract Map are subject to minor revisions due to the final water line improvement alignment Page?
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and access easement locations. A blanket access easement on subdivision common area streets shall be dedicated to the City for ingress and egress access to its new water system improvements and to the off-site storm drain easement. An easement shall be dedicated to the City for access and use rights to the proposed private storm drain manhole(s) in the main drive aisle off of Calle Cordillera that connect to the City's existing off-site storm drain system on the property to the north. A public pedestrian access trail shall be included for dedication on the Final Map (SCMC Chapter 15.36).
2.18 The Tentative Tract Map proposes a full quitclaim of the existing storm drain, sewer and water line easements along the northern boundary. This results in the entire on-site sewer and drainage improvements being privately owned and maintained by the property owner(s). The existing sewer and storm drain utility improvements within these easements are proposed for quitclaim to the property owner(s) on an as-is conditional basis. As currently proposed, the quitclaim of these easements leads to limited accessibility.for the City to access the off-site storm drain system which this development drains to within the adjacent property to the north. Prior to Final Map approval, the developer and the City Engineer will resolve this issue to the satisfaction of the City Engineer through additional Final Map conditions of approval which may include slight modifications to the improvement plans to allow the City permanent easement access rights to the two immediate upstream storm drain manholes, elimination of the first on-site storm drain manhole, and/or creation of vehicle access to the first manhole. (SCMC Chapter 15.36).
3.0 PRIOR TO ISSUANCE OF GRADING PERMITS
3.1 The working drawings shall include within the first four pages a list of all conditions of approval included in this resolution.
3.2 The City Engineer shall determine that development of the site shall. conform to general recommendations presented in the geotechnical studies, including specifications for site preparation, landslide treatment, treatment of cut and fill, slope stability, soils engineering, and surface and subsurface drainage, and
recommendations for further study. (SCMC Chapter 15.36)
3.3 The applicant shall submit, and the City Engineer shall approve, a precise grading plan as required by the City Grading Manual and Ordinance. (SCMC Chapter 15.36)
Abandonments
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Exhibit A
3.4 The applicant shall submit to the City Engineer a copy of the recorded abandonment from the County of Orange, as well as evidence of recordation of any easements required as a condition of this abandonment. (SCMC Section 12.20.010)
Addressing and Street Names
3.5 The applicant shall submit, and must obtain approval from the City Planner, a plan depicting all street names and addresses for all of the buildings and facilities within the project.
Financial Security
3.6 The applicant shall provide separate improvement surety, bonds, or irrevocable letters of credit, as determined by the City Engineer, for 100% of each estimated improvement cost, as prepared by a registered civil engineer as approved by City Engineer, for the following applicable items: grading improvements; frontage improvements; sidewalks; sewer lines; water lines; onsite storm drains; and erosion control. In addition, the owner shall provide separate labor and material surety for 100% of the above estimated improvement costs, as determined by the City Engineer or designee. (SCMC Chapter 15.36)
Improvements
3.7 The applicant shall submit, and the City Engineer shall approve, frontage improvement plans. The applicant shall be responsible for the construction of all required frontage improvements as approved by the City Engineer including but not limited to the following:
A. Sidewalk, including construction of compliant sidewalk around drive approach or other obstructions to meet current City standards (2% cross fall) when adequate right-of-way exists. Since the street right-of-way is approximately 8_ feet behind the curbface, a sidewalk easement is/is not anticipated to be required to be granted to the City. Said sidewalk easement shall be submitted to, and approved by, the City Engineer.
B. Contractor shall replace any damaged street improvements resulting from construction activities to the satisfaction of the City Inspector.
(SCMC Chapter 15.36 and Sections 12.08.010, and 12.24.050) NPDES
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Exhibit A
3.8 The applicant shall demonstrate to the satisfaction of the City Engineer or designee that the project meets all requirements of the San Diego Regional Water Quality Control Board National Pollutant Discharge Elimination System (NPDES) Municipal Separate Strom Sewer Permit, and Federal, State, County and City guidelines and regulations, in order to control pollutant run-off. (SCMC Chapter 13.40)
3.9 The applicant shall demonstrate to the satisfaction of the City Engineer that the required NPDES permits have been obtained. (SCMC Chapter 13.40)
3.10 The applicant shall submit, and must obtain approval from the City Engineer, a project binder containing the following documents:
A. If the project is greater than 1 acre, a Notice of Intent (NOi) for coverage under the General Construction Storm Water Permit must be filed with the State Water Resources Control Board (refer to
https://www.waterboards.ca.gov/water_issues/programs/st ormwater/construction.html) and a copy of the NOi, a WDID number and a copy of the Storm Water Pollution Prevention Plan (SWPPP) must be filed with the City;
B. If the site is determined to be a "Priority Project" (as defined by the San Diego Regional Water Quality Control Board
Municipal Separate Storm Sewer Systems Permit - refer to the following web address at
https://www.waterboards.ca.gov/sandiego/water_issues/pr ograms/stormwater/), a final Water Quality Management
Plan (WQMP) must be recorded with the Orange County
Recorder's Office and filed with the City; and
C. A Final WQMP that addresses to the satisfaction of the City Engineer that the uncompleted aspects of the Preliminary WQMP, including but not limited, to remaining corrections for additional analysis of infiltration testing and
documentation. (SCMC Chapter 13.40, 15.36).
General
3.11 Unless approved otherwise by the City Engineer, private improvements to be constructed within City easements shall be subject to approval of an Administrative Encroachment
Permit/Agreement that limits improvements to asphalt, sidewalk, curb, gutter, and low-lying landscaping not to exceed 36 inches in height. Improvements such as decorative pavers are subject to conditional approval of the City Engineer and may require additional requirements such as sleeving of the City utility
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Exhibit A
improvements. (SCMC Chapter 12.20).
3.12 Unless approved otherwise by the City Engineer, the developer shall provide evidence of consent from any easement holders for development within easement areas. (SCMC Chapter 15.36).
3.13 Unless approved otherwise by the City Engineer, the developer shall acknowledge in writing that the development is subject to all State water quality and storm drain discharge permit regulations.
This may include, but is not limited to, elimination of discharges such as subdrain and other non-storm related discharge. Project designs revisions may be required for compliance with such applicable regulations. (SCMC Chapter 15.36).
3.14 Landscape Plans shall be approved by the Utility Department.
Unless approved otherwise by the City Engineer, no trees shall be planted within City easements or within 10 feet of City utilities. All landscape irrigation systems shall be designed using the City's reclaimed water standards. In the event reclaimed water is not available at the time the system is put into operation, the system may be connected to the potable water system. When reclaimed water is available, the system shall be converted to reclaimed service. The owner or designee shall install reclaimed water service lines to the meter locations for future connection when reclaimed water is available. (SCMC Chapter 17.68).
4.0 PRIOR TO ISSUANCE OF BUILDING PERMITS
4.1 The working drawings shall include within the first four pages a list of all conditions of approval included in this resolution.
Landscape Plans
4.2 The applicant shall submit, and must obtain approval from the City's Consulting Landscape Architect, a detailed landscape and irrigation plan incorporating drought tolerant plants, prepared by a registered landscape architect, and in compliance with all pertinent requirements. (SCMC Section 17.68.020)
4.3 The following standards shall apply for all landscape plans specific to parkways, unless otherwise approved for private residential streets:
A. All landscape irrigation systems shall be designed using the City's reclaimed water standards. In the event
reclaimed water is not available at the time the system is put into operation, the system may be connected to
the potable water system. When reclaimed water is
available, the system shall be converted to reclaimed
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NPDES
service. The owner or designee shall install reclaimed
water service lines to the meter locations for future
connection when reclaimed water is available.
4.4 The applicant shall demonstrate to the satisfaction of the City Engineer or designee that the project meets all requirements of the San Diego Regional Water Quality Control Board National Pollutant Discharge Elimination System (NPDES) Municipal Separate Strom Sewer Permit, and Federal, State, County and City guidelines and regulations, in order to control pollutant run-off. (SCMC Chapter 13.40)
Utilities
4.5 If the project pertains to a Food Service Establishment (FSE), the applicant shall submit, and the City Utilities Director shall approve, plans depicting the Fats, Oils, and Greases (FOG) controls, with the plans and design approved by the Orange County Health Care Agency.
4.6 The applicant shall submit, and the City Engineer shall approve, plans depicting the installation of an approved double-detector check backflow assembly on any/all fire lines above ground and as near to the point of connection to the potable water system as practical, given functional and aesthetic considerations. An isolation valve shall be installed on any/all fire lines at the point of connection to the water main. (SCMC Section 13.04.350)
4.7 The applicant shall submit, and the City Engineer shall approve, plans depicting the installation of an approved reduced pressure principal backflow assembly on any/all potable water systems, and any/all irrigation systems, above ground, directly after each water meter as practical, and at a minimum height of 12" from the bottom of each assembly to ground level. (SCMC Section 13.04.350) General
4.8 The applicant, or designee, shall submit to and obtain approval from the City Planner, or designee, a landscape plan showing the location and type of trees to be planted on the adjacent open space lot to the north of the project, in the event ownership of said adjacent open space lot authorizes the applicant, or designee, to plant trees on said adjacent open space lot.
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Exhibit A
4.9 The applicant, or designee, shall submit to and obtain approval from the Building Division and Planning Division, a photometric plan prior to issuance of a Building Permit.
4.10 The applicant, or designee, shall submit construction drawings in compliance with Trip Reduction and Travel Demand Management standards. Construction drawings shall include, but not limited to, the following items:
a. Applicant shall provide 22 parking spaces designated for carpool vehicles and 4 spaces shall be designated for
vanpool vehicles;
b. Applicant shall provide bicycle parking consistent with the California Building Code;
c. The applicant shall provide 1 "All Gender" shower facility; d. A commuter information area shall be provided that offers employees appropriate information on available
transportation alternatives to the single-occupancy vehicle.
This area shall be centrally located and accessible to all employees or tenants. A notice informing employees of this commuter information center shall be posted in each
building that is larger than 25,000 gross square feet.
5.0 PRIOR TO FINAL INSPECTION
Engineering
5.1 Prior to acceptance of improvements by the City Engineer, the owner shall submit "as-built" plans prepared by a registered civil engineer for streets, traffic signals, street lights, sewer, water, storm drains, street signs, striping, traffic markings, painted curbs and all other required improvements. (SCMC Chapter 16.28)
5.2 The applicant shall demonstrate to the satisfaction of the City Engineer and City Maintenance Manager that all street
improvements have been completed and accepted and that any damage to new or existing street right-of-way during construction has been repaired/replaced. (SCMC Title 12)
Landscaping
5.3 The applicant shall submit, and the City Planner shall approve, a letter from a registered landscape architect confirming that landscaping and irrigation have been installed in accordance with the approved plans.
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Lighting
5.4 The applicant shall submit, and the City Planner shall approve, a Planning letter from the preparer of the lighting plans confirming that all lighting has been installed in accordance with the approved plans, and that the lighting conforms to all standards set forth in the Municipal Code.
Surveys
5.5 Prior to approval to pour foundations, the applicant shall submit, Planning and the City Planner and Building Official shall approve, a survey Building prepared by a registered civil engineer that is licensed to do surveying or a land surveyor confirming that the building foundations conform to the required setbacks as set forth on the approved plans.
5.6 Prior to approval of the framing inspection, the applicant shall Planning submit, and the City Planner and Building Official shall approve, a Building survey prepared by a registered civil engineer that is licensed to do surveying or a land surveyor confirming that the height of all structures conforms to the dimensions set forth on the approved plans.
Signage
5.7 Prior to approval of any sign, the applicant, or designee, shall Planning submit to and obtain approval from the City Planner, or designee, ** an updated Master Sign Program, which shall include that each tenant shall be limited to 64 square feet of signage and no individual sign shall exceed 64 square feet
General
5.8 A copy of the recorded Water Quality Management Plan (WQMP) Public shall be supplied to the City .. (SCMC Chapter 15.36). Works **
5.9 Prior to final inspection and/or Certificate of Occupancy, the Public parcels shall be formally merged or approved for a Tract Map to Works the satisfaction of the City Building Official, City Planner, and City ** Engineer. (SCMC Chapter 15.36).
6.0 PRIOR TO RELEASE OF FINANCIAL SECURITY
6.1 All catch basins and/or storm drain inlets shall be stenciled/marked Utilities on either the top of the curb or the curb face adjacent to the inlet "NO DUMPING - DRAINS TO OCEAN." All catch basins shall
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have filter basket inserts that capture litter and debris down to 5 mm in size. (SCMC Chapter 13.34)
6.2 Unless approved otherwise by the City Engineer, the applicant shall submit, and must obtain approval from the City Engineer, a video, filmed in the presence of a representative of the Public Works Department, of all sewer and drainage improvements. The video shall become the property of the City. (SCMC Chapter 13.30)
6.3 The applicant shall demonstrate to the satisfaction of the City Engineer that all survey monuments damaged or destroyed are restored. "Corner Records" shall be prepared for submission to the City Engineering Division and for filing with the County Surveyor's Office in compliance with AB 1414. All restorations of survey monuments shall be certified by the Registered Civil Engineer or Land Surveyor in accordance with Section 8771 of the Business and Professions Code. (SCMC Title 16)
6.4 The applicant shall provide a warranty bond in an amount of 25% of the faithful performance bond for each improvement accepted by the City. This warranty bond shall remain in place for one year from the date of acceptance of the improvement. (SCMC Section
16.32.020)
6.5 The waste debris enclosure shall be of appropriate size to accommodate bins for recyclable materials, organic waste (food and landscape trimmings) and trash. For residential projects, all waste bins must be substantially hidden from view from any public street or alley. (SCMC Chapter 8.28)
6.6 All water and sewer systems, e.g. pump stations, generators, reservoirs, PRV's, etc., shall be fully tested, in the presence of a representative of the Utilities Department, to verify system performance in accordance with design specifications. (SCMC Section 13.24.120)
7.0 OPERATIONAL CONDITIONS OF APPROVAL
Business License
7.1 A City Discharge Permit must be obtained prior to issuance of a business license or any discharge to the City sanitary sewer
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system. (SCMC Chapter 13.24)
7.2 If the project pertains to commercial, industrial or manufacturing Utilities use that may discharge high-strength commercial sewage to the City sanitary sewage system, with between five hundred one (501) and nine hundred (900) milligrams of BOD per liter, the applicant shall submit, and the Utilities Manager shall approve, plans that have been approved by the South Orange County Wastewater Authority (SOCWA) Pretreatment Inspector. Upon approval of design a City Discharge Permit must be obtained prior to issuance of a business license or any discharge to the City sanitary sewer system. (SCMC Chapter 13.24)
Commercial Recreation
7.3 All commercial recreation activities are to occur indoors. Doors Code and windows shall remain closed at all times that indoor amplified Comp sound is being played during the operating hours of the commercial recreation use.
7.4 The commercial recreation use shall operate within Building 1, as Planning shown on plans approved by the Planning Commission, unless the •• City Planner approves the operation of the commercial recreation use within another building.
7.5 The commercial recreation use shall operate in a manner that does Planning not require more than 76 parking spaces. ••
7.6 Drop-off/pick-up zones are not allowed unless an amendment to Planning the project is approved by the City Engineer and Planning •• Commission.
7.7 Commercial recreation classes shall be staggered by a minimum Planning of ten minutes in between the end and start of each class, and all •• schedules on business flyers and social media platforms shall reflect the ten-minute gap.
General
7.8 The property manager shall be responsible for maintaining and Planning providing to the Planning Division an updated parking table that •• tracks the amount of parking spaces available as suites are occupied.
7.9 All customers shall park in a designated parking space and walk to Planning their destination. ••
7 .1 O If the City Engineer determines, that the development's parking and Public 1524
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traffic are negatively affecting the project site, adjacent properties, or the surrounding street network, the applicant shall submit an amendment to Development Permit 25-224, Conditional Use Permit 25-223, Discretionary Sign Permit 25-263, and Tentative Tract Map 25-225 with a plan to address the parking and/or traffic issues, pursuant to Zoning Ordinance Section 17.12.180.
7 .11 In the event that vehicle stacking or other issues cause circulation and/or queueing/crowding onto the public streets, then the business owner will be required to meet with City staff and propose solutions for implementation including, but not limited to, increasing the number of staff, modifications to the parking management plan and operations, business model modifications, etc. As part of this condition, there shall be no staging or activities within the street and sidewalk right of way (SCMC Chapter 12.20).
7.12 No gates or vehicle prohibitive devices are allowed at the main entrances or across City easements unless specifically approved by the City Planner and City Engineer.
7.13 The Applicant (including any property owners and managers, and their designees) shall ensure that discharge of washwater and other pollutants are prohibited from entering the storm drain system. Applicant must prevent pollutants (e.g. sediment, trash, food waste etc.) and any washwater used during cleanup from entering the storm drain system (SCMC Chapter 15.36).
7.14 All landscaping and trees shall be maintained by the property owner. This includes any landscaping and trees within the public right of way or considered "street trees" (SCMC Chapter 15.36).
7.15 If the City Engineer determines that the project's sewer system causes unacceptable odors to sewer manholes either private or publicly owned, the property owner(s) shall be required to install odor filtration/capture devices within each manhole as determined by the City Engineer. Unless approved otherwise by the City Engineer, these devices shall be maintained by the property owner (SCMC Chapter 15.36).
7.17 *
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Storm Drain Markers
The storm drain markers required pursuant to Condition 6.1 shall be maintained in good condition by the applicant.
Denotes a modified Standard Condition of Approval
Denotes a project-specific Condition of Approval
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MINUTES OF THE REGULAR MEETING
OF THE CITY OF SAN CLEMENTE
PLANNING COMMISSION
August 20, 2025 @ 6:00 p.m.
San Clemente City Hall Council Chamber
910 Calle Negocio, San Clemente, CA 92673
Teleconference via www.san-clemente.org
1. CALL TO ORDER
Vice Chair Camp called the Regular Meeting of the Planning Commission of the City of San Clemente to order at 6:04 p.m. The meeting was offered in person at San Clemente City Hall Council Chambers, 910 Calle Negocio, San Clemente, California, 92673, and also via live stream from the City’s YouTube Channel.
2. PLEDGE OF ALLEGIANCE
Commissioner McCaughan led the Pledge of Allegiance.
3. ROLL CALL
Commissioners Present: Gary P. McCaughan, M.D., Scott McKhann; Karen PrescottLoeffler; Brett Freeman; Patrick Griffin; Vice Chair M. Steven Camp; Chair Cameron Cosgrove (arrived at 8:15 p.m.)
Commissioners Absent: None
Staff Present: Jonathan Lightfoot, City Planner
David Carrillo, Associate Planner
John Ciampa, Contract Planner
Zachary Ponsen, Assistant City Engineer
Ryan Kim, Senior Civil Engineer
Gena Burns, Deputy City Attorney
Tamara Tatich, Recording Secretary
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.
4. SPECIAL ORDER OF BUSINESS/SPECIAL PRESENTATION
None.
5. MINUTES
A. Receive and file Minutes from Study Session of the Planning Commission Meeting of August 6, 2025.
Attachment 3
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IT WAS MOVED BY COMMISSIONER GRIFFIN, SECONDED BY CHAIR PRO TEM MCKHANN, AND CARRIED 5-0-1, COMMISSIONER MCCAUGHAN ABSTAINED,
CHAIR COSGROVE ABSENT, TO RECEIVE AND FILE THE MINUTES FROM THE STUDY SESSION OF THE PLANNING COMMISSION OF AUGUST 6, 2025.
B. Receive and file Minutes from Planning Commission Regular Meeting of August 6, 2025.
IT WAS MOVED BY CHAIR PRO TEM MCKHANN, SECONDED BY COMMISSIONER PRESCOTT-LOEFFLER, AND CARRIED 5-0-1, COMMISSIONER MCCAUGHAN
ABSTAINED, CHAIR COSGROVE ABSENT, TO RECEIVE AND FILE THE MINUTES FROM THE REGULAR MEETING OF AUGUST 6, 2025.
6. ORAL AND WRITTEN COMMUNICATION
None.
7. CONSENT CALENDAR
None.
REORGANIZATION OF AGENDA
IT WAS MOVED BY COMMISSIONER PRESCOTT-LOEFFLER, SECONDED BY CHAIR PRO TEM MCKHANN, AND CARRIED 6-0, CHAIR COSGROVE ABSENT, TO CONSIDER NEW BUSINESS ITEMS 9A AND 9B PRIOR TO THE PUBLIC HEARING ITEMS 8A AND 8B ON THE AGENDA. PLEASE REFERENCE PAGE 8-9 OF THESE MINUTES FOR THE NEW BUSINESS ITEMS SUMMARY OF ACTION.
8. PUBLIC HEARINGS
A. Public Hearing Project (PHP) 25-323, Hanson Hotel, 1801 N. El Camino Real A request for Planning Commission to consider a Development Permit (DP) 25-324 for the development of a three-story, 61 room hotel, with a third-floor rooftop restaurant and bar, two cafes, pool with a bar and restaurant, and a two-level subterranean parking structure with site improvements including walls, hardscape, landscaping, pedestrian improvements, and improvements in the City right-of-way.
A Conditional Use Permit (CUP) 25-329 is requested for the hotel use, outdoor seating for the restaurants and cafes, amplified music, and full range alcohol service (Type 47 License) on a vacant lot at 1801 N. El Camino Real.
The Planning Commission will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15332 (Class 32: Infill Development Projects).
1527
Minutes of Regular Planning Commission Meeting of August 20, 2025 Page 3 Vice Chair Camp opened the public hearing and asked the commissioners of any ex parte communications. Vice Chair Camp, Chair Pro Tem McKhann, and commissioners Freeman, McCaughan and Prescott-Loeffler drove by or visited and are familiar with the site. Commissioner Freeman took photos.
Contract Planner John Ciampa summarized a staff report titled, “Hanson Hotel, DP25-324 & CUP25-329,” that is available by contacting the Planning Division, that included an overview; brief history; Design Review Subcommittee recommendations; feedback from the California Coastal Commission; and hotel features that cited 61 hotel rooms with 25% affordable, a rooftop restaurant and bar with alcohol service that required a CUP, two cafes, amplified music for ambiance included in the CUP with hours of operation and an acoustical study, two subterranean parking levels with 104 spaces, Spanish Colonial Revival architecture with a sensitivity to massing and scale, compatibility with the adjacent North Beach Historic District parking garage configuration, hotel and restaurant parking ratio, and pedestrian access. The presentation included view simulations with landscaping as a gateway element along Avenida Pico and El Camino Real/Pacific Coast Highway.
Staff and Commissioner discussions included enforcement, management and auditing of the affordability component; logistics of the dumpsters; and garage security.
To respond to the Commissioners’ signage questions, the applicant and architect Jorden Seagraves confirmed that the signage will be submitted at a later date.
Mr. Seagraves gave a brief applicant’s presentation that included Marblehead Coastal was a focus on the acoustic study and discussions with CR&R with respect to the trash service. The Commissioners also confirmed with Mr. Seagraves that 26 decibels (A-weighted) is described as “faint” or “very, very low.” Conceptual signage and proposed public art at the front of the garden was described by Mr.
Seagraves.
Public Comment:
Francis Engler, representative of the UniteHERE Hotel Workers Union expressed opposition for environmental concerns, and questioned the adequacy of the biological assessment and CEQA review.
City Planner Jonathan Lightfoot responded to the public comments citing the two categorical exemptions referenced in the staff report and resolution. The Class 32 CEQA infill exemption is supported by the findings of the biological and traffic studies; and city staff relies on consultants for these studies. The consultants did not identify a species of concern within their biological report.
Vice Chair Camp closed the public hearing and expressed excitement for the proposed gateway opportunity, and recalled the compelling improvements made over the three years as the project concept evolved.
1528
Minutes of Regular Planning Commission Meeting of August 20, 2025 Page 4 Commissioners thanked staff, the DRSC and the applicants; and stated that the project meets the design standards, Coastal Land Use Plan policies, is sensitive to neighbors, compliments the historic district, addressed all environmental issues; and the Findings can be met including relying on the two CEQA exemptions.
IT WAS MOVED BY CHAIR PRO TEM MCKHANN, SECONDED BY COMMISSIONER, PRESCOTT-LOEFFLER, AND CARRIED 6-0, CHAIR COSGROVE ABSENT, TO
DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM CEQA AND ADOPT RESOLUTION PC25-013 APPROVING DISCRETIONARY PERMIT 25-324 AND CONDITIONAL USE PERMIT 25-329, HANSON HOTEL, SUBJECT TO THE CONDITOINS OF APPROVAL.
IT WAS REQUESTED BY VICE CHAIR CAMP TO RECESS AT 8:01.
Chair Cosgrove arrived at 8:15 p.m. and the meeting reconvened at 8:21 p.m. with all Planner Commissions Present.
B. Public Hearing Project (PHP) 25-214, Luminar Business Park, 1000 Calle Cordillera
A request for the Planning Commission to consider a Tentative Tract Map (TMP) 25-225, Development Permit (DP) 25-224, Conditional Use Permit (CUP) 25-223 and Discretionary Sign Permit (DSP) 25-263 to develop a new light industrial business park complex with eleven new buildings on vacant land, in conjunction with a Master Sign Program, and a Tentative Tract Map for a land and condominium subdivision, to allow for individual ownership of each building and/or each industrial suite. A 30-foot easement for public access, public utility, and storm drain purposes will be partially abandoned.
The Planning Commission will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15162 (Subsequent review of Environmental Impact Report and Negative Declarations) and §15183 (Projects Consistent with a Community Plan or Zoning).
Chair Cosgrove asked the commissioners of any ex parte communications. Vice Chair Camp disclosed a meeting with the landscape architect and the DRSC process, and Chair Pro Tem McKhann stated he visited and is familiar with the site.
Chair Cosgrove opened the public hearing.
Associate Planner David Carrillo summarized a staff report titled, “Luminar Business Park, DP25-224/CUP25-223/TTM25-225,” that is available by contacting the Planning Division. The report for a new industrial complex in the Rancho San Clemente Specific Plan consisting of eleven buildings and 487 parking spaces included zoning, land use, the site plan, tentative tract map details for a land and condominium subdivision, design and architecture, the master sign program, a 1529
Minutes of Regular Planning Commission Meeting of August 20, 2025 Page 5 drought tolerant landscape plan, and noted that the project is consistent and in compliance with policies and standards.
Three custom Conditions of Approval were highlighted:
• 4.10: Ensures Trip Reduction and Travel Demand Management requirements are applied
• 5.7: Submit an updated Master Sign Program prior to approval of individual signs
• 7.8: Property manager to maintain an updated parking table to ensure parking compliance.
An errata of corrections to the published staff report and resolution was handed to the Commissioners:
• “Rancho San Clemente Business Park Association” should read “Amanecer Maintenance District HOA” on the last paragraph of page 7 in the staff report; and
• Remove references to fuel modification zones in CoA 2.5 in the Resolution.
The Applicant requested a modification to CoA 1.6 to extend the expiration timeframe from 3 years to 4-6 years. Staff supports this request.
The Commission requested the staff’s position on other changes requested by the applicant (identified below), and stated staff is not supportive of the applicant’s request for 74 sq. ft. on individual tenant signs. Staff addressed the Commission’s question that CC&Rs that will be written if a subdivision is approved.
Applicant Rick Lutzky gave a virtual presentation via Zoom providing some history and the owner’s vision for the property and the unique features of the project before introducing Paul Allen, architect for Ware Malcomb. Mr. Allen gave a presentation that highlighted the inspiration of coastline, hillside and natural woodlands along the hillside, the building's facade has been carefully considered in terms of tones and colors sympathetic to the region of San Clemente. The design was inspired by the Fibonacci sequence as an ordering principle for the building facade. There are four distinct designs applied to the eleven buildings across the site to introduce variety. The presentation concluded with images of the facade, including a corner view of the amenity and a typical elevation.
Chair Cosgrove requested Mr. Lutzky to concisely address the requests for the Condition Amendments:
• Condition 1.6: Requesting an extension of the time period from 3 years to 6 years to account for market uncertainties.
• Condition 2.5(E): Requesting to work with staff to identify specific portions of the CC&Rs that require city approval, limiting approval rights to those sections. • Condition 3.14: Requesting a carve-out from the blanket easement to allow planting trees in common areas.
• Condition 4.10: Proposing to use option “B” for the traffic demand management program, including carpool/vanpool spaces, bicycle storage, an all-gender shower, and a transformation center.
1530
Minutes of Regular Planning Commission Meeting of August 20, 2025 Page 6 • Condition 7.3: Requesting that commercial recreation uses be allowed to keep doors open for air circulation.
Public Comment
Rob Johnston, commercial realtor stated that his firm has been selected as the exclusive marketing team for the Luminar Business Park, highlighted the facilities and benefit in expressing his support for the project.
Chair Cosgrove asked for staff’s response to the Applicant’s Condition requests, as follows:
• Condition 1.6: Staff is supportive of the extension.
• Condition 2.5(E): Staff supports refining which portions of the CC&Rs need updating.
• Condition 3.14: Staff has no problem revising the Condition to eliminate the clause that prohibits trees in the common area.
• Condition 4.10: Staff generally concurs, except for subpoint “D,” where alternative “A.3.a” should be used for consistency with Zoning Ordinance Section 17.76.040.
• Condition 7.3: Staff recommends being more precise in the language to allow doors to be open for air circulation unless amplified entertainment is being used.
The Commission inquired about the shared parking and the parking process for the commercial recreation use; questioned whether business owners are able to live onsite, and staff clarified that residential uses are not proposed and any violations would be addressed by Code Compliance; clarified that the development plan is a long-term hold and rent units out; clarified color palette for the buildings, the basic color of the building is “sea salt,” a light gray-blue; there are no limits on operating hours; noise ordinance governs noise levels; sign size is in compliance; EIR is based on a 1983 EIR for the Rancho San Clemente Specific Plan; the project is subject to the Regional Circulation Financing Program (RCFP) impact fee for traffic, of which they are mitigating.
Chair Cosgrove closed the public hearing.
Commissioners discussed the modifications for the Conditions of Approval and best method to facilitate those changes to enable adopting a Resolution. The Commission made the required Findings regarding the Development Permit, Zoning, Conditional Use Permit, Discretionary Sign Permit, and Tentative Tract Map. The Findings include consistency with the General Plan, Compliance with Zoning Regulations and City Design Guidelines, and no detriment to health, safety, and welfare. The Commission made the necessary Findings, with specific considerations for signage (subject to the 64 sq ft limit).
The Commission provided staff with the following modifications to the Conditions of Approval to be presented to the City Council as a recommendation by the Planning Commission:
1531
Minutes of Regular Planning Commission Meeting of August 20, 2025 Page 7 • Condition 1.6: Revise to allow a 6-year time frame instead of 3-years. • Condition 2.5: Leave as is, and applicant can make their request for changes to the CC&R’s to the City Council.
• Condition 3.14: No changes needed; leave as drafted.
• Condition 4.10: Alternative “A.3.a” from Zoning Ordinance Section 17.76.040 should be used for consistency with code.
• Condition 7.3: All commercial recreation activities are to occur indoors, with doors and windows closed during amplified sound.
• Augment Condition 5.7: Add language limiting each tenant to 64 square feet of signage, with no individual sign exceeding 64 feet.
IT WAS MOVED BY CHAIR COSGROVE, SECONDED BY CHAIR PRO TEM MCKHANN, AND CARRIED 7-0, TO DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM CEQA PER GUIDELINES §15162 AND §15183, AND ADOPT RESOLUTION PC25-012 012 RECOMMENDING THAT THE CITY COUNCIL APPROVE DEVELOPMENT PERMIT 25-224, CONDITIONAL USE PERMIT 25-223, DISCRETIONARY SIGN PERMIT 25-263, AND TENTATIVE TRACT MAP 25-225 FOR
LUMINAR BUSINESS PARK, SUBJECT TO THE ATTACHED CONDITIONS OF APPROVAL WITH MODIFICATIONS TO FOLLOW:
• CONDITION 1.6: REVISE TO ALLOW A 6-YEAR TIME FRAME INSTEAD OF 3- YEARS.
• CONDITION 2.5: LEAVE AS IS, AND APPLICANT CAN MAKE THEIR REQUEST FOR CHANGES TO THE CC&R’S TO THE CITY COUNCIL.
• CONDITION 3.14: NO CHANGES NEEDED.
• CONDITION 4.10:
O A: MODIFY LANGUAGE TO STATE APPLICANT SHALL PROVIDE 22 PARKING SPACES FOR CARPOOL VEHICLES AND 4 SPACES FOR
VANPOOL VEHICLES.
O B: APPLICANT SHALL PROVIDE BICYCLE PARKING CONSISTENT WITH THE CALIFORNIA GREEN BUILDING CODE SECTION 51064,
REQUIRING APPROXIMATELY 22 SHORT-TERM AND 22 LONG-TERM
BICYCLE PARKING SPACES.
O C: THE APPLICANT SHALL PROVIDE ONE ALL-GENDER SHOWER
FACILITY.
O D: A COMMUTER INFORMATION AREA SHALL BE PROVIDED,
OFFERING EMPLOYEES INFORMATION ON TRANSPORTATION
ALTERNATIVES.
• CONDITION 7.3: ALL COMMERCIAL RECREATION ACTIVITIES ARE TO
OCCUR INDOORS, WITH DOORS AND WINDOWS CLOSED DURING
AMPLIFIED SOUND.
• AUGMENT CONDITION 5.7: ADD LANGUAGE LIMITING EACH TENANT TO 64 SQUARE FEET OF SIGNAGE, WITH NO INDIVIDUAL SIGN EXCEEDING 64 FEET.
9. NEW BUSINESS
1532
Minutes of Regular Planning Commission Meeting of August 20, 2025 Page 8 A. Modification of Red Curb at 2470 South Ola Vista
Assistant City Engineer Zachary Ponsen and Senior Civil Engineer Ryan Kim summarized a staff report titled, “Red Curb Modification at 2470 South Ola Vista,” that is available by contacting the Planning Division. The request made by the property owner is unique in that red curbs are not for private drive approaches; however, the street is a local collector with speeds close to 30 mph, the street is a statewide bike route, and the street curve is over 90 degrees making it difficult for the residents to exit driveway due to limited backup distance and obstructed view of bike lane. Staff is requesting the Planning Commission to find the project exempt to CEQA and to approve a recommendation to proceed to City Council for approval.
Vice Chair Camp opened the public hearing and asked the commissioners of any ex parte communications. Commissioners Freeman and Prescott-Loeffler both visited the site and took photos.
Commissioner discussions included how many parking spaces would be impacted, setting precedent, history of the existing bus stop with red curbing and public safety.
IT WAS MOVED BY CHAIR PRO TEM MCKHANN, SECONDED BY COMMISSIONER GRIFFIN, AND CARRIED 5-1, COMMISSIONER FREEMAN OPPOSED, CHAIR
COSGROVE ABSENT, TO FORWARD A RECOMMENDATION TO THE CITY COUNCIL
TO DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM CEQA UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR §15301.K), AND TO APPROVE THE FOLLOWING IMPROVEMENTS AT 2470 SOUTH OLA VISTA:
1. INSTALL A 64-FOOT RED CURB ALONG THE WEST SIDE OF THE DRIVEWAY AT 2470 SOUTH OLA VISTA.
2. REMOVE THE EXISTING PARKING STALL MARKINGS WITHIN THE PROPOSED RED CURB AREA ON THE WEST SIDE OF THE DRIVEWAY.
3. REMOVE THE EXISTING 82-FOOT RED CURB LOCATED ON THE EAST SIDE OF THE DRIVEWAY AT 2470 SOUTH OLA VISTA.
4. INSTALL PARKING STALL MARKINGS TO ACCOMMODATE THE PROPOSED PARKING SPACES ON THE EAST SIDE OF THE DRIVEWAY.
B. Red Curb Installation at the Calle De Soto and Calle Nina Intersection Assistant City Engineer Zachary Ponsen and Senior Civil Engineer Ryan Kim summarized a staff report titled, “Installation of Red Curb Modification at on Calle De Soto,” that is available by contacting the Planning Division. A complaint from a resident on Calle Nina stating large trucks parking near the intersection of Calle De Soto and impacted line of sight to turn safely.
A summary of Staff’s analysis highlighted the streets are residential with some cutthrough traffic on Calle De Soto from Avenida Salvador; no accidents have been reported in the area; residents on the inside of the turn are not requesting red curbs; 1533
Minutes of Regular Planning Commission Meeting of August 20, 2025 Page 9 centerline striping exists, and the red parking aligns with it; this is a narrow street, with a centerline; the center line was added a few years ago to guide people on what side of the street to be at on at that intersection.
Staff received six emails in opposition of installing red curbs stating a significant loss of parking, only about 35 feet of the 70-foot area can theoretically be used for parking, a compromise could be to narrow the red curb to 20 feet, which would eliminate one parking space, complaints also mentioned commercial cars parking in the area, fear that moving cars will shift parking problems to in front of their houses or driveways.
Vice Chair Camp opened the public hearing and asked the commissioners of any ex parte communications. Commissioners Freeman and Prescott-Loeffler both visited the site and took photos.
Commissioners’ discussions with staff identified that parking is allowed on both sides of Calle De Soto, and along the green belt area except for where a fire hydrant is located; parking is not allowed past a stop sign on a radius; that a new California Law prohibits parking within 20 feet of an intersection, and that the law was intended for pedestrians rather than line of sight cars; and cars are being parked close to the intersection.
Public Comments:
Marie Denison, resident on Calle De Soto spoke in opposition of red curbing and that the neighbors stated no issues as suggested by the six letters of opposition submitted to the Commissioners.
A summary of the Commissioner’s discussions included parking enforcement; and projected impacts of red curbing on parking, liability and ambiguous new law led the Commission to not unanimously support the red curbing.
Deputy Attorney Gena Burns suggested denying the recommendation, allowing the City Council to review the Minutes and agendize the item if desired.
IT WAS MOVED BY CHAIR PRO TEM MCKHANN, SECONDED BY COMMISSIONER FREEMAN, AND CARRIED 6-0, CHAIR COSGROVE ABSENT, TO DENY THE REQUEST AND NOT RECOMMEND THE RED CURB TO THE CITY COUNCIL.
10. OLD BUSINESS
None.
11. REPORTS OF COMMISSIONERS AND STAFF
A. Commissioner Reports
B. Tentative Future Agenda
1534
Minutes of Regular Planning Commission Meeting of August 20, 2025 Page 10 City Planner Lightfoot announced that the next meeting may be cancelled due to the Labor Day holiday.
12. ADJOURNMENT
THERE BEING NO OTHER BUSINESS BEFORE THE COMMISSION, IT WAS MOVED BY CHAIR COSGROVE, SECONDED BY VICE CHAIR CAMP AND CARRIED 7-0, TO ADJOURN THE MEETING AT 10:14 P.M. TO THE REGULAR PLANNING COMMISSION MEETING TO BE HELD IN-PERSON ON SEPTEMBER 3, 2025, AT 6:00 P.M., AT THE SAN CLEMENTE CITY HALL COUNCIL CHAMBERS LOCATED AT 910 CALLE NEGOCIO, 2nd FLOOR, SAN CLEMENTE, CALIFORNIA.
Respectfully submitted,
Cameron Cosgrove, Chair
Attest:
Jonathan Lightfoot, Secretary of the Planning Commission 1535
MASTER SIGN PROGRAM JULY 18, 2025
Attachment 4
1536
SIGN MATRIX
SIGN TYPE
1 MONUMENT SIGN
TOTAL SIGN AREA ALLOWED BY CITY SIGN CODE, FOR OVERALL PROJECT
SIGN AREA PER SIGN TYPE SIGN CODE DEVIATION
TO EXCEED THE MAXIMUM ALLOWED SIGN AREA
FOR ALL BUILDINGS AND PROJECT SITE AS A WHOLE.
3,044 SQUARE FEET
BUILDING BUSINESS FACADE (FRONTAGE PER BUILDING) TOTAL ALLOWED SIGN AREA PER BUILDING* ONE
2 ENTRY PORTAL SIGNAGE
3 VEHICULAR DIRECTIONAL SIGN
QUANTITY SIGN AREA (PER SIGN)
-
4 BUILDING ADDRESS SIGN
5 TENANT CANOPY SIGN
6 TENANT ON-BUILDING SIGN
7 TENANT GRAPHIC AREA
UNIT IDENTIFICATION SIGN
TWO
NINE
TWO PER BUILDING (OR AS REQUIRED)
ONE SIGN PER UNIT ENTRY
MAXIMUM OF TWO SIGNS PER ELEVATION
MAXIMUM FOUR SIGNS PER BUILDING
ONE SIGN PER UNIT ENTRY
ONE SIGN PER UNIT ENTRY
180 SQUARE FEET
64 SQUARE FEET
12.5 SQUARE FEET
10 SQUARE FEET OR AS REQUIRED
25 SQUARE FEET MAX
75 SQUARE FEET MAX
9 SQUARE FEET TOTAL
8 5 SQUARE FEET TOTAL
LUMINAR BUSINESS PARK - MASTER SIGN PROGRAM PAGE 1
B1
B2
B3
B4
B5
B6
B7
B8
B9
B10
B11
266'
324'
168'
333'
331'
318'
456'
178'
247'
169'
254'
266 SQUARE FEET
324 SQUARE FEET
168 SQUARE FEET
333 SQUARE FEET
331 SQUARE FEET
318 SQUARE FEET
456 SQUARE FEET
178 SQUARE FEET
247 SQUARE FEET
169 SQUARE FEET
254 SQUARE FEET
*1 SQ.FT. OF SIGN ALLOWED FOR EACH LINEAL
FOOT OF ALL BUSINESS FAÇADE
REQUESTED BUILDING SIGNAGE = 5,407.5 SF
REQUESTED SITE SIGNAGE = 412.5 SF
TOTAL REQUESTED PROJECT SIGNAGE = 5,819.5 SF
1537
SITE SIGNAGE PLAN
LEGEND QTY.
KEY
SIGN TYPE 1.1 LOCATION
1 2
3 MONUMENT SIGN
ENTRY PORTAL SIGNAGE
VEHICULAR DIRECTIONAL SIGN
1 2
9 1.1
2.1 3.1
3.2 3.3
3.4 3.9
3.8 3.5
3.6 3.7
2.2 A
PLAN
NOT TO SCALE
LUMINAR BUSINESS PARK - MASTER SIGN PROGRAM PAGE 2
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MURAL WALL LOCATION
MURAL OPPORTUNITIES
PLAN
NOT TO SCALE
LUMINAR BUSINESS PARK - MASTER SIGN PROGRAM PAGE 4
*MAXIMUM (2) MURALS PER BUILDING
1539
SATIN PAINTED FABRICATED ALUMINUM
SIGN STRUCTURE WITH INTERNAL FRAMING
AND CONCRETE FOOTING BELOW GRADE
PER SIGN CONTRACTOR’S STRUCTURAL
ENGINEERING CALCULATIONS.
DESIGN NOTES
1 LUMINAR BUSINESS PARK - MASTER SIGN PROGRAM PAGE 5
SIGN TYPE 1 - MONUMENT SIGN
SIGNS TO BE ILLUMINATED WITH LOW PROFILE
LED LIGHT FIXTURES CONCEALED IN
LANDSCAPE AREA.
ILLUMINATION
SIGN TO BE INSTALLED IN LANDSCAPE AREA
ON PRIVATE PROPERTY AND SHALL BE SETBACK
A MINIMUM OF 10 FEET FROM PUBLIC STREET
CURB, 2 FEET FROM BACK OF SIDEWALK,
OUTSIDE ANY REQUIRED SITE DISTANCE
TRIANGLES, AND A MINIMUM OF 100 FEET
AWAY FROM ANOTHER GROUND SIGN.
LOCATION
1 QUANTITY
64 SQARE FEET
MAXIMUM SQUARE FOOTAGE
1-11 Via Farrona
ELEVATION VIEWS
SCALE: 3/8”=1’-0”
6'-0" MAX.
10'-8"
20" 5" 8"
FRONT VIEW END VIEW
1540
LUMINAR BUSINESS PARK - MASTER SIGN PROGRAM PAGE 6
END VIEW FRONT VIEW
SATIN PAINTED FABRICATED ALUMINUM
SYMBOL AND LTTERS PIN MOUNTED 1/4”
OFF WALL SURFACE WITH STAINLESS STEEL
HARDWARE PER SIGN CONTRACTOR’S
STRUCTURAL ENGINEERING CALCULATIONS.
DESIGN NOTES
2 SIGN TYPE 2 - ENTRY PORTAL SIGNAGE
LETTERS TO BE HALO-ILLUMINATED AND
SYMBOL TO INTERNALLY FACE ILLUMINATED
WITH LED LIGHTING.
ALTERNATE: LETTERING AND SYMBOL TO BE
SPOT ILLUMINATED WITH LOW PROFILE LED
LIGHT FIXTURES CONCEALED IN LANDSCAPE
AREA.
ILLUMINATION
SIGNAGE TO BE INSTALLED ON LANDSCAPE
WALL (BY OTHERS) AS SHOWN.
LOCATION
2 - ONE PER ENTRY
QUANTITY
104 SQARE FEET
MAXIMUM SQUARE FOOTAGE
TYPICAL ELEVATION VIEWS
SCALE: 1/4”=1’-0”
PORTAL WALL - RENDERING VIEW
15'-6"+/-
8'-8"
20"
5"
3'-8" MAX
1541
LUMINAR BUSINESS PARK - MASTER SIGN PROGRAM PAGE 7
1-4
5-11
5'-0"
2'-6"
SATIN PAINTED FABRICATED ALUMINUM
SIGN STRUCTURE WITH INTERNAL FRAMING
AND CONCRETE FOOTING BELOW GRADE
PER SIGN CONTRACTOR’S STRUCTURAL
ENGINEERING CALCULATIONS.
DESIGN NOTES
SIGN TYPE 3 - VEHICULAR DIRECTIONAL
SIGNS TO BE ILLUMINATED WITH LOW PROFILE
LED LIGHT FIXTURES CONCEALED IN
LANDSCAPE AREA.
ILLUMINATION
SIGN TO BE INSTALLED IN LANDSCAPE AREA
ON PRIVATE PROPERTY AND SHALL BE SETBACK
A MINIMUM OF 10 FEET FROM PUBLIC STREET
CURB, 2 FEET FROM BACK OF SIDEWALK,
OUTSIDE ANY REQUIRED SITE DISTANCE
TRIANGLES, AND A MINIMUM OF 100 FEET
AWAY FROM ANOTHER GROUND SIGN.
LOCATION
9 QUANTITY
12.5 SQARE FEET
MAXIMUM SQUARE FOOTAGE
FRONT (TYPICAL) RIGHT SIDE
3 ELEVATION VIEWS
SCALE: 3/8”=1’-0”
LEFT SIDE
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TENANT NAME TENANT NAME TENANT NAME TENANT NAME TENANT NAME TENANT NAME TENANT NAME 2 TENANT NAME
TYPICAL BUILDING SIGNAGE
SCALE: NTS
TENANT NAME
TENANT NAME
TYPICALMURAL OPPORTUNITY
LUMINAR BUSINESS PARK - MASTER SIGN PROGRAM PAGE 8
TYPICAL BUILDING ELEVATIONS W/ SIGNAGE
TENANT NAME
1543
BUILDING ADDRESS
MINIMUM 2 PER BUILDING OR AS REQUIRED
10 SQUARE FEET OR AS REQUIRED
4 TENANT GRAPHIC AREA
ONE SIGN PER UNIT ENTRY
9 SQUARE FEET TOTAL
7 TYPICAL BUILDING SIGNAGE - PARTIAL ELEVATION VIEW
SCALE: 3/16”=1’-0”
TENANT NAME
2 F
2 TENANT CANOPY SIGNAGE
ONE SIGN PER UNIT ENTRY - 18” MAX LETTER HEIGHT
25 SQUARE FEET MAX.
5 3 FT SQ
TENANT
GRAPHIC
AREA
G
2 TENANT NAME
8 UNIT IDENTIFICATION
ONE SIGN PER UNIT ENTRY
5 SQUARE FEET TOTAL
LUMINAR BUSINESS PARK - MASTER SIGN PROGRAM PAGE 9
TYPICAL BUILDING SIGNAGE
6 TENANT ON-BUILDING SIGN
(RESERVED FOR MAJOR TENANTS THAT OCCUPY LARGE SIZE / CORNER UNITS.
SIGN TO BE USED IN LIEU OF CANOPY SIGN, SUBJECT TO OWNERSHIP APPROVAL)
MAXIMUM OF TWO SIGNS PER ELEVATION
MAXIMUM FOUR SIGNS PER BUILDING
32” MAX LETTER HEIGHT
75 SQUARE FEET MAX.
DESIGN ALL BUILDING SIGNAGE TO BE NON
ILLUMINATED SATIN PAINTED FLAT CUT OUT 1/2”
THICK ALUMINUM LETTERS/NUMBERS PIN OR BASE
MOUNTED AS SHOWN WITH STAINLESS STEEL
HARDWARE PER SIGN CONTRACTOR’S STRUCTURAL
ENGINEERING CALCULATIONS.
DESIGN NOTES
SIGNS TO BE NON-ILLUMINATED.
ILLUMINATION
1544
Attachment 5
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AGENDA ITEM: 8-B
STAFF REPORT
SAN CLEMENTE PLANNING COMMISSION
Date: August 20, 2025
PLANNER: David Carrillo, Associate Planner
SUBJECT: Public Hearing Project 25-214, Luminar Business Park, a request for Development Permit 25-224, Conditional Use Permit 25-223, Discretionary Sign Permit 25-263, and Tentative Tract Map 25-225 to allow the construction of a new industrial complex with 11 new buildings on vacant land, in conjunction with a master sign program, and a land and condominium subdivision for individual ownership of each building/suite.
The Planning Commission will consider recommending that the City Council find that no supplemental review under the California Environmental Quality Act (CEQA) is necessary pursuant to State CEQA Guidelines Sections 15162 and 15183.
The Planning Commission will consider making recommendations on all concurrent permits and CEQA findings to the City Council.
LOCATION: 1000 Calle Cordillera
ZONING/ GENERAL PLAN: Business Park Zone within the Rancho San Clemente Specific Plan
REQUIRED FINDINGS
The following findings shall be made to approve the proposed project. The draft Resolution (Attachment 1) and analysis section of this report provide an assessment of the project’s compliance with these findings.
Development Permit, Zoning Ordinance Section 17.16.100, to allow new nonresidential private buildings. a. The proposed project is consistent with the General Plan b. The proposed project complies with zoning regulations c. The proposed project is consistent with the City's Design Guidelines d. The proposed development will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity e. The proposed project is in character and compatible with the properties in the neighborhood
Attachment 6
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Conditional Use Permit, Zoning Ordinance Section 17.16.060, consistent with the Rancho San Clemente Specific Plan Section 503.II., to allow a commercial recreation use within the Business Park Zone.
a. The proposed use is permitted within the subject zone pursuant to the approval of a Conditional Use Permit and complies with all the applicable provisions of Title 17, the San Clemente General Plan and the purpose and intent of the zone in which the use is being proposed
b. The site is suitable for the type and intensity of use that is proposed c. The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity d. The proposed use will not negatively impact surrounding land uses Discretionary Sign Permit, Zoning Ordinance Section 17.16.250, to allow a Master Sign Program.
a. The design, including lighting, scale, length and materials, of the signs is consistent with the intent of the design elements of the General Plan, Design Guidelines, and Rancho San Clemente Specific Plan in which the sign is to be located
b. The design, scale and materials of the signs harmonize with the architectural design and details of the building or site it serves
c. The design and scale of the signs is appropriate to the distance from which the signs are normally viewed
d. The design and materials of the signs provide a contrast between the background and letters
e. The provisions of the Master Sign Program ensure consistency in design and style of all new signs
f. All new signs within the Master Sign Program are in compliance with the sign design standards
Tentative Tract Map, Subdivisions Ordinance Section 16.12.090, to allow a land and condominium subdivision of five or more parcels/condominiums. a. The site is physically suitable for the type of development b. The site is physically suitable for the proposed density of the development c. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat
d. The design of the subdivision or the type of improvements is not likely to cause serious public health problems
e. The subdivision, with its provisions for any design and improvements, is consistent with the General Plan and any applicable specific plan 1611
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f. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision
BACKGROUND
The project site is a 20.2 acre irregularly-shaped vacant lot in the Business Park Zone within the Rancho San Clemente Specific Plan. See Attachment 2 for a location map.
The site was mass graded with a pad that is visible from the San Clemente Ridgeline Trail and scenic corridors including Avenida Pico, Camino Vera Cruz, and Avenida La Pata.
The site has a downward slope from east to west with a grade difference of 100 feet. The project site has two access points – one via Calle Cordillera to the west and one via Calle Sombra to the east. Surrounding land uses include industrial businesses to the north, east, and west, and multi-family residences to the south beyond the Ridgeline Trail, which sits about 70-feet above the project site. Access to the Ridgeline Trail is currently provided via Calle Cordillera and Calle Sombra, among other trail access points within the business park. A 30-foot-wide easement is in place along the south property line for public access to the trail and for public utility purposes. The site also has a 3-foot easement for public utility and incidental purposes along the eastern and western property lines. Nearby major arterials are Avenida Pico and La Pata that connect to the primary collector street through the business park, Calle Amanecer. See Image 1 below for an aerial view of the project site.
Image 1 – Project Site
Development Management Team Meeting
The City's Development Management Team (DMT) reviewed the project and recommends approval with conditions included in Attachment 1, Exhibit A. 1612
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Noticing
Public notices were distributed and posted per City and State requirements. Staff has not received any public comments on this item to-date.
Concurrent review of multiple permits.
When multiple permits are processed concurrently, the Zoning Code calls for a decision on all of the applications to be made by the highest review authority. Since the project involves a Tentative Tract Map for a land subdivision, which requires City Council approval, then the Planning Commission will make a recommendation on all concurrent permits, including the Development Permit, Conditional Use Permit, and Discretionary Sign Permit, to the City Council.
PROJECT DESCRIPTION
The applicant proposes to grade the site to develop an upper and lower campus. A total of 11 one-story industrial contemporary buildings with mezzanines are proposed, with seven buildings on the upper campus and four buildings on the lower campus. A private street, Via Farrona, is proposed which will connect Calle Cordillera to Calle Sombra, providing access to each campus from either side of the development. Pedestrian access from the lower campus to the upper campus is provided via stairs and a ramp on the south side of the site. A communal area, labeled as “amenity hub” on plans, is proposed on the upper campus, and would provide indoor and outdoor shared gathering spaces for informal meetings, breaks, and socializing. The amenity hub is centralized on the site for access to all occupants, and also includes an elevated deck offering ocean views. A sixfoot wide pedestrian pathway is proposed along the southern property line for access to the adjacent ridgeline trail, and concurrently proposes to partially quitclaim1the existing 30-foot easement to maintain public access to the trail. Trash enclosures are proposed throughout the site to serve all buildings. The project would include 487 parking spaces to accommodate uses such as professional and medical office, warehouse, light manufacturing, and commercial recreation.
Proposed landscaping consists of a variety of trees and plants offering a colorful palette, and is provided at each site entry point and along the front of each building. Existing landscaping will remain on the east and west side of the site. Large, angular free-standing walls serve as entry portals at both entry points. Proposed building materials consist of concrete, aluminum, and vision and spandrel glass. 2 The proposed building color palette consists of primary (gray), secondary (light blue), and accent (green, orange, and blue) colors. All buildings would have the primary and secondary colors, and one of the accent colors. See Image 2 for the proposed site plan and Attachment 9 for the conceptual architectural plans, including a materials board.
1 Quitclaim: to release or relinquish a legal claim.
2 Spandrel glass: opaque glass used in building facades, typically between floors, to conceal building components like vents, wires, and slab edges.
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Additionally, the applicant proposes a Master Sign Program, and is requesting a Tentative Tract Map for a land and condominium subdivision. The land subdivision would create one parcel per building, and the condominium subdivision is to allow for individual ownership of each suite.
Image 2 – Proposed Site Plan
PROJECT ANALYSIS
Development Standards
The project meets development standards and other requirements, as shown in Table 1 below.
Table 1 – Development Standards
Development
Standard Proposed
Complies
with
standards
FAR (Maximum) .5 (451,935 sq.ft) .27 (234,714
sq.ft.)
Yes
Height (Maximum) 35’ 35’ Yes
Setbacks (Minimum):
Front Setback and
Landscaped Buffer
Rear Setback from Public
Street
20’
15’
>20’
>15’
Yes
Yes
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Development
Standard Proposed
Complies
with
standards
Required Parking (Minimum): 487 487 Yes
Landscaping Req.
(Minimum):
15% of site area;
front setback shall
be landscaped
31% Yes
Development Permit
Development Permits are required to: ensure development projects, not involving the City’s designated historic resources and landmarks list, will promote the orderly development of the City in compliance with the goals, objective, and policies of the General Plan, any applicable Specific Plan, and the standards specified in the Zoning Code; encourage site design and architecture sensitive to community and neighborhood character; enhance the visual environment and protects the economic value of existing structures; respect the physical and environmental characteristics of the site; ensure safe and convenient access and circulation for pedestrians and vehicles; exemplify the best professional design practices through consistency with the City’s Design Standards and Guidelines; and encourage a distinct community or neighborhood identity.
Rancho San Clemente Specific Plan Vision Compatibility
The project consists of high-quality contemporary architecture and landscaping, with 74 adaptable tenant suites that can be combined and occupied by industrial-type uses, such as medical offices, light manufacturing, professional offices, research and development, service uses, warehouse/wholesale, and commercial recreation with a Conditional Use Permit. The predominant material is painted and textured concrete, with secondary materials such as glass and metal. The color palette consists of gray/blue tones as primary colors, and green, orange, and blue as accent colors. Additionally, an amenity hub is provided for tenants/employees with amenities such as a gym, golf simulator, and an ocean-view deck. The 74 new industrial suites totaling 234,714 square feet of floor area will increase job opportunities within the Business Park, while remaining compatible with surrounding development.
Scale, Mass, Form, and Articulation
The project’s mass, scale, and form are compatible in character with surrounding industrial development in that the proposed buildings consist of one story with mezzanine levels, human scale elements such as canopies over primary entries, typical industrial building footprints, and flat roofs. Surrounding industrial buildings consist of one, two, and three-story buildings with flat roofs, and similar building footprints. The proposed buildings have flat roofs and a maximum height of 35 feet with building lengths close to 400 feet, to accommodate industrial-related uses. Parapet walls are provided, with some corner portions extending higher than the rest of respective buildings to visually improve roof 1615
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lines. The parapet walls also provide screening for rooftop equipment. Each building's front elevation consists of canopies, canopy signage, staggered suite entrances with an angled façade, landscaping, signage, a mix of wall materials that make up geometric patterns, and accent colors. These materials are reflected on all other building elevations.
Buffers and Setbacks
The project consists of adequate setbacks between the buildings and streets, and between each building, for compliance with minimum setback requirements and drive aisles meeting Orange County Fire Authority (OCFA) and CR&R standards. Substantial landscaped buffers are proposed on the west and east side of the project adjacent to the streets. To the north of and adjacent to the project site is a landscaped strip of land zoned as open space (OS2), providing a natural buffer between the project and the nearest downhill developed site to the north. The project includes a small landscaped buffer with a pedestrian walkway on the south side of the project site for access to the adjacent ridgeline trail.
Project Aligned with Topography
The site has a downward slope from east to west with a grade difference of 100 feet, and sits at the highest point within the Business Park about 70 feet below a ridgeline, within the Knob Hill and Rancho San Clemente Ridgeline Trail3 public vista points. The proposed development has two zones - a higher pad on the east side with seven buildings and a lower pad on the west side with four buildings, with a landscaped buffer in between. The proposed grading resulting in the two pads follows the site's topography. Additionally, the one-story nature of the project helps maintain visibility of the ridgeline located behind the project.
Landscaping and Hillside Development Policies
Hillside Development General Plan policies require that development blend into hillsides and maintain visibility of ridgelines. The City’s Landscape Consultant reviewed the proposed landscape plan and provided comments for the applicant to address when submitting a comprehensive landscape plan during the building permit review process. It was suggested that perimeter specific screen/skyline trees be including in order to provide screening of the proposed buildings. To further screen the development, City staff suggested obtaining authorization from the Rancho San Clemente Business Park Association, which owns the adjacent open space lot to the north, to plant additional trees on said open space consistent with the tree palette suggested by the City’s Landscape Consultant. Trees on the adjacent slope would allow for a more natural tree buffer. The Orange County Fire Authority confirmed that a fuel modification plan will not be required since building footprints are not proposed within a High Fire Hazard Severity Zone (2025 CalFire Map). Overall, native and drought-tolerant landscaping in the form of trees and 3 The City’s Trails and Bikeways Map can be viewed here. 1616
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plants is provided along the property edges and within the development to complement parking areas, pedestrian paths, front building facades, and the project entries.
Bicycle- and Pedestrian-Oriented Site Design
The project incorporates bicycle- and pedestrian-oriented features such as walkways, an amenity hub, and bicycle parking throughout the development. The project also provides a shower within the amenity hub to encourage active transportation to the development, consistent with Trip Reduction and Travel Demand Management (TR/TDM) standards, per Zoning Ordinance Chapter 17.76. To ensure full compliance with TR/TDM standards, Conditions of Approval have been added, which address designated carpool parking spaces, an additional shower, information on transportation alternatives, and vanpool vehicle accessibility. The project consists of stairs and an accessible ramp which directly connects the upper and lower building pads. Additionally, a pedestrian path is provided along the south of the property, providing access to each building pad and the adjacent ridgeline trail, supporting recreational goals.
Lighting
Proposed exterior site lighting consists of fixtures that direct light downward. Additionally, as a condition of approval, a photometric plan must be submitted for review and approval by the Planning Division, prior to issuance of a building permit, to ensure lighting remains within the project site.
Project Entries
The project provides site walls at each site entry made up of concrete and aluminum which accommodate project signage and visually outline the entrance to the business park. To further emphasize the entries, decorative paving and landscaping is also provided at each entry. Additional details on signage are provided in the Master Sign Program section below.
Parking
Table 2 below demonstrates required parking for the project. Overall, 487 parking spaces are required, and 487 parking spaces are provided and to be shared within the development. Condition of Approval No. 7.8 requires the property manager to maintain and provide to the Planning Division an updated parking table that tracks the amount of parking spaces available as suites are occupied. Although the amenity hub is an accessory use, and parking is not required for it, the applicant included the amenity hub’s square footage in the parking calculation under office, to accommodate a future conversion of the amenity hub into an office, warehouse, or light manufacturing use. 1617
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Table 2 – Required Parking
Use Floor Area (Sq.
Ft)
Parking Ratio Required Parking
Warehouse 104,000 1/2000 sq.ft. 52
Office 89,500 1/300 sq.ft. 298.33
Light Manufacturing 30,000 1/500 sq.ft. 60
Commercial Recreation
(Building 1)
15,285 1/200 sq.ft. 76.42
Total Required Parking 487
Traffic
As noted in the CEQA section of this report, a prior EIR was certified in 1983. The scope of the impacts, such as traffic, from the proposed project was analyzed in the prior EIR, and no changes to the project site or its circumstances are occurring, nor is there any new information not available at the time of the prior EIR, that could result in new or more severe impacts than the potential impacts analyzed in the prior EIR. The proposed project will result in a reduction in the intensity of development and uses allowed on the site, thereby reducing the risk of any potential environmental impacts below those considered in the prior EIR, in that, the maximum Floor Area Ratio (FAR) in the Business Park zone is .5, or 451,935 square feet for the project site, and the proposed floor area is 234,714 square feet (.27 FAR). The project further reduces traffic impacts analyzed under the Specific Plan through its compliance with the City’s Trip Reduction and Travel Demand Management Ordinance (SCMC 17.76). The proposed business park is fully consistent with what the Rancho San Clemente Specific Plan envisions in the subject area.
Conditional Use Permit
It is the purpose and intent of the Conditional Use Permit process to provide for the review of uses that may, because of their nature, have an impact on the surrounding environment and for the determination of whether or not the proposed use is appropriate for its proposed location. The Conditional Use Permit process is intended to encourage uses to be located in a manner that is: 1) consistent with the City's zones; 2) sensitive to community and neighborhood identity; and 3) minimizes impacts to adjacent uses.
Review of a use may require the consideration of site plan issues related to the use, as well. A Conditional Use Permit is required to allow a commercial recreation use in Building 1 (the building closest to the Calle Sombra site entry).
Commercial Recreation Use
The applicant has not provided the specific type of commercial recreation use that would occupy Building 1. The applicant understands that a commercial recreation use must meet the definition of commercial recreation, per the Rancho San Clemente Specific Plan, which means, “any facility where the primary intent is to provide amusement, pleasure, or sport. Typical uses include dance studios, golf courses, health and athletic clubs, and 1618
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youth clubs.” The Development Management Team raised concerns with a use operating in Building 1 such as a school or day care where a drop-off and pick-up zone would be required, and queuing may create vehicular congestion on site, since the project’s site plan was not designed to accommodate a drop-off and pick-up zone, nor queuing lanes.
The applicant provided an expanded narrative regarding the commercial recreation use to staff, which is available as Attachment 3. A school and/or day care use can also be permitted with a Conditional Use Permit in the RSCSP; however, that use is not a part of this project and is not included within CUP 25-223. Additionally, project-specific Conditions of Approval (CoA) have been added to manage a commercial recreation use to facilitate vehicular and pedestrian circulation while other industrial-related uses are operating on site. The applicant is also required to include language from the projectspecific CoAs into CC&Rs. These project-specific conditions include:
• CoA No. 4.15.b: Bicycle parking and locker facilities shall be provided in a secure location for use by employees or tenants who commute to the site by bicycle.
The number of facilities/racks to be provided shall be at the rate of at least five racks for every 100 employees or fraction thereof.
• CoA No. 4.15.d: A commuter information area shall be provided that offers employees appropriate information on available transportation alternatives to the single-occupancy vehicle. This area shall be centrally located and accessible to all employees or tenants.
• CoA No. 7.4: The commercial recreation use shall operate within Building 1, as shown on plans approved by the Planning Commission, unless the City Planner and City Engineer approve the operation of the commercial recreation use within another building.
• CoA No. 7.5: The commercial recreation use shall operate in a manner that does not require more than 76 parking spaces.
• CoA No. 7.6: Drop-off/pick-up zones are not allowed unless an amendment to the project is approved by the Planning Commission.
• CoA No. 7.9: All customers shall park in a designated parking space and walk to their destination.
• CoA No. 7.7: Commercial recreation classes shall be staggered by a minimum of ten minutes in between the end and start of each class, and all schedules on business flyers and social media platforms shall reflect the ten-minute gap.
Discretionary Sign Permit
The purpose of a Discretionary Sign Permit is to provide a discretionary review process for Master Sign Programs to include design standards and requirements that achieve cohesive site signage. The intent of discretionary review is to ensure signs are compatible and harmonious with the architecture of the buildings they serve and with the surrounding neighborhood.
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Master Sign Program
The proposed Master Sign Program (Attachment 4) consists of a monument sign, two project identification signs at the entry portals, tenant building and canopy signs, directional signs, and address signs. All wall signs are made of flat cutout aluminum letters/numbers to be mounted with stainless steel hardware and painted with satin colors.
Illumination consists of halo-lighting on the project identification signs located at each entry, and low-profile LED lighting on the monument sign. Tenant building and canopy signs are non-illuminated. Tenant and canopy signage is appropriately placed within each suite’s façade and above each suite’s entry. Signage for the corner suites consists of two signs – one at the front elevation and one at the side elevation – that are placed higher on the building than the inline tenants. The higher placement of the corner suite signage is appropriate given that the parapet walls above the corner suites extend higher than the rest of the building’s height, allowing for more space between the top of the text and the roofline. The only sign allowed for inline tenants would be at the front elevation, not counting window signage. Window signage is allowed up to 25% of the respective glass panel surface area, and for tenant identification. The monument sign and project identification signs would be mounted on structures made of concrete and aluminum, compatible with the project’s architecture and materials. Elevation drawings are provided which show the perimeters for all signs to communicate the approved location of signs, along with design notes stating the material and illumination type for signs.
Tentative Tract Map
The purpose of reviewing a Tentative Tract Map is to ensure: the site is physically suitable for the type of development and proposed density of the development, the subdivision is not likely to cause serious public health problems, the subdivision is consistent with the General Plan and the Rancho San Clemente Plan, and the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. The applicant is requesting a Tentative Tract Map (Attachment 5) for a land and condominium subdivision.
Land Subdivision
The land subdivision is to create one parcel per building and allow ownership of each building. Per the applicant, the land subdivision would be processed first, where each building would essentially have property lines outlining the respective building. These new parcels per building meet the minimum required lot size of 10,000 square feet in the Business Park Zone.
Condominium Subdivision
The condominium subdivision is to allow for individual ownership of each suite. Per the applicant, a Final Map for the condominium subdivision request would only be processed in the future if the property owner deems it economically necessary under future market conditions. The request for a condominium subdivision is to secure a tentative approval 1620
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now and avoid going through another discretionary review process in the future, when and if the owner decides to complete a Final Map for condominiums.
Easements
Neither the design of the subdivision nor the type of improvements will conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, in that, easements for public access and public utility purposes will remain. The existing 30-foot easement along the south property line will be partially quitclaimed since current water alignments within this easement are being modified and addressed in new easements that will be granted to the City. This easement will continue allowing public access to the adjacent ridgeline trail. Additionally, the City will quitclaim the existing sewer and water easement along the northern boundary and the property owner will be responsible for all on-site sewage improvements up to and including the connection of the sewage system to the main line on Calle Cordillera. In addition to the sewer and water easement that is being quitclaimed along the northern boundary, the City has a storm drain easement that will be partially quitclaimed. The City will obtain new easements for the onsite water system as shown on the Tentative Tract Map. Final quitclaims and acceptance of easements will be accomplished on the Final Map, which will return to City Council on a later date.
Since the project has been reviewed by staff and the Design Review Subcommittee with all subject buildings/suites shown on conceptual plans and deemed consistent with the General Plan and Design Guidelines, and since CC&Rs will be established for management of the development, Planning supports this request. Expirations and time extensions for the Tentative Tract Map are subject to the Subdivisions Ordinance (Title 16).
Design Review Subcommittee
The Design Review Subcommittee (DRSC) reviewed the project on June 25, 2025, and supported it moving forward to the Planning Commission with recommended changes outlined in the DRSC meeting minutes (Attachment 6), such as improving landscaping by connecting it more to the site and architecture. See Attachment 7 for the DRSC Report dated June 25, 2025, and the applicant’s response to DRSC comments in Attachment 8
GENERAL PLAN CONSISTENCY
The project is consistent with applicable General Plan policies as outlined in the table provided in Attachment 8.
ENVIRONMENTAL REVIEW/COMPLIANCE (CEQA)
The Planning Division completed an initial environmental assessment of the project per the California Environmental Quality Act (CEQA). Staff recommends the Planning Commission determine the project does not require further environmental review under CEQA per CEQA Guidelines Sections 15162 and 15183.
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The project does not require further environmental review under CEQA Guidelines section 15162 because the Environmental Impact Report (EIR) prepared for the Rancho San Clemente Specific Plan in 1983 accounted for the development type and intensity proposed in the Business Park zone, and there are no changes proposed by this project or its circumstances, nor any new information not available in 1983, that indicates that new or more severe environmental impacts may occur from the proposed project beyond the potential impacts analyzed in the prior EIR. Nor are any new mitigation measures or alternatives available that would substantially reduce onsite project impacts beyond those analyzed in the prior EIR. Additionally, the project is consistent with General Plan policies, design guidelines, and development standards.
The project also qualifies for streamlined review under CEQA Guidelines section 15183, which allows streamlined CEQA review for projects that are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was previously certified. However, Section 15183 still requires the lead agency to determine whether there are project-specific significant effects which are peculiar to the project or its site that were not analyzed as significant effects in the prior EIR; that are potentially significant off-site impacts and cumulative impacts that were not discussed in the prior EIR; or that are previously identified significant effects that, as a result of substantial new information that was not known at the time the EIR was certified, will have more severe adverse impacts than discussed in the prior EIR. In this case, the project is precisely the kind of project envisioned in the 1983 EIR, which was adopted for current general plan, community plan, and zoning requirements. The project description assessed in the 1983 EIR included the development of the subject project site as a business park, along with other uses within the Rancho San Clemente Specific Plan such as residential, commercial, open space, and a school. Here, the project consists of a business park complex with 11 new industrial buildings, without changes to the specific plan’s land use map. There are no effects of the project that are peculiar or unique to the project site, nor are there any new or more severe potentially significant onsite or offsite impacts of the proposed project that were not already analyzed in the prior EIR. The project is consistent with relevant mitigation measures adopted in the 1983 EIR relating to geology, soils, and topography; hydrology; water quality; biological resources; land use; visual and aesthetic resources; traffic and circulation; energy; and community services and public utilities. Precise grading must be based on the project-specific geotechnical study that is subject to final review and approval by the City Engineer, prior to the issuance of any permits, and is required to include an erosion, siltation, and dust control plan (geology, soils, and topography). In addition to the required precise grading plan, the project is deemed a Priority Project under the State NPDES permit and a Final Water Quality Management Plan will be required prior to the issuance of any permits (water quality). The project does not alter any streambed nor propose development on areas zoned as open space, with exception of trees being planted on the adjacent open space hill to the north of the project site, in the event the project applicant obtains authorization from the association that owns said adjacent open space (biological resources). The applicant is proposing storm drain improvements onsite to accommodate runoff water generated onsite under developed conditions, and to control runoff downstream 1622
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(hydrology). A final comprehensive landscape plan must be approved and implemented, consistent with the preliminary comments provided by the City’s Landscape Consultant which address compliance with the Hillside Development policies, and ensure the preservation of the adjacent ridgeline view (visual and aesthetic resources). Internal roadways within the Rancho San Clemente Specific Plan that provide access to the project site, including parking areas in compliance with parking requirements, have been previously provided and will remain. Additionally, Regional Circulation Financing and Phasing Program (RCFPP) impact fees are applicable to this development, per the original subdivision requirements of the Rancho San Clemente Specific Plan (traffic and circulation). All new buildings are subject to non-residential building standards in Title 24 of the California Building Standards Code (energy). The project site is in a developed area where public services and utilities are available to support the project. The project’s water and sewer systems were reviewed by the Utilities Division and Orange County Fire Authority for compliance with water and sewer standards, including fire flow standards.
The project does not propose removal or an alteration to the nearby water reservoir (community services and public utilities). Together, all the above project elements and associated conditions of approval implement the mitigation measures identified in the 1983 EIR.For these reasons, the project does not require further environmental review under CEQA per CEQA Guidelines section 15183.
CALIFORNIA COASTAL COMMISSION REVIEW
The project does not require Coastal Commission review since it is not within the Coastal Zone.
ALTERNATIVES
The Planning Commission may take any of the following actions:
1. Recommend that the City Council approval of the proposed project, subject to conditions of approval.
2. Recommend that the City Council approve the proposed project with changes to the project’s design or conditions of approval.
3. Recommend that the City Council deny the proposed project. If the Commission wishes to pursue this option, the hearing will need to be continued to allow the appropriate resolution(s) to be prepared.
RECOMMENDATION
Staff recommends that the Planning Commission:
1. Recommend that the City Council determine the project does not require further environmental review under CEQA per CEQA Guidelines Sections 15162 and 15183; and
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2. Adopt Resolution PC 25-012, recommending that the City Council approve Development Permit 25-224, Conditional Use Permit 25-223, Discretionary Sign Permit 25-263, and Tentative Tract Map 25-225, Luminar Business Park, subject to the attached conditions of approval.
Attachments:
1. Resolution No. PC 25-012
Exhibit A - Conditions of Approval
2. Location Map
3. Narrative Letter – Commercial Recreation Use and Parking
4. Master Sign Program
5. Tentative Tract Map
6. DRSC Minutes dated June 25, 2025
7. DRSC Staff Report dated June 25, 2025
8. Applicant’s Response to DRSC Comments
9. General Plan Consistency Table
10.Conceptual Architectural and Landscape Plans
EXHIBITS
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RESOLUTION NO. PC 25-012
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SAN CLEMENTE, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL CONDITIONALLY APPROVE
DEVELOPMENT PERMIT 25-224, CONDITIONAL USE
PERMIT 25-223, DISCRETIONARY SIGN PERMIT 25-263,
TENTATIVE TRACT MAP 25-225, LUMINAR BUSINESS
PARK, TO ALLOW THE CONSTRUCTION OF A NEW
INDUSTRIAL COMPLEX WITH 11 NEW BUILDINGS ON
VACANT LAND, IN CONJUNCTION WITH A MASTER SIGN
PROGRAM, AND A LAND AND CONDOMINIUM
SUBDIVISION FOR INDIVIDUAL OWNERSHIP OF EACH
BUILDING/SUITE, LOCATED AT 1000 CALLE CORDILLERA,
AND FIND THAT NO FURTHER REVIEW UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT IS
REQUIRED (14 CCR 15162 AND 15183)
WHEREAS, in 1983 an Environmental Impact Report was adopted for the Rancho San Clemente Specific Plan, which included land uses such as industrial (business park), residential, commercial, open space, and a school; and
WHEREAS, on May 9, 2025, an application was submitted by SC Holding LLC, 411 Amapola Avenue, Torrance, CA 90501 for Conditional Use Permit (CUP) 25-223, Development Permit (DP) 25-224, Tentative Tract Map (TTM) 25-225, and Discretionary Sign Permit (DSP) 25-263, and deemed complete on July 1, 2025, which is a request to allow the construction of a new industrial complex with 11 new buildings on vacant land, in conjunction with a master sign program, and a land and condominium subdivision for individual ownership of each building/suite, in the Business Park Zone within the Rancho San Clemente Specific Plan. The site’s legal description is N TR 12125 BLK LOT 11/N TR 12125 BLK LOT 10, and Assessor’s Parcel Numbers 688-151-03 and 688-151-04; and
WHEREAS, the Planning Division has completed an initial environmental assessment of the above matter in accordance with the California Environmental Quality Act (CEQA) and recommends that the Planning Commission recommend that the City Council determine that the project does not require further environmental review pursuant to State CEQA Guidelines Section 15162 and 15183. This is recommended because the Environmental Impact Report (EIR) prepared for the Rancho San Clemente Specific Plan accounted for the development type and intensity contemplated herein in the Business Park zone, and there are no changes proposed by the project or its circumstances, nor any new information unavailable at the time of the 1983 EIR, that indicates that new or more severe environmental impacts will occur from the proposed project beyond the potential impacts analyzed in the prior EIR. Nor are any new mitigation measures or alternatives available that would substantially reduce onsite project impacts beyond those analyzed in the prior EIR.
Additionally, the project is consistent with General Plan policies, design guidelines, and development standards; and
EXHIBIT 1
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WHEREAS, on May 15, 2025, the City's Development Management Team (DMT) reviewed the proposed project and determined it complies with the General Plan, Zoning Ordinance, and other applicable City ordinances and codes; and WHEREAS, on June 25, 2025, the City’s Design Review Subcommittee (DRSC) considered the project and supports it with design changes related to landscaping and signage; and
WHEREAS, on August 20, 2025, the Planning Commission of the City of San Clemente held a duly noticed public hearing on the subject application, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties.
NOW, THEREFORE, the Planning Commission of the City of San Clemente does hereby find, determine and resolve as follows:
Section 1. Incorporation of Recitals.
The Planning Commission hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the Planning Commission as fully set forth in this resolution.
Section 2. CEQA Findings.
Based upon its review of the entire record, including the Staff Report, any public comments or testimony presented to the Planning Commission, and the facts outlined below, the Planning Commission recommends that the City Council finds and determines that the proposed project is consistent with the Rancho San Clemente Specific Plan and its underlying Environmental Impact Report. Therefore, no further review under the California Environmental Quality Act is necessary pursuant to State CEQA Guidelines Section 15162 and 15183.
The potentially significant environmental impacts from the project were already analyzed in the prior EIR adopted for the Rancho San Clemente Specific Plan in 1983. No changes to the project site or its circumstances are occurring that could result in new or more severe impacts than the potential impacts analyzed in the prior EIR. The proposed Project will result in a reduction in the intensity of development and uses allowed on the site, thereby reducing the risk of any potential environmental impacts below those considered in the prior EIR, in that, the maximum Floor Area Ratio (FAR) in the Business Park zone is .5, and the proposed FAR is .27. The Project results in half of the floor area allowed in the Business Park zone, and less than, or approximately equal to, half of parking spaces required for a project at the maximum FAR of .5. In addition to a FAR less than the maximum, the proposed building heights are below or at the maximum allowed height of 35 feet, and as a result the site will also see a lower intensity of trip generation. Therefore, all the potential environmental impacts of the Project were analyzed in the prior EIR and no changes or revisions to that document are necessary. Nor is there any new information of substantial importance, not known at the time of the adoption of the EIR, that indicates new or more severe impacts or the availability of new alternatives or mitigation measures, and 1626
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no changes to the prior EIR are necessary. Additionally, the project is consistent with General Plan policies, design guidelines, and development standards as outlined in the findings below.
The project also qualifies for streamlined review under CEQA Guidelines section 15183, which allows streamlined CEQA review for projects that are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was previously certified. However, Section 15183 still requires the lead agency to determine whether there are project-specific significant effects which are peculiar to the project or its site that were not analyzed as significant effects in the prior EIR; that are potentially significant off-site impacts and cumulative impacts that were not discussed in the prior EIR; or that are previously identified significant effects that, as a result of substantial new information that was not known at the time the EIR was certified, will have more severe adverse impacts than discussed in the prior EIR. In this case, the project is precisely the kind of project envisioned in the 1983 EIR, which was adopted for current general plan, community plan, and zoning requirements. The project description assessed in the 1983 EIR included the development of the subject project site as a business park, along with other uses within the Rancho San Clemente Specific Plan such as residential, commercial, open space, and a school. Here, the project consists of a business park complex with 11 new industrial buildings, without changes to the specific plan’s land use map. There are no effects of the project that are peculiar or unique to the project site, nor are there any new or more severe potentially significant onsite or offsite impacts of the proposed project that were not already analyzed in the prior EIR. The project is consistent with relevant mitigation measures adopted in the 1983 EIR relating to geology, soils, and topography; hydrology; water quality; biological resources; land use; visual and aesthetic resources; traffic and circulation; energy; and community services and public utilities. Precise grading must be based on the projectspecific geotechnical study that is subject to final review and approval by the City Engineer, prior to the issuance of any permits, and is required to include an erosion, siltation, and dust control plan (geology, soils, and topography). In addition to the required precise grading plan, the project is deemed a Priority Project under the State NPDES permit and a Final Water Quality Management Plan will be required prior to the issuance of any permits (water quality). The project does not alter any streambed nor propose development on areas zoned as open space, with exception of trees being planted on the adjacent open space hill to the north of the project site, in the event the project applicant obtains authorization from the association that owns said adjacent open space (biological resources). The applicant is proposing storm drain improvements onsite to accommodate runoff water generated onsite under developed conditions, and to control runoff downstream (hydrology). A final comprehensive landscape plan must be approved and implemented, consistent with the preliminary comments provided by the City’s Landscape Consultant which address compliance with the Hillside Development policies, and ensure the preservation of the adjacent ridgeline view (visual and aesthetic resources). Internal roadways within the Rancho San Clemente Specific Plan that provide access to the project site, including parking areas in compliance with parking requirements, have been previously provided and will remain. Additionally, Regional Circulation Financing and Phasing Program (RCFPP) impact fees are applicable to this development, per the original subdivision requirements of the Rancho San Clemente Specific Plan (traffic and circulation). All new buildings are subject to non-residential building standards in Title 24 of the California Building Standards Code (energy). The project site is in a developed area where public services and utilities are 1627
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available to support the project. The project’s water and sewer systems were reviewed by the Utilities Division and Orange County Fire Authority for compliance with water and sewer standards, including fire flow standards. The project does not propose removal or an alteration to the nearby water reservoir (community services and public utilities). Together, all the above project elements and associated conditions of approval implement the mitigation measures identified in the 1983 EIR. For these reasons, the project does not require further environmental review under CEQA per CEQA Guidelines section 15183.
Section 3. Development Permit Findings
With respect to Development Permit (DP) 25-224, for new non-residential buildings, the Planning Commission recommends that the City Council finds as follows:
A. As conditioned, the proposed project is consistent with the General Plan, in that:
1. The project consists of high-quality contemporary architecture and landscaping, with 74 adaptable tenant suites within 11 buildings that can be combined and occupied by industrial-type uses, such as, medical offices, light manufacturing, professional offices, research and development, service uses, and warehouse/wholesale, and commercial recreation with a Conditional Use Permit. Additionally, an amenity hub is provided for tenants/employees with amenities such as a gym, golf simulator, and an ocean-view deck. The 74 new industrial suites totaling 234,714 square feet of floor area will increase job opportunities within the Business Park, while remaining compatible with surrounding development, consistent with the following developmental policies of the City: Industrial Land Use Goal, which states, “Create and maintain diverse employment opportunities located in areas that provide strategic advantages for employers to locate in San Clemente, provide headof-household jobs, generate municipal revenues, and improve quality of life, while minimizing impacts on surrounding neighborhoods.”; and the Rancho San Clemente Business Park Goal, which states, “Maintain and promote the Rancho San Clemente and Talega Business Parks as a premier office and industrial location for start-up businesses, expanding businesses, and for businesses relocating to San Clemente.”; and Land Use Element Policy 8.01 - Priorities, which states, “Pursuant to the Economic Development Strategy, we assign a high priority to those initiatives, investments, and development approvals that contribute to our vision of the Rancho San Clemente Business Park as a premier office and industrial employment center that capitalizes on San Clemente’s access to the Orange County and San Diego County markets.”;
2. The project consists of adequate setbacks between the buildings and streets, and between each building, for compliance with minimum setback requirements and drive aisles meeting Orange County Fire Authority (OCFA) and CR&R standards. Prominent landscaped buffers are proposed on the west and east side of the project adjacent to the streets. To the north of and adjacent to the project site is a landscaped strip of land zoned as open space (OS2), providing a natural buffer between the project and the nearest 1628
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developed site to the north. The project includes a small landscaped buffer with a pedestrian walkway on the south side of the project site, for access to the adjacent ridgeline trail, consistent with General Plan Policy UD-3.03 – Buffers and Setbacks, which states, “We require that new uses and buildings, characterized by differing functions, activities, density, scale and massing, to provide conditions of approval, landscaped buffers and/or setbacks between uses to prevent or reduce adverse impacts.”;
3. The project’s mass, scale, and form are compatible and in character with surrounding industrial development in that the proposed buildings consist of one story with mezzanine levels, human scale elements such as entry canopies over primary entry doors, typical industrial building footprints, and flat roofs. Surrounding industrial buildings consist of one, two, and three-story buildings with flat roofs, and similar building footprints. The project and existing development generally consist of long uninterrupted wall planes as expected to accommodate industrial-related uses, consistent with General Plan Policy UD-5.10 – Scale and Massing, which states, “We require that the scale and massing of development be compatible with its surroundings and with the General Plan, applicable specific plan and or area plan.”;
4. The site has a downward slope from east to west with a grade difference of 100 feet, and sits at the highest point within the Business Park and about 70- feet below a ridgeline, near the Knob Hill and Forster Ranch Ridgeline Trail public vista points. The proposed development has two zones - a higher pad on the east side with seven buildings and a lower pad on the west side with four buildings, with a landscaped buffer in between both pads. The site plan is consistent with General Plan Policy UD-5.14 – Building Design with Topography, which states, “Building design shall consider the site’s natural topography, public view corridors and adjacent building profiles so that canyonization is avoided.”;
5. Proposed landscaping consists of drought-tolerant and native species primarily on the development's edges and throughout the development, consistent with General Plan Policy UD-5.18 – Drought Tolerant/Native Species Landscaping, which states, “Ornamental plantings in new, nonresidential development should consist primarily of drought tolerant and California native species. Only in small areas and special public locations, such as high-use areas of parks, should lawns or other high water use vegetation be used.”; and
6. The project incorporates bicycle- and pedestrian-oriented features such as walkways, an amenity hub, and bicycle parking throughout the development.
The project supports recreational goals by providing a walkway that connects the ridgeline trail to sidewalks at both Calle Sombra and Calle Cordillera.
Additionally, the project also provides a shower within the amenity hub to encourage active transportation to the development, consistent with General Plan Policy M-2.48 – Bicycle- and Pedestrian Oriented Site Design, which states, “The project incorporates bicycle- and pedestrian-oriented features 1629
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such as walkways, an amenity hub, and bicycle parking throughout the development. The project supports recreational goals by providing a walkway that connects to the ridgeline trail. Additionally, the project also provides a shower within the amenity hub to encourage active transportation to the development.”
B. As conditioned, the proposed project complies with zoning regulations, in that:
1. The tallest building point is proposed at 35 feet, in compliance with the height limit of 35 feet;
2. The project provides significantly more than a 20-foot setback from Calle Cordillera and Calle Sombra, in compliance with the minimum setbacks of 20 feet from Calle Cordillera, and 15 feet from Calle Sombra;
3. The project’s FAR is .27 (234,714 square feet), in compliance with the maximum FAR of .5 (451,935 square feet);
4. The project is conditioned to comply with Trip Reduction and Travel Demand Management standards pursuant to SCMC 17.76 (Condition of Approval
4.15);
5. The project provides 487 parking spaces, where 487 parking spaces are required for the anticipated uses; and
6. The project meets landscaping requirements in that 15% of the site and the front setback area is landscaped.
C. As conditioned, the proposed project is consistent with the City's Design Guidelines, in that:
1. The site has a downward slope from east to west with a grade difference of 100 feet, and sits at the highest point within the Business Park and about 70- feet below a ridgeline, near the Knob Hill and Forster Ranch Ridgeline Trail public vista points. The proposed development has two zones - a higher pad on the east side with seven buildings and a lower pad on the west side with four buildings, with a landscaped buffer in between both pads. The proposed grading resulting in the two pads follows the site's topography. Additionally, the one-story nature of the project helps maintain visibility of the ridgeline located behind the project, consistent with Design Guideline 302 VI. Ridgeline Views, which states, “Building pads should be designed and sited in a manner that compliments the natural topography and does not interrupt the view of the primary ridgeline from selected public vista points. The ridgeline should be visible as a backdrop for development, allowing for the appearance of ridgeline between the roofline and the skyline.”;
2. The project consists of stairs and an accessible ramp which directly connects the upper and lower building pads. Additionally, a pedestrian path is provided 1630
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along the south of the property, providing access to each building pad and the adjacent ridgeline trail, consistent with Design Guideline 303 III.A. Pedestrian Orientation, which states, “The siting of buildings around common pedestrian walkways is encouraged. Pedestrian walkways should be provided connecting individual buildings.”;
3. Proposed exterior lighting consists of fixtures that direct light downward.
Additionally, as a condition of approval, a photometric plan must be submitted for review and approval by the Planning Division, prior to issuance of a building permit, to ensure lighting remains within the project site, consistent with Design Guideline 303 III.B. Outdoor Lighting, which states, “Parking lot and outdoor lighting should be the minimum needed to accommodate safety and security, while minimizing impacts on surrounding residential areas.
Lighting of any facility should be oriented away and shielded from neighboring residential properties. In addition, the lighting should not be excessively intense so as to impact neighboring properties nor passing traffic on adjacent streets. Decorative fixtures with shields to direct light downward should be used for overhead lighting. Bollard or other low-height lighting should be used whenever possible for pedestrian areas. Light fixture design should be consistent with the character of the project.”;
4. One six-foot high and 10-foot-wide code-compliant, project identification sign is proposed on the northeast corner of the site with the development's name.
The sign consists of fabricated aluminum and low-profile LED lighting, consistent with Design Guideline 303 III.C. Project Identification Signs, which states, “Projects should be identified by low-level monument signing in order to provide business center identification. Such signs may include logos and should be harmonious in scale, form, materials, and colors with project buildings, walls, and other structures. Signs must comply with the Sign Ordinance.”;
5. Proposed building footprints have insets at each suite's entry with staggered angled facades along each building's front elevation. Additionally, each suite has a canopy projecting over its entry. Low-height landscaping is also integrated along the front of suites, consistent with Design Guideline 303 II.D.
Variations in Building Footprint, which states, “Building footprints should be designed with variations composed of insets, entries, corners, and jogs integrated with adjacent outdoor areas in order to create visual interest and give a sense of small scale.”;
6. Sufficient space is provided in between buildings to accommodate landscaping, walkways, and drive aisles that meet OCFA and CR&R standards. The site's natural topography allows for landscaped buffers that screen project parking areas from adjacent streets, consistent with Design Guideline 303 III.E.1 Parking Lot Buffering, which states, “There should be a buffer area of at least five (5) feet between buildings and parking areas or driveways in order to avoid placing paved vehicular areas next to building walls. Except where there are walkways, this buffer area should be 1631
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landscaped. Parking and circulation areas should be screened from the street by landscaping and berming.”;
7. The project provides free-standing architectural walls at each site entry made up of concrete and aluminum which accommodate project signage as a gateway feature into the site. To further emphasize the entries, decorative paving and landscaping is also provided at each entry, consistent with: Design Guideline 304 I.A. Project Entries, which states, “Major project entries should be designed as special statements reflective of the character of the project in order to establish identity for residents, commercial tenants, and visitors.
Special paving textures, flowering accents, and specimen trees should be used to reinforce the entry statement.”; Design Guideline 304 I.E. Decorative Paving, which states, “Decorative paving at project entries and interior project pedestrian areas should be used. This should consist of brick, tile, pavers, stamped concrete, or similar materials.”; and Design Guideline 305 III.G Entries, which states, “The main public entrance should be readily visible from the street, parking area, and pedestrian connection. Emphasis on the entry can be achieved by concentrating a secondary material at the entry with a major projection or recess.”;
8. Landscaping in the form of trees and low-height planting is provided along the property edges, and within the development, for compliance with Hillside Development policies, consistent with Design Guideline 304 I.D. Boundary Landscaping, which states, “Boundary landscaping should be installed along all property lines with at least one tree planted for every 30 lineal feet on average. Also, landscape mounding should be used along all arterial highways unless determined unfeasible by the Planning Commission or City Council as appropriate, due to safety or other site considerations.”;
9. The proposed buildings have flat roofs and a maximum height of 35 feet with building lengths close to 400 feet, to accommodate industrial-related uses.
Parapet walls are provided, with some corner portions extending higher than the rest of respective buildings to visually improve roof lines. The parapet walls also provide screening for rooftop equipment. Each building's front elevation consists of canopies, canopy signage, staggered suite entrances with an angled façade, landscaping, signage, a mix of wall materials that make up geometric patterns, and accent colors. Additionally, all other building elevations contain the same level of detail with the exception of the entry canopies and canopy signage, consistent with: Design Guideline 305 III.A.
Building Mass and Form, which states, “Massing should be simple and possess strongly integrated geometric forms. The massing should relate to the internal function and nature of the space it is intended to enclose. The building should contrast the solid mass of facade with the lighter elements of the entry. The facade should clearly identify and direct people to the entry.
The use of strong shadow lines created by recesses and projections are highly encouraged.”; Design Guideline 305 III.B. Articulation, which states, “Differentiation of building facades through the use of materials, colors, and architectural details is encouraged. One-sided architecture, where only the 1632
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dominant street frontage possesses articulation, should be avoided. If a separate parking structure is provided, the design should be integrated.”; Design Guideline 305 III.C. Roofs, which states, “The roof of a larger buildings should generally be flat with the minimum slope necessary for adequate drainage. The use of mansards and other pitched roofs on the major structures are discouraged. Gabled roofs may be acceptable for smaller buildings. Flat roofs should be surrounded by a parapet which is a continuation of the facade material.”; and Design Guideline 305 III.D.
Screening of Equipment, which states, “All roof equipment should be screened to prevent equipment being visible from an off-site horizontal line of sight. This can be done with either a parapet or screen wall designed to be an integral part of the building. Any roof-mounted equipment which is visible from an adjacent building or from surrounding terrain should be located in a compact, neat, and organized manner. Such equipment should be painted to match the surrounding roof surface. Exterior wall drainage, utilities, cabinets, and other systems should be integrated into the design.”; and
10.The predominant material is painted and textured concrete, with secondary materials such as glass and metal. The color palette consists of gray/blue tones as primary colors, and green, orange, and blue as accent colors, consistent with: Design Guideline 305 III.E., which states, “Wall materials are divided into two categories. Those dominant materials which comprise seventy (70) to ninety (90) percent of the building's elevation, should consist of painted or textured concrete, brick, split-faced block, or glass (not to exceed 70%). Glass should not have a reflective factor of greater than thirty percent.
The remaining accent or entry materials should consist of tile, plaster, glass block, stone, and some metals. Prohibited materials include wood siding, shingles, and pre-engineered types of metal siding. If covered parking or a parking structure is included, the design details and materials should be integrated and complement the major building.”; and Design Guideline 305 III.F., which states, “Dominant materials generally should be in the range of earth tone, gray, or off white. Secondary material colors should complement and act as a tasteful accent to the dominant material color.” D. As conditioned, the proposed development will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity, in that:
1. The project is proposed entirely within the property, and no part of the development encroaches into the public right-of-way. However, the applicant will plant trees in the future on the adjacent open space lot to the north of the project, in the event ownership of the adjacent lot authorizes the planting of trees on said space. Condition of Approval No. 4.13 requires the applicant to submit to and obtain approval from the City Planner, or designee, a landscape plan showing the location and type of trees to be planted;
2. All required parking for the project is provided on site; 1633
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3. Adequate trash enclosures are provided per CR&R Environmental Standards;
4. The project provides a pedestrian pathway along the south of the property for public access to the adjacent ridgeline trail;
5. Exterior site and landscaping lighting is provided throughout the site, subject to Building Code standards. Additionally, Condition of Approval No. 4.14 requires approval of a photometric plan prior to issuance of a Building Permit;
6. The project is subject to the California Building Code Standards, Orange County Fire Authority standards, and other applicable Code requirements;
7. The scope of the impacts from the proposed project was analyzed in the prior EIR that considered of the buildout of the Rancho San Clemente Specific Plan area, and no changes to the project site or its circumstances are occurring, nor is there new previously unavailable information, that could result in new or more severe impacts than the potential impacts analyzed in the prior EIR.
The proposed project will result in a reduction in the intensity of development and uses allowed on the site, thereby reducing the risk of any potential environmental impacts below those considered in the prior EIR, in that, the maximum Floor Area Ratio (FAR) in the Business Park zone is .5, or 451,935 square feet for the project site, and the proposed floor area is 234,714 square feet (.27 FAR);
8. The project also qualifies for streamlined review under CEQA Guidelines section 15183, which allows streamlined CEQA review for projects that are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was previously certified. However, Section 15183 still requires the lead agency to determine whether there are project-specific significant effects which are peculiar to the project or its site that were not analyzed as significant effects in the prior EIR; that are potentially significant off-site impacts and cumulative impacts that were not discussed in the prior EIR; or that are previously identified significant effects that, as a result of substantial new information that was not known at the time the EIR was certified, will have more severe adverse impacts than discussed in the prior EIR. In this case, the project is precisely the kind of project envisioned in the 1983 EIR, which was adopted for current general plan, community plan, and zoning requirements. There are no effects of the project that are peculiar or unique to the project site, nor are there any new or more severe potentially significant onsite or offsite impacts of the proposed project that were not already analyzed in the prior EIR. The project elements and associated conditions of approval implement the mitigation measures identified in the 1983 EIR. For these reasons, the project does not require further environmental review under CEQA per CEQA Guidelines section 15183; and
9. The proposed development is consistent with the General Plan and Rancho San Clemente Specific Plan.
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E. The proposed project is in character and compatible with the properties in the neighborhood, in that:
1. The project’s mass, scale, and form are compatible in character with surrounding industrial development in that the proposed buildings consist of one story with mezzanine levels, human scale elements such as entry canopies and man doors, typical industrial building footprints, and flat roofs.
Surrounding industrial buildings consist of one, two, and three-story buildings with flat roofs, and similar building footprints. The project and existing development generally consist of long uninterrupted wall planes as expected to accommodate industrial-related uses;
2. All required parking is provided on site with landscaping along parking areas; and
3. Project identification and landscaping is provided at entry points.
Section 4. Conditional Use Permit Findings
With respect to Conditional Use Permit (CUP) 25-223, for the commercial recreation use, the Planning Commission recommends that the City Council finds as follows:
A. The proposed use is permitted within the subject zone pursuant to the approval of a Conditional Use Permit and complies with all the applicable provisions of Title 17, the San Clemente General Plan and the purpose and intent of the zone in which the use is being proposed, in that:
1. The project consists of 74 adaptable tenant suites that can be combined and occupied by industrial-type uses, such as, medical offices, light manufacturing, professional offices, research and development, service uses, and warehouse/wholesale, and commercial recreation with a Conditional Use Permit. Additionally, an amenity hub is provided for tenants/employees with amenities such as a gym, golf simulator, and an ocean-view deck. The 74 new industrial suites totaling 234,714 square feet of floor area will increase job opportunities within the Business Park, while remaining compatible with surrounding development, consistent with the following developmental policies of the City: Industrial Land Use Goal, which states, “Create and maintain diverse employment opportunities located in areas that provide strategic advantages for employers to locate in San Clemente, provide headof-household jobs, generate municipal revenues, and improve quality of life, while minimizing impacts on surrounding neighborhoods.”; Rancho San Clemente Business Park Goal, which states, “Maintain and promote the Rancho San Clemente and Talega Business Parks as a premier office and industrial location for start-up businesses, expanding businesses, and for businesses relocating to San Clemente.”; and Land Use Element Policy 8.01 - Priorities, which states, “Pursuant to the Economic Development Strategy, we assign a high priority to those initiatives, investments, and development 1635
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approvals that contribute to our vision of the Rancho San Clemente Business Park as a premier office and industrial employment center that capitalizes on San Clemente’s access to the Orange County and San Diego County markets.”
B. The site is suitable for the type and intensity of use that is proposed, in that:
1. The commercial recreation use is restricted to operate within one building only, and Condition of Approval No. 7.5 limits the operation of a commercial recreation use to require no more than 76 parking spaces;
2. Condition of Approval No. 7.6 restricts drop-off/pick-up zones unless approved by the Planning Commission. This restriction facilitates vehicular and pedestrian circulation while other industrial-related uses are operating on site;
3. The project is proposed entirely within the property, and no part of the development encroaches into the public right-of-way. However, the applicant may plant trees in the future on the adjacent open space lot to the north of the project, in the event ownership of the adjacent lot authorizes the planting of trees on said space. Condition of Approval No. 4.13 requires the applicant to submit to and obtain approval from the City Planner, or designee, a landscape plan showing the location and type of trees to be planted;
4. All required parking for the project is provided on site;
5. Adequate trash enclosures are provided per CR&R Environmental Standards;
6. The scope of the impacts from the proposed project was analyzed in the prior EIR that considered of the buildout of the Rancho San Clemente Specific Plan area, and no changes to the project site or its circumstances are occurring, nor is there new previously unavailable information, that could result in new or more severe impacts than the potential impacts analyzed in the prior EIR.
The proposed project will result in a reduction in the intensity of development and uses allowed on the site, thereby reducing the risk of any potential environmental impacts below those considered in the prior EIR, in that, the maximum Floor Area Ratio (FAR) in the Business Park zone is .5, or 451,935 square feet for the project site, and the proposed floor area is 234,714 square feet (.27 FAR); and
7. The project also qualifies for streamlined review under CEQA Guidelines section 15183, which allows streamlined CEQA review for projects that are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was previously certified. However, Section 15183 still requires the lead agency to determine whether there are project-specific significant effects which are peculiar to the project or its site that were not analyzed as significant effects in the prior EIR; that are potentially significant off-site impacts and cumulative impacts that
EXHIBIT
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were not discussed in the prior EIR; or that are previously identified significant effects that, as a result of substantial new information that was not known at the time the EIR was certified, will have more severe adverse impacts than discussed in the prior EIR. In this case, the project is precisely the kind of project envisioned in the 1983 EIR, which was adopted for current general plan, community plan, and zoning requirements. There are no effects of the project that are peculiar or unique to the project site, nor are there any new or more severe potentially significant onsite or offsite impacts of the proposed project that were not already analyzed in the prior EIR. The project elements and associated conditions of approval implement the mitigation measures identified in the 1983 EIR. For these reasons, the project does not require further environmental review under CEQA per CEQA Guidelines section 15183.
C. As conditioned, the proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity, in that:
1. The commercial recreation use is restricted to operate within one building only, and Condition of Approval No. 7.5 limits the operation of a commercial recreation use to require no more than 76 parking spaces;
2. Condition of Approval No. 7.6 restricts queuing and drop-offs/pick-ups on drive aisles unless a revised site plan which accommodates queuing and drop-offs/pick-ups is approved by the Planning Commission. Additionally, Condition of Approval No. 7.9 requires all customers to park and walk to their destination. These conditions of approval facilitate vehicular and pedestrian circulation while other industrial-related uses are operating on site. The applicant is also required, as a Condition of Approval, to incorporate the restrictions and requirements above in CC&Rs;
3. Condition of Approval No. 7.7 requires commercial recreation classes to be staggered by a minimum of ten minutes in between the end and start of each class;
4. Condition of Approval No. 7.8 requires that property management maintain and provide to the Planning Division an updated parking table that tracks the amount of parking spaces available as suites are occupied;
5. The project is proposed entirely within the property, and no part of the development encroaches into the public right-of-way. However, the applicant may plant trees in the future on the adjacent open space lot to the north of the project, in the event ownership of the adjacent lot authorizes the planting of trees on said space. Condition of Approval No. 4.13 requires the applicant to submit to and obtain approval from the City Planner, or designee, a landscape plan showing the location and type of trees to be planted;
6. All required parking for the project is provided on site; 1637
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7. Adequate trash enclosures are provided per CR&R Environmental Standards;
8. The project provides a pedestrian pathway along the south of the property for public access to the adjacent ridgeline trail;
9. Exterior site and landscaping lighting is provided throughout the site, subject to Building Code standards. Additionally, Condition of Approval No. 4.14 requires approval of a photometric plan prior to issuance of a Building Permit;
10.The project is subject to the California Building Code Standards, Orange County Fire Authority standards, and other applicable Code requirements;
11.The scope of the impacts from the proposed project was analyzed in the prior EIR that considered of the buildout of the Rancho San Clemente Specific Plan area, and no changes to the project site or its circumstances are occurring, nor is there new previously unavailable information, that could result in new or more severe impacts than the potential impacts analyzed in the prior EIR.
The proposed project will result in a reduction in the intensity of development and uses allowed on the site, thereby reducing the risk of any potential environmental impacts below those considered in the prior EIR, in that, the maximum Floor Area Ratio (FAR) in the Business Park zone is .5, or 451,935 square feet for the project site, and the proposed floor area is 234,714 square feet (.27 FAR);
12.The project also qualifies for streamlined review under CEQA Guidelines section 15183, which allows streamlined CEQA review for projects that are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was previously certified. However, Section 15183 still requires the lead agency to determine whether there are project-specific significant effects which are peculiar to the project or its site that were not analyzed as significant effects in the prior EIR; that are potentially significant off-site impacts and cumulative impacts that were not discussed in the prior EIR; or that are previously identified significant effects that, as a result of substantial new information that was not known at the time the EIR was certified, will have more severe adverse impacts than discussed in the prior EIR. In this case, the project is precisely the kind of project envisioned in the 1983 EIR, which was adopted for current general plan, community plan, and zoning requirements. There are no effects of the project that are peculiar or unique to the project site, nor are there any new or more severe potentially significant onsite or offsite impacts of the proposed project that were not already analyzed in the prior EIR. The project elements and associated conditions of approval implement the mitigation measures identified in the 1983 EIR. For these reasons, the project does not require further environmental review under CEQA per CEQA Guidelines section 15183; and
13.The project site is in a developed area where public services and utilities are available to support the project.
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D. As conditioned, the proposed use will not negatively impact surrounding land uses, in that:
1. The commercial recreation use is restricted to operate within one building only, and Condition of Approval No. 7.5 limits the operation of a commercial recreation use to require no more than 76 parking spaces;
2. Condition of Approval No. 7.6 restricts queuing and drop-offs/pick-ups on drive aisles unless a revised site plan which accommodates queuing and drop-offs/pick-ups is approved by the Planning Commission. Additionally, Condition of Approval No. 7.9 requires all customers to park and walk to their destination. These conditions of approval facilitate vehicular and pedestrian circulation while other industrial-related uses are operating on site. The applicant is also required, as a Condition of Approval, to incorporate the restrictions and requirements above in CC&Rs (Condition of Approval No.
2.6);
3. Condition of Approval No. 7.7 requires commercial recreation classes to be staggered by a minimum of ten minutes in between the end and start of each class;
4. Condition of Approval No. 7.8 requires that property management maintain and provide to the Planning Division an updated parking table that tracks the amount of parking spaces available as suites are occupied;
5. The project is proposed entirely within the property, and no part of the development encroaches into the public right-of-way. However, the applicant may plant trees in the future on the adjacent open space lot to the north of the project, in the event ownership of the adjacent lot authorizes the planting of trees on said space. Condition of Approval No. 4.13 requires the applicant to submit to and obtain approval from the City Planner, or designee, a landscape plan showing the location and type of trees to be planted;
6. All required parking for the project is provided on site;
7. Adequate trash enclosures are provided per CR&R Environmental Standards;
8. The project provides a pedestrian pathway along the south of the property for public access to the adjacent ridgeline trail;
9. Exterior site and landscaping lighting is provided throughout the site, subject to Building Code standards. Additionally, Condition of Approval No. 4.14 requires approval of a photometric plan prior to issuance of a Building Permit;
10.The project is subject to the California Building Code Standards, Orange County Fire Authority standards, and other applicable Code requirements;
11.The scope of the impacts from the proposed project was analyzed in the prior 1639
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EIR that considered of the buildout of the Rancho San Clemente Specific Plan area, and no changes to the project site or its circumstances are occurring, nor is there new previously unavailable information, that could result in new or more severe impacts than the potential impacts analyzed in the prior EIR.
The proposed project will result in a reduction in the intensity of development and uses allowed on the site, thereby reducing the risk of any potential environmental impacts below those considered in the prior EIR, in that, the maximum Floor Area Ratio (FAR) in the Business Park zone is .5, or 451,935 square feet for the project site, and the proposed floor area is 234,714 square feet (.27 FAR);
12.The project also qualifies for streamlined review under CEQA Guidelines section 15183, which allows streamlined CEQA review for projects that are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was previously certified. However, Section 15183 still requires the lead agency to determine whether there are project-specific significant effects which are peculiar to the project or its site that were not analyzed as significant effects in the prior EIR; that are potentially significant off-site impacts and cumulative impacts that were not discussed in the prior EIR; or that are previously identified significant effects that, as a result of substantial new information that was not known at the time the EIR was certified, will have more severe adverse impacts than discussed in the prior EIR. In this case, the project is precisely the kind of project envisioned in the 1983 EIR, which was adopted for current general plan, community plan, and zoning requirements. There are no effects of the project that are peculiar or unique to the project site, nor are there any new or more severe potentially significant onsite or offsite impacts of the proposed project that were not already analyzed in the prior EIR. The project elements and associated conditions of approval implement the mitigation measures identified in the 1983 EIR. For these reasons, the project does not require further environmental review under CEQA per CEQA Guidelines section 15183.
13.The project site is in a developed area where public services and utilities are available to support the project.
Section 5. Discretionary Sign Permit Findings
With respect to Discretionary Sign Permit (DP) 25-263, for the Master Sign Program, the Planning Commission recommends that the City Council find as follows:
A. The design, including lighting, scale, length and materials, of the signs is consistent with the intent of the design elements of the General Plan, Design Guidelines, and Rancho San Clemente Specific Plan in which the sign is to be located, in that, the proposed signage consists of a monument sign, project identification signs, and tenant building and canopy signs made of flat cutout aluminum letters/numbers to be mounted with stainless steel hardware and painted with satin colors. Illumination consists of halo-lighting on the project 1640
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identification signs located at each entry, and low-profile LED lighting on the monument sign. Tenant building and canopy signs are non-illuminated. Tenant and canopy signage is appropriately placed within each suite’s façade and above each suite’s entry. Signage for the corner suites consists of two signs – one at the front elevation and one at the side elevation – that are placed higher on the building than the inline tenants. The higher placement of the corner suite signage is appropriate given that the parapet walls above the corner suites extend higher than the rest of the building’s height, allowing for more space between the top of the text and the roofline. The only sign allowed for inline tenants would be at the front elevation, not counting window signage. Window signage is allowed up to 25% of the respective glass panel surface area, and for tenant identification. The monument sign and project identification signs would be mounted on structures made of concrete and aluminum, compatible with the project’s architecture and materials;
B. The design, scale and materials of the signs harmonize with the architectural design and details of the building or site it serves, in that, the proposed signage consists of a monument sign, project identification signs, and tenant building and canopy signs made of flat cutout aluminum letters/numbers to be mounted with stainless steel hardware and painted with satin colors. Illumination consists of halo-lighting on the project identification signs located at each entry, and lowprofile LED lighting on the monument sign. Tenant building and canopy signs are non-illuminated. Tenant and canopy signage is appropriately placed within each suite’s façade and above each suite’s entry. Signage for the corner suites consists of two signs – one at the front elevation and one at the side elevation – that are placed higher on the building than the inline tenants. The higher placement of the corner suite signage is appropriate given that the parapet walls above the corner suites extend higher than the rest of the building’s height, allowing for more space between the top of the text and the roofline. The only sign allowed for inline tenants would be at the front elevation, not counting window signage. Window signage is allowed up to 25% of the respective glass panel surface area, and for tenant identification. The monument sign and project identification signs would be mounted on structures made of concrete and aluminum, compatible with the project’s architecture and materials; C. The design and scale of the signs is appropriate to the distance from which the signs are normally viewed, in that, tenant building and canopy signs are nonilluminated, and the majority of signage is visible from within the development, and any signage facing north, would either be partially of fully screened by trees.
Tenant and canopy signage is appropriately placed within each suite’s façade and above each suite’s entry. Signage for the corner suites consists of two signs – one at the front elevation and one at the side elevation – that are placed higher on the building than the inline tenants. The higher placement of the corner suite signage is appropriate given that the parapet walls above the corner suites extend higher than the rest of the building’s height, allowing for more space between the top of the text and the roofline. The only sign allowed for inline tenants would be at the front elevation, not counting window signage. Window signage is allowed up to 25% of the respective glass panel surface area, and for tenant identification; 1641
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D. The design and materials of the signs provide a contrast between the background and letters, in that, the buildings consist of a variety of concrete patterns and textures, and an earth tone gray/blue primary color palette; E. The provisions of the Master Sign Program ensure consistency in design and style of all new signs, in that, tenant signage is limited to a consistent size with no illumination, flat cutout aluminum letters to be painted a satin color. Additionally, illumination for the project identification signs and monument sign is clearly indicated in the Master Sign Program. An elevation drawing is provided which shows the perimeters for new building signs; and
F. All new signs within the Master Sign Program are in compliance with the sign design standards, in that, all signs are required to be of a permanent material such as aluminum, all support hardware is made up of steel and compatible with the project’s architecture and design, all building signs are non-illuminated, lighting for the project identification signs and the monument sign is provided in a manner (halo-lighting and low-profile) which minimizes light or glare upon adjacent residential properties and the public right-of-way, and landscaping is provided around the project identification signs and the monument sign.
Section 6. Tentative Tract Map Findings
With respect to Tentative Tract Map (TTM) 25-263, for the land and condominium subdivision, the Planning Commission recommends that the City Council find as follows:
A. As conditioned, the site is physically suitable for the type of development, in that:
1. The proposed buildings will be served by common infrastructure and site features such as drive aisles and parking;
2. Proposed lot sizes are consistent with the minimum required lot size of 10,000 square feet within the Business Park Zone and surrounding pattern of development;
3. The project is proposed entirely within the property, and no part of the development encroaches into the public right-of-way. However, the applicant will plant trees in the future on the adjacent open space lot to the north of the project, in the event ownership of the adjacent lot authorizes the planting of trees on said space. Condition of Approval No. 4.13 requires the applicant to submit to and obtain approval from the City Planner, or designee, a landscape plan showing the location and type of trees to be planted;
4. All required parking for the project is provided on site;
5. Adequate trash enclosures are provided per CR&R Environmental Standards; 1642
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6. The project site is in a developed area where public services and utilities are available to support the project;
7. The scope of the impacts from the proposed project was analyzed in the prior EIR that considered of the buildout of the Rancho San Clemente Specific Plan area, and no changes to the project site or its circumstances are occurring, nor is there new previously unavailable information, that could result in new or more severe impacts than the potential impacts analyzed in the prior EIR.
The proposed project will result in a reduction in the intensity of development and uses allowed on the site, thereby reducing the risk of any potential environmental impacts below those considered in the prior EIR, in that, the maximum Floor Area Ratio (FAR) in the Business Park zone is .5, or 451,935 square feet for the project site, and the proposed floor area is 234,714 square feet (.27 FAR);
8. The project also qualifies for streamlined review under CEQA Guidelines section 15183, which allows streamlined CEQA review for projects that are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was previously certified. However, Section 15183 still requires the lead agency to determine whether there are project-specific significant effects which are peculiar to the project or its site that were not analyzed as significant effects in the prior EIR; that are potentially significant off-site impacts and cumulative impacts that were not discussed in the prior EIR; or that are previously identified significant effects that, as a result of substantial new information that was not known at the time the EIR was certified, will have more severe adverse impacts than discussed in the prior EIR. In this case, the project is precisely the kind of project envisioned in the 1983 EIR, which was adopted for current general plan, community plan, and zoning requirements. There are no effects of the project that are peculiar or unique to the project site, nor are there any new or more severe potentially significant onsite or offsite impacts of the proposed project that were not already analyzed in the prior EIR. The project elements and associated conditions of approval implement the mitigation measures identified in the 1983 EIR. For these reasons, the project does not require further environmental review under CEQA per CEQA Guidelines section 15183.
B. As conditioned, the site is physically suitable for the proposed density of the development, in that:
1. The proposed buildings will be served by common infrastructure and site features such as drive aisles and parking;
2. Proposed lot sizes are consistent with the minimum required lot size of 10,000 square feet within the Business Park Zone and surrounding pattern of development;
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3. The project is proposed entirely within the property, and no part of the development encroaches into the public right-of-way. However, the applicant will plant trees in the future on the adjacent open space lot to the north of the project, in the event ownership of the adjacent lot authorizes the planting of trees on said space. Condition of Approval No. 4.13 requires the applicant to submit to and obtain approval from the City Planner, or designee, a landscape plan showing the location and type of trees to be planted;
4. All required parking for the project is provided on site;
5. Adequate trash enclosures are provided per CR&R Environmental Standards;
6. The project site is in a developed area where public services and utilities are available to support the project;
7. The scope of the impacts from the proposed project was analyzed in the prior EIR that considered of the buildout of the Rancho San Clemente Specific Plan area, and no changes to the project site or its circumstances are occurring, nor is there new previously unavailable information, that could result in new or more severe impacts than the potential impacts analyzed in the prior EIR.
The proposed project will result in a reduction in the intensity of development and uses allowed on the site, thereby reducing the risk of any potential environmental impacts below those considered in the prior EIR, in that, the maximum Floor Area Ratio (FAR) in the Business Park zone is .5, or 451,935 square feet for the project site, and the proposed floor area is 234,714 square feet (.27 FAR);
8. The project also qualifies for streamlined review under CEQA Guidelines section 15183, which allows streamlined CEQA review for projects that are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was previously certified. However, Section 15183 still requires the lead agency to determine whether there are project-specific significant effects which are peculiar to the project or its site that were not analyzed as significant effects in the prior EIR; that are potentially significant off-site impacts and cumulative impacts that were not discussed in the prior EIR; or that are previously identified significant effects that, as a result of substantial new information that was not known at the time the EIR was certified, will have more severe adverse impacts than discussed in the prior EIR. In this case, the project is precisely the kind of project envisioned in the 1983 EIR, which was adopted for current general plan, community plan, and zoning requirements. There are no effects of the project that are peculiar or unique to the project site, nor are there any new or more severe potentially significant onsite or offsite impacts of the proposed project that were not already analyzed in the prior EIR. The project elements and associated conditions of approval implement the mitigation measures identified in the 1983 EIR. For these reasons, the project does not require further environmental review under CEQA per CEQA Guidelines section 15183.
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C. As conditioned, the design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, in that:
1. The proposed buildings will be served by common infrastructure and site features such as drive aisles and parking;
2. Proposed lot sizes are consistent with the minimum required lot size of 10,000 square feet within the Business Park Zone and surrounding pattern of development;
3. The project is proposed entirely within the property, and no part of the development encroaches into the public right-of-way. However, the applicant will plant trees in the future on the adjacent open space lot to the north of the project, in the event ownership of the adjacent lot authorizes the planting of trees on said space. Condition of Approval No. 4.13 requires the applicant to submit to and obtain approval from the City Planner, or designee, a landscape plan showing the location and type of trees to be planted;
4. All required parking for the project is provided on site;
5. Adequate trash enclosures are provided per CR&R Environmental Standards;
6. The project site is in a developed area where public services and utilities are available to support the project;
7. The scope of the impacts from the proposed project was analyzed in the prior EIR that considered of the buildout of the Rancho San Clemente Specific Plan area, and no changes to the project site or its circumstances are occurring, nor is there new previously unavailable information, that could result in new or more severe impacts than the potential impacts analyzed in the prior EIR.
The proposed project will result in a reduction in the intensity of development and uses allowed on the site, thereby reducing the risk of any potential environmental impacts below those considered in the prior EIR, in that, the maximum Floor Area Ratio (FAR) in the Business Park zone is .5, or 451,935 square feet for the project site, and the proposed floor area is 234,714 square feet (.27 FAR); and
8. The project also qualifies for streamlined review under CEQA Guidelines section 15183, which allows streamlined CEQA review for projects that are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was previously certified. However, Section 15183 still requires the lead agency to determine whether there are project-specific significant effects which are peculiar to the project or its site that were not analyzed as significant effects in the prior EIR; that are potentially significant off-site impacts and cumulative impacts that were not discussed in the prior EIR; or that are previously identified significant effects that, as a result of substantial new information that was not known at 1645
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the time the EIR was certified, will have more severe adverse impacts than discussed in the prior EIR. In this case, the project is precisely the kind of project envisioned in the 1983 EIR, which was adopted for current general plan, community plan, and zoning requirements. There are no effects of the project that are peculiar or unique to the project site, nor are there any new or more severe potentially significant onsite or offsite impacts of the proposed project that were not already analyzed in the prior EIR. The project elements and associated conditions of approval implement the mitigation measures identified in the 1983 EIR. For these reasons, the project does not require further environmental review under CEQA per CEQA Guidelines section 15183.
D. As conditioned, the design of the subdivision or the type of improvements is not likely to cause serious public health problems, in that:
1. The subdivision will create buildings and/or suites for separate ownership of spaces used to support business park-oriented uses within an existing business park, and separated from residential uses by 420 feet. Additionally, separate discharge and AQMD permits will be required as applicable;
2. The proposed buildings will be served by common infrastructure and site features such as drive aisles and parking;
3. Proposed lot sizes are consistent with the minimum required lot size of 10,000 square feet within the Business Park Zone and surrounding pattern of development;
4. The project is proposed entirely within the property, and no part of the development encroaches into the public right-of-way. However, the applicant will plant trees in the future on the adjacent open space lot to the north of the project, in the event ownership of the adjacent lot authorizes the planting of trees on said space. Condition of Approval No. 4.13 requires the applicant to submit to and obtain approval from the City Planner, or designee, a landscape plan showing the location and type of trees to be planted;
5. All required parking for the project is provided on site;
6. Adequate trash enclosures are provided per CR&R Environmental Standards;
7. The project site is in a developed area where public services and utilities are available to support the project;
8. The scope of the impacts from the proposed project was analyzed in the prior EIR that considered of the buildout of the Rancho San Clemente Specific Plan area, and no changes to the project site or its circumstances are occurring, nor is there new previously unavailable information, that could result in new or more severe impacts than the potential impacts analyzed in the prior EIR.
The proposed project will result in a reduction in the intensity of development 1646
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and uses allowed on the site, thereby reducing the risk of any potential environmental impacts below those considered in the prior EIR, in that, the maximum Floor Area Ratio (FAR) in the Business Park zone is .5, or 451,935 square feet for the project site, and the proposed floor area is 234,714 square feet (.27 FAR); and
9. The project also qualifies for streamlined review under CEQA Guidelines section 15183, which allows streamlined CEQA review for projects that are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was previously certified. However, Section 15183 still requires the lead agency to determine whether there are project-specific significant effects which are peculiar to the project or its site that were not analyzed as significant effects in the prior EIR; that are potentially significant off-site impacts and cumulative impacts that were not discussed in the prior EIR; or that are previously identified significant effects that, as a result of substantial new information that was not known at the time the EIR was certified, will have more severe adverse impacts than discussed in the prior EIR. In this case, the project is precisely the kind of project envisioned in the 1983 EIR, which was adopted for current general plan, community plan, and zoning requirements. There are no effects of the project that are peculiar or unique to the project site, nor are there any new or more severe potentially significant onsite or offsite impacts of the proposed project that were not already analyzed in the prior EIR. The project elements and associated conditions of approval implement the mitigation measures identified in the 1983 EIR. For these reasons, the project does not require further environmental review under CEQA per CEQA Guidelines section 15183.
E. As conditioned, the subdivision, with its provisions for any design and improvements, is consistent with the General Plan and any applicable specific plan, in that:
1. The project consists of high-quality contemporary architecture and landscaping, with 74 adaptable tenant suites that can be combined and occupied by industrial-type uses, such as, medical offices, light manufacturing, professional offices, research and development, service uses, and warehouse/wholesale, and commercial recreation with a Conditional Use Permit. Additionally, an amenity hub is provided for tenants/employees with amenities such as a gym, golf simulator, and an ocean-view deck. The 74 new industrial suites totaling 234,714 square feet of floor area will increase job opportunities within the Business Park, while remaining compatible with surrounding development, consistent with the following developmental policies of the City: Industrial Land Use Goal, which states, “Create and maintain diverse employment opportunities located in areas that provide strategic advantages for employers to locate in San Clemente, provide headof-household jobs, generate municipal revenues, and improve quality of life, while minimizing impacts on surrounding neighborhoods.”; Rancho San Clemente Business Park Goal, which states, “Maintain and promote the 1647
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Rancho San Clemente and Talega Business Parks as a premier office and industrial location for start-up businesses, expanding businesses, and for businesses relocating to San Clemente.”; and Land Use Element Policy 8.01 - Priorities, which states, “Pursuant to the Economic Development Strategy, we assign a high priority to those initiatives, investments, and development approvals that contribute to our vision of the Rancho San Clemente Business Park as a premier office and industrial employment center that capitalizes on San Clemente’s access to the Orange County and San Diego County markets.”;
2. The project consists of adequate setbacks between the buildings and streets, and between each building, for compliance with minimum setback requirements and drive aisles meeting OCFA and CR&R standards.
Prominent landscaped buffers are proposed on the west and east side of the project adjacent to the streets. To the north of and adjacent to the project site is a landscaped strip of land zoned as open space (OS2), providing a natural buffer between the project and the nearest developed site to the north. The project includes a small landscaped buffer with a pedestrian walkway on the south side of the project site, for access to the adjacent ridgeline trail, consistent with General Plan Policy UD-3.03 – Buffers and Setbacks, which states, “We require that new uses and buildings, characterized by differing functions, activities, density, scale and massing, to provide conditions of approval, landscaped buffers and/or setbacks between uses to prevent or reduce adverse impacts.”;
3. The project’s mass, scale, and form are compatible in character with surrounding industrial development in that the proposed buildings consist of one story with mezzanine levels, human scale elements such as entry canopies and man doors, typical industrial building footprints, and flat roofs.
Surrounding industrial buildings consist of one, two, and three-story buildings with flat roofs, and similar building footprints. The project and existing development generally consist of long uninterrupted wall planes as expected to accommodate industrial-related uses, consistent with General Plan Policy UD-5.10 – Scale and Massing, which states, “We require that the scale and massing of development be compatible with its surroundings and with the General Plan, applicable specific plan and or area plan.”;
4. The site has a downward slope from east to west with a grade difference of 100 feet, and sits at the highest point within the Business Park below a ridgeline, outside of any public view corridor. The proposed development has two zones - a higher pad on the east side with seven buildings and a lower pad on the west side with four buildings, with a landscaped buffer in between both pads, consistent with General Plan Policy UD-5.14 – Building Design with Topography, which states, “Building design shall consider the site’s natural topography, public view corridors and adjacent building profiles so that canyonization is avoided.”;
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5. Proposed landscaping consists of drought-tolerant and native species primarily on the development's edges and throughout the development, consistent with General Plan Policy UD-5.18 – Drought Tolerant/Native Species Landscaping, which states, “Ornamental plantings in new, nonresidential development should consist primarily of drought tolerant and California native species. Only in small areas and special public locations, such as high-use areas of parks, should lawns or other high water use vegetation be used.”;
6. The project incorporates bicycle- and pedestrian-oriented features such as walkways, an amenity hub, and bicycle parking throughout the development.
The project supports recreational goals by providing a walkway that connects to the ridgeline trail. Additionally, the project also provides a shower within the amenity hub to encourage active transportation to the development, consistent with General Plan Policy M-2.48 – Bicycle- and Pedestrian Oriented Site Design, which states, “The project incorporates bicycle- and pedestrian-oriented features such as walkways, an amenity hub, and bicycle parking throughout the development. The project supports recreational goals by providing a walkway that connects to the ridgeline trail. Additionally, the project also provides a shower within the amenity hub to encourage active transportation to the development.”; and
7. The project is conditioned to comply with Trip Reduction and Travel Demand Management standards pursuant to SCMC 17.76 (Condition of Approval
4.15).
F. As conditioned, the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, in that, easements for public access and public utility purposes will be quitclaimed, partially quitclaimed, and relocated.
Section 4. Planning Commission Recommendation.
Based on the entire record, including all written and oral evidence presented to the Planning Commission, and the findings made and evidence discussed in the staff report and this Resolution, the Planning Commission hereby recommends that the City Council adopt a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN CLEMENTE, CALIFORNIA, CONDITIONALLY APPROVING DEVELOPMENT PERMIT 25-224, CONDITIONAL USE PERMIT 25-223, DISCRETIONARY SIGN PERMIT 25-263, TENTATIVE TRACT MAP 25-225, LUMINAR BUSINESS PARK, TO ALLOW THE CONSTRUCTION OF A NEW INDUSTRIAL COMPLEX WITH 11 NEW
BUILDINGS ON VACANT LAND, IN CONJUNCTION WITH A MASTER SIGN
PROGRAM, AND A LAND AND CONDOMINIUM SUBDIVISION FOR INDIVIDUAL OWNERSHIP OF EACH BUILDING/SUITE, LOCATED AT 1000 CALLE CORDILLERA,
AND FINDING THAT NO SUPPLEMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IS NECESSARY (14 CCR 15162 AND 15183)” substantially similar to this resolution.
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PASSED AND ADOPTED at a regular meeting of the City of San Clemente Planning Commission on August 20, 2025.
___________________________________
Chair
CERTIFICATION:
I HEREBY CERTIFY this Resolution was adopted at a regular meeting of the City of San Clemente Planning Commission on August 20, 2025, carried by the following roll call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
_______________________________________
Secretary of the Planning Commission
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Resolution No. PC 25-012 EXHIBIT A
CONDITIONS OF APPROVAL
DEVELOPMENT PERMIT 25-224, CONDITIONAL USE PERMIT 25-223, DISCRETIONARY SIGN PERMIT 25-263, TENTATIVE TRACT MAP 25-225
LUMINAR BUSINESS PARK
1.0 GENERAL CONDITIONS OF APPROVAL
1.1 Within 30 days of approval of this application, the applicant shall submit to the City Planner a signed acknowledgement concurring with all conditions of approval on a form to be provided by the City.
Failure to submit this acknowledgement may be grounds to revoke this approval.
Planning
1.2 The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City of San Clemente and its officers, employees, and agents from and against any claim, action, proceeding, fines, damages, expenses, and attorneys’ fees, against the City, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Planner, Zoning Administrator, or City employees or environmental finding. Applicant shall pay all costs upon request by the City. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter at the applicant’s expense. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter at the applicant’s cost. If the applicant fails to so defend the matter, the City shall have the right, at its own option, to do so and, if it does, the applicant shall promptly pay the City's full cost of the defense.
Planning
1.3 Use and development of this property shall be in substantial conformance with the approved plans, material boards and other applicable information submitted with this application, and with these conditions of approval.
Planning
1.4 The applicant shall comply with all applicable current and future provisions of the San Clemente Municipal Code, adopted
ordinances, and state laws.
All
1.5 Use of the subject property shall conform to all occupancy requirements, including posting of signs related to the maximum occupancy limitations.
Code
Comp
1.6 Development Permit 25-224/Conditional Use Permit 25-223/ Discretionary Sign Permit 25-263 shall be deemed to have expired Planning
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Exhibit A
if within three years of approval the project is not commenced, or the project permitted by the approved application has lapsed, as defined by Zoning Ordinance Section 17.12.150. Expirations and time extensions for Tentative Tract Map 25-225 are subject to Subdivisions Ordinance (Title 16).
1.7 Within five business days of project approval, the applicant shall submit to the Planning Division a check made payable to the Orange County Clerk-Recorder in the amount of $50 for filing the CEQA Notice.
Planning
1.8 The applicant shall promptly pay and replenish an estimate of and any outstanding balance for City reviews, such as the WQMP review, CC&R review, and any other deposit account expenses related to this project within 10 days’ notice from the City of any deposit or replenishment request or notice of outstanding balance.
Planning
2.0 PRIOR TO APPROVAL OF A FINAL MAP
2.1 The final map shall indicate that all streets, drainage, storm drains, sewer, street lights, street signage and striping improvements within the interior of this subdivision are private and shall be maintained by the Master Association and/or Sub-association, or such other provision for maintenance which may be subsequently approved by the City Council. (SCMC Section 16.36.030)
Public
Works
2.2 Prior to recordation of the final map, the applicant shall submit to the City Engineer evidence that the County Surveyor has approved a digitized tract/parcel map pursuant to Orange County Ordinance No. 3809 dated January 28, 1991. The owner or designee shall pay for all costs of said digital submittals, including supplying digital copies to the City of the final, County Surveyor-approved digital map in DXF format.
Public
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Buyer Notification
2.3 The applicant shall submit to the City Planner and obtain approval from the City Attorney’s Office of a buyer's notification disclosure form, to be given to all potential buyers of the lots/units, which indicates the existence, operations, characteristics, and potential exposure to nuisance/objectionable odors/risk of upset/hazards of the following:
Prima Deshecha Landfill
TRW
United States Marine Corps, Camp Pendleton
San Onofre Nuclear Generating Station
Planning
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Resolution No. PC 25-012 Page 3
Exhibit A
Ford Aerospace
Fire hazard due to wildland exposure (Fire - FP16)
The Forster Ranch ridgeline trail and connections
Orange County Flood Control Channel
City of San Clemente Wastewater Treatment Plant
Owens-Illinois Sand and Gravel Operation
Condominium Conversion
2.4 The applicant shall demonstrate to the satisfaction of the City Planner that each existing tenant has received the following notices:
A. Ten days' written notification by mail that an application for a public report will be, or has been, submitted to the
Department of Real Estate, and that such report will be available on request.
B. Written notification by mail of the intention to convert 180 days prior to the termination of tenancy due to the
conversion.
C. Notice of an exclusive right to contract for the purchase of the tenant's respective unit upon the same terms and
conditions that such unit will be initially offered to the general public, or terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report, unless the tenant gives prior written notice of the intent to not exercise the right.
Planning
Covenants, Conditions & Restrictions (CC&Rs)
2.5 The applicant shall submit to the City Planner, and obtain approval from the City Planner, City Engineer, Fire Chief and City Attorney’s Office of Covenants, Conditions and Restrictions (CC&R's) which shall include the following provisions:
A. Creation of a Master Association and/or a Sub-association for the purpose of providing for control over the uniformity of boundary fencing, and the perpetual maintenance
responsibility of areas including, but not limited to, (delete or add as appropriate) all common areas, open space,
slopes, fuel modification zones, private medians and
greenbelts, arterial highway parkway landscaping, irrigation systems, landscaped areas, walls, driveways, parking
areas, trash areas, structures, private streets, street lights, and drainage. All streets, drainage, street lights, street signage and striping improvements within the interior of the subdivision designated as private shall remain private and shall be maintained by the Master Association and/or Subassociation, or such other provision for maintenance which Planning
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Fire
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Resolution No. PC 25-012 Page 4
Exhibit A
may be subsequently approved by the City Council. In
addition, the CC&R's shall indicate all other areas to be owned and maintained by the Master Association and/or
Sub-association and that maintenance of all private
drainage facilities shall be in conformance with NPDES
requirements.
B. Within 15 days of the establishment of the homeowners association and/or the commercial property owners
association, the owner or designee is required to furnish the Board or Officers of each association a copy of each
approved tract map, a copy of the approved site and fencing plan, copies of all approved landscaping plans, a complete set of construction plans for the various residential model types, and approved plans indicating the locations and
characteristics of all major project components, utilities, and related data.
C. Following recordation of each final tract map, each Master Association of this tract shall submit to the City Planner, for distribution to the Fire and Beaches, Parks and Recreation Departments, and shall re-submit annually, a list of all current Property Owner Association officers of the
Association.
D. A statement indicating that open space (as provided in Lots C, D, & E) shall be retained by deed restriction as
designated open space in perpetuity and maintained by a Master Association and/or the Sub-association, and that no development or encroachment shall be permitted within the designated open space.
E. A statement indicating that proposed amendments to any of the CC&R's shall be submitted for review to the City
Planner, and shall be approved by the City Attorney’s Office, prior to the amendments being valid.
.
F. A statement indicating that storm drain facilities shall be inspected regularly as follows:
1) Open channels, catch basins and pipelines inspected
annually before storm season and removal of debris as
necessary.
2) All facilities shall have debris and sediment removed either manually or by mechanical methods. Flushing
shall be used in emergency situations only.
G. A statement obligating the Association(s) to provide to the City Engineer annual reports in the month of June in
compliance with the reporting requirements of codes and ordinances adopted by the City with respect to the NPDES program.
H. Identification of all fire prevention and defense provisions including: a) a fire lane map; b) provisions which prohibit 1654
Resolution No. PC 25-012 Page 5
Exhibit A
parking in fire lanes and a method of enforcement; and c) provisions for maintenance of fuel modification zones
including the removal of all dead and dying vegetation and the inspection and correction of any deficiencies in the irrigation system three times a year; and a method for
keeping fire protection access easements unobstructed. A statement shall acknowledge that approval of the Chief of Fire Protection Services shall be required for any
modifications such as speed bumps, control gates, or
parking changes.
I. A statement indicating that the commercial recreation use allowed in Building 1 shall operate as follows:
1) The commercial recreation use shall operate in a
manner that does not require more than 76 parking
spaces;
2) Commercial recreation classes shall be staggered by a minimum of ten minutes in between the end and start of
each class, and all schedules on business flyers and
social media platforms shall reflect the ten-minute gap. 3) A statement indicating that schools, and day cares are not allowed, unless entitlements are approved by the
City and CC&Rs are amended to allow schools and day
cares.
4) A statement indicating that drop-off/pick-up zones are not allowed unless an amendment to the project is
approved by the Planning Commission.
5) A statement indicating that the property
manager/association shall be responsible for
maintaining and providing to the Planning Division an
updated parking table that tracks the amount of parking spaces available as suites are occupied.
K. A statement incorporating the following Conditions of Approval into the CC&R’s:
1) Bicycle parking and locker facilities shall be provided in a secure location for use by employees or tenants who
commute to the site by bicycle. The number of
facilities/racks to be provided shall be at the rate of at least five racks for every 100 employees or fraction thereof. 2) All customers shall park in a designated parking space and walk to their destination.
3) A commuter information area shall be provided that offers employees appropriate information on available
transportation alternatives to the single-occupancy vehicle.
This area shall be centrally located and accessible to all employees or tenants.
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Resolution No. PC 25-012 Page 6
Exhibit A
2.6 The applicant shall provide a deposit for and reimburse the City all costs associated with review of the project CC&Rs, Disclosure Statements, and any other applicable documents by the City Attorney’s Office.
Planning
Easements
2.7 The final map shall depict the location of all easements for open space, trails, water and sewer easements, storm drains and storm drain maintenance access, public street lights, utilities, reciprocal access, emergency access, slopes and slope maintenance, and landscaping. All drainage easements shall be a minimum of 15 feet. No drainage facilities accepted for dedication or maintenance by the City shall be located within slopes. (SCMC Section
16.28.030)
Public
Works
2.8 The applicant shall demonstrate to the satisfaction of the City Engineer that quitclaims in favor of the City have been obtained from all persons having any interest in existing rights of way for pipelines for the conveyance of water, and for all rights to all underground water. The right to all underground water, but without right of entry to the surface thereof, shall be conveyed to the City.
No easements shall be granted nor recorded over any portion of the property shown on the submitted record map between the date the tentative map is approved by the Planning Commission and the date the final or record map is recorded by the County Recorder. (SCMC Section 13.04.500)
Public
Works
2.9 The applicant shall submit to the City Engineer, and the City Attorney’s Office shall approve, reciprocal parking and access easements. The recording document shall specifically state the purposes of the easements to be the preservation of access and parking availability in accordance with City Ordinances and the State Subdivision Map Act.(SCMC Section 17.64)
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2.10 The improvement plans shall clearly call out that all storm drain and sewer systems within the development are private systems and are privately maintained including that portion of the sewer system within the public right of way that connects to the sewer main within the Calle Cordillera. (SCMC Section 16.32.010) Public
Works
2.11 The applicant shall submit, and the City Engineer shall approve, water and reclaimed water improvement plans, prepared by a registered civil engineer, which reflect consistency with the City's Water and Reclaimed Water Master Plans and standards. Said plan shall provide for the following:
A. Indicate a service system which provides, or allows for, independent water metering.
Public
Works
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Resolution No. PC 25-012 Page 7
Exhibit A
B. All water meters shall be tapped into the public water main and be located in the public ROW.
C. A double detector check shall be installed at the transition from public to private for water systems.
D. All reclaimed service lines shall have meters at the public ROW.
(SCMC Section 16.32.010)
2.12 The applicant shall submit, and the City Engineer shall approve, wastewater improvement plans specific to the project, prepared by a registered civil engineer, which reflect consistency with the City's Sewer Master Plan and standards. (SCMC Section 16.32.101) Public
Works
2.13 The applicant shall submit, and the City Engineer and Utilities Director shall approve, plans prepared by a registered civil engineer at a scale of 1”=200’ that depict all existing and proposed water services, sewer laterals and mains (including gate valves, pressure reducing stations, reservoirs, lift stations, pressure zones, fire hydrants, manholes, pipe sizes, pipe types and any other related appurtenances).
(SCMC Section 16.32.202)
Public
Works
Utilities
2.14 All improvement plans must be submitted (along with a plan check deposit in an amount determined by the City Engineer) for review and approval by the City Engineer. These plans include, but are not necessarily limited to, grading, improvements, water, sewer, storm drain, traffic signal, signing and striping, street lights and landscaping and irrigation plans. (SCMC Section 16.32.010) Public
Works
2.15 Unless otherwise approved by the City Engineer, the owner shall provide independent water meters and separate services for each unit in the common area. All water meters shall be located in the public right of way or as otherwise approved by the City Engineer. (SCMC Section 16.32.010)
Public
Works
Reports
2.16 The applicant shall submit, and the City Engineer shall approve, a soils and geologic report prepared by a registered geologist and/or geotechnical engineer which conforms to City standards and all other applicable codes, ordinances and regulations. (SCMC Section 16.12.050)
Public
Works
General
2.17 Subject to the approval of the City Engineer, quitclaims and dedications as proposed on the Tentative Tract Map are subject to Public
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Resolution No. PC 25-012 Page 8
Exhibit A
minor revisions due to the final water line improvement alignment and access easement locations. A blanket access easement on subdivision common area streets shall be dedicated to the City for ingress and egress access to its new water system improvements and to the off-site storm drain easement. An easement shall be dedicated to the City for access and use rights to the proposed private storm drain manhole(s) in the main drive aisle off of Calle Cordillera that connect to the City’s existing off-site storm drain system on the property to the north. A public pedestrian access trail shall be included for dedication on the Final Map (SCMC Chapter 15.36).
**
2.18 The Tentative Tract Map proposes a full quitclaim of the existing storm drain, sewer and water line easements along the northern boundary. This results in the entire on-site sewer and drainage improvements being privately owned and maintained by the property owner(s). The existing sewer and storm drain utility improvements within these easements are proposed for quitclaim to the property owner(s) on an as-is conditional basis. As currently proposed, the quitclaim of these easements leads to limited accessibility for the City to access the off-site storm drain system which this development drains to within the adjacent property to the north. Prior to Final Map approval, the developer and the City Engineer will resolve this issue to the satisfaction of the City Engineer through additional Final Map conditions of approval which may include slight modifications to the improvement plans to allow the City permanent easement access rights to the two immediate upstream storm drain manholes, elimination of the first on-site storm drain manhole, and/or creation of vehicle access to the first manhole. (SCMC Chapter 15.36).
Public
Works
**
3.0 PRIOR TO ISSUANCE OF GRADING PERMITS
3.1 The working drawings shall include within the first four pages a list of all conditions of approval included in this resolution.
Planning
3.2 The City Engineer shall determine that development of the site shall conform to general recommendations presented in the geotechnical studies, including specifications for site preparation, landslide treatment, treatment of cut and fill, slope stability, soils engineering, and surface and subsurface drainage, and
recommendations for further study. (SCMC Chapter 15.36) Public
Works
3.3 The applicant shall submit, and the City Engineer shall approve, a precise grading plan as required by the City Grading Manual and Ordinance. (SCMC Chapter 15.36)
Public
Works
1658
Resolution No. PC 25-012 Page 9
Exhibit A
Abandonments
3.4 The applicant shall submit to the City Engineer a copy of the recorded abandonment from the County of Orange, as well as evidence of recordation of any easements required as a condition of this abandonment. (SCMC Section 12.20.010)
Public
Works
Addressing and Street Names
3.5 The applicant shall submit, and must obtain approval from the City Planner, a plan depicting all street names and addresses for all of the buildings and facilities within the project.
Planning
Financial Security
3.6 The applicant shall provide separate improvement surety, bonds, or irrevocable letters of credit, as determined by the City Engineer, for 100% of each estimated improvement cost, as prepared by a registered civil engineer as approved by City Engineer, for the following applicable items: grading improvements; frontage improvements; sidewalks; sewer lines; water lines; onsite storm drains; and erosion control. In addition, the owner shall provide separate labor and material surety for 100% of the above estimated improvement costs, as determined by the City Engineer or designee. (SCMC Chapter 15.36)
Public
Works
Improvements
3.7 The applicant shall submit, and the City Engineer shall approve, frontage improvement plans. The applicant shall be responsible for the construction of all required frontage improvements as approved by the City Engineer including but not limited to the following:
A. Sidewalk, including construction of compliant sidewalk around drive approach or other obstructions to meet current City standards (2% cross fall) when adequate right-of-way exists. Since the street right-of-way is approximately 8___ feet behind the curbface, a sidewalk easement is/is not anticipated to be required to be granted to the City. Said sidewalk easement shall be submitted to, and approved by, the City Engineer.
B. Contractor shall replace any damaged street improvements resulting from construction activities to the satisfaction of the City Inspector.
(SCMC Chapter 15.36 and Sections 12.08.010, and 12.24.050) Public
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1659
Resolution No. PC 25-012 Page 10
Exhibit A
NPDES
3.8 The applicant shall demonstrate to the satisfaction of the City Engineer or designee that the project meets all requirements of the San Diego Regional Water Quality Control Board National Pollutant Discharge Elimination System (NPDES) Municipal Separate Strom Sewer Permit, and Federal, State, County and City guidelines and regulations, in order to control pollutant run-off. (SCMC Chapter 13.40)
Public
Works
3.9 The applicant shall demonstrate to the satisfaction of the City Engineer that the required NPDES permits have been obtained. (SCMC Chapter 13.40)
Public
Works
3.10 The applicant shall submit, and must obtain approval from the City Engineer, a project binder containing the following documents:
A. If the project is greater than 1 acre, a Notice of Intent (NOI) for coverage under the General Construction Storm Water Permit must be filed with the State Water Resources Control Board (refer to
https://www.waterboards.ca.gov/water_issues/programs/st ormwater/construction.html ) and a copy of the NOI, a WDID number and a copy of the Storm Water Pollution Prevention Plan (SWPPP) must be filed with the City;
B. If the site is determined to be a “Priority Project” (as defined by the San Diego Regional Water Quality Control Board
Municipal Separate Storm Sewer Systems Permit – refer to the following web address at
https://www.waterboards.ca.gov/sandiego/water_issues/pr ograms/stormwater/), a final Water Quality Management
Plan (WQMP) must be recorded with the Orange County
Recorder’s Office and filed with the City; and
C. A Final WQMP that addresses to the satisfaction of the City Engineer that the uncompleted aspects of the Preliminary WQMP, including but not limited, to remaining corrections for additional analysis of infiltration testing and
documentation. (SCMC Chapter 13.40, 15.36).
Public
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General
3.11 Unless approved otherwise by the City Engineer, private improvements to be constructed within City easements shall be subject to approval of an Administrative Encroachment
Permit/Agreement that limits improvements to asphalt, sidewalk, curb, gutter, and low-lying landscaping not to exceed 36 inches in height. Improvements such as decorative pavers are subject to conditional approval of the City Engineer and may require Public
Works
**
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Resolution No. PC 25-012 Page 11
Exhibit A
additional requirements such as sleeving of the City utility improvements. (SCMC Chapter 12.20).
3.12 Unless approved otherwise by the City Engineer, the developer shall provide evidence of consent from any easement holders for development within easement areas. (SCMC Chapter 15.36).
Public
Works
**
3.13 Unless approved otherwise by the City Engineer, the developer shall acknowledge in writing that the development is subject to all State water quality and storm drain discharge permit regulations.
This may include, but is not limited to, elimination of discharges such as subdrain and other non-storm related discharge. Project designs revisions may be required for compliance with such applicable regulations. (SCMC Chapter 15.36).
Public
Works
**
3.14 Landscape Plans shall be approved by the Utility Department.
Unless approved otherwise by the City Engineer, no trees shall be planted within City easements or within 10 feet of City utilities. All landscape irrigation systems shall be designed using the City's reclaimed water standards. In the event reclaimed water is not available at the time the system is put into operation, the system may be connected to the potable water system. When reclaimed water is available, the system shall be converted to reclaimed service. The owner or designee shall install reclaimed water service lines to the meter locations for future connection when reclaimed water is available. (SCMC Chapter 17.68).
Public
Works
**
4.0 PRIOR TO ISSUANCE OF BUILDING PERMITS
4.1 The working drawings shall include within the first four pages a list of all conditions of approval included in this resolution.
Planning
Landscape Plans
4.2 The applicant shall submit, and must obtain approval from the City’s Consulting Landscape Architect, a detailed landscape and irrigation plan incorporating drought tolerant plants, prepared by a registered landscape architect, and in compliance with all pertinent requirements. (SCMC Section 17.68.020)
Planning
4.3 The following standards shall apply for all landscape plans specific to parkways, unless otherwise approved for private residential streets:
A. All landscape irrigation systems shall be designed using the City's reclaimed water standards. In the event
reclaimed water is not available at the time the system is put into operation, the system may be connected to
the potable water system. When reclaimed water is
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Planning
1661
Resolution No. PC 25-012 Page 12
Exhibit A
available, the system shall be converted to reclaimed
service. The owner or designee shall install reclaimed
water service lines to the meter locations for future
connection when reclaimed water is available.
NPDES
4.4 The applicant shall demonstrate to the satisfaction of the City Engineer or designee that the project meets all requirements of the San Diego Regional Water Quality Control Board National Pollutant Discharge Elimination System (NPDES) Municipal Separate Strom Sewer Permit, and Federal, State, County and City guidelines and regulations, in order to control pollutant run-off. (SCMC Chapter 13.40)
Public
Works
Utilities
4.5 If the project pertains to a Food Service Establishment (FSE), the applicant shall submit, and the City Utilities Director shall approve, plans depicting the Fats, Oils, and Greases (FOG) controls, with the plans and design approved by the Orange County Health Care Agency.
Utilities
4.6 The applicant shall submit, and the City Engineer shall approve, plans depicting the installation of an approved double-detector check backflow assembly on any/all fire lines above ground and as near to the point of connection to the potable water system as practical, given functional and aesthetic considerations. An isolation valve shall be installed on any/all fire lines at the point of connection to the water main. (SCMC Section 13.04.350)
Public
Works
4.7 The applicant shall submit, and the City Engineer shall approve, plans depicting the installation of an approved reduced pressure principal backflow assembly on any/all potable water systems, and any/all irrigation systems, above ground, directly after each water meter as practical, and at a minimum height of 12” from the bottom of each assembly to ground level. (SCMC Section 13.04.350) Public
Works
General
4.8 The applicant, or designee, shall submit to and obtain approval from the City Planner, or designee, a landscape plan showing the location and type of trees to be planted on the adjacent open space lot to the north of the project, in the event ownership of said adjacent open space lot authorizes the applicant, or designee, to plant trees on said adjacent open space lot.
Planning
**
1662
Resolution No. PC 25-012 Page 13
Exhibit A
4.9 The applicant, or designee, shall submit to and obtain approval from the Building Division and Planning Division, a photometric plan prior to issuance of a Building Permit.
Planning
Building
**
4.10 The applicant, or designee, shall submit construction drawings in compliance with Trip Reduction and Travel Demand Management standards. Construction drawings shall include, but not limited to, the following items:
a. At least 15 percent of the employee parking spaces are reserved and designated for carpool vehicles by marking such spaces “Carpool Only”;
b. Bicycle parking and locker facilities shall be provided in a secure location for use by employees or tenants who
commute to the site by bicycle. The number of
facilities/racks to be provided shall be at the rate of at least five racks for every 100 employees or fraction thereof, and within the development, subject to approval by the Building Official, City Engineer, and City Planner;
c. A minimum of two shower facilities shall be provided, one each for men and women;
d. A commuter information area shall be provided that offers employees appropriate information on available
transportation alternatives to the single-occupancy vehicle.
This area shall be centrally located and accessible to all employees or tenants; and
e. The design of all parking facilities shall incorporate provisions for access and parking of vanpool vehicles.
Planning
**
5.0 PRIOR TO FINAL INSPECTION
Engineering
5.1 Prior to acceptance of improvements by the City Engineer, the owner shall submit "as-built" plans prepared by a registered civil engineer for streets, traffic signals, street lights, sewer, water, storm drains, street signs, striping, traffic markings, painted curbs and all other required improvements. (SCMC Chapter 16.28) Public
Works
5.2 The applicant shall demonstrate to the satisfaction of the City Engineer and City Maintenance Manager that all street
improvements have been completed and accepted and that any damage to new or existing street right-of-way during construction has been repaired/replaced. (SCMC Title 12)
Public
Works
1663
Resolution No. PC 25-012 Page 14
Exhibit A
Landscaping
5.3 The applicant shall submit, and the City Planner shall approve, a letter from a registered landscape architect confirming that landscaping and irrigation have been installed in accordance with the approved plans.
Planning
Lighting
5.4 The applicant shall submit, and the City Planner shall approve, a letter from the preparer of the lighting plans confirming that all lighting has been installed in accordance with the approved plans, and that the lighting conforms to all standards set forth in the Municipal Code.
Planning
Surveys
5.5 Prior to approval to pour foundations, the applicant shall submit, and the City Planner and Building Official shall approve, a survey prepared by a registered civil engineer that is licensed to do surveying or a land surveyor confirming that the building foundations conform to the required setbacks as set forth on the approved plans.
Planning
Building
5.6 Prior to approval of the framing inspection, the applicant shall submit, and the City Planner and Building Official shall approve, a survey prepared by a registered civil engineer that is licensed to do surveying or a land surveyor confirming that the height of all structures conforms to the dimensions set forth on the approved plans.
Planning
Building
Signage
5.7 Prior to approval of any sign, the applicant, or designee, shall submit to and obtain approval from the City Planner, or designee, an updated Master Sign Program.
Planning
**
General
5.8 A copy of the recorded Water Quality Management Plan (WQMP) shall be supplied to the City. (SCMC Chapter 15.36).
Public
Works
**
5.9 Prior to final inspection and/or Certificate of Occupancy, the parcels shall be formally merged or approved for a Tract Map to the satisfaction of the City Building Official, City Planner, and City Engineer. (SCMC Chapter 15.36).
Public
Works
**
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Resolution No. PC 25-012 Page 15
Exhibit A
6.0 PRIOR TO RELEASE OF FINANCIAL SECURITY
6.1 All catch basins and/or storm drain inlets shall be stenciled/marked on either the top of the curb or the curb face adjacent to the inlet "NO DUMPING - DRAINS TO OCEAN.” All catch basins shall
have filter basket inserts that capture litter and debris down to 5 mm in size. (SCMC Chapter 13.34)
Utilities
6.2 Unless approved otherwise by the City Engineer, the applicant shall submit, and must obtain approval from the City Engineer, a video, filmed in the presence of a representative of the Public Works Department, of all sewer and drainage improvements. The video shall become the property of the City. (SCMC Chapter 13.30) Public
Works
*
6.3 The applicant shall demonstrate to the satisfaction of the City Engineer that all survey monuments damaged or destroyed are restored. “Corner Records” shall be prepared for submission to the City Engineering Division and for filing with the County Surveyor’s Office in compliance with AB 1414. All restorations of survey monuments shall be certified by the Registered Civil Engineer or Land Surveyor in accordance with Section 8771 of the Business and Professions Code. (SCMC Title 16)
Public
Works
6.4 The applicant shall provide a warranty bond in an amount of 25% of the faithful performance bond for each improvement accepted by the City. This warranty bond shall remain in place for one year from the date of acceptance of the improvement. (SCMC Section
16.32.020)
Public
Works
6.5 The waste debris enclosure shall be of appropriate size to accommodate bins for recyclable materials, organic waste (food and landscape trimmings) and trash. For residential projects, all waste bins must be substantially hidden from view from any public street or alley. (SCMC Chapter 8.28)
Utilities
6.6 All water and sewer systems, e.g. pump stations, generators, reservoirs, PRV's, etc., shall be fully tested, in the presence of a representative of the Utilities Department, to verify system performance in accordance with design specifications. (SCMC Section 13.24.120)
Utilities
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Resolution No. PC 25-012 Page 16
Exhibit A
7.0 OPERATIONAL CONDITIONS OF APPROVAL
Business License
7.1 A City Discharge Permit must be obtained prior to issuance of a business license or any discharge to the City sanitary sewer system. (SCMC Chapter 13.24)
Utilities
7.2 If the project pertains to commercial, industrial or manufacturing use that may discharge high-strength commercial sewage to the City sanitary sewage system, with between five hundred one (501) and nine hundred (900) milligrams of BOD per liter, the applicant shall submit, and the Utilities Manager shall approve, plans that have been approved by the South Orange County Wastewater Authority (SOCWA) Pretreatment Inspector. Upon approval of design a City Discharge Permit must be obtained prior to issuance of a business license or any discharge to the City sanitary sewer system. (SCMC Chapter 13.24)
Utilities
Commercial Recreation
7.3 All commercial recreation activities are to occur indoors. Doors and windows shall remain closed at all times during the operating hours of the commercial recreation use.
Code
Comp
7.4 The commercial recreation use shall operate within Building 1, as shown on plans approved by the Planning Commission, unless the City Planner approves the operation of the commercial recreation use within another building.
Planning
**
7.5 The commercial recreation use shall operate in a manner that does not require more than 76 parking spaces.
Planning
**
7.6 Drop-off/pick-up zones are not allowed unless an amendment to the project is approved by the City Engineer and Planning Commission.
Planning
**
7.7 Commercial recreation classes shall be staggered by a minimum of ten minutes in between the end and start of each class, and all schedules on business flyers and social media platforms shall reflect the ten-minute gap.
Planning
**
General
7.8 The property manager shall be responsible for maintaining and providing to the Planning Division an updated parking table that tracks the amount of parking spaces available as suites are occupied.
Planning
**
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Resolution No. PC 25-012 Page 17
Exhibit A
7.9 All customers shall park in a designated parking space and walk to their destination.
Planning
**
7.10 If the City Engineer determines that the development’s parking and traffic are negatively affecting the project site, adjacent properties, or the surrounding street network, the applicant shall submit an amendment to Development Permit 25-224, Conditional Use Permit 25-223, Discretionary Sign Permit 25-263, and Tentative Tract Map 25-225 with a plan to address the parking and/or traffic issues, pursuant to Zoning Ordinance Section 17.12.180.
Public
Works
Planning
**
7.11 In the event that vehicle stacking or other issues cause circulation and/or queueing/crowding onto the public streets, then the business owner will be required to meet with City staff and propose solutions for implementation including, but not limited to, increasing the number of staff, modifications to the parking management plan and operations, business model modifications, etc. As part of this condition, there shall be no staging or activities within the street and sidewalk right of way (SCMC Chapter 12.20).
Public
Works
**
7.12 No gates or vehicle prohibitive devices are allowed at the main entrances or across City easements unless specifically approved by the City Planner and City Engineer.
Public
Works
**
7.13 The Applicant (including any property owners and managers, and their designees) shall ensure that discharge of washwater and other pollutants are prohibited from entering the storm drain system. Applicant must prevent pollutants (e.g. sediment, trash, food waste etc.) and any washwater used during cleanup from entering the storm drain system (SCMC Chapter 15.36).
Public
Works
**
7.14 All landscaping and trees shall be maintained by the property owner. This includes any landscaping and trees within the public right of way or considered “street trees” (SCMC Chapter 15.36).
Public
Works
**
7.15 If the City Engineer determines that the project’s sewer system causes unacceptable odors to sewer manholes either private or publicly owned, the property owner(s) shall be required to install odor filtration/capture devices within each manhole as determined by the City Engineer. Unless approved otherwise by the City Engineer, these devices shall be maintained by the property owner (SCMC Chapter 15.36).
Public
Works
**
Storm Drain Markers
7.17 The storm drain markers required pursuant to Condition 6.1 shall be maintained in good condition by the applicant.
Utilities
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Resolution No. PC 25-012 Page 18
Exhibit A
* Denotes a modified Standard Condition of Approval
** Denotes a project-specific Condition of Approval
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Eagle Aerial
City of San Clemente
Printed 6/22/2023 @ 9:24 AM
N
0 0.005 0.01 0.02
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C:\GIS\ServicesStagi ng\Pri ntServices\Letter_Portrait.mxd EXHIBIT 2
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Lutzky Development || 29346 Dean Street, Laguna Niguel, CA 92677 || 714-323-7609 || www.lutzky.com July 8, 2025
David Carrillo
Associate Planner
City of San Clemente
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Re: Luminar Business Park
Parking Related to Commercial Recreation Uses
Dear David,
Below please find responses to the questions posed in your email of June 30, 2025, relating to the traffic flow and parking associated with the Commercial recreation uses being considered for the proposed Luminar Business Park project.
More dense development is allowed than proposed, per the General Plan and Rancho San Clemente Specific Plan EIR. Explain how the project is less dense than the maximum allowed development. o Pursuant to Chapter 5 – “Development Standards”, Section 503 – “Industrial Development Standards”, Paragraph VI. “Specific Development Standards” included within the Rancho San Clemente Specific Plan dated December 2022 (“RSCSP”), the “Maximum Floor Area Ratio” for Business Park zoning is 0.5. To our knowledge, the traffic impacts included in the General Plan and RSCSP EIR were based upon this 0.5 planned density and resulting square footage. o The Luminar Business Park sits on an 877,984 gross square foot site. Per the RSCSP, this would allow up to 438,992 square feet of development on the site. o However, the Luminar Business Park Planning Application limits development to 232,831 square feet which equates to a less dense Maximum Floor Area Ratio of 0.265. o By developing approximately 47% less square footage on the site than is allowed by the RSCSP and anticipated in the associated EIR, the impact on traffic at the intersections that serve the project should be less than what would be expected if the project was developed to maximum density.
Explain why Building 1 accommodates the Commercial recreation use better than Building 2. o Building 1 accommodates the Commercial recreation uses better due to its proximity to the public road, Calle Sombra, which should make those uses easier to locate for the general public and allows for quick in and out trips for visitors to the Commerical Recreation uses. Other than this, there is not a significant benefit and, if the city deems it preferrable, the commercial recreation uses could be split between Buildings 1 and 2 (while not exceeding the total parking allocation for this use).
o Pedestrian safety has been carefully considered in selecting the proposed location for the Commercial Recreation uses in the project. These considerations apply equally well to Building 1 and/or Building 2 and include:
Signage will be located near the project entrance from Calle Sombra directing all traffic for Buildings 5-11 to turn right and only traffic for Buildings 1-4 to turn left.
This should send the majority of the traffic to the right resulting in lesser traffic passing by the entries to Buildings 1 and 2
A common area truck loading dock is proposed for the east side of Building 4 (see red highlighted area on attached site plan). It is proposed that individual suite tenants EXHIBIT 3
1670
David Carrillo
July 8, 2025
Lutzky Development, 29346 Dean Street, Laguna Niguel, CA 92677, 714-323-7609, www.lutzky.com could use forklifts to unload trucks from the common loading dock and transport goods to their respective suites. The applicant has studied the probably traffic patters for such forklifts which are shown in the yellow highlighted areas on the attached site plan. The entries to all the suites in both Building 1 and Building 2 are NOT within the anticipated forklift traffic areas.
If necessary, speed cushions could be located in the drive isles in front of Building 1 and Building 2 to slow traffic and further protect pedestrians. How is on-site circulation (e.g. queueing conflict) not impacted by the commercial recreation use? o Commercial recreation uses contemplated for this project include by way of example i) martial arts studios, ii) dance studios, iii) batting cages, iv) indoor sports training facilities v) gymnastics, vi) etc. For these types of uses, visitors will park in available parking spaces and walk into leased units. Day care facilities that might require queuing and drop-off are not contemplated nor requested for approval with this application. o Rules governing the site will be included in Covenants, Conditions and Restrictions (CC&Rs) recorded against the property. The applicant is amenable to incorporating language in such CC&Rs which would prohibit queuing and/or drop-offs in drive isles. o The applicant is also amenable to a condition of approval which requires a tenant who conducts classes pursuant to the commercial recreation use and that could cause traffic congestion if classes were scheduled back-to-back to instead require a minimum of 10 minutes staggering between class times.
In addition to the medical office parking ratio of 1 parking space per 200 square feet, provide the amount of required parking for the commercial recreation use, applying the group instruction parking ratio of 1 parking space per 2 student/1 parking space per 1 teacher. This will require using a theoretical number of students and teachers, to better understand parking for the commercial recreation use. o Rather than attempt to project the specific parking requirements for theoretical uses, the applicant is allocating a total of 76 parking spaces for higher parking intensive uses such as commercial recreation, medical offices, veterinary services, etc. (see Sheet A100 of Planning Application submittal). The applicant proposes that with each new TI permit and/or business license application for uses other than office, warehouse or light manufacturing, the applicant will be required to provide a table to city staff reflecting how many of such 76 allocated parking spaces have been utilized by the current permit/application and all prior permits/applications. Once all 76 parking spaces have been allocated, then no further commercial recreation uses would be approved unless a new conditional use application was submitted to city staff.
Thank you for the opportunity to provide the above responses. Please do not hesitate to contact me should you have any questions or require additional information.
Sincerely,
Lutzky Development
As Owner’s Representative for SC Holding LLC
By: _______________________
Richard C. Lutzky
President
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MASTER SIGN PROGRAM AUGUST 14, 2025
EXHIBIT 4
1673
SIGN MATRIX
SIGN TYPE
1 MONUMENT SIGN
TOTAL SIGN AREA ALLOWED BY CITY SIGN CODE, FOR OVERALL PROJECT
SIGN AREA PER SIGN TYPE
7,610 SQUARE FEET
BUILDING BUILDING ELEVATION (FRONTAGE PER BUILDING) TOTAL ALLOWED SIGN AREA PER BUILDING* ONE
2 ENTRY PORTAL SIGNAGE
3 VEHICULAR DIRECTIONAL SIGN
QUANTITY SIGN AREA (PER SIGN)
-
4 BUILDING ADDRESS SIGN
5 TENANT CANOPY SIGN
6 TENANT ON-BUILDING SIGN
7 TENANT GRAPHIC AREA
UNIT IDENTIFICATION SIGN
TWO
NINE
TWO PER BUILDING (OR AS REQUIRED)
ONE SIGN PER UNIT ENTRY
MAXIMUM OF TWO SIGNS PER ELEVATION
MAXIMUM FOUR SIGNS PER BUILDING
ONE SIGN PER UNIT ENTRY
ONE SIGN PER UNIT ENTRY
64 SQUARE FEET
64 SQUARE FEET
5 SQUARE FEET
10 SQUARE FEET OR AS REQUIRED
25 SQUARE FEET MAX
75 SQUARE FEET MAX
9 SQUARE FEET TOTAL
8 5 SQUARE FEET TOTAL
LUMINAR BUSINESS PARK - MASTER SIGN PROGRAM PAGE 1
B1
B2
B3
B4
B5
B6
B7
B8
B9
B10
B11
665'
810'
420'
832'
827'
795'
1,140'
445'
617'
422'
635'
665
810
420
832
827
795
1,140
445
617
422
635
SF
SF
SF
SF
SF
SF
SF
SF
SF
SF
SF
*1 SQ.FT. OF SIGN ALLOWED FOR EACH LINEAL
FOOT OF ALL BUSINESS FAÇADE
REQUESTED BUILDING SIGNAGE = 5,407.5 SF
REQUESTED SITE SIGNAGE = 345 SF
TOTAL REQUESTED SIGNAGE = 5,752.5 SQUARE FEET
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SITE SIGNAGE PLAN
LEGEND QTY.
KEY
SIGN TYPE 1.1 LOCATION
1 2
3 MONUMENT SIGN
ENTRY PORTAL SIGNAGE
VEHICULAR DIRECTIONAL SIGN
1 2
9 1.1
2.1 3.1
3.2 3.3
3.4 3.9
3.8 3.5
3.6 3.7
2.2 A
PLAN
NOT TO SCALE
LUMINAR BUSINESS PARK - MASTER SIGN PROGRAM PAGE 2
1675
MURAL WALL LOCATION
MURAL OPPORTUNITIES
PLAN
NOT TO SCALE
LUMINAR BUSINESS PARK - MASTER SIGN PROGRAM PAGE 4
*MAXIMUM (2) MURALS PER BUILDING
1676
SATIN PAINTED FABRICATED ALUMINUM
SIGN STRUCTURE WITH INTERNAL FRAMING
AND CONCRETE FOOTING BELOW GRADE
PER SIGN CONTRACTOR’S STRUCTURAL
ENGINEERING CALCULATIONS.
DESIGN NOTES
1 LUMINAR BUSINESS PARK - MASTER SIGN PROGRAM PAGE 5
SIGN TYPE 1 - MONUMENT SIGN
SIGNS TO BE ILLUMINATED WITH LOW PROFILE
LED LIGHT FIXTURES CONCEALED IN
LANDSCAPE AREA.
ILLUMINATION
SIGN TO BE INSTALLED IN LANDSCAPE AREA
ON PRIVATE PROPERTY AND SHALL BE SETBACK
A MINIMUM OF 10 FEET FROM PUBLIC STREET
CURB, 2 FEET FROM BACK OF SIDEWALK,
OUTSIDE ANY REQUIRED SITE DISTANCE
TRIANGLES, AND A MINIMUM OF 100 FEET
AWAY FROM ANOTHER GROUND SIGN.
LOCATION
1 QUANTITY
64 SQARE FEET
MAXIMUM SQUARE FOOTAGE
1-11 Via Farrona
SIGN AREA CALCULATION
ELEVATION VIEWS
SCALE: 3/8”=1’-0”
6'-0" MAX.
11'-2"
20" 5" 8"
FRONT VIEW END VIEW
20" 5"
7'-2"
12 SF
3 SF
TOTAL 15 SF
5'-6"
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LUMINAR BUSINESS PARK - MASTER SIGN PROGRAM PAGE 6
END VIEW
FRONT VIEW
SATIN PAINTED FABRICATED ALUMINUM
SYMBOL AND LTTERS PIN MOUNTED 1/4”
OFF WALL SURFACE WITH STAINLESS STEEL
HARDWARE PER SIGN CONTRACTOR’S
STRUCTURAL ENGINEERING CALCULATIONS.
DESIGN NOTES
SIGN TYPE 2 - ENTRY PORTAL SIGNAGE
LETTERS TO BE HALO-ILLUMINATED AND
SYMBOL TO INTERNALLY FACE ILLUMINATED
WITH LED LIGHTING.
ALTERNATE: LETTERING AND SYMBOL TO BE
SPOT ILLUMINATED WITH LOW PROFILE LED
LIGHT FIXTURES CONCEALED IN LANDSCAPE
AREA.
ILLUMINATION
SIGNAGE TO BE INSTALLED ON LANDSCAPE
WALL (BY OTHERS) AS SHOWN.
LOCATION
2 - ONE PER ENTRY
QUANTITY
64 SQARE FEET
MAXIMUM SQUARE FOOTAGE
TYPICAL ELEVATION VIEWS
SCALE: 1/4”=1’-0”
PORTAL WALL - RENDERING VIEWS
8'-8"
20"
5"
3'-8" MAX
SIGN AREA CALCULATION
20"
5"
7'-2"
5'-6"
3 SF
49 SF
12 SF
7'-0" AVERAGE HEIGHT
7'-0" AVERAGE WIDTH
TOTAL 64 SF
2.2 2.1
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LUMINAR BUSINESS PARK - MASTER SIGN PROGRAM PAGE 7
1-4
5-11
5'-0"
2'-6"
SATIN PAINTED FABRICATED ALUMINUM
SIGN STRUCTURE WITH INTERNAL FRAMING
AND CONCRETE FOOTING BELOW GRADE
PER SIGN CONTRACTOR’S STRUCTURAL
ENGINEERING CALCULATIONS.
DESIGN NOTES
SIGN TYPE 3 - VEHICULAR DIRECTIONAL
SIGNS TO BE ILLUMINATED WITH LOW PROFILE
LED LIGHT FIXTURES CONCEALED IN
LANDSCAPE AREA.
ILLUMINATION
SIGN TO BE INSTALLED IN LANDSCAPE AREA
ON PRIVATE PROPERTY AND SHALL BE SETBACK
A MINIMUM OF 10 FEET FROM PUBLIC STREET
CURB, 2 FEET FROM BACK OF SIDEWALK,
OUTSIDE ANY REQUIRED SITE DISTANCE
TRIANGLES, AND A MINIMUM OF 100 FEET
AWAY FROM ANOTHER GROUND SIGN.
LOCATION
9 QUANTITY
5 SQARE FEET
MAXIMUM SQUARE FOOTAGE
FRONT (TYPICAL) RIGHT SIDE
3 ELEVATION VIEWS
SCALE: 3/8”=1’-0”
LEFT SIDE
SIGN AREA CALCULATION
TOTAL 5 SF
3'-2"
20"
1679
TENANT NAME TENANT NAME TENANT NAME TENANT NAME TENANT NAME TENANT NAME TENANT NAME 2 TENANT NAME
TYPICAL BUILDING SIGNAGE
SCALE: NTS
TENANT NAME
TENANT NAME
TYPICALMURAL OPPORTUNITY
LUMINAR BUSINESS PARK - MASTER SIGN PROGRAM PAGE 8
TYPICAL BUILDING ELEVATIONS W/ SIGNAGE
TENANT NAME
1680
BUILDING ADDRESS
MINIMUM 2 PER BUILDING OR AS REQUIRED
10 SQUARE FEET OR AS REQUIRED
4 TENANT GRAPHIC AREA
ONE SIGN PER UNIT ENTRY
9 SQUARE FEET TOTAL
7 TYPICAL BUILDING SIGNAGE - PARTIAL ELEVATION VIEW
SCALE: 3/16”=1’-0”
TENANT NAME
2 F
2 TENANT CANOPY SIGNAGE
ONE SIGN PER UNIT ENTRY - 18” MAX LETTER HEIGHT
25 SQUARE FEET MAX.
5 3 FT SQ
TENANT
GRAPHIC
AREA
G
2 TENANT NAME
8 UNIT IDENTIFICATION
ONE SIGN PER UNIT ENTRY
5 SQUARE FEET TOTAL
LUMINAR BUSINESS PARK - MASTER SIGN PROGRAM PAGE 9
TYPICAL BUILDING SIGNAGE
6 TENANT ON-BUILDING SIGN
(RESERVED FOR MAJOR TENANTS THAT OCCUPY LARGE SIZE / CORNER UNITS.
SIGN TO BE USED IN LIEU OF CANOPY SIGN, SUBJECT TO OWNERSHIP APPROVAL)
MAXIMUM OF TWO SIGNS PER ELEVATION
MAXIMUM FOUR SIGNS PER BUILDING
32” MAX LETTER HEIGHT
75 SQUARE FEET MAX.
DESIGN ALL BUILDING SIGNAGE TO BE NON
ILLUMINATED SATIN PAINTED FLAT CUT OUT 1/2”
THICK ALUMINUM LETTERS/NUMBERS PIN OR BASE
MOUNTED AS SHOWN WITH STAINLESS STEEL
HARDWARE PER SIGN CONTRACTOR’S STRUCTURAL
ENGINEERING CALCULATIONS.
DESIGN NOTES
SIGNS TO BE NON-ILLUMINATED.
ILLUMINATION
1681
EXHIBIT 5
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1686
EXHIBIT 6
1687
1688
1689
AGENDA ITEM 2-A
Design Review Subcommittee (DRSC)
Meeting Date: June 25, 2025
PLANNER: David Carrillo, Associate Planner
SUBJECT: Conditional Use Permit 25-223/ Development Permit 25-224/ Tentative Tract Map 25-225/ Discretionary Sign Permit 25- 263, Luminar Business Park, a request to consider a new industrial complex with 11 new buildings on vacant land, in conjunction with a Master Sign Program and a condominium subdivision for individual ownership of each building.
BACKGROUND:
Site Data
The project site is a 20.2 acres irregularly-shaped vacant lot in the Business Park Zone within the Rancho San Clemente Specific Plan. See Attachment 1 for a location map and vantage points. The site was mass graded with the pad above a ridgeline that is visible from several properties and scenic corridors Avenida Pico, Camino Vera Cruz, and Avenida La Pata. The site has a downward slope from east to west with a grade difference of 100 feet. The project site has two access points – one via Calle Cordillera to the west and one via Calle Sombra to the east. Surrounding land uses include industrial businesses to the north, east, and west, and multi-family residences to the south.
Additionally, a primary ridgeline trail is to the south of the project site. Access to the ridgeline trail is currently provided via Calle Cordillera and Calle Sombra, among other trail access points within the business park. A 30-foot-wide easement is in place along the south property line for public access to the trail and public utility purposes. The site also has a 3-foot easement for public utility and incidental purposes along the eastern and western property lines. Nearby major arterials are Avenida Pico and La Pata that connect to collector street Calle Amanecer. See Image 1 below for an aerial view of the project site.
Image 1 – Project Site
EXHIBIT 7
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Luminar Business Park Page 2
Project Description
The applicant proposes to grade the site to develop an upper and lower campus. A total of 11 one-story industrial contemporary buildings are proposed, with seven buildings on the upper campus and four buildings on the lower campus. A private street, Via Farrona, is proposed which will connect to Calle Cordillera and Calle Sombra, providing access to each campus from either side of the development. Pedestrian access from the lower campus to the upper campus is provided via stairs and a ramp on the south side of the site. A communal area, labeled as “amenity hub” on plans, is proposed on the upper campus, and would provide indoor and outdoor shared gathering spaces for informal meetings, breaks, and socializing. The amenity hub is centralized on the site for access to all occupants, and also includes an elevated deck offering ocean views. A six-foot wide pedestrian pathway is proposed along the southern property line for access to the adjacent ridgeline trail, and concurrently proposes to partially quitclaim the existing 30- foot easement to maintain public access to the trail. Trash enclosures are proposed throughout the site to serve all buildings. The project would include 474 parking spaces to accommodate uses such as professional and medical office, warehouse, light manufacturing, and commercial recreation.
Proposed landscaping consists of a variety of trees and plants offering a colorful palette, and is provided at each site entry point and along the front of each building. Existing landscaping will remain on the east and west side of the site. Entry portals are also proposed at each site entry point. Proposed building materials consist of concrete, corrugated metal, aluminum, and vision and spandrel glass. The proposed building color palette consists of primary (gray), secondary (light blue), and accent (green, orange, and blue) colors. All buildings would have the primary and secondary colors, and one of the accent colors. See Image 2 for the proposed site plan and Attachment 4 for the conceptual plans, including a materials board.
Image 2 – Proposed Site Plan
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Luminar Business Park Page 3
Additionally, the applicant proposes a Master Sign Program (MSP) for the development.
Signage includes four freestanding project identification signs, nine directional signs, two project entry portals, building address signs, unit identification signs, and tenant signs.
Murals are mentioned in the MSP; however, the murals are not a part of this review. One tenant sign is proposed for each of the 74 suites at front entrances, plus an additional sign for each of the 22 corner suites. Additionally, two signs are proposed for the amenity hub. Overall, the MSP proposes to comply with sign standards. However, the applicant is requesting to exceed 1) the allowable sign area per business of 64 square feet to accommodate two signs for each corner suite, and 2) the allowed height and square footage of each freestanding sign. Signs are proposed to be internally illuminated. See Attachment 2 for the draft MSP.
The Zoning Code requires Design Review Subcommittee (DRSC) review of this item because the project requires a Planning Commission decision.
ANALYSIS:
Prior to application submittal, the applicant discussed the project with staff for preliminary feedback on multiple occasions. The project is generally consistent with General Plan Policies and Rancho San Clemente Specific Plan Design Guidelines. See Attachment 3 for the applicant’s analysis of policies and guidelines. Staff generally agrees with the applicant’s analysis. However, staff has recommendations to improve the project’s consistency with the Hillside Development Ordinance and improve the proposed signage to fit the site and area.
Site Design
Staff is supportive of the proposed private street, placement of buildings, and vehicle and pedestrian circulation, including the proposed pedestrian pathway providing access to the ridgeline trail. Wall heights for non-residential development are determined through the discretionary review process. Given the site is industrially-zoned and pedestrian-oriented features are not expected on this site, as encouraged in areas such as Downtown or North Beach, staff supports the proposed wall heights. However, staff recommends adding vertical landscaping against walls above six feet in height where possible to soften wall mass. Vertical landscaping should be highly considered on the northern site retaining wall since this wall is within the hillside view. Trash enclosures are required to have a cover to prevent run-on water. Current plans do not provide an example of the trash enclosure covering. This should be provided prior to the Planning Commission hearing.
The proposal to partially quitclaim the 30-foot easement to maintain public access to the ridgeline trail is consistent with recreational City goals that aim to maintain and improve access to trails. A photometric plan in compliance with the Lighting Ordinance and Dark Skies Policies is required prior to Planning Commission review. Staff has requested information on the proposed exterior light fixtures to ensure compatibility with the project.
Architecture and Neighborhood Compatibility
The project’s mass, scale, and form are compatible in character with surrounding industrial development in that the proposed buildings consist of one story with mezzanine 1692
Luminar Business Park Page 4
levels, human scale elements such as entry canopies and man doors, typical industrial building footprints, and flat roofs. Surrounding industrial buildings consist of one, two, and three-story buildings with flat roofs, and building footprints. The project and existing development generally consist of long uninterrupted wall planes as expected to accommodate industrial-related uses. Articulation is provided on the proposed buildings through the use recessed suite entries and different materials such as concrete, corrugated metal, glass, and the color palette, similar to surrounding development. The project details and colors differ from surrounding industrial sites for an updated appearance to fit the target market for selling or renting the tenant spaces. Examples include angled parapet walls at the corner of buildings that extend higher than the rest of the building height, and the use of accent colors to highlight building entrances and add interest. While staff is supportive of these details and colors overall, staff recommends the applicant use earth tone accent colors on the north-facing building elevations looking towards the hillside for consistency with the Hillside Development Ordinance which calls for development to blend in with the hillside.
Landscaping
The proposed landscape plan is currently being reviewed by the City’s Landscape Consultant. Staff anticipates they will have suggested changes to improve consistency with the Landscape Design Guidelines from the Rancho San Clemente Specific Plan and the Hillside Development Ordinance. Specifically, tree planting will be an emphasis to extend above the site’s north facing ridgeline and retaining wall to blend-in with the hillside, as required by Chapter 15.40.070 – Hillside Development Requirements. Staff plans to add a condition of approval that requires ongoing maintenance and replacement of trees on the north, east, and west elevations. To further emphasize the project entries, staff recommends adding decorative paving at the entry points.
Signage
Staff is supportive of most of the sign program, with comments focused on the freestanding project identification signs. The proposed wall signage provides reasonable advertising that is compatible with the architecture. Design changes are needed for the project identification signs to meet the Zoning Code. Additionally, staff recommends using aluminum signs with halo illumination. The MSP also includes “project entry portals”, which are essentially arches that are intended to be decorative and emphasize site entry points. This is a unique feature proposed as this type of feature is currently not seen within the business park. The applicant will provide visuals of the “project entry portals” at the DRSC meeting. Staff recommends the DRSC provide specific feedback on this feature.
RECOMMENDATIONS:
• Plant trees along the north ridgeline to comply with the Hillside Development Ordinance.
• Add vertical landscaping against walls above six feet in height where possible to soften visual and mass impacts, specifically on the northern site retaining wall. 1693
Luminar Business Park Page 5
• Provide a visual simulation of the project with hillside screen trees shown, at minimum, for the Planning Commission’s review.
• Use earth tone accent colors on north ridgeline facing building facades for improved consistency with the Hillside Development Ordinance that calls for development to blend in with the hillside.
• Add decorative paving at site entrances.
• Modify project identification signs to comply with zoning standards with two 64- square feet maximum freestanding signs allowed at each street frontage that are up to six feet high.
• Use aluminum signs with halo illumination throughout the project. • Provide an example of the proposed trash enclosure coverings for the Planning Commission hearing.
• To the DRSC: Provide specific feedback on the “project entry portals”.
Attachments:
1. Location Map and Vantage Points
2. Draft Master Sign Program
3. Applicant’s General Plan Policies and Design Guidelines Project Analysis
4. Conceptual Plans
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7.28.2025 Page 1 of 6
DRC Meeting Minute and City Recommendations – Comment Responses Date: 07/28/2025 Project Name:
Project Address:
Luminar Business Park
APN 688-151-03 & 688-151-04
To: City of San Clemente
Planning Division
David Carillo, Associate Planner
Project No.: IRV22-0034-00
From: Diana Melendez
Project Manager
Email: [email protected]
732.692.6817
Subject: DRC Meeting Minutes and City
Recommendation Responses
Permit No.: PHO 25-214
The following corrections for the above referenced project were completed and can be located as indicated.
DRSC Meeting Minute - Responses
The Design Review Subcommittee (DRSC) discussed the project, and made the following comments either individually or as a group:
• Simplify the architecture, as there may be “too much art” in it.
Response:
The submittal includes updated 3D renderings that more clearly communicate the architectural intent. We believe the design is appropriate for the site and has been thoughtfully composed to meet both aesthetic and contextual goals.
• Signage lacks the symbols used in architecture.
Response:
• The monument sign has been revised to remove the triangle geometry and reduce the height to comply with the 6-foot maximum. Lighting will be either low-profile landscape lighting or internally illuminated letters. • The entry portal signage retains the triangle logo, now scaled to a 3” depth for visual prominence, and will be internally illuminated.
• Accents and colors can date buildings, but a sophisticated program can create a more timeless design.
Response:
Noted.
• Proposed landscaping does not connect to the buildings and has not been given enough thought.
Response:
EXHIBIT 8
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7.28.2025 Page 2 of 6
The landscape design has been revised to better integrate with the architecture. Updated 3D views illustrate these improvements at each building design. See sheets A161-A173 ; L1.1-L3.2 • Improve the rear of building #2 which faces the pedestrian pathway and ridgeline trail.
Response:
A new eye-level view from the adjacent trail shows that the rear of Building #2 is largely screened by the retaining wall. See southern trail view on sheet A172.
• Enhance landscaping to integrate it into the development and reinforce wayfinding. Create rhythm and interest with the landscape, possibly with different themes for each building.
Response:
Landscape design has been updated to better reflect landscape intent, reinforce wayfinding and site rhythm.
Updated views for each building are included in the submittal. See sheets A161-A173 ; L1.1-L3.2 • Comply with the General Plan Hillside Policies that require planting of landscaping to blend in with the hillside.
Response:
Current design shows trees consistent with the city’s 3dr party landscape reviewer’s comments, added to comply with the Hillside Development Ordinance. See attached Vantage point views from Veracruz and Knob Hill on sheet A174.
• Supported the idea of trees in the HOA hill area adjacent to the project site, if possible.
Response:
Trees at top of the hill are pending association approval, current design shows trees consistent with the city’s 3dr party landscape reviewer’s comments, added to comply with the Hillside Development Ordinance. See attached Vantage point views from Veracruz and Knob Hill on sheet A174. • Signage and graphics should have a matte or flat finish to avoid reflections.
Response: Noted.
• Provide accurate simulations that show the project softening into the hillside for inclusion in the Planning Commission/City Council staff report.
Response:
Vantage point views from Veracruz and Knob Hill demonstrate how landscaping will soften the visual impact of the project. See sheet A174.
• Provide visuals that show how buildings relate with each other and the entire site to better understand setting and surroundings.
Response:
Please refer to the attached renderings showing site context and inter-building relationships. See sheets A161- A173.
• The Planning Commission will focus on the proposed land use, especially the conditionally-permitted use in building #1, and not on design.
Response: Noted.
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7.28.2025 Page 3 of 6
• Focus on improving landscape and signage, particularly the monument signs.
Response:
The landscape design has been revised accordingly, and the monument sign has been updated and included in the Master Sign Program.
• Provide the vision for the proposed commercial recreation use in building #1 and internal circulation.
Response:
Commercial recreation uses contemplated for this project include by way of example i) martial arts studios, ii) dance studios, iii) batting cages, iv) indoor sports training facilities and v) gymnastics. For these types of uses, visitors will park in available parking spaces and walk into leased units. Day care facilities that might require queuing and drop-off are not contemplated nor requested for approval with this application.
Rules governing the site will be included in Covenants, Conditions and Restrictions (CC&Rs) recorded against the property. The applicant is amenable to incorporating language in such CC&Rs which would prohibit queuing and/or drop-offs in drive isles.
The applicant is also amenable to a condition of approval which requires a tenant who conducts classes pursuant to the commercial recreation use and that could cause traffic congestion if classes were scheduled back-to-back to instead require a minimum of 10 minutes staggering between class times.
Pedestrian safety has been carefully considered in selecting the proposed location for the Commercial Recreation uses in the project. These considerations include:
• Signage will be located near the project entrance from Calle Sombra directing all traffic for Buildings 5- 11 to turn right and only traffic for Buildings 1-4 to turn left. This should send the majority of the traffic to the right resulting in lesser traffic passing by the entries to Buildings 1 • A common area truck loading dock is proposed for the east side of Building 4 (see red highlighted area on the below site plan). It is proposed that individual suite tenants could use forklifts to unload trucks from the common loading dock and transport goods to their respective suites. The applicant has studied the probably traffic patterns for such forklifts which are shown in the yellow highlighted areas on the belowbsite plan. The entries to all the suites in Building 1 are NOT within the anticipated forklift traffic areas.
• If necessary, speed cushions could be located in the drive aisles in front of Building 1 to slow traffic and further protect pedestrians.
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• Emphasize the role of on-site management in maintaining the site, including parking.
Response:
On-site management is planned on the site through a lease up period and potentially thereafter as needed. The applicant will maintain a parking allocation log to ensure compliance with parking requirements, as is reflected in the project data table.
For higher intensive parking uses such as commercial recreation, medical offices, veterinary services, etc., the applicant is allocating a total of 76 parking spaces (see Sheet A100 of Planning Application submittal). The applicant proposes that with each new TI permit and/or business license application for uses other than office, warehouse or light manufacturing, the applicant will be required to provide a table to city staff reflecting how many of such 76 allocated parking spaces have been utilized by the current permit/application and all prior permits/applications. Once all 76 parking spaces have been allocated, then no further commercial recreation uses would be approved unless a new conditional use application was submitted to city staff. • The entrances should make a statement with monument signs and landscaping to convey an upscale feel.
Response:
Entry portals feature enhanced landscaping and signage, see entry portal rendering on sheet A171. • The project identification sign should be six feet tall with 64 square feet of copy. Halo lighting is acceptable for this sign.
Response:
The monument sign has been reduced to meet the 6-foot height and 64 SF limit, illumination will be either lowprofile landscape lighting or internally illuminated individual letters. See master sign program package. 1698
7.28.2025 Page 5 of 6
• The entry portals have more flexibility in terms of zoning ordinance compliance since they are intended as a statement, not advertising.
Response: Noted.
• The Master Sign Program allows the maximum sign area per tenant to exceed 64 square feet, for the corner suites.
Response:
The applicant requests to exceed the 64 SF maximum for corner suites and total signage area for the site. See master sign program package.
• Enhance the architecture with landscape elements. Consider hierarchy, vertical versus horizontal aspects, and tenant signage.
Response:
Landscape design has been refined to support and complement architectural features. Updated renderings for each building design are included. See sheets A161-A173 ; L1.1-L3.2 The Subcommittee supports the project moving forward to the Planning Commission/City Council, and suggests the applicant work with staff to address recommended design changes.
City Recommendations - Responses
• Plant trees along the north ridgeline to comply with the Hillside Development Ordinance.
Response:
Current design shows trees consistent with the city’s 3dr party landscape reviewer’s comments, added to comply with the Hillside Development Ordinance. See attached Vantage point views from Veracruz and Knob Hill on sheet A174.
• Add vertical landscaping against walls above six feet in height where possible to soften visual and mass impacts, specifically on the northern site retaining wall.
Response:
Landscaping has been enhanced in these areas. Refer to attached views from Veracruz and Knob Hill. See sheets A161-A173 ; L1.1-L3.2
• Provide a visual simulation of the project with hillside screen trees shown, at minimum, for the Planning Commission’s review.
Response:
Landscape design has been revised to better reflect the landscape design intent, see attached 3D renderings and vantage point views from Veracruz and Knob Hill showing proposed planting locations. See sheets A161-A173 ; L1.1-L3.2
• Use earth tone accent colors on north ridgeline facing building facades for improved consistency with the Hillside Development Ordinance that calls for development to blend in with the hillside.
Response:
The applicant requests to retain the current color palette, as the landscape design will provide adequate screening.
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• Add decorative paving at site entrances.
Response:
Decorative paving is incorporated in entry portal designs. See attached landscape plans and renderings on sheets A161-A173 ; L1.1-L3.2.
• Modify project identification signs to comply with zoning standards with two 64-squarefeet maximum freestanding signs allowed at each street frontage that are up to six feet high.
Response:
Monument signs have been updated accordingly. Refer to the revised Master Sign Program. • Use aluminum signs with halo illumination throughout the project.
Response:
At the monument sign: The applicant is proposing to provide low-profile landscape lighting or internally illuminated individual letters.
At the entry portal Sign: The applicant is proposing to provide internal illumination at the triangle logo and sign. • Provide an example of the proposed trash enclosure coverings for the Planning Commission hearing.
Response:
Please see covered trash enclosure details on sheet A101.
1700
Policies and Objectives Consistency Finding
Industrial Land Uses Goal: “Create and
maintain diverse employment
opportunities located in areas that provide
strategic advantages for employers to
locate in San Clemente, provide head-ofhousehold jobs, generate municipal revenues, and improve quality of life,
while minimizing impacts on surrounding
neighborhoods.”
Consistent. The project consists of highquality contemporary architecture and landscaping, with 74 adaptable tenant
suites that can be combined and
occupied by industrial-type uses, such
as, medical offices, light manufacturing,
professional offices, research and
development, service uses, and
warehouse/wholesale, and commercial
recreation with a Conditional Use Permit.
Additionally, an amenity hub is provided
for tenants/employees with amenities
such as a gym, golf simulator, and an
ocean-view deck. The 74 new industrial
suites totaling 234,714 square feet of
floor area will significantly increase job
opportunities within the Business Park,
while remaining compatible with
surrounding development. ; project
supports existing business park - and
enhances through…additional office and
industrial opportunities support the vision
for RSCSP.
RSC and Talega BP Focus Area Goal:
“Maintain and promote the Rancho San
Clemente and Talega Business Parks as a
premier office and industrial location for
start-up businesses, expanding
businesses, and for businesses relocating
to San Clemente.”
General Plan Policy LU-8.01: “Priorities.
Pursuant to the Economic Development
Strategy*, we assign a high priority to
those initiatives, investments, and
development approvals that contribute to
our vision of the Rancho San Clemente
Business Park as a premier office and
industrial employment center that
capitalizes on San Clemente’s access to
the Orange County and San Diego
County markets.”
Competitive Employment Centers Goal:
“Establish and maintain regionally
competitive office and industrial
employment centers.”
General Plan Policy UD-3.03: “Buffers and
Setbacks. We require that new uses and
buildings, characterized by differing
functions, activities, density, scale and
massing, to provide conditions of approval,
landscaped buffers and/or setbacks
between uses to prevent or reduce
adverse impacts.”
Consistent. The project consists of
adequate setbacks between the buildings
and streets, and between each building, for
compliance with minimum setback
requirements and drive aisles meeting
OCFA and CR&R standards. Prominent
landscaped buffers are proposed on the
west and east side of the project adjacent
to the streets. To the north of and adjacent
to the project site is a landscaped strip of
land zoned as open space (OS2),
EXHIBIT 9
1701
Policies and Objectives Consistency Finding
providing a natural buffer between the
project and the nearest developed site to
the north. The project includes a small
landscaped buffer with a pedestrian
walkway on the south side of the project
site, for access to the adjacent ridgeline
trail.
General Plan Policy UD-5.10-Scale and
Massing: “We require that the scale and
massing of development be compatible
with its surroundings and with the General
Plan, applicable specific plan and or area
plan.”
Consistent. The project’s mass, scale,
and form are compatible in character with
surrounding industrial development in that
the proposed buildings consist of one
story with mezzanine levels, human scale
elements such as entry canopies and
man doors, typical industrial building
footprints, and flat roofs. Surrounding
industrial buildings consist of one, two,
and three-story buildings with flat roofs,
and similar building footprints. The project
and existing development generally
consist of long uninterrupted wall planes
as expected to accommodate industrialrelated uses.
General Plan Policy UD-5.14-Building
Design with Topography: “Building design
shall consider the site’s natural
topography, public view corridors and
adjacent building profiles so that
canyonization is avoided.”
Consistent. The site has a downward
slope from east to west with a grade
difference of 100 feet, and sits at the
highest point within the Business Park
below a ridgeline, outside of any public
view corridor. The proposed development
is essentially broken up in two - a higher
pad on the east side with seven buildings
and a lower pad on the west side with four
buildings, with a landscaped buffer in
between both pads.
General Plan Policy UD-5.18-Drought
Tolerant/Native Species Landscaping:
“Ornamental plantings in new, nonresidential development should consist primarily of drought tolerant and California
native species. Only in small areas and
special public locations, such as high-use
areas of parks, should lawns or other high
water use vegetation be used.”
Consistent. Proposed landscaping
consists of drought-tolerant and native
species primarily on the development's
edges and throughout the development.
1702
Policies and Objectives Consistency Finding
General Plan Policy M-2.48-Bicycle- and
Pedestrian-Oriented Site Design: “We
encourage bicycle and pedestrianoriented site design in commercial areas.” Consistent. The project incorporates
bicycle- and pedestrian-oriented features
such as walkways, an amenity hub, and
bicycle parking throughout the
development. The project supports
recreational goals by providing a walkway
that connects to the ridgeline trail.
Additionally, the project also provides a
shower within the amenity hub to
encourage active transportation to the
development.
1703
EXHIBIT 10
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910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
AGENDA REPORT
CITY OF SAN CLEMENTE
CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 16, 2025 Agenda Item: 8D.
Submitted By: Community Development
Prepared By: Adam Atamian, Community Development Director Subject:
..titl e
CONTINUED PUBLIC HEARING REGARDING THE FAILURE OF BROADMOOR SAN
CLEMENTE COMMUNITY ASSOCIATION TO ENFORCE CERTAIN COVENANTS, CONDITIONS AND RESTRICTIONS (CC&Rs)
..body
Fiscal Impact:
Assumption of the enforcement of the Broadmoor San Clemente Community Association’s (“Broadmoor Association”) covenants, conditions, and restrictions (“CC&Rs”) by the City Council would likely result in significant out-of-pocket expenses for legal services estimated at between $200,000 and $250,000. The CC&Rs also provide that the prevailing party, whether the City or the defendants, is entitled to their attorney’s fees, so the out-of-pocket costs for legal services may be reimbursed if the City prevails. However, if the City does not prevail in litigation, the total cost for legal services could exceed $500,000, especially if appeals are filed in the matter. There may be other costs associated with City staff time, but those costs are dependent on the degree of staff assistance in addressing the CC&R violations and cannot be calculated at this time. The CC&Rs provide that the City would first seek recoupment of these costs from the Broadmoor Association itself, and if they fail to comply, then as a uniform assessment against all properties within the Broadmoor Association. The City Council’s option to assign enforcement rights to the neighboring property owners would not incur such costs, and are anticipated to be approximately $2,000 for legal services in connection with effectuating the assignment.
Summary:
The first public hearing on this matter was held at the November 19, 2024 City Council meeting.
At that time, the City Council continued this item to a future meeting to provide the Broadmoor Association and the Calle Felicidad homeowners (“Felicidad homeowners”) with time to mediate and resolve the issues concerning the trees exceeding the height limitations within the Broadmoor Association community. On January 14, 2025, the City Council directed staff to return this item for consideration at a City Council meeting in March, 2025. At the March 18, 2025 City Council meeting, the continued public hearing occurred, and resulted in the City Council determining that the Broadmoor Association had initiated enforcement of its CC&Rs, and continued the public hearing to September 16, 2025, to allow the Broadmoor Association's process to continue according to their specified timelines, and directed the Broadmoor Association to abate the height violations prima facie, not subject to a determination that a Felicidad homeowner's view is obstructed.
This report provides a discussion of the events that have transpired since March 18, 2025, and options for City Council consideration in addressing this matter. For additional detail on this matter, Attachment 2 provides a copy of the agenda report presented on March 18, 2025, which 2454
Meeting Date: September 16, 2025 Agenda Item: 8D.
CITY OF SAN CLEMENTE 2
includes the agenda report and its exhibits for the November 19, 2024 City Council meeting.
Attachments 3 provides an excerpted copy of the minutes for the March 18, 2025 City Council meeting (minutes for the November 19, 2024 City Council meeting are provided in Attachment 2).
Discussion:
After the March 18, 2025 City Council meeting, staff received updates from the Broadmoor Association’s legal representatives on the progress of their enforcement actions to address the complaints submitted by the Felicidad residents. The Broadmoor Association’s Board of Directors contacted each affected Calle Felicidad owner directly and invited them to send a complaint to the Association’s management company if they believed that a homeowner on Calle Delicada had a tree in violation of the height limit. The Broadmoor Association’s management company then investigated each complaint. If the management company confirmed a tree is over-height, they would send a demand letter to the homeowner to cure the violation.
According to the Broadmoor Association’s legal counsel, the Association has received eleven complaints about over-grown trees on 9 properties, including a Broadmoor Association common area. The following list includes those properties which the Broadmoor Association received a complaint about, and the status of that complaint as described by the Broadmoor Association’s legal counsel.
203 Delicada
An initial letter was sent to the property owners in May, 2025, and a fine was levied after a July, 2025 Association Board meeting. At its August meeting, the Broadmoor Association decided to begin the Informal Dispute Resolution (“IDR”) process as to this property, which is the next step towards legal enforcement. The current status of this property is shown in the image, below. 207 Delicada
This property was deemed in compliance due to the lack of overgrown trees. The current status of this property is shown in the image, below.
2455
Meeting Date: September 16, 2025 Agenda Item: 8D.
CITY OF SAN CLEMENTE 3
301 Delicada
An initial letter was sent to the property owner in May, 2025, and a fine was levied after an August, 2025 Association Board meeting. The property owner also was present at the August, 2025 Association Board meeting and he believed one overgrown tree remained. The Broadmoor Association’s hearing was continued to September, 2025 in one last attempt to gain voluntary compliance. If the tree remains after that date, the Broadmoor Association’s legal counsel has indicated that it will initiate the IDR procedure. The current status of this property is shown in the image, below.
303 Delicada
An initial letter was sent to the property owner in May, 2025 and a fine was levied after an August 2025 Board meeting. The property owner stated they had removed one tree and would attempt to 2456
Meeting Date: September 16, 2025 Agenda Item: 8D.
CITY OF SAN CLEMENTE 4
trim two remaining trees if it is possible to trim them down to seventeen feet or less. If trimming is not successful, they will remove the trees. The Broadmoor Association’s hearing was continued to September, 2025 in one last attempt to gain voluntary compliance. The prior and current statuses of this property are shown in the images, below.
November 2024 (Prior)
September 2025 (After)
305 Delicada
2457
Meeting Date: September 16, 2025 Agenda Item: 8D.
CITY OF SAN CLEMENTE 5
The homeowners at 305 Calle Delicada ended up removing at least four trees: one in the front and three in the rear. The prior and current statuses of this property are shown in the images, below.
April 2022 (Prior)
June 2025 (After)
309 Delicada
2458
Meeting Date: September 16, 2025 Agenda Item: 8D.
CITY OF SAN CLEMENTE 6
This property was deemed in compliance with the property owner trimming their trees. The current status of this property is shown in the image, below. 311 Delicada
One over-height tree was removed from 311 Calle Delicada. The prior and current statuses of this property are shown in the images, below.
April 2022 (Prior)
May 2025 (After)
2459
Meeting Date: September 16, 2025 Agenda Item: 8D.
CITY OF SAN CLEMENTE 7
313 Delicada
The homeowners at 313 Calle Delicada had a hearing set in June; however, due to lack of a quorum with the Broadmoor HOA Board of Directors, the meeting was reset to the end of July and then once again continued to August. At the August meeting, the Board requested their attorneys begin the IDR process as to this property. The current status of this property is shown in the image, below.
Delicada Grass Area (Broadmoor Association’s Responsibility) 2460
Meeting Date: September 16, 2025 Agenda Item: 8D.
CITY OF SAN CLEMENTE 8
This area was deemed in compliance with the HOA trimming the overgrown trees. The current status of this area is shown in the image, below.
As of the date of this report, four property owners have complied with the Broadmoor Association’s enforcement actions, with two more pending following fines being issued recently (301 and 303 Delicada), and the Broadmoor Association is proceeding towards enforcement through their IDR process on two others (203 and 313 Delicada). The remaining property was the Broadmoor Association property, which was abated of over height trees. At this time, the Felicidad homeowners continue requesting City assistance in requiring enforcement of the CC&Rs.
The City’s enforcement authority is identified within Article 12 of the Broadmoor Association’s CC&Rs, “Powers of the City of San Clemente”, which provides:
If the City Council of the City of San Clemente (“City”) reasonably determines at a public hearing held after not less than then (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 to the Association written notice of its determination that the Association has failed to perform its duties under the Declaration, the Association does not cure such failure within thirty (30) days from the date of receipt by the Association of said notice. In connection with any such performance by the City, it may exercise any of the rights and powers granted to the Association under this Declaration. 2461
Meeting Date: September 16, 2025 Agenda Item: 8D.
CITY OF SAN CLEMENTE 9
The reasonable costs (“Costs”) of any such performance by the City shall be borne by the Association provided however that in the event such Costs are not paid to the City by the Association within sixty 60 days after the City has furnished to the Association a statement therefor, the City shall have the right but not the duty, to levy and collect uniform assessment against each Lot within Broadmoor San Clemente to cover the Costs. Any such assessment shall be governed by the provisions of Articles IV and V of the Declaration.
If the City were to pursue enforcement action against Broadmoor, per the CC&R requirements, the City first would need to make a finding in a public meeting that Broadmoor Association failed to enforce its CC&Rs, then provide an opportunity for them to cure, and then could take enforcement action. If the City were to take enforcement action through these steps, it would need to make findings to the effect that Broadmoor’s enforcement thus far does not adequately meet the requirements of the CC&Rs. Anticipated costs for such enforcement are discussed in the Summary Section of Attachment 1. However, in staff’s opinion, the Broadmoor Association’s actions thus far show at least some enforcement of their CC&Rs.
Conclusion
There is substantial evidence that the Broadmoor Association and homeowners on Calle Delicada are responsible for maintaining their landscaping at, or below, the height limits contained within the Broadmoor Association’s CC&Rs. Both the Broadmoor Association and the City have enforcement authority to ensure height limitations per Broadmoor Association’s CC&Rs are maintained in compliance. For the City to exercise its powers under the CC&Rs, the City Council would need to conduct the public hearing and determine that the Broadmoor Association has failed to enforce its CC&Rs and failed to cure such non-performance. Upon such determination, the City Council has multiple options, listed below, to consider.
While it has taken some time, there does appear to be some progress being made. At this point, five properties have removed the overgrown trees, including the Broadmoor Association area, with two more properties which may be abated soon. The remaining two properties (203 Delicada and 313 Delicada) are beginning the IDR process. While the City already granted a six-month continuance in the hopes of spurring voluntary compliance, the Broadmoor Association is requesting another three to four months to get the rest of the properties overgrown trees addressed. Staff’s recommendation is based on the City’s past practice of not enforcing private CC&Rs and of the significant expense anticipated to address landscaping blocking private views.
Council Options:
After conducting the public hearing,
The City Council could determine that the Broadmoor Association has failed to enforce its CC&Rs and has failed to cure its nonperformance and adopt the proposed Resolution (Attachment 1) to assume and assign its enforcement authority to another party, such as homeowners on Calle Felicidad, effectively allowing that party or parties to act on behalf of the City to enforce the CC&Rs; or
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Meeting Date: September 16, 2025 Agenda Item: 8D.
CITY OF SAN CLEMENTE 10
The City Council could determine that the Broadmoor Community Association is making progress in enforcing its CC&Rs, and continue the public hearing to a date certain, such as January 20, 2026, on the condition and to allow the Association’s process to continue according to the timelines stated in their emails to the Felicidad homeowners; or The City Council could decide to not intervene in this matter further, whether or not it declares the Broadmoor Association has failed to enforce its CC&Rs and failed to cure; or The City Council could determine that the Broadmoor Community Association has failed to enforce its CC&Rs and has failed to cure its nonperformance and that the City should assume the performance of such duties under the CC&Rs, and request staff to return to a future City Council meeting with a resolution declaring such if the Broadmoor Association does not cure the violations in the interim.
Environmental Review/Analysis:
Environmental review was conducted during the original discretionary review of the tract map applications. No changes to the original approvals are proposed, only the maintenance of those approvals, so this action does not constitute a project under CEQA. In the alternative, the City Council could find this project exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15321 (Class 21: Enforcement Actions).
Recommended Actions:
Staff Recommendation ..recommendation
Staff recommends that the City Council open the public hearing, receive public testimony and comment, close the public hearing and determine that the Broadmoor Association has continued enforcement of its CC&Rs, and continue the public hearing to January 20, 2026, to allow the Broadmoor Association’s process to continue according to their specified timelines. ..end
Attachments:
1. Proposed Resolution
2. Agenda Report and Exhibits, dated March 18, 2025
3. Minutes of the March 18, 2025 City Council Meeting, Excerpted
4. Public Comments
Notification:
Broadmoor San Clemente Community Association
2463
Attachment 1
RESOLUTION NO. 25-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, DETERMINING THAT THE
BROADMOOR SAN CLEMENTE COMMUNITY
ASSOCIATION HAS FAILED TO PERFORM 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 to the Broadmoor Association 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
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Resolution No. 25-XXX Page 2
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; and WHEREAS, at the November 19, 2024 City Council meeting, the City Council continued the hearing to a future meeting to allow the Broadmoor San Clemente Community Association and the Calle Felicidad homeowners time to mediate and resolve the issues concerning the trees exceeding the height limitations within the Broadmoor Association community; and
WHEREAS, on January 14, 2025, the City Council directed staff to return this continued public hearing item for consideration at a City Council meeting in March, 2025; and
WHEREAS, on March 18, 2025, the City Council held the continued public hearing regarding the Broadmoor San Clemente Community Association’s failure to perform its duties under the CC&Rs, and determined that the Broadmoor Association had initiated enforcement of its CC&Rs, and continued the public hearing to September 16, 2025, to allow the Broadmoor Association's process to continue according to their specified timelines, and directed the Broadmoor Association to abate the height violations prima facie, not subject to a determination that a Felicidad homeowner's view is obstructed; and WHEREAS, on September 16, 2025, the City Council held the continued 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 fully 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 (30) days following receipt of notice of the same. 2465
Resolution No. 25-XXX Page 3
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 Manager and 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 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 Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 2466
Resolution No. 25-XXX Page 4
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
2467
AGENDA REPORT
CITY OF SAN CLEMENTE
CITY COUNCIL MEETING
CITY OF SAN CLEMENTE
Meeting Date: March 18, 2025 Agenda Item: 8A.
Submitted By: Community Development
Prepared By: Adam Atamian, Community Development Director Subject:
..titl e
CONTINUED PUBLIC HEARING REGARDING THE FAILURE OF BROADMOOR SAN
CLEMENTE COMMUNITY ASSOCIATION TO ENFORCE CERTAIN COVENANTS, CONDITIONS AND RESTRICTIONS (CC&Rs)
..body
Fiscal Impact:
Should the City Council resolve to assume the enforcement of the Broadmoor San Clemente Community Association’s (“Broadmoor Association”) covenants, conditions, and restrictions (“CC&Rs”), City staff would anticipate significant out-of-pocket expenses for legal services estimated at between $200,000 and $250,000. The CC&Rs also provide that the prevailing party, whether the City or the defendants, is entitled to their attorney’s fees, so these out-of-pocket costs for legal services may be reimbursed if the City prevails. However, if the City does not prevail in litigation, the total cost for legal services could exceed $500,000, especially if appeals are filed in the matter. There may be other costs associated with City staff time, but those costs are dependent on the degree of staff assistance in addressing the CC&R violations and cannot be calculated at this time. The CC&Rs provide that the City would first seek recoupment of these costs from the HOA itself, and if they fail to comply, then as a uniform assessment against all properties within the HOA. Staff’s recommendation to assign enforcement rights to the neighboring property owners would not incur such costs, and are anticipated to be approximately $2,000 for legal services in connection with effectuating the assignment.
Summary:
The first public hearing on this matter was held at the November 19, 2024 City Council meeting.
At that time, the City Council continued this item to a future meeting to allow the Broadmoor Association and the Calle Felicidad homeowners (“Felicidad homeowners”) time to mediate and resolve the issues concerning the trees exceeding the height limitations within the Broadmoor Association community. On January 14, 2025, the City Council directed staff to return this item for consideration at a City Council meeting in March, 2025.
This report provides a discussion of the events that have transpired since November 19, 2024, and options for City Council consideration in addressing this matter. Attachment 2 provides a copy of the agenda report presented on November 19, 2024, which includes additional detail on the background of this issue. Attachment 3 provides an excerpted copy of the minutes for the November 19, 2024 City Council meeting.
1 Attachment 2
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
2468
Meeting Date: March 18, 2025 Agenda Item: 8A.
CITY OF SAN CLEMENTE
Discussion:
After the November 19, 2024 City Council meeting, staff facilitated initial contact between the Broadmoor Association’s legal representatives and HOA managers, and the Felicidad homeowners.
On February 4 and 5, 2025, the Broadmoor Association’s legal representatives sent individual emails to the Felicidad homeowners specifying the process the Broadmoor Association had developed to address the issue and indicating how they could initiate this process. A copy of one of these emails is provided as Attachment 4.
On February 5, 2025, the Broadmoor Association’s legal representatives also sent a letter to the City Council concerning this process, including additional details not provided to the Felicidad homeowners, and their opinion that due to the process provided to address the Felicidad homeowners’ complaints that “the City Council cannot reasonably determine that the Association has failed to perform its duties under the Declaration [CC&Rs].” A copy of this letter is provided as Attachment 5.
According to the emails sent to the Felicidad homeowners and the letter sent to the City Council, the Broadmoor Association has established a procedure whereby the Felicidad homeowners may submit a complaint to the Association’s Community Manager about “a tree or other structure on a neighboring property along Calle Delicada [which] exceeds 17 feet in height and is directly impacting [their] view in a significant way.” Upon receipt of a complaint, “a representative from Compass Property Management and the Association will review [the] complaint” and if a violation of the CC&Rs is found, the Broadmoor Association will take “appropriate enforcement action with the property owner.” While the emails to Felicidad homeowners include a note that “this process may take between 60 to 180 days or more, depending on the circumstances,” the letter sent to the City Council includes a much more potentially arduous process.
The letter sent to the City Council from the Broadmoor Association’s legal representatives, dated February 5, 2025, expands on the process provided in the emails to the Felicidad homeowners.
That letter indicates that after the Broadmoor Association receives and confirms a complaint, and is unable to abate the violation through their administrative process, that the Broadmoor Association then would offer an Internal Dispute Resolution (IDR) meeting between the Association and the property owner. If that is unsuccessful at resolving the issue, then the Broadmoor Association would offer Alternative Dispute Resolution (ADR), a formal arbitration hearing. According the letter, if the ADR process is refused by the property owner, the Broadmoor Association may then proceed with litigation, which may take, “anywhere from 12 to 24 months or longer to complete.” The letter goes on to state, that “[the] City Council and Calle Felicidad owners are greatly mistaken if they believe the Association can just go and cut down a tree on private property in the next 30 days.”
In City staff’s review of this matter, there are a number of statements made by the Broadmoor Association’s legal representatives to the Felicidad homeowners and the City Council that are inaccurate, or create an unnecessarily burdensome process.
First, the Broadmoor Association states that they will investigate complaints that include (1) an allegation of a violation of the CC&Rs related to the height of the tree, and (2) an unreasonable 24692
Meeting Date: March 18, 2025 Agenda Item: 8A.
CITY OF SAN CLEMENTE
impact to a Felicidad homeowner’s view. It was clear at the November 19, 2024 meeting that the City Council was concerned about the existence of violations of the CC&Rs that were required to be included pursuant to the Broadmoor development’s entitlements. Though the issue was raised due to the existence of view obstructions, the City Council’s discussion centered on a desire for the parties to resolve those CC&R violations. While the process provided by the Broadmoor Association is similar to the process to address complaints from its own HOA members, violations do not also require a specific, adverse impact (such as view obstructions) to be out of compliance with the CC&Rs; they simply provide for a height limit. It is an unnecessary addition to require that the violations at issue also include establishing a subjective determination of an adverse impact based on that violation of the CC&Rs.
Second, the Broadmoor Association’s legal representatives state that the Association cannot “go on to private property and trim or remove these trees.” However, Article VIII, Section 4 of the CC&Rs provides that: “[the] Association and its managers and agents and employees shall have the right, after reasonable notice and at reasonable hours, to enter upon any Lot for the purpose of performing its duties and exercising its powers as set forth in this Article VIII.” Article X, Section 4 similarly provides: “the Association [has] the right to enter upon the property upon or as to which said violation or breach exists and to summarily abate and remove, at the expense of the Owner thereof, any structure, thing or condition that may exist thereon contrary to the intent and meaning of the CC&Rs.”
Third, the Broadmoor CC&Rs do not contain any requirements stating that the HOA must exhaust internal remedies, such as IDR or ADR, prior to filing a lawsuit. In contrast, Article X, Section 4 specifically states that the HOA has the “right to prosecute a proceeding at law or equity against the person or persons who have violated or are attempting to violate” the CC&Rs (Attachment 2, Exhibit B). Furthermore, these internal mediation options are required only if a party triggers it. If the violating homeowner does not request an internal dispute procedure, the Broadmoor Association is not required to participate in one. In addition, if the Broadmoor Association did file a lawsuit, they would seek an injunction ordering the homeowners to comply with the CC&Rs – assuming the Broadmoor Association does not enter the premises and abate the violation themselves. The requirements for ADR do not apply to cases seeking an injunction, so that process would not be applicable in that case.
Today, at least 9 of the 19 lots on Calle Delicada have trees that remain non-compliant with the height restrictions in the CC&Rs. At this time, the Felicidad homeowners continue requesting City assistance in requiring enforcement of the CC&Rs.
The City’s enforcement authority is identified within Article 12 of the Broadmoor Association’s CC&Rs, “Powers of the City of San Clemente”, which provides:
If the City Council of the City of San Clemente (“City”) reasonably determines at a public hearing held after not less than then (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 24703
Meeting Date: March 18, 2025 Agenda Item: 8A.
CITY OF SAN CLEMENTE
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 to the Association written notice of its determination that the Association has failed to perform its duties under the Declaration, the Association does not cure such failure within thirty (30) days from the date of receipt by the Association of said notice. In connection with any such performance by the City, it may exercise any of the rights and powers granted to the Association under this Declaration.
The reasonable costs (“Costs”) of any such performance by the City shall be borne by the Association provided however that in the event such Costs are not paid to the City by the Association within sixty 60 days after the City has furnished to the Association a statement therefor, the City shall have the right but not the duty, to levy and collect uniform assessment against each Lot within Broadmoor San Clemente to cover the Costs. Any such assessment shall be governed by the provisions of Articles IV and V of the Declaration.
On March 6, 2025, the City sent via certified and regular mail, and email, a notice of this continued hearing to the Broadmoor San Clemente Community Association, and to its legal representatives via email, pursuant to Article 12 (Attachment 6).
Conclusion
There is substantial evidence that the Broadmoor Association and homeowners on Calle Delicada are responsible for maintaining their landscaping at, or below, the height limits contained within the Broadmoor Association’s CC&Rs. Both the Broadmoor Association and the City have enforcement authority to ensure height limitations per Broadmoor Association’s CC&Rs are maintained in compliance. For the City to exercise its powers under the CC&Rs, the City Council would need to conduct the public hearing and determine that the Broadmoor Association has failed to enforce its CC&Rs and failed to cure such non-performance. Upon such determination, the City Council has multiple options, listed below, to consider. Staff’s recommendation is based on the City’s past practice of not enforcing private CC&Rs and of the significant expense anticipated to address landscaping blocking private views.
Council Options:
After conducting the public hearing,
The City Council could determine that the Broadmoor Association has failed to enforce its CC&Rs and has failed to cure its nonperformance and adopt the proposed Resolution 24-173 (Attachment 1) to assume and assign its enforcement authority to another party, such as homeowners on Calle Felicidad, effectively allowing that party or parties to act on behalf of the City to enforce the CC&Rs; or
The City Council could determine that the Broadmoor Community Association is in the process of initiating enforcement of its CC&Rs, and continue the public hearing to a date certain, such as September 16, 2025, on the condition and to allow the Association’s process to continue according to the timelines stated in their emails to the Felicidad homeowners. As 24714
Meeting Date: March 18, 2025 Agenda Item: 8A.
CITY OF SAN CLEMENTE
part of this option, staff recommends that the City Council provide direction to the Broadmoor Association that violations are expected to be abated prima facie (on their face), not on the basis that they also require the subjective determination that one’s view is also being obstructed, and that enforcement is to occur in as expedited a manner as the law permits; or The City Council could decide to not intervene in this matter further, whether or not it declares the Broadmoor Association has failed to enforce its CC&Rs and failed to cure; or The City Council could determine that the Broadmoor Community Association has failed to enforce its CC&Rs and has failed to cure its nonperformance and that the City should assume the performance of such duties under the CC&Rs, and request staff to return to a future City Council meeting with a resolution declaring such if the Broadmoor Association does not cure the violations in the interim.
Environmental Review/Analysis:
Environmental review was conducted during the original discretionary review of the tract map applications. No changes to the original approvals are proposed, only the maintenance of those approvals, so this action does not constitute a project under CEQA. In the alternative, the City Council could find this project exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15321 (Class 21: Enforcement Actions).
Recommended Actions:
Staff Recommendation ..recommendation
Staff recommends that the City Council open the public hearing, receive public testimony and comment, close the public hearing and determine that the Broadmoor Association has initiated enforcement of its CC&Rs, and continue the public hearing to September 16, 2025, to allow the Broadmoor Association’s process to continue according to their specified timelines, and direct the Broadmoor Association to abate violations prima facie, not subject to a determination that a Felicidad homeowner’s view is obstructed.
..end
Attachments:
1. Resolution 24-173
2. Agenda Report and Exhibits, dated November 19, 2024
3. Minutes of the November 19, 2024 City Council Meeting, Excerpted
4. Example of Email from Broadmoor Association’s Legal Representatives to Calle Felicidad Homeowners, dated February 4, 2025, Redacted
5. Letter from Broadmoor Association’s Legal Representatives to City Council, dated February 5, 2025
6. Notice of Public Hearing of March 18, 2025 to Broadmoor Association
7. Email from Broadmoor Association to Calle Felicidad Homeowners, dated March 11, 2025
8. Correspondence from Calle Felicidad Homeowners
Notification:
Broadmoor San Clemente Community Association
5 EXHIBITS
2472
Attachment 1
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 TO PERFORM 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 to the Broadmoor Association 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, 6 EXHIBIT 1
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Resolution No. 24-173 Page 2
“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.
WHEREAS, at the November 19, 2024 City Council meeting, the City Council continued the hearing to a future meeting to allow the Broadmoor San Clemente Community Association and the Calle Felicidad homeowners time to mediate and resolve the issues concerning the trees exceeding the height limitations within the Broadmoor Association community.
WHEREAS, on January 14, 2025, the City Council directed staff to return this continued public hearing item for consideration at a City Council meeting in March, 2025.
WHEREAS, on March 18, 2025, the City Council held the continued 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 (30) 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 24747
Resolution No. 24-173 Page 3
documents, in a form acceptable to the City Manager and 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 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
24758
Resolution No. 24-173 Page 4
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
24769
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
AGENDA REPORT
CITY OF SAN CLEMENTE
CITY COUNCIL MEETING
CITY OF SAN CLEMENTE
Meeting Date: November 19, 2024 Agenda Item: 8F
Submitted By: Community Development
Prepared By: Adam Atamian, Community Development Director Subject:
..titl e
PUBLIC HEARING REGARDING THE FAILURE OF BROADMOOR SAN CLEMENTE
COMMUNITY ASSOCIATION TO ENFORCE CERTAIN COVENANTS, CONDITIONS AND RESTRICTIONS (CC&Rs)
..body
Fiscal Impact:
Should the City Council resolve to assume the enforcement of the Broadmoor San Clemente Community Association’s covenants, conditions, and restrictions (“CC&Rs”), City staff would anticipate significant out-of-pocket expenses for legal services estimated at between $200,000 and $250,000. The CC&Rs also provide that the prevailing party, whether the City or the defendants, is entitled to their attorney’s fees, so these out-of-pocket costs for legal services may be reimbursed if the City prevails. However, if the City does not prevail in litigation, the total cost for legal services could exceed $500,000, especially if appeals are filed in the matter. There may be other costs associated with City staff time, but those costs are dependent on the degree of staff assistance in addressing the CC&R violations and cannot be calculated at this time. Staff’s recommendation to assign enforcement rights to the neighboring property owners would not incur such costs, and are anticipated to be approximately $2,000 for legal services in connection with effectuating the assignment.
Summary:
There are tree height limitations contained within the Broadmoor San Clemente Community Association’s (“Broadmoor Association”) CC&Rs that the Broadmoor Association has failed to enforce. These height limitations contained in the Broadmoor Association’s CC&Rs were required to be included pursuant to the City’s approval of the Broadmoor development, at the request of the property owners who lived adjacent to that development at the time that it was proposed, including owners of the lots on Calle Felicidad. Current property owners on Calle Felicidad, upslope from the Broadmoor Association, and not within it, have complained, and pursued civil litigation, to require the enforcement of the Broadmoor Association’s CC&Rs related to tree heights. At this time, the Calle Felicidad homeowners are requesting City assistance in requiring enforcement of the CC&Rs to preserve their private views.
Background:
The Broadmoor Association consists of multiple tracts developed around 1976 on the slope above San Clemente High School. During the public hearings related to these tract map approvals, neighboring homeowners above the Broadmoor development expressed concern about the potential loss or obstruction of their ocean views. Residents upslope, 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. The 1 Attachment 2
10 EXHIBIT 2
2477
Meeting Date: November 19, 2024 Agenda Item: 8F
CITY OF SAN CLEMENTE
City’s municipal code does not protect private views; however, views can be considered during reviews of discretionary permits, such as tract maps. Tract 8963 was approved without any explicit conditions related to views, but the final Broadmoor development’s CC&Rs do limit tree heights, among other development standards.
Negotiations During Tract Map Review:
Residents on Calle Felicidad, and other upslope property owners, invested in efforts to protect their views since the beginning of Broadmoor’s development. Development efforts for Tract 8963 stalled in 1973. Per the City Engineer at that time, the Environmental Impact Report revealed Calle Delicada was not wide enough to meet City standards. Calle Felicidad property owners, through meetings with the Developer of the Broadmoor tracts, were able to facilitate approval of the Broadmoor development by supporting two modifications to the development proposal (discussed in further detail in the following paragraph) enabling Tract 8963 to meet the City’s development standards. In exchange, language in the developer’s approval documents would provide upslope property owners, including Calle Felicidad, with view protection.
Per declarations submitted by four involved parties in those negotiations (Attachment 4), a meeting occurred in November of 1973 to discuss compromises that would create adequate building-pad sizes for the Calle Delicada lots and satisfy residents upslope. These upslope homeowners allowed Broadmoor’s developer to recontour and steepen their downhill slope to make room for the Broadmoor development. They also supported a variance request to have sidewalks on only one side of Calle Delicada.
2478112
Meeting Date: November 19, 2024 Agenda Item: 8F
CITY OF SAN CLEMENTE
In exchange for supporting the Broadmoor developer in their efforts to construct Tract 8963, residents on Calle Felicidad requested that the Broadmoor CC&Rs include height restrictions in return. The Broadmoor developer agreed to add a height limit to houses, landscaping, and structures in the Broadmoor Association. The City’s approval of the development also required these CC&Rs with provisions for height restrictions as a condition of approval for Tract 8963. The supplemental declaration to the Broadmoor Association’s CC&Rs, recorded in 1976, states as follows:
Lots 1 through 19, inclusive, of Tract 8963… No building, structure, improvement or addition (excluding chimneys and roof vents) shall be constructed, erected, altered placed or permitted to remain on any portion of the property which exceeds one story in height with a maximum of 17 feet. No tree, bush, or shrub shall be placed or maintained upon (i) any Lot described in Exhibit “A”, attached hereto and incorporated herein by reference, which exceeds 17 feet in height or (ii) upon any other Lot in the Property which exceeds 20 feet in height.
Litigation and Interpretation:
There is an ongoing dispute between residents on Calle Felicidad and Calle Delicada regarding enforcement of the height restrictions outlined in the section above. In 2018, legal representatives for residents on Calle Felicidad requested that the City enforce height restrictions in the Broadmoor Association, citing the City’s right to enforcement under the CC&Rs (Attachment 5).
The City Attorney advised that the City lacked the resources to use this enforcement authority in any but the most egregious cases, and agreed to provide declarations or documents in a civil matter and facilitate entry into the right of way to abate the non-compliance (Attachment 6).
A resident on Calle Felicidad engaged in civil litigation the next year, 2019. However, in 2024, the court ruled in favor of the defendants, citing that, while the City and Broadmoor Association have the authority to enforce height restrictions in the Broadmoor Association, the plaintiff (Calle Felicidad homeowner) does not. See Attachment 9 for a copy of the court’s decision. During this time frame, the plaintiff’s legal representation further requested that the City exercise its enforcement authority (Attachment 7). City Council declined to do so on June 21, 2021, and the City Attorney sent a letter to the plaintiff’s attorney reiterating this position (Attachment 8).
Current Status of Issue:
Today, at least 9 of the 19 lots in Tract 8963 have trees that are not compliant with the height restrictions in the CC&Rs, as well as many other trees on other streets in the Broadmoor Association. Some examples of the non-compliant trees are presented in Attachment 11.
Residents of Calle Felicidad have asked the Broadmoor Association to enforce the height restrictions on these lots, and to-date have not been successful in those attempts. 2479123
Meeting Date: November 19, 2024 Agenda Item: 8F
CITY OF SAN CLEMENTE
With the court’s ruling limiting their options, the Calle Felicidad homeowners have continued to request the City exercise its enforcement authority. The City sent a letter to the Broadmoor Association on June 26, 2024, demanding abatement of the over-height vegetation in their association within thirty (30) days and providing notice and an opportunity to cure its noncompliance and failure to perform its obligations under its CC&Rs (Attachment 10). The actions requested of the Broadmoor Association have not occurred and ample time has been provided to the Broadmoor Association to address this matter.
The City’s enforcement authority is identified within Article 12 of the CC&Rs, “Powers of the City of San Clemente”, which provides:
If the City Council of the City of San Clemente (“City”) reasonably determines at a public hearing held after not less than then (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 to the Association written notice of its determination that the Association has failed to perform its duties under the Declaration, the Association does not cure such failure within thirty (30) days from the date of receipt by the Association of said notice. In connection with any such performance by the City, it may exercise any of the rights and powers granted to the Association under this Declaration.
The reasonable costs (“Costs”) of any such performance by the City shall be borne by the Association provided however that in the event such Costs are not paid to the City by the Association within sixty 60 days after the City has furnished to the Association a statement therefor, the City shall have the right but not the duty, to levy and collect uniform assessment against each Lot within Broadmoor San Clemente to cover the Costs. Any such assessment shall be governed by the provisions of Articles IV and V of the Declaration.
On November 8, 2024, the City sent via certified and regular mail, and email, a notice of this hearing to the Broadmoor San Clemente Community Association pursuant to Article 12 (Attachment 12).
Conclusion
There is substantial evidence that the Broadmoor Association and homeowners on Calle Delicada are responsible for maintaining their landscaping at, or below, the height limits contained within the Broadmoor Association’s CC&Rs. Both the Broadmoor Association and the City have enforcement authority to ensure height limitations per Broadmoor CC&Rs are 2480134
Meeting Date: November 19, 2024 Agenda Item: 8F
CITY OF SAN CLEMENTE
maintained in compliance. For the City to exercise its powers under the CC&Rs, the City Council would need to conduct the public hearing and determine that the Broadmoor Association has failed to enforce its CC&Rs and failed to cure such non-performance. Upon such determination, the City Council has multiple options, listed below, to consider. Staff’s recommendation is based on the City’s past practice of not enforcing private CC&Rs and of the significant expense anticipated to address landscaping blocking private views.
Council Options:
After conducting the public hearing,
The City Council could determine that the Broadmoor Community Association has failed to enforce its CC&Rs and has failed to cure its nonperformance and adopt the proposed resolution to assume and assign its enforcement authority to another party, such as homeowners on Calle Felicidad, effectively allowing that party or parties to act on behalf of the City to enforce the CC&Rs; or
The City Council could decide to not intervene in this matter, whether or not it declares the Broadmoor Association has failed to enforce its CC&Rs and failed to cure; or The City Council could determine that the Broadmoor Community Association has failed to enforce its CC&Rs and has failed to cure its nonperformance and that the City is assuming the performance of such duties under the CC&Rs, and request staff to return to a future City Council meeting with a resolution declaring such if the Broadmoor Association does not cure the violations in the interim.
Environmental Review/Analysis:
Environmental review was conducted during the original discretionary review of the tract map applications. No changes to the original approvals are proposed, only the maintenance of those approvals, so this action does not constitute a project under CEQA. In the alternative, the City Council could find this project exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15321 (Class 21: Enforcement Actions).
Recommended Actions:
Staff Recommendation ..recommendation
Staff recommends that the City Council open the public hearing, receive public testimony and comment, close the public hearing and determine that the Broadmoor Community Association has failed to enforce its CC&Rs and has failed to cure such non-performance and adopt Resolution No. 24-173, assuming and assigning its enforcement authority to the Calle Felicidad property owners.
..end
Attachments: EXHIBITS
1. Resolution 24-173
2. Broadmoor Community Association’s CC&Rs
3. Broadmoor Community Association’s Supplemental CC&Rs for Tract 8963 of Broadmoor
4. Declarations of Laurence Lizotte, Sally Sargent, Jay Rice, and Susan Rice
5. Letter from Michael Tidus, Esq. to City dated July 16, 2018
6. Letter from City Attorney to Michael Tidus, Esq. dated November 5, 2018 5 A
B
C
D
E
F
248114
Meeting Date: November 19, 2024 Agenda Item: 8F
CITY OF SAN CLEMENTE
7. Letter from Michael Tidus, Esq. to City dated May 17, 2021
8. Letter from City Attorney to Michael Tidus, Esq. dated June 30, 2021
9. Superior Court Statement of Decision (2/9/2024)
10.City Code Enforcement Demand Letter (6/26/2024)
11.Examples of Non-Compliant Trees
12.November 8, 2024 email and Notice of Public hearing to Broadmoor Community Association Notification:
Broadmoor San Clemente Community Association
6 G
H
I
J
K
L
248215
Attachment 1
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 noncompliance 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 7 EXHIBIT A
248316
Resolution No. 24-173 Page 2
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
2484178
Resolution No. 24-173 Page 3
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
2485189
XH224pC 587
7B3 Irr BY
-- RtcoDDNnFFlcmL8Ecouos
COhD Of DRAUGC couNry C/LJFOFINU\ Nd 1lESTED 13
AND 1iEU 3ECORDED MAIL TO PM AtJ 191974
CO -O iOmeI Inc W1IE CA8LYLE Csrnty Rgr 17003 Boulevard ustn California 92780
Attention Llr Larry Dizaotte
Apova space for Rocorciers use only
DDCLARATION OF
COVENANTS CONDITIONS AND RCSTRIcTIOJg
TEIS DECLARATIO17 made this day of 1974 by HHOADMOOR HOMES INC California corporatio 9ve1oper I1IEREAS Davoloocr is the owner of certain real prao arty located the City of San Clamete County of Orange State of California more Particularly descrihd as follows Lots 34 through 73 of Tract 8597 as shown on map recorded in Book 34 Pages through inclusiv of Miscellaneous Naps Records of Oiange County California the Property WHEVEAS Developer desires to create on the Property and such additions thereto as may be made pursuant to Article II hereof Additions residential comnunity with sloce area maintenance for the benefit of the coronuniLy and WHEREAS Developer has deemed it desirable to impose genersi plan for the imorovament and lava at at the IOL tv and Ajditions and to adopt and estani avenants ondithns and restrictions upon the Promrty and Additions Lo Iupoaa of enforcing and protecting the value desir nd attractiveness thereof and WHEREAS Developer has deemed it desirable for the efficient preservation of the value desirability end attrac tiveness of the Property and Additions to create corporation to which should be delegated and assigned the powers of main taming the slope areas of the Property and Additions and ad minietcziq and enforcing these covenants conditions and restrictions and
WHEREAS Broadmoor San Clemente Conunity Association nonprofit corporation has been incorporated under the laws of the State of California for the purpose of exercising the powers and functions as aforesaid and
WIEI1EAS Developer intends to convey all of the Property and Additions subject to certain protective covenants condi tionu and restrictions as heremnatter set GARR1 29
Ex 16-1
Attachment 2
10 EXHIBIT B
19 BK i I 224PG 587
twrn:;••·
IULI :1 :.,
,,, ~o:-· r--:, f'Y
"' i,.
r,!CC( ,,m, D 11; O!TICl,\L m::cor/Ofl
RECORDING REQIJES'l:'ED (H?1\!lGE COUN fY, CALIFORNIA
BY
AND 's,1"iEl·l 7'.ECORDED MAIL •,ro:
1700J L~v~ne Boulevard
Tustin, California 92780
Attention: Hr. TJi.,rry R, ',L:zotte
2:X)VENAN'l'S, ~01:!Q!JJ:OIJS A.ND RI:STRICTIO~JS
2 P.M. AUG J!I 1974
i'lH.EREAS, DevcJ.or,e::-: ic, tlle owner of certain real prop- ,,rt.y :tocated in the Cit;, of -~;an Clemente, County of ;)r,,r:qc, St;-1t(1 of Cc::l iforn:La, more l:,'..trti:,ul.1rly desc1:i,bnd c:1s f,;Jllowr. i Lots 34 tLrough 7 3 of 'l'ract 8507 .lS shown
on a 7:1ap re';£rded in. Book _344 1 Pages .]_ t',rou9'1 U , incl us l ve, of Miscellaneous '.•:aps, Records of orange County, ca~i!orni.a (the "Property");
\.'HER:C~A.S, Developer desires to create on the Property ai:d ,;m,h adliitic:ts t:i,,r,-b;, a.,.; m.:iy be mad,~ pur:,uant to .!\rticle II hereof ("Additions:") a --e,1identi,1l 1 .. :omr:mniL:y W'it:h sL::•p,c .,re,-i m.:tintirnancc ':or the benefit •Of the cmrnn,mlLy; and Wifr:F.E:AS, Dc?v,:': !o;:e·:· h,1s ,·1c,,mcd Lt d(c:3ir.i!,te t,·, j 11p,,tw a general pLHl tor the ir.i~rovement and clc?,'l i,o•.,.,:·, ",t of the l',O:,::ct'.)' ,.md i\Jditions and to adopt and estall.i,i,,r, 0::uvenants, cnntiU:ion::; ;:.i1d testrictions upon the Property and .=cdditio:u: to1· '·'.·.-:, pucp:Js,'! of enforcing and protecting the value, de,;ira;.;;:.:1 i!:f 1c1d 0.tlractiveness thereof; and wmmEAS, Develor0 e,~ hJ.S deemed it desirable for t.he
c£ficlent ?reservation of ti1e value, desirability a11d attract i vena.ss of the i?ropeL·ty a:,d Afidi tions to crca tc ,. corporation to which should be delec:'l '~cd and assigned the powers -':;f mainta:ining tne Glope areas of the Property and Additions and adrninl;.;tcr:i ng and e.nforclng chese covenants, conditions and restrictions; and
\ 0
JHEREAS, Broadmoor San Clemente Conununity Association, 1 :,onprol'i t r,~ox-po rat: i.on, ila': .1 ,,·,en Lncorpo1;'i\ t,,,d under tile laws of lhC! State of Califm:ni:c, fo::- the purpoS,J of c..;xerctsi;ig t'in l,oweri..i .. 111d ;:unctions as aforesaid; and •
\1HEHF:A5, Oevelnp • ,- ' nt,rnds t:.o c:onv(;y all ,., f th, l.' rope ::ty and l1ddl. tionr; ,:,ubjec t l:o certain protective cove1nnts, condit:ho:1s and reutrictio;m a:,; hereinufter set forth; GARR129
Ex 16-1
2486
224 588
NOW THREFCllE Developer hereby certifies agrees and
cociares that it has established and does hereby establish General Pt an Lot the protection maintenance improvement and development of the Property and Additions and line fixed and does hereby Lix the covenants conditions restrictions ease inents reservations tiens and charges upon and subject to which all of the Property and Additions and each portion there of shall be held used leased sold and conveyed and each and all of ihich is and are declared hereby to be for the benefit of all the Property and Additions and each portion thereof and each present and each future owner as hereinafter defined thereof and Developer These covenants conditions restric tions easements reservations liens and charges shall run itfl the Property and Additions and shall be binding upon all parties having or acquiring any right title or interest in the Property and Additions or any portion thereof and shall inure to the benefit of and bind each owner thereof and their respec tive successors in interact and are imposed upon the Property and Additions and each and every portion thereof as servitude in favor of the Property ad Additions and each and every por tion thereof as the dominant tenement or tenements all as follows to with
ARTIrLE
DEFINITIONS
Section_1 Articles and By-laws shall mean and refer
to the AiClOSOf Incorporation and By-Laws of the Association as the same may from time to time be amended
BAntion_2 AssociatiOn shall rfean and refer to Broadmoor San Ciemente Community Association nonprofit corporation incorporated under the Laws of the State of California its 5uc cessors and assignS
Siction3 Board shall mean and refer to the goard
Otractors of the Association
Section4 Broadmoor San Clemente shall mean and re
fer to the Original Property defined hereinafter Article II Section together with such additions thereto as may become subject to this Declaration or any supplementary declaration pursuant to the provisions of Article II hereof
Section cot shall mean and refer to any numbered
plot of ianTi6wn upon any recorded subdivision map of Broadmoor San Clemente or any portion thereof SectionG Member shall mean and refer to every
person or entity who holds membership in the Association as provided in Article III Section hereof
Section Owner shall mean and refer to one or more
persons or entities who re the record owner including Doweloper of the fee simple title to any Lot but shall not mean or refer to those having such interest merely as security for the performance of an obligation
GARR1 30
Ex 16-2
1120
tn_:w, Trn~:REFO:IB, 0-,veJopt,'r hereby cert:Jftes, ,·,qrees, and docl<1res that it has established, and does hereby establish, a General Plan for the prot:·,~tion, maintenance, impr:)Vc·,1:tent, and development of tho Pt·o~ert',' ::md Additions: and has fixed, and does hereby fix, the covenants, conditions, restl'.'ictions, ea.se- 'tr:,::mts, rBservations, 1L"ni:;, and charges upon and subject to whi.ch all ot the Propt~rty and Additions and each portion therenf shall be held, used, leased, sold and conveyed, and 2.n.Ch and uLl of which .i.s and ,1re d,cc.lared hereby tn be tor the berw£i t. ,>f all the Property and Addition:.; and each vortion therecof and each present ,ai-1d eac:1 faitu.1-e owner (as hereinafter defined) thereof ,:md Developer. Thesa covenants, conditions, restrictions, ei.JS•..:ments, reservations, liens and charge,; shall run with th\', Property and A,ldi tions and shall be binding upo11 all parties having or acquiring any right, title or in'l.erest in the P1.op1;::rty ;,nd Addit.:01,s ,.)r .. ,ny portion thc:·reof a1,,.1 c,haJ l i.nm:e to the boncfit of and bind each owner thereof and their respecti.ve successors in inter.es'.., omd axe impos(~d up,·,11 , l1e Pt !,p,:irt'/ and i\dd.i ti.,Jn;; ,;;llld ,.2a,:h ,nci ev·:ry portion therr.,of a:.c; a servitude in favor o:' the Property and Additions and each and every por~ ti.on therr,uf as tLu ,:on.Lna::t tenemr..:nt_ or tr..:neme11ts 1 a.Ll .,s f,jllowG, U.) wit:
AE'i'ICLE I
DEF rn r·r rm-1 s
8ect~ion l. "Articles , .. nd ay~L1v1s" shall mean and reter to the Articles of Incorporation and By-Laws of the Association as the sM\e may trGm ti;;ie to time be amended,
flAction 2. ''Association'' shall mean and refer to Broadro,J017 S,rn -Clenmn t:e community Association, a nonprofit corporation 1 incorporc1ted under the laws of the State of Californiet, its suc~- ce,,sors and :\s.signc1.
~~,~c\:ion 3, "i'Od.1·d Shdll mc.,in and n:cfer to th'-' Bcc1x,I c.:
O, ... ;:cct:oi:s of the A,;su,:L..cLi,,,1.
Se,; tion 4. '' Br":,,drnooi." San Cleme ntc" s ha ;.l ::,e.rn iilld refer. to the Original Prop~rty (defined hereinafter in Article II, Section 1) togethor with such additions thereto as may become subject to this Decl"rad:on or any supplementary declaration pursuant to the provisions of Article II hereof.
Section 5. ''Lot": shall mean and refor to any numbered plot of land shown upon any recorded subdivi.sion map 0f Broadmoor San Clemente or c1.ny p,Jrtion thereof.
Section G. "Mern.rJer" shall mean and refer to every
;)erJ;on orer1t.t ty\,ho holds membership in the Association as provided in Article UI 1 Section l, hereof,
S•.,ctlan 7. "Ow11ec" sh21.ll mean and refer to one or more persons c)l:--entitles who are. the record owner (inc lud.ing Deve.L- ,.1per) of th11: fee :c.in,ple titl1c to .1ny Lot, but shall n,it mean ot' refc;r to those htwin i such interest rm:rely as security for the perfcrmance <>f an obligation.
GARR130
Ex 16-2
2487
.A.Rl ICLE II
IJECT TO Elf
AND_ADDITIONS THERETO
Section The real property which
shall held used leased sold and conveyed subject to this Dad ration is described as follows
Lots 34 through 73 of Tract 85D7 as shown
Ofl .i map recorded in BOOk through
ii inclusive of MiacpIlaneous Maps 1\ecords of
Orange County California
Said real property shall be sometimes referred to here inafter as the Original Property
Section Additions to qinal Pro erty Addi
tional rd1 .rope.rtyea .adndxdd tO the Origibdl Property tud become subjoct to this Declaration tn the manner set forth hereinafter
.AdditicnsLD.veioE.er If DCVCl.OpC its
auccessois ci atsigna chait develop oz cause to be developed addtionat real propcztv within the aLea described in rxhibit An ..attachod hereto and inco npo.rated h.erein by th.is re ference Developer or its successors or assigns shall have the right to an.nex ouch additional real property to the original Property efld to bring such real prperty with.in the gen.e.r.l plan and scheme of this Declaration without the approval of the Associa tion .its ifoa.rd or Members provided the.t sald right of ope and ts successors and assigns shall terminate on the hap pening of either of the following events whichever occurs The expiration of three year period
from date unace by the Department of Real Rqt rc fhe
State of Califor.n.ia of Final Subdivision Public 5por
pect to any portion of Broadmoor San Clemente witheut the fiiinq of Ho tLL ni In ten ton and Questioflnai re with re speco to any other portion of such ptupe.rt.y as equred by Sections 11010 and 11011 of the California Business and Professions Code or ii Dedember 31 1980
Other Additions In addition to the provision
for annexatIon .speTfiedln Subsection here In above addi tional roni property may be anne\ed to the Original Property and brought within the genera plan and scheme of this Declaration upon the approval by vote Cr wrItten consent of Members entitled to exercise not less than .thrcefourths 3/4 of the voting pow c.r of each clss of methbetship o.f the Association Upon obtaining the requisite approval the
owner of any property who desires to annex it to the Original Property and add it to the general plan and scheme of this Dc dlaratlon and subjeut it to the jurisdl.ction of the AssocIation shl Silo of record Supplomenry teclaration of Covenants Conditions and Restrictions as more particularly described in Spct ion heroinbelow
Suetar Declaration The additions
autho.ri cc under Subscctions .nd uf this Section of
GARR131
Ex 16-3
1221
~,RTICLE II
PROPRR'l'Y SUBJE:'J' '!'O TllIS DECLARATION
AND i\DDITIONS THERE'l.'O
Se,:tion,J:., Original Prope_£U'_. The real property which ,:hull be held, used, lcast,d, sold 1md conveyed c.11bj0ct to this i:1c,cl,n·ation :_s descri::c•,:l ,u.: follows:
Lots 3 4 throuqr: 7 3 of 'rract 8 S.!) 7 as E hc1in
on a map recorded in BtJok J±.1._ 1 Pages 7 thro-,:gh
11 , inclusive, of Misceollaneous Mapa~ecords of
Ori,:ge County, California,
Said n,ctl ,,roperty ~hall be nu.::(,times r·etorred to /wr,,inafter as !:hu 'nt .i. gin al P rcr,erty" .
. :,,l:tion .2. l\.Jditio:.:; tc;. Ori inal rro ert". t.dditional real ifroperty may be annexed to t 1e Original Property and become subject to this Declaration .Ln the manner set forth hereinafter:
(a) ~.Qiii:!!2.ill!__~)i:._:.'lave.loper. lf Developer, its successors or assigns, sha.L. cievelop, or catise to be developed, additional r;0al property ,;,,i thin the area described in Exhibit ",'\" 1 attachc,d l:creto and incorporated herein by this reference 1 ~cveloper or itu succossors or assiqns shall have the right to ,im:u;e such additional relil pc:,perty to the Original P-coperty and to brin~r such reel.~ prop,,r·.cy wi..thin. the general ,) l a.n and scheme of this Declantion -,.,i thout the approval of the. Association, its Boa:t:d or Mcr,\bers; pr0vided that said right of Developer and it3 successors and assigns shall terminate on the happening oi e.i ther of the following events, whichever occurs uaclj_er:
(i) The ration of' a three (Jj year period from Uw ,,Lite c!: : ::::•: :nee by "IL' Deparf:n11:•rtt of Re-1 l 1•,,1 ;,t-o ,.,,. 1-hc• Sl:ato of Cnlifornia o.l: a Final Subdivi::;ion Publi<.: H~,1;,or.L \, .. ·.r: • ...:: •• c:pect to ,mv :ciortion of Bro.:idrnoor San Clemente witlwut :J1-2 fU.inq of a Notice~; IntentiQn and Questionnaire with reupect to any other portion of: ,;,1,.,1·, p.i:oper~" ,;:: requiu . .n( L>y Sect< 11010 :,:·.cl 11011 of tho Cali. fc•n11a BuSi!E,',i> and Professions Coci2; or {ii) Decemi.:H:.r Jl, 19 HO.
(b) Other Additions. In addition to the provision
[oJ: ,,nnexation specTfied in Subsectit.,n {a} he1:c,inabove, ,:1dditional real proper-ty ,1,ay be :u:nexed to the Original Property and brought within the general pLm and scheme of this Declaration upon the approval by vote ;Or written consent of Members entitled to exercise not lc,ss than three-fourths (3/4) of the voting power of.each class of membership of the Association.
Upon nbb:dcning the requisite approval, thr"
o-•mc•r of any property t-.'ltc, :,sires to annex it to the Or,.c:inal :,p,::rty mid ,H.ld it to t':1.' ,,eneral plan and sch.ome of this U:.,- c;ld1:1tion 1\nd subject i~ the jurisdiction of the Ass,,ciat:i.on, shall file of record a Supplementary Deblaration of Covenants, Condition:; and Restrictions, as more particularly described. in Sub,H~cti.on {cl hr:irei.nbelow.
{cl ?~leE.-t-':'::~~~,:ltnry DeclaraHon, __ ~he additions ':thoril!t'ld under Subsoct.wns (a} and (bl of this Section 2 ot' -3- GARR131
Ex 16-3
2488
3224PG 590
Article II shall be made by filing of record Supplementary Declaration of Covenants Conditions and Restrictions or other similar instrument with respect to the additional real property which shall be executed by Developer or the owner thereof and shall xtnd the general plan and scheme of this Declaration to such property rho tiling of record of said Supplementary Dc elaratiort shall constitute and effectuate the annexation of the additional real property described therein and thereupon said real property shall become and constitute part of Broadmoor San Clemento become subject to this Declaration and encompassed within the general plan and scheme of the covenants conditions and restrictions contained herein and become subject to assess ment by the Association and to the functions powers and juris diction of Lhe Association and the Owners of Lots in id real property shall automatically become Members of the Association Such Supplementary Declaration may contain
such additions and moditications of the covenants conditions and restrictions contained in this Declaration as may be neces saiy to reflect the different character if any of the added property or as Developer may deem appropriate in the develop meat of such property and as are not inconsistent with the general plan and scheme of this Declaration In no event how ever shall such Supplementary Dec.aration revoke modify or add to the covenants conditions and restrictions established by this Declaration as the same pertain to the Original Property except as may be hereiunftor provided
MerqersandConsOlidati Upon merger or
consolidation of te Association with another association as provided in the Articles of the Association its properties rights and obligations may be transferred to the surviving or consolidated association or alternatively the properties rights and obligations of another association may he added to the properties rights and obligations of the Association as surviving corporation pursuant to merger The surviving or conolidiLod tssociation may administer the covenants condi Lions and restrictions established by this Declaration within Bicadmoor San Clemente together with the ovaants condition and restrictions established upon any other rroperty as one gen eral plan and scheme
ARTICLE III
MEMBERSEIIP ItNI VOTING
RIGHTS IN THE ASSOCIATION
Sectionl Every person or entity who
is record owner of fee or undivided fee interest in any Lot which is subject by these covenants to assessment by the Asociatiofl shall be Member of the Association Any per
son or entity having any such interest merely as security for tub perfoinnance at an obligation shall not be Member Membership and the right to vote shall be appurtenant to and may not ho separated from the fee ownership of any Lot hich is subject La assessment by the Association Owner
m%iip of such Lot shall be the solo qualification for
tmemthcrship
GARR1 32
Ex 16-4
1322
UK I I 224P6 590
Article II, shall be made by filing of record a supplementary Declaration of Covenants, Conditions and Restrictions, or other similar instrument, with'respect to the additional real property which shall be executed by Developer or the O\,Jner thereof and :shall extend the general.plan and scheme of this Declaration to Sttch property, The filing of record of said Supplementary Declaration shall constitute and effectuate the annexation of the additional real property described therein, and thereupon said real property shall become and constitute a part of Broadmoor Sa11 Clemente, become subject to this Declaration and encompassed within the general plan and sche1ne of the covenants, conditions and restrictions containi;!d herein, and beconte subject to assess1nen t: by the Association and to the functions r powers and jurisdiction of the Association, and the Owners of Lots in said real property shall automatically become Members of the Association.
Such supplementary Declaration may contain
such additions and modificatiom, of the cov.enants, conditions and restrictions con·tained in this Declaration as may be necessary to reflect the different character, if any, of the added proper"l:.y, or as Developer may deem appropriate in the development of such property, and as are not inconsistent with the general plan and scheme of this Declaration. In no event, however, shall such Supplementary Declaration revoke, modify or add to the covenants, conditions and rest1·ictions established by this Declaration as the same pertain to the Original Property, except as 1nay be hereinatte1.· provided.
(a} Mergers and Consolidations. Upon a merger or
consolidation of tfie Association with another association as provided in the Articles • of the A1u1ociation, its properties, rights and obligations may be transferred to the surviving or consolidated association or, alternatively, the properties, ri9hts and obligations of another association may be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consol.i.d::itcct asaociati.on ,may administer, the covenants, conditions and restrictions ostablishcd by this Declaration within Droadmoor San Clemente, together with the cov.:.>nants, condition,, and restrictions established upon any othe:1: ~,r.operty as one g~neral plan and scheme. 'ARTICLE III
MEMBE~SHIP AND VOTING
RIGHTS tN THE ASSOCIATION
Secti,m 1. Mcmbershie_. Every person or anti ty who
is a record owner of a fee or undivided fee interest in any Lot which is subject by these covenants to assessment by the Association sh.::ill be a Member of the Association. Any person or entity having any ,such in1:erest merely as security for the performance of an obligation sh,Jll not be a Member.
Membership and the right:to vote shall be appurtena11t to and may not be separated,from the fee ownership of any Lot \Chichis subject to asse!)sment by the Association. OWner- :Ship of such Lot shall be the sole qualification for
1mcmdhership.
GARR132
Ex 16-4
2489
XI224N 59
Section Transfer The membership held by any record
Owner I5Es.Iai1 not transferred p.iedged or ali.en.ated in any way except upc.n tiie aie or assignment of sUch Lot and then only to the purchaser or assignee thereof Any attempt to make prohthtod transfer is void and will not be retleoted upon the books and .recor ds of the Association In the event any Owner shall fail ai rcu to Liansfer the membership iegistered in his name to the pu.rchaser or assignee the Association shall have the right to ye.cord the txansfer upon the hooks of the Association Section__3 Thtjng Fih The Association sth 11
have two clas jhs of voting hembdrship
Class Class tIembers shall be all those
Owners ontiL3od to nembership is defined in Section of this ric1e Ill with the exoep-1on of Developer Class MembLrs sha be entitled to one .vote for each Lot in which they hold the interest required for membership by Section
When mcre than one person holds su.ch interest in
an tot all sucn nersons shall he flembers and the vote for such Lot shall he exercised as they among themselves determine but in no event shall moth than dne vot.e be cast with respect to any such Lot From time to time such persons sh.aii desig nate to thc thsoclation in iriting one of theii number who shall have the power to oaercis.e thei vote
Class The Class Member shall be the Developer The Clan Member shall be entitl ad to three votes for es oh Lot in hich it holds the inLerest requiied for membeiship bj Section provided that the class membership shall cease and become converted to cl.ss marsh e.rshi.p on happening of an.y of the following emants whichever occurs earliest
When the total votes outstanding in the
membership equal
On the expiration of t.hree year period from the date of Ssu.ance by the Department of Real Es tate of the State of California of Final Subdivision fubli Re port with respect Loamy portion of Broadmoor San Clemente without the filing of Uôtice of Intention and Questionnaire with respect to any other portion of such property as required by Sections 11010 and 11011 of the California Business and Professions Code or
On December 31 l80
from and after the hap.penin.g of these events which
ever occurs earliest the Ciass Me.mber shall be deemed to be Class Member entitledto one vote for each Lot in which it holds thc interest requ.i.red for member shjp un.der Section The voting rights of both classes of membership sheLl
be stthjoct to the restrictions and limitations provided in this De.claration and in the Artic.les of and ByLaws of the Association
ARTICLE IV
faction_1 Crnution of the Lion and Personal Obiiqa otAcmen in GARR1 33 5--
Ex 16-5
1423
BK I 1224P6 591
Section 2. Transfer. 'l'he membership held by any record Owner of a Lot shallriot75etransferred, pledged or alienated in any way, except upon the sale or assignment of such Lot and then only to the purchaser or assignee thereof. Any attempt to make a prohibited transfer is void and will not be reflected upon the books and records of the Association.. In the event any owner rahall fail or refuse to transfer the membershJ.p registered in his name t:o the purchaser or assigneer the Association shall have the right to reco,:d the transfer upon the books of the Association.
Section 3. Voting: Right.s. '!'he Association shall have two classes of vot.ing membership:
Class A, Class A Members shall be all those
owners entit1<2d to membership as defined .in Section l of this Article III, with the exception of Developer. Class A Members shall be entitled to one .vote for each Lot in which they hold the interest required for membership by section 1, Nhcn more than one person holds such interest in anl-' Lot, all such persons shall be Members, and the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than cine vote be cast with respect to ,uiy such Lot. From time to time such persons shall desig- nate to the Association in writing one of their number who shall have the power to exercise their vote.
Class B. The Class B Member shall be the Developer. The Class B Member shall be entitled to three {3) votes for each Lot in which it holds the' interest required for membership by Section l; provided that: the Class B membership shal.l cease and become converted to Class:A membership on the happening of any of the following events, whichever occurs earliest:
(a) When the total votes outstanding in the class A membership equal one hundred forty-eight (148); (b) On• the expiration of a three ( 3) year period from the date of i~suance by the Department of Real Esta!.::e of the State of California of a. Final Subdivision J?ubl.i.c Report with respect to any portion of Broadrnoor San Clemente without the filing of a notice elf Intention and Questionnaire with respect to ,:my other portion of such property as required by Sections 11010 and 11011 of the California Business and Professio11s Code: or (c) On December 31, 1980.
Fz·om ,!lnd after the happening of these events, whichever occurs earliest, the,class B Member shall be deemed to be a Class i\ Me1nber entitled !to one vote for ea.ch Lot in which it holds the interest requir~d for membership under Section 1. 'l'he votin{J rights of both classes of membership shall be subjact to the restrictions and limitations provided in this Declaration and in the Articles of and By-Laws of the Association. l\RTICLE IV
COVENANTS FOR ASSESSMENTS
Section J., Croatian of the Lien and Personal Obliqa- ticm ot: .,\!rnassments. Deve.Iopcr for each Lot ownea by it: wlth.in -s- GARR133
Ex 16-5
2490
224 592
Broadmoor San Clemente hereby covenants and eac Owner of any Lot within Broadmoor San Clemonte by acceptance of deed or other conveyance therefor whether or not it shall be so cx pressed in any such deed or othor conveyance is and shall he deemed to covanant and agree to pay to the Issociation annual assessments or charges such annual assessments to be fixed established and collected from time to time as hereinafter pro vided The annual assessments together with such interest thereon and costs of collection thereof as provided hereinbelow in Irtiele Section shall be charge on the land and shall be continuing lien upon the Lot against which each such assess ment in made The lien shall become effective upon recordation of notice of ci aim of lien in accordance with Section of Article of this Declaration Each such annual assessment toqethar with such interest and costs shall also be the personal obligation of the person or entity who was the Owner of such Lot at the time when the assessment or any portion thereof fell due end shall bind his heirs devise personal representatives successors and assigns Bowever the personal obligation shall not pass to his successors in title unless expressly assumed by them
Section Purpose $\nnual Assessments The annual
asses smens1 oted accu
mulated and used exclusively for the purpose of providing for and promotinq the aleasure recreation health safety and social welfare of the Members of the Association including the improve nent maintenance irrigation repair and upkeep of the slope areas of broadmoor San Clewente described in Exhibit attached hereto ed made part hereof by this reference
Section Annual Assessments The amount of annual
assessments shalT be dctbmined by the Board after giving due consideration to the current maintenance costs and future needs of the ssociation
Section_1 Date of Commencement of Annual Assessments
Due Datcr The annual assessmedts
comnncu as to all r3ots in the Oriqinal Sropertv on the first day of the month following the conveyance at the first Lot within said property to an individual Owner The annual assess ments for Lots added hereafter to the Original Froperty pro vidud acid Lots siall have become subject to assessment by the Association shall commence with respect to all Lots within such added property on the first day of the month following the con veyance of the first Lot within said added pronerty to an indi vidual Owner Provided however that the Association by
majority vote of its Board may extend the commencement date of annual assessments for the Original Property and any added prop erty to date not later than one year from the date of is suance by the Department of Real Estate of Bind Subdivision Public Reports with respect to the Original Property and added property respectively if Developer by written agreement with the Association commits to maintain the slope areas described in Exhibit attached hereto and incorporated herein by this re fcrencc and other slope areas to be maintained by the Association which are included within any added property until such extended dates
Annual assessments shall be levied on calendar year bis and shall be due and payable quarterly in advance on December 31 March 31 June 30 and September 30 or in such other manner as the Board may from tiDe to time establish The annnal assessments for the first year of assessment for the Original Pronerty shaLl be and they hereby are lovid GARR1 34
Ex 16-6
1524
Broadmoor San Clem1rnte hereby covenants, and each owner of any Lot within Sroadmoor San Clemente by acceptance o.f a deed or other conveyance therefor; whether or not it shall be so expressed in any such deed ur other conveyance, is and shall b,~ deemed to covenant. and ac;n:-;e to pay to the Association annua.1 assesmnents or charges 1 • ,;ucl1 annua.l asses.sments to be fixed, established, and collectc•d from time to time as hereinafter prov.Uled, The ,:.mnual c1i,,:; c ,,;sments, toqether 'cti th such interest U,eroon and costs of collection thereof cw provided hnrninbelow i .. :: Article V, Secticn .L ,, shall be~ a charge on the land clnd shall be a continuing lh,n upon U1e Lot a.gainst which ,c,ach. such assessment is made, •rhe lien: ,"';hall become effective uDon recordation o.f a notice of claim of Tien in accordance witb :of,ction 2 of Article V of this Declaration. Each such anmu1l assessment, together with such i.nl~1rcst and costs, shall also be the personal obli911ticn of the person or entity who v,as the l)wner of such Lot at the ti:r;n when l'J:e ass,,,;swe11t, or dny portion Uk•;_-eof, fell due and ,;ha11 bind h.ir., heirs, c:c:'.,isees, pDn;onal n:•p1:,?c:entativc1 s, sue cc,:, ,;c:rs and ,1:c:::c c_gns, _·,,.•ccver, tl11? 1:,c rsonal ub1-i_qa tion :•,ha_l l not. pa.-<is to h.i s ,1uccesso1.· in title unl~ss exp:·<:os::,.J .. v assumi:ld by them.
Section 2, Purpose of Annual Assessments. The annual
assessments-levie by the--~,,.;soc-1.ation sh,,11 be 'cr,Tlccted, accumulated, and used ,,,xclusis.',-,Ly for the purpose of p::cwicling for And promoting th,:'! l~leasur{", recreation, h0alth, si:fety and social welfare of the ,1lember.s cif the Association I including the .iroprovenient, mai.nl:ona.nce, irricration 1 r<1p,Lir and upkeep of the :,lope arc~as of E:nJ-:,dmoor S:rn :.:-t.emente doscribe<:1, i_n !''.xhibit "B" ,,ttachod :,c:.n::.to and m,tc:.e 11 part hereof by t r1is reference.
Sect.ion J,
.:urnessmen ts shall::-e
considera ,:ion to the
of the ,ss0ciation.
Ann:ual. hssessrnents. The arriount of annual
det'e1ni.ned by the Board after ~riving due
current maintenance costs and future needs
Sectinn 1, Date :)f ,'.ommcmc,:-1,1,,nt of Anr,~,:;J _<\ssessrri.,1n(:1,:
Due !);1 tcs :-Thi~-· ;J'r'1 :nal as SC 11 ,,fr,ien ts l)t'():;; ldea7:or7i \;r >:in shal:f - ' ' co111,.:::·i'1c-;;--·,-.r; to ,rl: r,ots i:i t.!:l' Origindl :_ropert,,· the fhst day of \:;:,::, 1:1onth following the convcyuncc of the f::irst Lot within said property to an individual Owner. The annual assessments f.oi: Lots added hereafter to the Original Property, pro- vided ,;ai," Lots s!vill have b,:':;:ome subj(:ct to as,-.,,.,,;~ment by i:h1a1 Association, shall commence 'dith respect to ,111 Lo::.s within such added property on the firDt day of the 1:1onth following the conveyance of the f:irst Lot: within said added prope,_-ty to an individual Owner.. Provided, howe,,rer, that the Jtssociation, by a mu j ori ty vote of its Board, may extend the cor,tr:iencemen t date of :mnual as,rnssments for Lhe origin;il Property and any added property to a date not later: than one (l) year h·or:i the date of issuance by the Department 1 nr Real Estate of IJ'inal Subdivision l?ublic Reports with respEjlct to the Origina.l I'ropcrty and added property, respectively, if Developer; by a written agreement with the f'ls1rnciation, commits.to maintain 1:;,e slope areas described in Bxhibit "B" attached he.reto and incorporated herein hy this reference, and other slcp<e • areas to he m,Li,ntainerl by the Association • 1ili.ch are :i 1;,: luacd w ;. :_hi 1: any addoc1 proper Ly ·,mtil such \~xtendetl (.latest
l\nnual assessments shall be levied on a calendar year basis ru1•l shall be due and payable qua~terly in advance on December :n, Mt1rcll Jl, June 30 and Ser:,tcrnJJGr 30, or. in such c,l:11or mani:,2r as t:he ,·:c.:,,_-,l may from time to time estab2-ish. 'l'he. ,1nni:i,:1l t'.:,;,,::smonts for the first year of :isscssment for the Original Property shall be, and they hereby are, levied -6-
GARR134
Ex 16-6
2491
and fi at the rate of Pundrod Aent Eiht Dollars 2jLQQ par tot and shah be in an amount whici tars the come relationship to said assessment as the remaining num ber us months in that year bear to twelve 12 The same pro ration in the amount of assessment shall apply to the first as sesument levied against any tot which is added hereafter to the Original Property at time other than the beginning of any cal endar year assessment period After consideration of current maintenance costs and future needs of the Association any assess ment may be reduced by resolution of the Board Section Duties of the Board of Directors The
i3oard of Dictors 0r SSoclati shall fixte amount of
the annual assessment against each Lot subject thereto for each annual assessment period at least thirty 30 days in advance of such period and shall at that time prepare roster of the Lots within Bioadmoor San Clemente and the annual assessments appli cable thereto which shall be keot in the offiae of the Associa tion designated by the Board and shall be open to inspection by any Owner during normaL business hours
Pritten notice of the annual assessments shall be sent to every Owner subject thereto at least fifteen 15 days in advance of each annual assessment period Upon demand the Association shall furnish to any Owner Iiable or annual assessments certificate in Writing signed by an officer of the Association setting forth whether said as seosnent or any portion thereof have been paid Such certi ficate shall be conclusive evidence of th payment of any assess inent or portion thereof therein stated to have been paid reasonable charge may be made by the Board for the issuance of any such certificate
Section With
out exception each tot dned by Developer shall be subject to assessment to the same extent and in the same manner as any other Lot owned by any individual Owner
Section_7 Uniform Rate of Assessment Annual assea
ments shall be kixodat aTorm rate for all Lots within moor San Clumente Section Abandonment No Owner may waivF or other
wise escape personal flabihity for the assessments provided for heroifl by abandomnont of his tot
Section No Offsets No offsets against any assess ments shall be permitted for any reason including without limitation claim that the Association is not properly exer cising its duties ci maintenance or enforcement Section 10 Exem Pro art The following property subject tThIs Declaration exempted from the assess ments charge and lien created herein all properties dedi cated to and accepted by local public authority all prop erties exempted from taxation by the laws of the State of Cali fornia upon the terms and to the extent of such legal exemption Notwithstanding any provision herein no real property or impsovements devoted to dwelling use shall be exempt from said assessments charges or liens GARR1 35
Ex 16-7
1625
,,nd fi::,,•d D.t. th,c1 ,r.,.,te .:if I',,(; :lundn:,d 't\'10T1',:"-l1:jqht Dollars (S ?.28,00 ) per. 1,ot an shal oe in an amount w c i.:ara the smne relatTonsi:ip ,:o c;aiu assessment as the remilining num·- Ger or m:::!~tlrn in that year bear to twelve (12). The same procation ir: the amour.t ,~,f as:c;essment shall apply to the first assessment levied against· any Lot which is added hereafter to the Originnl Pro)?icil'."ty at a time other than the beginning of any calendar year assessment 0:i:!riod. Aftfi!r consideration of current:
m:Lintenance cost,·; arid fu'.:Ure n<':eds of the Association, c1ny assess- ment may .be .reduced b:1 resclution of t.he Board.
Section 5. D·c1U.es of the Board of Direc<:or,,. ':'he Board of DLrectors 0 t e ~ssociat on sha e amount of ::.he annual ,1ss,Jssrnent ,c1ga.: :-:st ,3ach tot subj(3Ct t':er,~to for each annual assessment period at least thirty (30) days in advance of ,,uch per-5.od and shal 1, at that time, prepare a roster of the Lots within '.lroadmoor San Clemente and the annual assessments appli- cable tl·.en::to \•,hich shnll be k,)ot in C:he offi.ce "of che T1ssociation detd.gn,,tad by ':h,,1. Boa1·d and shall be open to inspection by any 01-1ner durinq normal business hourn.
Wdtten notice of the annual assessments shall be sent to ev<~ry ONner subject thereto at least fifteen (15) days in advance of each annual assessment period.
U,Jon demand, the Association shall furnish to any Owner liable for annual asse,,s,ments a certificate i11 writing signed by an officer of the Asscci,'.ll:ion setting forth •,.;hether said at,- sessment or any po:ction thereof have been paid. Such. certiticatc1 shall be conclusive evidence of the payment of any assess-- ment o.r portion thereof therein stated to have been paid. A rnasonable charge may Ler made by the Board for the issuance of any such certificate.
s,x:tion 6. Assessment of Lots owned by _Devel:2,Per. ,:,nt uxccption, ,,.,ach Lot: ow:,ed hy Dev,-!loper shall be :,ubJec::. assessment to the same extent and in the sa.me manner as any ,.,,,t m111wd by any indiv1 :ii.la I. o,:,mer.
Withto
other
Section 7. Uni f'.0.1.m Rc,tt!I o:: AsSe!'lBF.\ent:. ,'\nn11al ».sc;r.•ic, ment1:, sha.:..l. be fixi;d. at a uniform rate !'or all Luts w:it1.1in f:r,.~•;_fr :1;,:;,or Sa,1 Clc.,mente,
Section 8. Abandonment, No Owner may waiv,, or -:the.::-- ',;ise escape personal lial'nlity for the assessments provided fc, 1· heroii, by ab,rndonment ::if ,his Lot, Section 'J. No Offsets. No offsets against any a.ssess- !:H"nts shall be [)ermitted :fc,.r- dny reason, inoluding, without limitation, a claim that the Association is not properly exercising its duties of mairttonance or enforcement.
I
• Section 10. Exemet PhotirM. The following property subject to this Declarat 'on a a exempted from the assessme:i ts, chai:ge and lien cr,,atc~d herein: (a} c\ll properties cle('Ji.- cated to anu accepted by a local pub lie authority; {bl all prop- erties exempttcld from t.axc1tio1~ by the laws of the State of California, ul?<),, the terms and ttl the extent of such legal exemptior.. . Not'.ll thst,rnding ,rny, prov~sion herein, no real property or uoprove:nc,nt~ devot,,d • ,_; d·:1elL1.ng ·,1se shall lH1 exempt from said asoeGsments, charges o~ liens,
GARR135
Ex 16-7
2492
I224P 594
ARTICLE
NT OF ASSESSMEMTS
Section_1 uencyndRemedicsofAociatio if any annual a5essmcnL or any potion thereat not naid on thc date thc due beinq the thtes specfied Section of Article IV hereof then such assessment or portion thereof thall bccome dci inquent and shall together with interest and costs of collection as orovided hereinbelow thereupon become continuing lien on tht Lot against which such ao.se.ssment was made as core part.icu.lar.ly dese rihed in frticla IV Section hereinabove
If any annual a.ssE..ssment or any portion thereof is
not piid within thirty 30 days aftei the aelinquencv dae it sha.ll bear .interest .f.rom the date of delinquency a.t the then legal taLe and in dddLton to all other legal and equitable rghs or remedies the Association may at its option bring an action at law again.st the Owner person.ally obligated to pay the .same or upon compliance with the notice provis ions set forth tn 3oction hereinoelow to foreclahe the lien against the Lot and there sha.ll to addad to the amount of such asse.ss cent or any per Lion theeof and interest thereon all c.o.stS and expenses including reasonable attorneys fees incurred ly the ..ssociat.on in co.liecti.ng the ds.linque.nt assessment In lieu of judicially foreclos.ing the lie.n the As.s.ociat.ion at itq option may forecloue uch lien by proceeding under
or of sale as provided 1.threinbelow in Section such power of sale being g.ien to the Associ.a.tion as to each and every Lot for the purpose of collecting delinquent assessments Rach Owner yes ts in the p5ociztjorl t.o guecess.or or assi.cjns the right and power to hrlnq all actions of l.aw or ilen fore ci.os u.re agni on such Owner or other Owners far purposes of colleatiag delInquent assessments
ertton Notice of Claim of Lien No action hall
he brought to foreclose the lien or to proceed under the pow or of sale less than thirty 30 days after the da.te noti.co of claim of lien executed by duly authorized representative of the .Associat.ion is record ed with t.he Ora.nqe County Recorder .sa id no tice stating amount alL aImed whIch may md ud.e in terast and costs of callction including reasonable attorneys fee good and sufflc..iènt leg.al descriptIon of the Lot being asaesed the name and address of the Associ.ation as ala mant and the name of the record Owner or reputed Oner thereof o.py of saId no ti.ce of el aim shall be deposi.te.d In the Uni.te.d States mail certified or registered and postage prepai.d to the Owner of the Lot
Section Foreclosure Sale Any such sale provided
fat abov ha.llLa .50 fldUC .iLn accordance wi Lb th.e pro via icna of Sections 2924 2924b and 2924c of the Civil Code of the State of California applicable to the exercise ci powers of .le in mo.rtgagc.a and deeds trust or in any other mann.e.r permitted or provided by.law The Association through its duly authorized agents shall have the power to bid on the Lot at foreclosure sale and Hto acquire and hold lease mort.gage and convey the .uame
Sectio Curirq of Default Upon the timely curing
of .any d...iult for wEic.1Eiccof claim of li..en was recorded GARR136
Ex 16-8
1726
ARTICLE V
NON-1:AYMEN'.l' OF ASSESSMENTS
BK I I 224PG 594
Section l. Delin uenc, and Remedies of Association,
If uny annual assessment, or any port1on ereof, :i.s not paid 011 t.he date when due (being the dates specified in Section 4 of Article IV hereof) t the'l'.I such assessment or portion the:i:eof shall become delinquent and shall 1 together with interest and costs of collection as provided hareinbelow, theret1pon become a continuing lien on the Lot against which such assessment was made as more particularly described in Article IV, Section l, harei11above. '
If any annual assessment, or any portion thereof, is
not p,dd within thirty (30) after the delinquency date, it shall b0ar interest from the of delinquency at the then legal rate, and, in addition to all other legal and equitabl1? r.tghts or remedies, the Association may, at its option, bring an action at law against the owner personally obligated to pay tl:te same, or, upon complJiance with the notice provisions set forth in Section 2 hereinbelow, to foreclose the lien against the Lot, and there shall be added to the amount of Stlch· assess~ mentor any portion theieof, ancl interest thereon, all costs and e:1penses, including .reasonable attorneys 1 fees, incurred by the Association in co!llecting the delinquent assessment.. ln lieu of judicially forec:losing the lien, the Association, at its option, may foreclo1re such lien by proceeding under a power o.f sale as provided h13reinbelow in Section 3, such a power of oal.e being given to t~e Association as to each and every r.ot fo.r the purpose of collecting de.1.inquent assessments. Ea.ch owner vests in the Association., its. successors or assigns, the and power to bring all actions of law or lien foreclosure agr1i n~ t such Owner or othe~ Ol·'l!1e!'"s for purpc:::c::: of ~ollecti:t,g delinquent assessments ..
Section 2. Notice of Claim of Lien. No action shall
be brought to foreclose j:.he lien, or to proceed· under the power of: sale, less than thtrty (30) days after the date a notic1:J of claim of lien, exeouted by a duly authorized representative of the Association·, is recorded with the Orange County Recorder, said notice 5t:.ating the a.mount clD.imed (which may i1iclude interest and costs of coll~c:tion in.eluding a reasonable attorney's fee) , a good and. sufficient legal description of the Lot being assessed, the name and al;'ldress of the Association as alaima.nt, a11d the name of the recoi-d ownar or reputed O\'!ner thereof. A copy of said notice of claim shall be deposited in the United States mail, certified ot registl'lred and postage prepaid to the owner of the Lot. •
Section 3. Foreclosure Sale. Any such sale provided
for above shall be conducted in accordance with the provisions of Sections 2924, 2924b, and 2924c of the Civil Code of the State tif California, app4icable to the exercise of powers of salo in mortgages and da~ds of trust, or in any other manner permitted or provided by ,law. 'rhe A.ssociation, through its dul~• authori1::ed agents, ~hall have the power to bid on the Lat at foreclosure sale, and ·to a.m.1uire and hold, lease, mortgage and convey tha same.
Section 4. Cuririq of Default. Upon the timely
of any default for which a notice of claim of lien was
-8- GARR136
Ex 16-8
2493
KU224pg 595
by the Association the offtcere of the Association are hereby authorized to tile or record the case may be an appropriate release of such notice upon payment by the defaulting Owner of fee to be determined by the Association but not to exceed $50.00 to cover the costs of preparing and filing or recording such release together with the payment of such other costs interest or fees as shall have been ineurrcd
Section Cumulative Remedies The assessment lien
and the rights to foreclosure and sale thereunder shall be in addition to and not in substitution for all other rights and remedies which the Association and its assigns may have here under and by law
Section Subordination of the Lien to Mortcages The lien of the assessments provided for herein shall be sub ordinate to the lien of any dced of trust or mortgage now or hereafter placed upon any of the Lots within Broadmoor San Cleente subject to assessment provided however that such subordination shall apply only to the assessments which have become due and payable prior to sale or transfer of such Lot pursuant to decree of foreclosure or any other proceeding in lieu of foreclosure Such sale or transfer shall not relieve such Lot from liability for any assessment thereafter becoming due nor from the lien of any such subsequent assessment
ARTICLE VI
ARCEITtOTURAL COMMITTEE
Section Approval bvArchitectural Committee Mo
fence wail buflding or other structure or u.teriur ddtian to or change or alteration thereof including painting shall be commenced cons tructed erected placed altered maintained or pennitted to remain on any of the real property within hroad moor San Clemente or any portion thereof until plans and spe cifications shall have been submitted to and approved in writing by an architectural committee initially to be appointed by Devel oper the Architectural Committee Said plans and specifica tions shall be prepared by duly licensed architect or other person approved by the Architectural Committee and shall include where appropriate the following Plot plans showinq the
location of all structures and showing grade elevations and drainage Building plans including floor foundation and
ioof plans with all materials therefor Exterior elevations and surfaces sections structural design and salient exterior details Id General exterior color schemes and Ce Landscaping plans showing type location and elevation of trees bushes shrubsr plants hedges and fences Provided however that De veloper shall not be required to comply with any of the provi sions of this Section All such plans and specifications shall be submitted in writing over the signature of the Owner of the property or such Owners authorized agent Approval shall be hosed among other things on adequacy of site dimensions ade quacy of structural design and material comformity and harmony of external design with neighboring sLructures effect of location and use of improvements and landscaping on neighboring property improvements landscaping operations and uses relation of topography grade and finished ground clevtion of the property being GARR1 37
Ex 16-9
1827
BKf 1224f6 595
by the 1\saooiation, the officers of the Association are hereby authorizod to file or record, as the case may be, an appropriate release of such notice, upon payment:. by the defaulting owner of n foe to be determined by, the Association but not to exceed $50,00, to cover the costs of preparing and filing or recording such .r.elease together with the pe.yment of such other costs, interest or fees as shall have been. incurred. • Section 5. Cumulative Remedies. The assessment lien
and the rights to foreclosure and sale tqereunder shall be in addition to and not in substitution for all other rights and remedies which the AssociJtiotl and its assigns may have hereunder .. nd by law.
Section 6. Subordination of the Lien to Mortgages. The lien of the ~ssessments provided for herein shall be subordinate to the lien of any deed of trust or mortgage now or hereafter placed upon any.of l:h.e Lots within Broadmoor San ClementG subject to assessment; provided, however, that such subordination shall apply.only to the assessments which have become ,tue and payable prior to a sal.e or transfer of such Lot pursuant to a decree of foreclosure, o:t" any other proceeding in lieu of foreclosure. Such sale or l:ro.nsfer shall not :relieve such Lot from liability f<ir any assl?lssment thereafter becoming due, nor frozn the lien of any such subsequent assessment.
ARTICLE VI
ARCHI'l'ECTUAAL COMMITTEE
Section l. Aporovnl bv .11.rchi tectural Cowmittee. N'o fence, wall, building, or :other structure, vs: i:xterJ.us: aut.11.t.ion to or change or alteration thereof (including painting), shall be commenced, constructed,: erected, placed, altered, maintained or permitted to remain on anl' of the re al property within Broadmoor San Clemente, or any portion thereof, until plans.and spe- cifications shall have been submitted to and approved in writing by an nrchitectural committee, initially to be appointed by Developer (the "Architectural Committee"). said plans and specifica- tions shall be prepared by. a duly licensed architect or other person approved by the Archi tectm:al Committee and shall include where app.ropriate the fo11:owing: (a) Plot plans, showing the location of all structures: at\d showing grade elevations and drainage; (b) Building plar,s, including floor, foundation and roof plans, with all matertials therefor; (c) Exterior elevations, and surfnces, sections, st~uctural design and salient exterior details; (d) General exterior color schemes, and (e) Landscaping plans, showing type, locat;ion and elevation of trees, bushes, shrubs, plants, hedges and; fences. Provided, however, that Developer shall not be requi:red to comply with any of the provisions of this Section l. All such plans and specifications shall be submit.ted in writing over the signature of the owner of the prope.rty or such Owner's authorized agent. Approval shall be based, among other things,;on adequacy of site dimensions, adequacy of structural design: and materialr comfo:cmity and harmony of external design with neighboring structures; effect of location and use of improvements and landscaping on neighboring property, improvomcnts, landscnping, operations and uses; relation of topography, r1rade and finished ground ,:!levation of the property being GARR137
Ex 16-9
2494
1I224 595
improved to that of naiqhboring property proper facing of main elevations with respect to nearby streets preservation of view and aesthetic beauty and conformity of the plans and specifica tions to the purpose and qeneral plan and intent of this Deala ration In any event the Architectural committee shall have the right but not the obligation to require any Member to re move trim tap or prune any shrub tree bush plant or hedge which such Committee reasonably believes impedes the view of any lot
Section Term of Architectural Ccmmitt5ted
byoeveloppr The Arcocturnl Committee appThted by Developer chi remain in office until the happening of any of the follow ing vents whichever occurs earliost
When ninety percent 98% or more of the Lots
within Broadmoor San Clemente have been sold
On the expiration of three year period
from the date of issuance by the Department of Real Estate of the State of California of Final Subdivision Public Report with respect to any portion of Uroadmoor San Clemente without the filing of Botice of intention and Questionnaire with re suect to any other portion of such property as required by SeeLionS 11010 and LiOll of the California Business cad Professions Code or
cj On December 31 1980
From and after the happening ot these events
whichever occurs earliest the Architectural Committee shall be composed of the Board of the Association or by three or more representatives appointed by the Board
Section_3 Failure to Aporove or Disapprove Plans and
hpecifications In the event the architectural Committee or its repreentatives designated in accordance with Section hereinbelow fails to either approve or disapprove such plans and specifications within thirty 30 days after the same have been submitted to it it shall he conclusively presumed that the Architectural Committee has approved such plans and speci fications All improvement woik approved by the Architectural Committee shall be diligently completed and constructed in ac cordance with approved plans and specifications
Section No Liabi1ij Neither Developer the Asso
ciation the Ardiitectural Committee or the members or designated representatives thereof shall be liable in damages to anyone submitting plans or specifications to them for approval or to any Owner of proverty affected by these restrictions by reason of mistake in judgment negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specifications or icr any detect in any structure constructed from such plans and specifications Such plans and specifications are nut approved for engineering design Every person who submits plans or spe cifications to the Architectural Committee for approval agrees by submission of such plans and specifications and every Owner of any of said property agrees that he will not bring any action or suit against Developer the Association the Architectural CommitteG or any of the members or designated representatives thereof to recovor any such damages
GARR1 38
Ex 16-10
1928
i1np,.·uvull to th,At nf neighL.,1:ing proper::.y; proper 1'~:cing or' milin elevations with rciipect i:o tH:arby streets; pres 01::v,J. t.ion of view and aest:-,8 tic beauty; and conformity of the plans and speoifica·· tions to ,.:10 purpose and general plan and intent of this Deola- . ration. In any event, the A:r:chitectural Committee shall have the righi:, but not the obli,,;ation, to require any Member to remove, trim, top, m: prune a.1:y ahrub, t:t:ee, bush, plant or hedge which such Committee reasor:ably believes impedes the view of any Lot.
Section 2. Term of Architectural committee A inted
bv Developer. The Arclu. actu:r:il omnu.ttee appointed y Developer efiall rem·airl in off ice un ti.:. the ht1ppening of a1:y of the follow-- ing ,~vt~nts, whichever occu::-·., •'larliest:
(a) \>/hen ninety percent (90%) or more of the Lots
with.in Br-oc1dmoo.i: San Clemente have been sold;
(b) On the'el<piration of a three (3} year period
from L:H.1 date of u:suance ny '. he Depa.rt1;,,unt of '"·''' :. Estate of the :it:.1tc-:, of Cali:.ornia oL c1 i:'inal SulJclivis:i.on l'ubl.ic Report with r,1spect to any portion of Broadmoor San Ch'1:1nnte withc,ut the fili.nu of a Notice of Intention and Questionnai:l.~e with re-- spect to ,~,ny other portion of such property as required by Sections 11010 and LlOll of the Cali.fornia Business and Professions Code, or
(cJ c)n Decem;,Jer 31, 1980,
From irnd 21fter the happenimi of these events,
whichever c,cnu;-s earliest, the Architectural Committee shall be composed ,,;" the Doard of t:he ;\ssociation or by three (3) or more representatives ap;;:~inted the Board,
section J. Failu:c,2 t:o J\porove or Disap~;:-ove Plans and Speci.fica'--i.ons. In t e event t e Arc 1.tectural Comm.1.ttee, or 1-ts representatives designated in accordance with Section 8 hereinbelow, fails to ei th,ar approve or disapprove such plans and :·,p,::c f.icati.u:-1:; ',1ithin i.r·t·y (301 d,:iy:; afte,· :·;,,., same :1:1vu been ,,ubmit.ted tu i.1-, it :,:i:d 1. be conclus.Lvely presc:1:1ed th.:1t tl1e A1:chitcctur..1l :~ummitt,_,,. 11·7·"'' approvec.1 :,uch pi c111:_: and spc,ci fications. All improvement work approved by the Architectural Committee shall be diligently completed and constructed in aoconlance ·,Li. th approved plans and specifications. . . Section 4: No LiaI,::__ili~. Neither DevelolJer, the Associat:i.on, the Arcln r.ectura.l committee or the members or designated r:epresentatives thereof shall be liable in damages ::.o anyone subinittinlf plans or specification:, to them for llpproval, or to any owner oE property atfiected by these restrictions by reason of mistake"' i.n judgment, negligence, or nonfeasance arising out of or in connection with;the approval or disapprova.l or failure to a,pprove or di1:Japp,:ov..-:, any such plans or specifications, or tor any defect in anv ,;t.i:-1..Jcture constructed from such plans and specific:1tions. such plans and specifications are not approved for engineering d<'!sign, Every person 1,1ho submits plans or specifications to the Archi~ectural Committ:ee for approval agrees, :,'{ "ubmii:;n ion of ~;uch '"'-.,ns and speci.fications, and every Owner '' any of :,,1 id proper·; 'i i,irees di<'.\ t·. he will :h1 :·. bring c:,ny action or :,uit a,Fd.n.s'!: Deve,,::p,•c, the Association, tho Architr,cL1ral 1:ommittee or· ,:my of ':'te members ur designatvd represent:,1tives ~1creof to recover any such damages.
GARR138
Ex 16-10
2495
J224 597
Section Notice of Noncom lianc or Noncom letion
Notwithstanding anything to ie contrary contained terean after the expiration of one year from the date of issuance of building permit by municipal or other governmental authority for any improvements said improvements shall in favor of purchasers and encumbrancors in good faith and for value be deemed to be in compliance with all provisions of this Article VI unless actual notice of such noncompliance or noncompletion executed by tha Architoctural Committee or its designated representatives shall appear of record in the office of the County Recorder of Orange County California or unless legal proceedings shall have been instituted to enforce compliance or completion SctionG Regulations The Architectural Commrtthe may from tine to time in its sole discretion adopt amend and repeal reasonable rules and regulations interpreting and implementing the provisions hereof Section Variances Where circumstances such as
topography location of proprty lines location of trees con figuration of Lots or other matters require the Architectural Committee by the vote or written conseiit of majority of the members thereof may allow reasonable variances as to any of the covenants conditions or restricjons contained in this Declara tion under the jurisdiction of such Committee on such terms and conditions as it shall require provided however that all such variances shall be in keeping with the general plan for the provement and development of Broadmoor San Clemente
Section The Archi tectural Committee may from time to time by majority of the mombers thereof delegate any of its rights or responsibilities hereunder to one or more duly licensed architects or other qual ified persons who shall have full authority to act on the behalf of the Architectural Committee in all matters delegated cifications
Section Review Fee and Address All plans and spe rTred by Section hereof shall be submitted in writing Lt approval together with processing fee not to ex ceed Pf.y CoiLrs $50.00 The address of the Architectural Committee is 17802 Irvine Boulevard Tustin California 2780 or such other place as maw from time to time ho designated by ho ArhiLcturaj CommitL or written instrument recorded in the office of the County Recorder of Orange County and the last instrument so recorded shall be deemed the Architectural Com mittees piover address Surt address shall be the place for the submittal of plans and specifications and the place where the current rules and regulations if any of the Architectural Committee Shall be kept
Section 10 Inspection Any member or agent of the Architectural Committee f1om time to time at any reasonable hour or hours and upon rORsonab notice enter and inspect any property subject to the jurisdiction of said Architectural Com mittee as to its improvement or maintenance in compliance with the provisions hereof
ARTICLE VII
GENERAL RESTRICTIONS
Section Fccopt as provided in Section Oereof no buIld rig structure or improvement shall be cons trucod erected GARR1 39
Ex 16-11
2029
/
/
n~ I 1224PG 597
S<'icLi.011 5. \or Lee ol' Noncom lianc.:~ •.)r t/on(;o1:, Jlr__;tion.
Notwi ths Fanding-anytfiTng to e contrai:y contai.n ore n, after U1e c,X~iirc1tion of on," (.1.) year from the date of issuance of a building pc:rmi t by munL,i1Jal or other governmental aur.hority for any impr,;iv,~ments, sa:i.d improvements sh;:ill, in favor of purchasers and encumbrancers in good faith and for value, be deemed to be in compliance with all provisions of this Article VI, unles;c; actual notice of such noncompli,~nce or noncompletion, executed by the Archi tectur.al Cammi t tee o::-· its des igna tad re.present.a ti v"'s; shall ,q;ipeai: cf record in the L)ffi.cu at the County Recordci.r of Qrang0 County I Califo:rnia, or unless legal proceedings shall have been in::;titutod to enforce comf")liance or completion.
Section 6. Hules 2.nd Regulations. The Architectural
Committee :nay from time to time, in its sole discreticn, adopt, amend and repe~l raason~ble rules and regulations interpreting and implell',ent:in9 the pr:.:vi c<ions hereof.
S'l·'Ct i.on 7. 1--'ar_i a:1::Bc' " \•ihc!r(c:; circums ta nee" s::c'1 as t.opogr..,phy, location of property lin-cin, loca tior: o 1· trees, conf: .. gui:a i: i.on of Lots, or ot,:er matters require, the Architectural C,:mmH:t.ee, by t·he vot:e -:,r .,,,rittQn consei1t uf a majority ,·,f the members thereof, may allow- reasonable variances as to any of the covenants, conditions or:rescrictions contained in this Declaration under the jurisdiction of such Committee, on suer: terr.1s and conditions as it shnll require: provided, however, that all such vctriances shall be i:-i keeping with the general plar: for the improvemnnt and development of Broadmoor San Clen:.ente. ;,ection !3. A?£t;i11tment and Designation. 'l'he Architectural Co::uni ttce may f1:om time to time, by a majority of the members thereof, dekga-cti any of its rights or responsibilities hereunder to one or more dulv licensed architects or other qualified perso:1S who shall have· full authority to act on the behal.f of the Architectural Co111liictce in all matt8rs dele0,ated.
Soc ti on 9. ,~c,v i ew FAA and Address. All plans and apeci eications req1uri:>!d by S.ect.i.on l hereof Shil.11 be snbrnitted in w:..;iting to,; approval together with a precessing fee not to ex- c,,ed ~'5.r"t'/ [:.,d 1..n;s {;: :o. 00) . T:1,., ,.ldd.n:~sr, ,.1J' :·.he A,·ch.i. tectm:al Committe,2 is l 7802 Irvine Boulevard, Tustin, C,'.tlif.or-n~a 92780, o~: s'J.cb other pL1.c1c· a.; mav from time tc time b~J ch'JsJ.gnated by t:.h) Ar: .... t1i 1:,2c 1:.ul·al Comr,i i-te,· b'.' n w.ci tt~en instrument recorded in the office of the County Recorder of Orange County; and the last instrument so recorded shall be deemed the Architectural Commit tee 's p:rnper address. - su.::h address shall be the place for the submittal of plans nnd spec i fi.ca tions and the pl,':1.ce where the current rules and r"":cJtllations, if any, of the Architectural committee shall be kept.
Section 10. Int,:;ectiGn. Any member or agent of the
Archi tac turul commit tee ma.y from time to time at any reasonable hour or hours 11nd upon ::-:casonable notice enter and inspect any propertl'' subj,~ct to the jurisdiction of said Architectural Committee as to its improvement or maintenance in compliance with ~ne provisions hareof,
\ltf.l'.CLE VII
Section 1. E:~ept as provided in Section 3 hereof, no bUildJ.ng-;-sfructu"re er in,c1ro·.·em8nt shall be constr:1.cr:cd, ,.;racted, GARR139
Ex 16-11
2496
BKH224PG 598
altered placed or permitted to remain on any of the Lots with in the Original Property other than singiefamily dwelling do signed for occupation by not more than one family
Section Neither the real property within Broadmoor
ban Cemente nor any portion thereof shall be used for any pur pose tending to injure the reputation thereof or to disturb the nerqhhorhood or occupants of adjoining property or to con ntituto nuisance or in violation of any public law ordinance or regulation in anywise applicable thereto No business or commercial activity shall be maintained or conducted upon any of the Lath
Section3 Daveloper its successors and sedans may
use any of the real property within Broadmoor San Clomenta owned by them for model home sites and display and sales offices and incidental parking and may use such real property for the erec Lion and maintenance of other structures displays exhibits and signs as they may deem necessary or convenient during the con struction and sales period
Section No building structure or improvement shall
be constructed erected alterob placed or permitted to remain on any Lot in such location or manner or height as will unres conably obstruct or interfere with the vicW of any other Lot provided that all buildings structures and improvements as originally constructed by Developer thall be deemed to not un reasonably obstruct or interfere with the view of any Lot in Oroadmoor San Clemente No projectibns of any type shall be placod or permittee to remain above the roof of any residential building with the exception of one or more chimneys and one or more vent stacks No outside television or radio pole or an tenna or other electronic device shall be constructed erectod or maintained on any building ar on any procerty within Broadmoor San Clumente or connected in such manner as to be visible from the outside of any such building
Section When garaqos are not in use garage doors
shall belosed Garages shall be used only for the purpOs parking automobiles and storing an Owner1s hcncheld goods No open carport shall be constructed or maintained upun my Lot Section No shed tent or temporary building shall
he erocttained or used on any property within Broadnioor San Cieniente provided however that temporary buildings for use end used only for purposes incidental to the iniLial con Otruction of inprovemente and dwellings on any portion of Broadmoor San Clemente may be cons tructud and maintained provided that said temporary buildings shall be promptly removed upon the complotion of such construction work
Section No mobile home boat truck trailer or
recreativeiiClC of any kind shall he kept stored parked lothur than temporarily maintained constructed or repaired on any property within Broadmoor San Clemente in such manner as to he visibic from any neighboring property provided how ever that the provisions of this section shall not apply to emergency vehicle repairs Temporary parking shall mean park ing of vehicles belonging to guests of Owners delivery trucks service vehicles nd other commercial vehicles heinq used the furnishing of services to the Association or the Owners and GARR1 40
Ex 16-12
2130
ot I i 224Pli 598
altered, placed or permitted to remi.lill on any of the Lots within the Origi:\al Pre:rie:c::y othz~r than a sirHJlo··f@,il·;• d·.,elling designed for occupation by not more tho.none fnmily, ~iection 2, Neither the real property within Broadmoor
San Clemente nor a,-,y port:.on thereof shall be m,ed for any purpose tendi11g to injur£~ tha repntation thereof, or t() disturb th~ nei~iborhood or occupants of adjoining property, r to const2tute a nuisnnc~, ur i11 violation of any rub1iu 1,n~, ordinance, or re,;ulation in an:;wic:e •c1pp.licable thereto. Ne businc,ss or. commercial activity sh,"11 be maintained or conducted uptm any of the Lots,
Section 3. Developer, its m1cccssors and assigns, may
tWe any of the :n'!al pr::,r,e1·Ly within Broadmoor s.,n CJe1:1C,ntu owned by thom l'or mod0l home sites and dis:,Jay and sales offices and i.:.c:Lrlcntal parkit·,q, :1w2 m:iv rn:;e such real oronert·v tor the e1:·cction and :naintenance of othe1: oti::uct·c:res, displays, e:xhibi ts and ;";ign:.; ..-tt: t;;ey may d,,,"m ·e,:,,-s~;ary or conve1:ie1,1· d-,:r11·,g :he construction and sales period. • ·-:ection_ i\. No building, structl1re, or improvement shall bt3 constructed, 11rec tee:, u..L tere'd, placed or permi t.~·.cd 1:0 remain on any Let in such location or manner or height as will unreasonably obstruct or ·.n'.:,:,r1"2re with the view of 2ny othc,r Lot; provided that all bn.i.ldin9s, structures nnd improvements as ori9inally .:onstructed by Developer shall be deEc::'.,ed to not unJ;easonably obstruct er intorf(;l;.~e with the vi,ew of any L(,t i.n :3r.o'1dmoor S,1n Clemente. Mo projections of any type, ,;h,111 bt~ plaocd or permitted to ~-enic1in above the roof of any residm1tial build.i ng wi Lh the exception of one or :no:nz; chimneys and one or more vent stacks. No outside television or radio pole or antenna or other electronic device shall be constructed, erected or mciintn:1.n?lcl on ,my bt:ilding or on any property withL, Broadmoor San Clemente or connected in such manner as to be visible f1:om the outside of ,my suc:11 building.
Section ';, 1·ihen gc11~asu.:!S ,1rn not: j n U!":e, garc1g,1 dorir,3 shall b,:" clost'ri. Garag,.;'.; shall ho U!""'c,d only for the purpoi.h: u£ parkinq automobilas and storing nn Ownor.' s !10 .,sc •>11 g,c,,d:,:. :-10 o,,.:n r~ai:poi:t :ci,hal l be' ccnstru:; ted or maint;1 ill(~,t \lj)C!' .,ny Lot. !Yection 6. ho :shed, l:.c'!nt 01 temporary bt,:.i.:rn .. : shall be erected, ma;i.ntained or used on any p1;operty within Broadmoor f,,111 Clemente; provider], hovever, that temporary bui hii;, ~"rs for use 1m'1 used only for purposes incidentlll to the ini ti~l construction of improvemen::.:; and dwellinqs on any pcrtion of Brandmoor San Clemente m~y be constructed ;rnd main taincd provided that snid temporary b11ilc~ings shall be prumpl:ly rcm,,veci upm, the comp.lotion of such constnicti,m vrm:k.
'Saction 7, tio ,1\cbile home, boat, truck, tr1.1iler, or recrcationcil vehicle of any kind shall be kept, r,torcd, pa:d<-ed (other l:han tempor,irily ): , ;nain tained, cons truct<,'d nr" repaired, on any property within Broadmoor San Clemente in such i'.I manner ,:s to be visible• frcm ,iny neiqhbor:i.ng prorei::ty; prcvi,:c.ci, however, thdt the provisions of this section shall not apply to emergency vehi cJ.c, rcpa.2.rs. 'l'c11wor,ny parkinq st,:il l m,.:.in pai:king of vehicles belonging to guests cf Owners, delivery trucks, :.;arvice vei1iclos ancl a,t,ct· corn.mnrcidl vehi"cJ,;s bci::,1 w;e.J L1 \:he fun1i.<Jhin9 of service,; to the Association or th<~ Owners and GARR140
Ex 16-12
2497
224PC 599
of vehicles belonging to or being used by Owners for
ioding and unloading purposes
Section No singlefamily dwelling shall be con StuCted1ntajned upon any Lot or any portion thereof which lies total livable floor area exclusive of any porch patio basement garage or other accessory outbuildinq wheth ci or ot attached to such dwelling of less than one thousand seven hundred eighty 1700 square feet
Section ho privy shall be erected maintained or used upon any portion of Broadmoor San Clemente but tempo roy urivy may be permitted during the course of construction of building Any lavatory toilet or water closet which shall he erected maintained or used upon any portion of Broadmoor San Clemant shall be enclosed and located within building par mitted under this Decthratjon to be erected within Broadmoor an Clemente shall be properly connected with the sewer system and shall be so constructed and operated that no offensive odor shall arise or otherwise escape therefrom Section 10 Except fore sign of customary and reason able dimensions advertising Lot for sale such sign to be located on such Lot no sign or other advertising device of any oharactcr shall be erected maintained or displayed upon any portion of Broadmoor San Ciemente provided howevet that Devel opar its agents and designees may erect and maintain such signs and other advertising devices or structures as it may doom neces anry ir pioper in connection with the conduct of its operations for the development improvement subdivision and sale of the Lots within Broadmoor San Clemente So long as it is an Owner of at least twentyfive percent 25% of the Lots Developer or the Association may summarily remove and destroy all unau thorized signs Suction Il No animals fowl reptiles or poultry shall
be kept within Broadmoor San Clemente except that domestic dogs cats birds and fish may be kept as household pets within Broaf- ioor San Clemente provided that they are not kept bred or raised thnaLn for commercial purposes or in unreaonahle quantities thia Declaration unreasonable quantities shall be c-iueu Lu ilmic the number at dogs cats and birds to two each
Section 12 No weeds rubbish debris objects or mate rials of any kind shall be placed or permitted to accumulate Upoo ony portion of Broadmoor San Clemente which render such gorti-r unsanitary unsightly offensive or detrimental to any property in the vicinity thereof or to the occupants of any such property in such vicinity In the event of the default in the performance of this provision and if such default shall not have been cured within five days after written notice there of Developer so long as it is an Owner of at least twentyfive peLcent 25% of the Lots or the Association shall have the right to enter unon said property and remove all woods rubbish debris objects or materials and do au things necessary to place said property in neat and orderly condition and any ex penses therefor shall become due and payable from the Owner of said property to Developer or the Association as the case may within five days after written demand therefor Section_33 No plants or seeds infected with noxious
insects or plant diseases nhall be brought upon grown or main ained upon any girt of Broadmoor San Clcmente In the Ovent GARR141
Ex 16-13
2231
6K i I 224P5 599
:-','"' ,·:: i r.. or w2:L.i.cl:c.; 1·,,,,lo::,3in,.J t{_,, or being used by 1:iwn,~i:s i"or t,~ctding ,:end unloading purposes, S:'!ction 8, No single-family dwelling shall be cons true ted or maintainG:d u;::on any Lot or any portion the.,,~aof which n.::is a total livable>. :c.:oor area, exclusive of any porch, pa.tio, ,;cL; .. ~:, 1;,,1sernent, garag(j ox other c,ccessory outbuildiaq (wheth- «H.' ot· t":it attached to such dwelling) , of less than one thousand ,.,,.,·,en hundroc.! 0i9h ty ( L, 780) square feet.
Section 9. No privy shall be erected, maintuined or
used upon any portion of Broudmoor San Clemente, but s1 tempo- :ci1ry privy may be permitted during the course of construction of. a building, Any lctva.r:,,ry, toilet or water clos,,t- whic(, shall l)e erect'ccl, maintained or used upon any portion of Broadmoor San Clomenbo shall be ,,,nc·.oscd arn'l located withln a building permit-t.ed under this ''eclaration to be erected witpin Broadmoor San CltemEn:te, shall be p~-,:,perly ccnrwctt'd w1 th r::he -:e\ler ,~ystc>m ;ui.u sha'i l l.l'J so cunsti-·1c:-c·d :1:1d <:)perated that no offensive. odor shall arL:e or othf'rwise escaoe therefrom.
s,,ction 10. E:<eept for. a sign of customary and 1:cason- ,;blo dii:iensions acl':er".:i.sL,g a Lot for sale, Sllch sic,n 'co be loca t8d ,:,1, such Lot, no sign or other advertising device of any Gharactcr shall be erected, n1.1.int.:i.inod; or displaynd uc~on any po i~tion of Broadmoor S,'in Clemente I provided, however, that Devel··· oper, its agents and JcsirrneGs I may erect and maint::tin ,mch signs <tntl other adverr.i.sinc: devicc;s or structur,~s as it may dec,m m~ces~ '>d,l:'Y 1;r proper in connect.ion with the conduct ot L:s o;K.:rations ::ur the d,.c:velopmcmt, improvement., subdivision and. sale of the Lots within Broadmoor San Clemente. So long as it is :,n 011ner ,.:,f at least twenty-fiv(, · ptorcent (25%) of the Lots, Oevelop~r, or the Association, ma:t. summarily remove, and destrc:ly all unautllorizGd :;igus,.
Ser.:1:ioll ll. i'h an:m;i.Ls, towl, ceptU.es or pou.11:ry sho1.Ll be kept 1vi thin BrO?ldmoor San Clemente, except that domes tic dogs, •:atn, birch, and f.~,:.h :.n.,.y l:ept e:1s hou,.;c,holC:: pets ·,it1° i.n :1roac1-- .r:1oor San Clemente provided that they are not kept, bred or raised 1 he 1. :":,n :'or: cmrsne,:cial P,U ~·r·,os(·,S or in um:eaisonab le ,,uarLi '::.es. 'I,; ,1.;,.. j ·" th:Ls Declaration "unreasonable quantities" shall be ·.;:.•.,:,n:,sn,i Lo iim.it th" nu;:tbe.r. 01. dogs, G,1.t1.; and bi.i:ds t.o tv.-o (2) each.
Section 12. No .weeds, rubbish, debris, objects or materiuls of-l:lny kind sha.11 b•" placed or permitted to <1CCU,nt,late upt"\ ,>ny portion of Bro,i:d.:,oor San Clemente which rendei:: :;uch ;iertJ.r r. unsanitary, unsightly, offensive or detrimental to any .Droperty in the vicinity, :-.hereof. or to the occupant:s of any such property in such vicinity. In the event of. !:he default in the parforma11ce of this p.i~oviision, and if such default shall not have been cured within five (5)· days afte;:,- written notice thereol:, Devoloper, so long c1s it is an owner of at lea:St :.wenty-five percent (25 'e) of the Lots, or the Association, shall have the rL1ht t-,o '"nter upon said pr·:iperty ,rnd rumove c1ll .. 1eedcS, rubbish, dubris 1 objects or materi~la and do all things necessary to place said property Ln c2. ne:, t. and ,)r:derly condition .Jnd ,.my ,,xpenses thenc'for shall b&come due and payc1ble from the owner of s,1id p·,~o~,,,rt 0,r to n,w,-·lop;,r 1·· the i'11:sociat:i.on, as lJy, ca::\:· m:.iy b.:, wU:hin five (5) clays after 1vritten demand therefor.
Section 13. No plants or seeds infected with noxJ.ous
insects or plant diseases sh,,11 be brought upon, ,1r:own, Gr maintained upon any part >l: Jro6c::moor San Clemente. In the ovent o :' GARR141
Ex 16-13
2498
XU224
the default in the performance of this provision1 and if such default shall not have been cured within five days after written noticO thereof Developer so long as it is an Owner of at least twentyfive percent 25% of the Lots or the Associa tion shall have the right to enter upon any Lot within Broadmoor fan Clemente and at the expense of the Owner of said Lot remove infected or diseased plants and/or spray the same and/or take such measures as nay be necessary in the opinion of the Developer or the Association to protect the same and/or the com munity from the spread of such infection
Section l4 Trash garbage rubbish and other waste
shall be kept only in sanitary containers All service yards or suiviec aicas clothesline areas sanitary containers and storage piles on any property within Broadmoor San Clemente shall be enclosed or fenced in such manner that such yards areas containers and piles will be obstructed from view from any neighboring property or Street Sanitary containers may be set out for reasonable period of time before and after sche duled trash pickup times
Section 15 Pc noxious or offensive trade or activity
shell be carried on upon eny portion of Broadmoor San Clcmente nor shall anything be done or maintained thereon which may be or become an annoyance or nuisance to the neighborhood
SectioniS All buildings and other structures within
Dreadnoor San clemonte and each portion thereof shall at all times be mnintaind in good condition and repair and well and properly painted No windows shall be covered with aluminium foil or similar material
Section 17 Other than the slope areas described in
Exhibit B1 hereof which are to be maintained by the Associa tion1 slope areas within emy Lot including any drainage de vices constructed thereon by Developer shall be maintained continuously by the Owner thereof in neat orderly and safe condition and in such manner as to enhance their appearance1 maintain established slope ratios1 prevent erosion and sliding problems and to facilitate the orderly discharge of water through drainage systems established by Developer No struc ture1 planting or other material shall be placed or permitted to remain or other activities undertaken within Broadmaor San Clcmcnte or any portion thereof which might damage or interfere with established slope fatios create erosion or sliding prob lens or interfere with established drainage functions or facil ities
Section 18 All landscaping of every kind and charac
ter including shrubs trees grass1 and other plantings shall be neatly trimmed properly cultivated and maintained continu ously by the Owner thereof unless otherwise provided for here in in nCSt and orderly condition and in manner to enhance i.ts appearance
Suction 19 No tree shrub or planting of any kind shall
be allowed to overhang or otherwise encroach upon any sidewalk or other pedestrian way from ground level to height of ten 10 feet without the prior approval of the Architectural Committee Section 20 No property within Broadmoor San Clemente
shall be used in any manner to explore for or to remove any mater oil or other hydrocarbons minerals of any kind gravel GARR1 42
Ex 16-14
2332
the dfc.fault in t::c, perf:iJ:,c .. :111ce of ,c:.his provision, 1nd if :·rnc:h defoult shall not have ;~"'"n cured within five (:5) days after writ ten notic,a tl, t,reof, -~•:,veloper, so long as l t: 111. an owner of at leas:: twenty-five l?ercent (25%) of the Lots, or the Association, shall have the right to enter upon any Lot within Broadmoor San Clemente and, at the expense of the owner of said Lot, remove infected en: disea 0;cd plants and/or spray the same and/or take such measures as m_o.y be. r,ecessary in the opinion of the Developer or the F.ssociation to protect the s:ar:,e and/or the community :::-orn the spread of such i.nfection. :3ection 14. Trash, garbage, rubbish and other waste
shall be-kept only in sanitary containers. All service yards or S<.;!rVi(;!e areau, clothe::;llne areas, sanitary ccr:tainers, and storagiJ piles on d.!)y pro,.L .. ,d:-.y within Broadmoor :,,in Clemente sh,111 be enclo:,r:d or fen, .. , 0 d ~n such a manner t',c1_ t: .. ;uch y;,1rds, areas, containers, and piles will be obstructed from view from any neiy!1~oring property or street. Sanitary containers may be set ~ut tor a, r~asona~le. period of time before and after schedu, -::c, l:i:ash p1.c;,.-11p time;, ..
Section I:;, No :·,,,:d,)US or c,ffensive tr:ic'c or activity shall be-carried on upon any portion o:t: BroadmooL" San Clemente, nor shaL .. anything be done or maintained thereon which may be. or become an annoyance or nuisance to t.1'1e neighborhood, Section ll). All buildings and other structures withi..n Broadmoor ::ia11 Cles1•,nta and each portion thereof shall at all ti.mes be maintained in good Go11dition and repair and well and pr·operly ,Ja.tnted, No windows shall be covered with altmdnium foil or ~irnilar material.
Section 17. Other than the slope areas ,:lcs;:;ribed in Exhibit ''B" hereof which .::re to be maintained by the Association, slope areas within nny Lot, including any drainage devices constructed r...hereon by Developer, shall l,e maintained continuously by the Owner thereof in a neat, orderly and safe condition "nd in l":IUch a manner as to enhance th.air appearanca, maintain established slope ratios, prevent erosion and sliding probl,_;i1,1,.;, and t;o '..,tcil.:U~.•-•.te s.he ordcrl•{ diacha1.,3,: ,~: ~ water throtH711 drain,HJ(' ;;ystems e,;t2blished by nevelopr•r, No structun.•, pl anting or ,.,tiler :;,,,-, h 0 i~ ial sha 1 .. l bP. placP :-i 1 ) r permit tcd to rema:in or other ac ti vi ties unde:i:-taken within Broadmoor San Clemente or any portion thereof which might damage or interfere with established slope ratios, create erosion or sliding problems, or interfere with;est.ablished drainage functions or fo.cil ities .
Sect.ion 18. t\1.1: lnndsc.i.ping of every kind and charact()r, incfw:fin,1 shrubs, t:i-ees, gr,t!iS, and othm: plantings shall b,1 neatly t1:immcd, propei:-ly cultivated and maintained continuously by the Owner there:of, unless otherwise provided for here1n, l.n a neat and ord~rly ..::onditio11 and in a m,uui .. r to enhance its'" app earano e .
Section 19, No tree, shrub or planting of any kind shall b~ all,Hve-d to overhang o,r otherwise encroach upon any sidewalk or other pedestrian way from ground h2vel to a height of ten (10) fc:!i1t withont th\o pri.,:c ,,;,proval of: the Archi.tectural Co111;;1itt.ee.
Ei<ic ti.on 20. r1u :1ropart'( wi J·hin Bro,tdr.1oor San Clemente shall b•.: llScd .... Tri'iiny manner to explore for or to remove any • water, oil or otl1er hydrocarbons, minerals of any kind, gravel, GARR142
Ex 16-14
2499
8Xf224pg 6O
earth or any earth substance or other mineral of any kin machinery or equipment of any kind shall he placed operated or maintained upon any Lot on which is situated singlefamily dwelling except such machinery or equipment as is usual and customary in connection with the use end maintenance of pri vate residence Section 2l During reasonable hours and after reason
able notiny agent of Developer so long as it is an Owner of at least twentyfive percent 25% of the Lots or the Asso ciation hai1 have the right to enter upon and inspect Broadmoor San Ciemcrnte or any portion thereof end the improvements thereon for the purpose of ascertaining whether or not the pro visions of this Declaration are bieng complied with and shall not deemed guilty of trespass by reasons thereof
Section 22 building structure improvement or addi
tion excludiagETmneys md roof vents shall be constructed erected altered placed or permitted to remain on any portion of roadmoor San Clemente whicheceeds one story in height with maximum height of 17 feet Uo tree bush or shrub shall he placed or maintained upon any Lot described in Exhibit
attached hereto and incorporated herein by reference which exceeds 17 feet in height or upon any other Lot in Broadmoor Sn Clezuonte which exceeds 20 feet in height
ARPICEE VIII
L1IJTIES LW POWERS OF THE ASSOCIATIOH
Section In addition to the duties and cowers enu
merated thitsArticles and ByLaws or lsewhero provided for herein and without limiting the generalities thereof the Asso ciation shall
laintain or cause to be maintained the
ulop areas more particularly described in Exhibit uB Slope Contiol Areas and all landscaping thereon as originally im proved by Developer in neat safe sanitary and orderly con dition including the replacement of landsenoing when necessary or appropriate and in such manner as to enhance their ap pearence and to preserve established slope ratios prevent cr0 sion and sliding problems and facilitate the orderly discharge of water through established drainage systems
Enforce the provisions of this Declaration
by appropriate means including without limitation the expendi ture of funds of the Association the emoloyment of legal counsel ancU the commencement of actions
Cc Mainthin such policy or policies of insurance
as the Board of the Association deems necessary or desirable in furthering the purposes of and protecting the interests of the Association and its Members and
is
GARR1 43
Ex 16-15
2433
BK I I 2.24fG 60 I
earth or any earth :mbstancc or other mineral of ,rny kind. No mnchinery OJ." eqnipment of any kind shall be placed, operated or maintained upon any Lot on 1,hich is situated a :;;in0le-family dwelling, excc,pt such 1110.chinery or equipment as is usual and customary in connection with the use and maintenance of a pri- v:.·~ t.c~ .r<.~sidenci.:~.
Sect.ton 21. Durimr reasonable hours and after reasonable noti'ce, ,my ag0;nt of D~vc loper, so long <'1:S it )._S an Owner of at lc.!!ast twenty-rive percent (25%) of: tha Lot,~, rir the Association, shJJ.l have the right to enter upon and in3pect Broadmoor San :.~lemente or any portion thereof and the improvements thereon for the purpose of ascertain.i.ng whether or not the pro- visio:::; of this :Jaclaratio., ,,_re bieng co:n!,)lied with ,ind sha11 not d,:iemed gtd 1 l / of .tr,•,;lJ,;.,,s by rc,d:-.:uits therc,ul..
Slc'!ction 22. No building, structure, improvement or addition (exclu:Hng chimneys and roof vents) shall ba constructed, erected, ~1~ared, placed or permitted to remain on any portion af Broadmoor San Cl,~mente ,,,h-i,:h.e:x:ceeds one story in height with a maximum height of 17 fee:::. lia tree, bush or shrub shall be placed or maintaine,:: upcm 'ir,y Lot described in E;,chi'~,it "C", attached hereto and incorpo:c·ated herein by reference, which oxceeds 17 feet in height or upon any other J,ot in f.l.roadmoor S,m Clementu which axccixl:3 20 f~1et in height.
ARTICLE VIII
DUTIES Ali'D POWERS OP TI!E J\..S~OCI.l\.TIOU
Section l, rn addt'.:~_on to the duties atH'. cm1ers enumerated 1 .. ii its c,ri:·,cles and Ey .. Laws, or elsew.herc ,::,;·uvided tor her~in, and with on L limitinq tl:2 genera l.:Lties th(~:reof, the lu;sociation ,;hall:
{a} aaintain, or cause to be maintained, the
:dope areas mare particularlv described in Exhibit "B" {"Slope Control Al:eils") and :o.11 landscaping thereon, as 01:iginally improved by Developer, in a :H'at, safe, sanitary and orderly <;<.m·- dition (including the replc1cer1,,nt of landscaping whon neces.sarv or appropriate) and in such a manner as to enhance their appearm,ce and to pre servo established slope ratios, prevent eros:Lon and slid:Lng probleras, and facilitate the orderly discharge of water through established drainage sys te.rns i
(b} Enforce <::tH, provisions of this Llrcc1aration
by approprint:c~ ineans, incl\lding without limitation, the expenditure of fund:. of the Association, the mmloyment of legal counsel and" the commencement of actions;
(c) Main 1 .• i11n such L,:olicy or poLicies of insurance :,s t.i1e Boax.d of the J\::•; ,ation dec:1r1i, necesi,ary or des.ir,tbl.e in i'urthering the purposes ,)t and protecting l:h,~ interest,~ ,)f the Association rmd its Members; and
GARR143
Ex 16-15
2500
BK 12246 6O
and maintain working capital and
contingency fund in an amount to be determined by the Board Section_2 Use of Agent The Board may employ man
ager or other percons and nay contract vfth independent con tractors or managing arefltS tO perform all or any part of the rIulies and rusponsbiiities of the Association provided that any contract with person or firm appointed as manager or managing ocment shall provide for the right of the Association to terminate the same at the end of the first year following the conveyance of the first Lot by Developer
Section Limitations The cost of any Slope Control
Area maintenance servccs caused by acts of God roL civil insurrection or by nay cause other than ordinary wear tear or deterioration shall be borne by the Owner for whose benefit the maintenance services were perforoed
The cost any Slope Control Area maintenance services
caused by the negligence or wilful misconduct of any Owner or his family members relativos nuests or invitees both minor and adult shall borne entirely by such Owner tio Owner shall provide or cause to be provided any of the maintenance services proviaerl by the Association
Section Entry The Association and its managers and
agents and oneloyces ll have the right1 after reasonable no tice and at reasonable hours to enter upon any Lot for the pur pose of perfoning itS duties and exercising its powers as Set forth in this Article VIII
ARrifLE IX
czsnorii
ton chnent Each Lot wi thAn Lhe Gri wino
Pt opc in heneby id have an easement over all adoin
irg property or the purpose accommodating any minor encroach sment dun to orig nnl ommgineorinm am surveying errors errors in original construction or settlement or shifting of buflding or other strUCtuic and for the purpose of maintaining such encroachmcn
Section Slope Control Area There shall be ciranted
to Lhe Asct t7 eanments over the Lots as more particularly shown and described in fbihiL for maintenance purposes as more particularly sot forth in Article \lIl Section 1a hereinabove Section deards
Creation of Easements Each Lot within the Orig nal rome Ly Thcept of Tract No 8597 shell have arm easement created thereon by grant or reservation six feet in width axtcnding from the front lot line to the roar lot line thereof as more particularly shown and described on the easement plan attached hereto as Exhibit iS and incnrporated herein by reference for the bene fit of the Lot including
of Tract No 8597 adjoining and abutting said easement
GARR1 44
Ex 16-16
2534
BK I I 224P6 60i
(d) E!'itablish and maintain a worJeing capital and
contingc:H,y fund in 2rn amount to be de!:ermincd by the Doard . .Se ct.ion -, Use ) f Aqcnt. The Board m., y employ a manager or: other [)er,,ons an,_: nay contract w.i. th indrq:Je:1dent contractors Ol' rnanag.i.nq agenu; to perform all or ;my part o! the autios a11d rcsponaibilitics of tl1ri Associatio11, provide,) that ,my contrc1ut 1.-1ith a pc!.t:[;on or fin>i appointed as a manc1qP1: or 1,1,,inaqinq ,19,.·int shal1 ~,!:ovide t:cn· the right~ ot the A~rnuciation to t.ermi.nate th(~ s,1111e at t:1e end of the first yc,u: following !:.he conveyance of: the fir .st Lot by Developer.
::0e,~tion 3. Limitar.ionr;., The cost of any Slope Control A:i.·eu m.:iintenance services caused bv acts of God, riot, civil insurrection or bv cmv cause other~ than ordinarv wear, tear, or det·crioration r:Lt,\"i be br_nn,, by the Ol•'ller for ',i!:os,:., benefit the mn.i:.1.ten;1ncc ser\ri:-:r;;s 'Wei:"J-• f1e.r.:.f:orr,1ed~ 'rho co1;;-:,; ,.f any .: :Gpci Contt'oL ,\rea rna.,.::t-.·11,,nce sc;:rvices caused by the negl ii;rence or wilful misconduct of any Owner, or his i:ami iy members, 1:elc1tivcs, guests or invitees, both Ni nor and adult 1 shall be borne entirely by such Owner. No O\,•ner shall provide cir cc1use i:::D be pr0vi,fod any of the mair,t':C~1c,:,ce services provided by the ~ssociatjon.
,";action 4. Entry. The Arisociation and its managers and a9ents ;:uiiJ r:nployees shall lrnve ttw right, after reason.1ble 110- t:i.ce ,:i.nd n t reasrnrnb1r" hours, t:o e1~ ter upon any Lot for Lhe purpos,1 ,1f performing its cl u-::: ies and exercising its cJc:1e:i: s as set fo.rth in l:h.i s Article VXI I.
AR'fICl,E IX
.S1:.:L r :.-1.t_-.1- 1cJ-1.:··:ent:. i·::dc'fl Lot v1i 1 ~·-l 11 tl1e Gr i<_1 i r~,;tl
Pn>L;'-" t:!::;' :~--i1oi-elry d, ,·: .u:nif to hi1V8 an e,isement over nl.J udjoinin'] 1.H·ope1·ty ::or the purpose of accomr.iocli:it.ing any minor e:1croachmm,1t, due to ori.g:i.11~1 engincwd.n'.J or survey~ng. errors, err:o~ 7 in or.1,p.11,d. constrnr'.·--~on, or. .~c cU.ement ur i,Juftl.n<,, '" a bu2.1u.tnq or other G t1:ucturc, and fur t!u'! purpose of maint,iining such oncroi1chmcn t.
Soction 2. Slop<:! Con l.:rol Area. The,;e shall be gx:anted l:o l.:he A,;,;oc1 ,1 t1on eils,~ments ov0r ti1e Lots as more particularly :,hnwn anrl (1cs cribed in Lx:hibi t "n" , for mil i.n l:cinance pnt·;,om'!S a.s more; p.:trtic1.1.larly sot foi:t:J, in Artiole VIII, Section l(a) hereinabove, Section J. Sid~yards,
(al Creation of Easements. Each Lot within the Original Pi:operty (except __ o s ~"-5"'7 _____ ,...-,,-,------,---- of 'l'ract !'lo. l.1597) ,·J,-: JT'°hiive tl:i i.'i'lnemcmt ,,1·e,1!'ed therr:0:1 by •p·,111t or ·,·,-,:~ervatio:1 '.: i :-: (6) fc,t)t i.n width 1 '-';,Lendinc ::rc,n the ,·x-on t lot J.:i.nc to t~:c: 1 ''"r lot: ., .int~ thereof', ,•t:, aore [Jdi. t.1.cular ly ;.;!lown nncl dc:cJ<.:ribed on °.Jie easumo.nt ._,Lrn att,u;;.hod he1:oto as Exhibit "D" and incorporited hArain ;y reference, for the bene1:it of th0 Lot (inclurling ~"'-,i'.'-S5 ;111("'"t~5'-7'--'""7"""2c.-_--,-___ _ of 'l'ruct No. 8597) ,,djoinimJ ,11v1 .:ibuti:1119 flilid r~ui.om0nt. -16-
GARR144
Ex 16-16
2501
1224P 603
Terms arid Conditions of Use Each such easement
shall ho used and oyed subject to the following terms and conditions
The easement shall be used only as general
recreational and garden area by the Owner of the Lot adjoining and abutting the easement and each such Owner shall have the right to enter upon the easement area for such purpose Such purpose shall include the right of such Owner to construct upon the easement area an uncovered concrete patio and estab lish and maintain landscaping and irrigation system thereon provided such patio and system shall he first approved by the Architectural Committee The easement area and every part thereot including the drainage system established by Developer its successors and assigns as part of the grading and original construction upon the Original Property shall be maintained continuously in neat and orderly condition by such Owner ii The Owner of the Lot on which the easement is
located nhal have the Eight at reasonable times upon reason able notice and in reasonable manner to enter upon the ease ment area for the purpose of maintaining repairing or restor ing the structural wall of his dwelling the structure of which it is part and the fence owned by him which adjoin and abut the easement
iii stolaga of any kind shall be permitted on
the easement nor shall any object or device of any kind be af fixed to the structural wall or fence adjoining and abutting the easement without the prior written consent of the Owner of such uall or fence
iv Except for the fences and structures estab lished by Developer or its successors and assigns as pert of the original construction upon the Original Property and ex cept as authorized by Section hereinabove no fence or
other structure of any kind shall he constructed within upon or adjacent to the easement
lv No planting or other material or authorized structure including patios shall he constructed altered placed or permitted to remain upon the easement area which may change the direction of flow of the drainage system established by Developer or its successors or assigns as part of the grading of and original construction upon the Original Property or which may obstruct interfere or retard the flow of water through such system The Owners of each Lot within the Drip- thai Property shall have the right to use the drainage system established within the easement adjoining and abutting their Lots for the purpose of draining their Lots including atriums providad Lhat such right of drainaqe shall not include the right to discharge noxious or offensive matter vi No use of the easement shall he made except as provided hereinabove GARR1 45
Ex 16-17
2635
UK I I 224P6 603
(b} 'rcnns awl Conditions: of llse. Each ,;uch •::asement shall be used ;:rnd ,,n)O'.,'<c;d subject to the following ter1:.s and conditions:
(i) The easement sha1l be used only ,u!I it general recr,.c!ational and garden: dX<::Ja by the Owner of t!1P Lot adjoining and dbutling tlH! eai;en,ent, and i~ach such 01..,ner shall have lhe right to ,mter upon the. easement area for such purpose. Such purpose shall include U:a right of. such 0\-mer to (a) construct upon the ('!asement area an uncovered concrete patio and (b) estabLitsh and 111aint,i:i.n " landscaping and irrigation system thflreoni provided such patio and system sh,:tll be first approved by the Architectc,ral Committeaa. The easement area and every part tJ1ereof 1 includint; thf L·aitiiH/e system estahl ishec: by Developt~r, tu successors arni ass,rp\s, .-u, part o.f che gi.:.,Hlinq ind ,)riginaJ construct~on upon the O~iginal Property, shall be maintained contimiously in a neat and orderly condition by such O1•me1·. (ii) The Owner o.f the Lot on which the ease1:1ent is
located shal1 have the right, at reasonable times, upon reasonable notice and in a re3sonable ·manner, to enter upon th.c:, easement axe?. for the purpose of maintaining, repairing or restoring t.he structural wa11 • of his dwelling, the structure of which it is a p.art, and the fence owned by hlm which adjoin and abut the e;;1sernent, (iii) Li/o stcra~1e of any kind shall be permitted on the easement, .nor shall. any object or device of any kind be af- fixed to the structural wall or fence adjoining and abutting the eas<'!mrn1t without the prior written consent of the Owner of such wall or fence.
(iv) EKcept for the fences and structures estab1 i t;hed by Dc,v,,~lopr~:r, o,· its c;uccessors and a1~1,·igns, as D,"lrt oC UH: ol·i9inal consl:ructic1n up<m the.:! 0ri9inal Property, and except as ,wc:horized by Section (bl {i) l1ereinabove, no fel'1:ce or .,J:her :;tructin.:e o!: any ':lnd :;hall b::1 conrc,truc:tc,.,d w1.thin 1 upon or adjacent to the easc"'\ent.
(v) No iJLrnti,:11 or t.)ther mate1:·L,l 01: autr:o:·ized ,;t:ructuro (including p,,tios) shall be constructed, 3.ltered, placed or 2ermitted to remain upon the easement area which may change the direction of flow of the drainage systeI"' established by Developer, or its successors or assigns, as par:: of the grading ot and original construction upon the Original Property or which muy obstruct, int,n:fer,::i or retard U1e f: 1.ow of: wat(~X' thr0Ut/h such system. 'l'he Owners o.t each Loi: within the ()rig~ inal Property ,1hall have the right to use the dr<'.inage system establislmd within the easement adjoining ;;ind abutting their !,ots for the purpose of droining their Lots (including :1 triurns); provid,~d that such Li.c,rht, or drainage shall not i.nc,ludc the right to discharge noxious or offensive matter.
(,;j) N,i use of thr! oas,!11wnt c;ilall
,1s provided hereinabove. •
GARR145
Ex 16-17
2502
224 604
ARTICLE
GhNEEAL PHOVIS IONS
Section Duration The covenants conditions and
restrictions of this Declarntion shall run with and bind the real proporty within Broathnoor Sari Clomente and shall inure to the benefit of and be enforceable by the Association or the Owhnrs mci ucling Developer of any Lot subject to this Decla ration their respective legal representatives heirs sueces scm and assigns and are imposed upon the real property with in Broadmoor San Clernente servitude in favor of each and every parcel of land therein as dominant tenement for term of twenty 20 yearn from the date this Declaration is recorded after which time said covenants conditions and restrictions shall be automatically extended for successive periods of ten 10 years unless an inStrument signed by majority of the then OwneLs of the LoLs has been recorded witfi the Orange County Recorder agreeing to change said covenants conditions and restrictions in whof or in part
Section_2 Amendment The covenants conditions and
restrictions of this Decaration may be amended by an instrument in writinq signed by no less than the Owners of threefourths 3/4 of the Lots provided that Article VII Section 22 of this Declaration shall not be amended without the consent of the City councrl of San Clemente and provided .turther that until 1980 Article II hereof may not be amended without the consent of Developer Any amendment must be properly recorded
Section_3 Notices Any notice required to be sent to
any Member or Owner under the provisions of this Declaration shall he deemed to have been properly sent when mailed postage prcpaid to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailingS
Section_4 Enforcement Violation or breach of any
covenant corid3iilion or restriction herein contained shall give to the Devotopcr so tong as it is an Owner of at least twentyfive percent 251 of the tots or the Ilssociation the right to enter upon the procerty upon or as to which said violation or breath cxint nd to sumulaLily abate and romove at the ex pense of the Owner thereof any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions harcot and/or shall give to the Association or the Owner of any Lot including Developer the right to prose cute proceeding at law or in equity against the person or per sons who have violated or are attempting to violate any of these covenants conditions or restrictions to enjoin or prevent them from doing so to cause said violation to be remedied or to re cover damages for said violation The result of every action or omission whereby any cove nant condition or restriction herein contained is violated in whole or in part is hereby declared to be and to constitute nuisance and every remedy allowed by law or equity against an Owner either public or private shall be applicable against every such result and may be exercised by the Association or any Owner including Developer subject to these restrictions GARR1 46
Ex 16-18
2736
AR'l'ICLE X
GENERAL J?ROVISIONS
BK I I 224r6 604
Soction l, Duration. The covenants, conditions iuu:1
restrictions of this Declaratimt shall run with and bind the real property within Broadmoor San Cl<;imenl:.e, and .shall inure bo the benefit of and b~ enf.o:t:ceable by the Association, or the Owhcu:s, including Developer, of anY. Lot subject to this Decla~· rntion, their respective legal representatives; heirs, successors, and assigns, and are imp(.>sed upon the real property within. llroadmoor San CJ.emente as a: servitude in favor of each·and. every parcel of land therein as a dominant tenement, for a term of twenty (20) years from the date this Declaration is recorded, ufter '"'hich time said covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years, unless an instrument, signed by a majority of the then Owners of the Lots, has been recorded with' the Orange County Recorder, agreeing to change said covenants, conditions and restrictions in whole 01· i.n part.
Section 2. Amendment. The covenants, conditions and
restrictions of this 75eciara tio r1 may ba amended by an instrument in writing signed by not less than the owners of three-fourths (3/4) of the Lots: provided that Article VII, Section 22 of this l)eclaration shall not be amendc.d without the consent of the City Collncil of San Clemente; and pr.ovided further that until 1980, Article lI hereof may not be ,1mended without the consent of Developer. Any amendment must be properly recorded.
Section 3. Notices. l\t'\Y notice required to be sent to any Member or owner und~r the provisions of this Declaration shall bo deemed to have been properly sent when mailed, postage , to the last known address of the person who appears as t-lc~rnbm: or Owner on the records of the Association at the time of such mailing. •
Section 4. Enforcement. Violation or breach of any
covonant, condition or 1.:estriction herein contained shall give to the Developer, so long as it is an Owner of at least ·twenty- !'.ivG percent (25t) of the t:.ota, or the Association, the right to cmter upon the property upon or. as to which said violation or bren1::h exist.1 and to '!.ntmma1::ily abate and remove, at the expen:1e of the owner thereof, any s.tructure, thing or condition that may exist thereon contrary to the intent and meaning of the provisions hereof, and/or shall give to the Association or t.ha Owner of 111w Lot, including Developer, the right to prosecutn a proceeding at law. or in 0quity against the person or persons who have violated or ure atte.mpting to violate any of these covenants, conditions or restrictions to enjoin or prevent them frmn doing so, to cause .said violation to be remadied or to recover damagos for said viol.a tion.
The result of every action or omissio1\ whereby any covenant, condition or rcstr:iction herein contained is violated .i.n whole or in part is herepy declared to be and to constitute. a nuirn:rnce., and every remedy allowed by law or equity against an Owner., either public or private, shall be applicable against ev1:iry such result and may be exercised by the Association or any Owner, including Developer, subject to these restrictions.
GARR146
Ex 16-18
2503
224 605
in any legal or equitable proceeding for the enforcement cv to restrain the vioition these restriof inns or any pro visions hcveof the losing party or parties shall pay the attor neys feos of the prewdiling party or parties in such amount as may he fixed by the court in such proceedings All remedies pro vided herein or at Low or in equity shall ho cumulative and not exclusive
Failure by the Developer the Association or by any
Owner to enforce any covenant condition or restriction herein contained shall in no event be deemed waiver of the right to do so thereafter
Section Scvlit Invalidation of any one
those covnnants conTtions or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effeet
Section Broach of Restrictions Easements Condi
clone Covenants and Reservs.Areach of any of the ye
easements con itions covenants or reservations
herein contained shall nat defeat or render invalid the lien of ny mortqaga or deed of trust made in good faith and for value as to the Lot or portion of the Lots in Broadmoor San Clemente hut said restrictions easements conditions covenants and ye servations shall be binding upon and effective against any Owner thereof whose title thereto is acquired by foreclosure trustees sale or otherwise
Section dins Section headings are inserted for
concnieff lony and are not intended to be part of this
document or in any way to define limit or describe the scope or intent of the particular section to which they refer Section Singular includes Plural Whenever the con
text of Ehis DdiaraETi requires simm the singular shall in clude the plural and the masculine shall include the feminine Section Construction The provisions of this Decla
ration sYIETtiberall to effectuate its purpose
of creating uniform nian for the development of residential community as aforesaid
Section 10 Obligation of Owners nd Members The terms
and provTsions set fohl this Declaration are binding upon all Owners of all Lots the Association and all Members in the Asso ciation In addition both the Member and the Lot owned shall be subject to the terms and provisions of the Articles and By Laws of the Association
Each Member shall cause the Association to exercise all of the powers and privileges and perform all of the duties and obligations of the Association as Set forth in this Declaration the Articles and By-Laws
Section IL Construction by Developer Wothing in this
Declaradoxi siITlimi ELe righto Developer to commence and complete construction of improvements to Broadmoor San Clamente or to altar the foregoing or the Lots or to construct such addi tional improvements as Developer deems advisable prior to the completion and sale of the entire Broadmoor San Clemente This Declaration shall not limit the right ot Developer at any time GARR1 47
Ex 16-19
2837
In any legal or equitable proceeding for the enforcement or to r(!strain the violation of these restrictions or any provisions hereof, -the losin!J party or parties shall pay the a.t.torneys' fees of the prevailing party or parties in such amount as . may be fixed by the court in such proceedings. All remedies pro,.. vided hare in or at law or in equ.i t.y shall be cumulative and not exclusive. • •
Failure by the Developer, the Association, or by any
Owner to enforce any covenant, oond:i.tion or restriction herein contained shall in no event be deemed a waiver of the right to Qo so thereafter,
Section 5. Severability, Invalidation of any one of
these covenants, conditions or restrictions by judgment or court order shall in no wise affect any other provisions, which shall remain in full force and effect.
Section 6, Breach of Restrictions, Easements, Conditionn, Covenants and Reservations. A breach of any of the re;. strictions, easements, conditions, covenants or reservations here.in contained shall not defeat or render invalid the lien o.f any mortgage or deed of trust made in good faith and for value as to the Lot or portion of the Lots in Broadmoor San Clemente, but saj.d restrictions, easements I conditions, covenants and reservations shall be binding upon and effective against any owner thereof whose title thereto is acquired by foreclosure, trustea 1 s sale or otherwise.
Section 7. Hea«;lin9:s. Section headings are inserted for convenience only and are not intended to be a part of this document or in any way to define, limit or describe the scope or intent of the particular section to which they refer.
Section 8. Singular Includes Plural. Whenever the context of this Oec:laratl.on requires same, the singular shall include the plural and the masculine shall include the feminine, Section 9. Con!,ftruction, The provisions of this Declaration sfiall 6e liberally construed to effectuate its purpose of creating a uniform plan for the de:velopment of a residential community as aforesaid.
Section• 10. Obiigation of Owners and Members. The terms and provisions set forth ln this Declaration are binding upon all owners of all Lots, the :Association, and all Members in the Association. In addition, ~oth the Member and the Lot owned shall be subject to the terms !and provisions of the Articles and ByLaws of the Association.:
Each Member sha~l cause the Association to exercise all of _the powers and privi~eges and perform all of the duties and obligations of the Assoc.iiation a.s set forth in this Declaration, the Articles and By-Laws.
Section ll. Construction b~ Developer, Nothing in this
Declaration shall limit fthe right o Developer to commence and complote construction of improvements to Broadmoor San Clemente or to alter tne foregoing or the Lots or to construct such additional improvements as Developer deems advisable prior to the completion and sale of the entire Broadmoor San Clemente. This Declaration shall not limit the of Developer at any time GARR147
Ex 16-19
2504
WII224G 6C6
prior to acquisition of title by purchaser from Developer to establish on any Lot additional licenses reservationS and rig1iLsotwey to itself to utility companiesr or to others as may from time to time be reasonabi necessary to the proper development and disposal of Broadmoor San Clomente
ARTICLE Xl
ASS XOWMENT OF POWERS
any or all of the rights and powers and reurvnLionS of
DevefopLr herein contained may be qranted conveyed and assigned to any other corporation or association or person which is now organized or which may hereafter he organized and which will as sume Lhe duLies of Dovelopo hereunder partaininq to the partic ular rights and powers and reservations granted conveyed and assigned and upon any such corporation or association or per son evidencing its consent in writing to accept such grant conveyance and assignment and assume such duties it shall to the extent of such grant conveyance and assignment have the same rijhts and powers and be subject to the same obligations and duties as are given to and assumed by Developer heroin and thereupon Developer shall be relieved of the pertormance of any further duty nd of any further obligations heisunder
ARTICLE XII
If the City council oe the City of San Clemente City
reasonably determines at public hearing held after not less than Len 10 days prior wtitten notice to the Association that the Association has failed to perform any ot its duties under the Declaration the City shall have the right but not the obli qation to thereafter assume the performance of any such duty until such time as the Association demonstrates its ability to reassume such eorformance provided however that the City shell not exercise any of the rights granted under this Article XII unless after giving to the Association written notice of its determination that the Association has failed to perform its duties under the Declaration the Association does not cure such failure within thirty 30 days from the date of receipt by the Association of said notice In connection with any such performance by the City it may exercise any of the rights and powers granted to the Association under this Doclaration The reasonable costs Costs of any such performance
by the City shall he borne by the Association provided how evei that In the event such Costs are not paid to the City by the Association within sixty 60 days after the City has fur nished to the Association statement therofor the City shall have the right but not the duty to levy and collect uniform assessment against each Lat within Droadmoor San Clemonte to cover the Costs Any such assessment shall be governed by the provisions of Articles IV and of the Doclorution
IN WITNESS WhEREOF Droadmoor homes Inc the Developer
GARR1 48
Ex 16-20
2938
BK I I 224PG 606
prior to acquis.ition of title by a purchaser from Developer to dstabl ish on D.ny Lot additional licenses, rcserva tions and :dght.1:1-0£-way to itself, to utility compa.nies, .or to others may from time to time be reasonably necessary to the proper development a.nd disposal of Broadmoor San Clemente.
ARTICLE XI
ASSIGNMENT OJ:' POWERS
Any or all of the t·igh ts a.nd power a and reserva t.ions of Developer herein contained m.:i.y be granted, conveyed and assigned t.o any other corporation or association. or person ·which is now organized or which may hereafter be orgnnized a1~d which will t1ssume the dutil!!s of Developer hereunder pertaining to the particul,a: rights and powers and reservations granted, conveyed and assigned; and upon any such corp1nation or association or person evidencing its consent in \-.rriting to accept such grant, conveyance and assignment and a;sume such dutiest it shall, to the extent of such grant, conveyance and assignment, have the same rights and powers and be subject to the same obligations a11d duties as are given: to and ::uis1;,mad by Davaloper herein, aiid thenn1pon, Developer she,.11 be relieved of the performance of any further duty and of ,any furth~.r obligations hereunder.
ARTICLE XII
POWERS OF CITY OF SAN CLEMEN'tl?
If the City council of the City of San Clemente ("city 11 ) reasonably determines at a public hearing held after not less t.ban ten (10) days I pr:i.qr written notice to the Association that the Association has fa.i\ecl to perform any of its duties under the Declaration, the City shall have the right, but not the obligation1 to thereafter assume the performance of any such duty until such time o.s the Association demonstrates it::s ability to rcassume such performance; provided, however, that the City shall not exercise any of the rights granted under this Article XII unless, .after giving to the Association written notice of its determination that the Association has foiled to perform its duties under the Declaration, the Association does not cure such fail.t.u::e within thi~ty {30) days from the date of receipt by the Association of said notice. In connection with any such performance by tho City,: it may exercise any of the rights and powers granted t:o the As,socia tion under this Declaration. '.l'he reasonable ~osts ("Costs") of any such performance by the City shall be bot.inc by !:.he Association; provided, however, that in the event ;such Costs are not paid to tho City by the }\saociation within sixty (60) days after the City has furnishod l:o the Associu tio:n a statement thcrofor, the Cit:y shall have the right, but not :the duty, to levy and collect a uniform aiu1essmcnt against each iJ:.ot within Broadmoor San Clemente to cover the Costs. Any such assessment shall be governed by the provisions of Ar:ticles lV and V of the Decla.ration,
IN WITNESS WIIEUEO~' 1 Broadmoor Somes, Inc,, the Developer GARR148
Ex 16-20
2505
BXI I224P 607
herein has caused ita name to be hereunder subscribed the day and yPar first above Written
BROADMOOR HOMES IUC
California corporation
By
Its
Its
GARR1 49
Ex 16-21
3039
BX I I 224P6 607
hereili, has caused its: name to be hereunder subscribed the day and year f~rst above written,
BROADMOOR HOMES , INC • ,
a California corporation
By~-
I t.s St>c•reton'
-?.l-
..
GARR149
Ex 16-21
2506
x1 224PS 608
STAFE OF CALIFOENIA
COUNTY OF ORANGE
On before me the undersigned
Wotary Public in and ior said State personally appeared known to me to
be the and
of BROADMOOR hOMES INC the corporation that executed the within instrument known to me to be the persons who executed the within instrumcnt on behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or resolution of its hoard of directors
WITNESS my hand and official seal
EL7ARETU WEIDMAN iiqotary Public
QTF
JOPALPj5
OXer
GARR1 50
Ex 16-22
3140
STA'l'E OE' CALIFORNIA
COUHT'l OF ORANGE
L'C '""
BK J J 224PG 608
On ..- l\lJCJl'"'l· J C-l.'l1'L._,-.,__, befo:r:e me, the 1mde:i:·s i.qned, a Notary l?ubl1.c .u1. ana for ,:;?ud State., personally appeared ,.-........,..,..... ......... l.-,'.1~,ir.em::c B. Uzo(·te uid r,, p omyx:d , known to me to be the ___ .:li_cc l:rps;Jden1· ,ui.d _..se:;~1'!---------~-- \Jf BROADMOOR HOMES, INC,, the corporation that executed the within .instrument, ki:cwn to me to be the persons who executed the wi th::.n instrument on behal of the therein
named, and acknowJedq.,d 0:0 :it~ that !,Uc!1 corpor:atio:1 executed the within :Lns~rument pursuant to it;1 by-laws or a resolution oi bo,:, <)t d:rect.o:
WI'l'N;';r;s my hand ,md official seal.
'NEIDMAN NorARY f'lHJti~~Ci\tfF{H<-"ltA
fl.RH-,r<;tF'AL OfPl~E 1_·; •
('.lq,'H,J.C:11! G,JlJ~HY
Ccmini~s>v-n Exp!t•J·!] Aiift, :J. 19; S
GARR150
Ex 16-22
2507
Bffl224 609
The undersigned beneficiary
under that certain deed of trust recorded ________ 197 in Dook///d4 Page IiIqi/ Official Records Oraje County Californi7ereby consents to the within Declaration of Covenants Conditions and Restrictions for Broadmnor San Cleniente and hereby subordinates th lien of said deed of trust to the provisions con tained herein California corporation
ByIts
Its
STATE OF GALIFORNIA
COLThITY OF
On 1974 before me the undersigned
Notary Public iand for said County and State personally appeared own to me be the
nd
knpjn to me be the of
______ __________________ th norporatian that
cxife the within instrument and 1nown to me to be the persons who executed the within instrument on behalf of said corporation and acknowledged to me that said corporation executed the within instrument pursuant to its By-Laws or resolution of its board of Directors
WITNESS my hand and official 9041
OFCL SCAL
flY I-i MO$R
jNOTAflY PUlC CALIF NIA
arANct cJuNrv
My Coun ExprtJw 3O 976
23 GARR151
Ex 16-23
3241
8K I I 224rri 609
The undersigned, d~D c::;4!..l,'~VM ~ , beneificiary
under that ce.rta.'~n deed of trust recorded, ,,?,14~/ ?if. , 197f/, in Book 111.1/5 , Pnqe /H'f4 , Official Records, Orai?ge County, California;-nereby consents to the within Declaration of Covenants, Conditions and Restrictions for Bt·oadmoor San clamcnte 1 ai,d hereby subo.rdinal:.es the lien of said deed of trust to the provisions con- tained herein.
STA'rE OF C}\LH'OPJ,Hll
COUNTY OP c::.kA>;V-'~
On /4&/4Sr /{, , D74, before me, the undersigned, a Notary Public J..p_,and £or said Cwunty and State, personally ap!;ear1;d if.O. T1~R/./..V....-.n-.4 . . _!g;iown to me .~o be the -~df>.~ ·'? _ ,,- a,.:.l:-d ..c: .. ,-'✓.:, ;z v--:?;;-~~ k~p),rn to me ):.-0 e l:11e ./2 _"$d'T;__~~e,e.,:;-:r;;,,;,,1111/ . . .. · . . ... _ of ~ {~Y 1:r:.6-= ?-~EU.; ,c>,v,•~ME-1 ,e:;.,;:;,'V's:::; , t::1e/ho rpor J ti on that executed the within instrument, and known to me to be the persons who executed the w.ithin instrument on behalf. of said corporation, ,rnd ack1:011l,c',d,,;ed me l·hat :mid co1::pora.ti.on ,;;-:ecut:c,d thEi within instn,r!lent pursuant to its By~Laws or a resolution of its Bo,:1rd of Directors.
WI'l'NT::ss my hal1d and
f,itlflt,llll:'Nl·H• H'f I HIIUHltl i tr• l•l•n•II M •;, • • ~ ......... ~' HctlH 1'111411~,, ; , OFFICIAL SEAL i ! ~i . ' ll€TT1' fl. MOSfill !
j ~ , _ NOTAf1Y PUDUC- CALIFJfH-1111 I
i ''·"· ,,,... Of;A;,(;£ C,JUNfY I j My t:omrttlul:,n ExpircJ Jon, 30., 1 W6 j t,, • .,. ••• ,,~ f lf'ii'• • ,_.,,.,, UI ~ ~ • • ~'> ~-. ...... • '"-" • <-< •·lllilitl•lr"""""~' I ij,i,lfl' -23-
GARR151
Ex 16-23
2508
BXU224P LW RXHfl3IT
That portion of Sectton 28 and 33 Township South Range West in the City of San Clemente County of Orange State of California as per an Official Plat filed in the District Land Office January 1874descrihed as follows Beginning at the Northerly teroinus of that certln course shown as ll 151 17900 feet in the Northwesterly line of Lot 180 of Tract 110 898 as per map recorded in Book 28 pages through inclusIve of lliscellaneous i4aps in the office of the Counly Recorder of said County said point of beginning also being the Northerly terninus of that certain course shown as 11 15 001 17900 feet in the boundary of Tract No 5655 as per nap 10 recorded in I3ook 209 pages thrnugh inclusive of said Niscellaneous Naps thence along said Northwesterly link 83 26 21 262.07 feet to an angle 12 point in said Northwesterly line thence along the Northerly line of said Tract No 899 the Eel lowing courses 83 261 21 10000 feet Fl 73 41 29 14 29706 feet 68 41 3211 318.06 feet 52 57 12 51978 feet and 15 56 42 17 40283 fedt to the Most Northerly corner of Lot 118 of said 16 Tract No B9B thence along the Easterly line of the land described in the deed to San Clanente Scoo1 District recorded on March 14 1962 in Book 6033 18 cage 213 of Official Records of said County the following courseS 22 04 42 232.00 feet 32 501 37 35111 feet and 57 10 461 20 31754 feet to the Southeasterly line of the land described in the deed to 21 Visbek Industrial Park aCorporation recorded on December 12 1960 in 22 Book 5544 page 471 of said Official Records thence along said Southeasterly 23 line 51 21 15 43892 feet and 45 13 14 1502.03 feet to the boundary of Tract Mo 5691 as per reap recorded in Book 209 pages throuch 12 25 inclusive of said Iliscollaneous Uap thence along a1d boundary the following 26 courses 84 451 46 28.02 feet Southeasterly and Southerly along 27 tenpent curve concave Southwesterly with radius of 11700 feet through 28 central angle of 108 03 19 distance of 22065 feet Southwesterly along 29 Paqelof2
larch 29 1974
30 l73-45/JKSpai
L92 OR
31 Rev April 1974
it
GARR1 52
Ex 16-24
3342
( )
DK I I 224PG 610
EXHUUT 11A"
That portion of Sections 28 and 33, Township 8 South, Ranga 7 Hest ·in the 2 City of San Cler.ientet County of Orange, State of California as per an Official
3. Plat filed in the District Land Office, January 1. 1874,·described as follows:
4 Beginning at the llortherly terminus of that certain course show11 as , "S ll"' 15 1 E 179.00 feet 11 in the tlorthi·iesterly line of Lot 180 of Tract !lo. 898, & as per 11'.ap recorded in Book 28, pages l through 4 inclusive of 11iscellnneous 7 • in the office of thn County Recorder of said County said point of 8 beginning also being the tlortherly terminus of that certain course shown as 9 11S 11° 15' 00" E 179.00 fnet" in the boundary of Tract tto. 5655 .;,s per l'lnfi 10 recorrled in Boo!: 209, pages 5 through 8 incfusive of said :liscollaneous l!aps; 11 thencr: alo11g said Northwesterly line ti 83° 26' 21 u H 262.07 feet to an ,rn~la 12' point in said tlorthwesterl!y line; thence along the Northerly line of said Tract 13 Ho. 898 the following courses: N 83" 26 1 ~!1 11 W 100,00 feet, fl 73° 41 1 29" \J 14 297.06 feet, tl 68" 41' 32'~ W 318.06 feet, ti 52° 57 1 1211 14 519,78 feet and 15 N 56° 42' 17'' W 402.83 fe~t to the most Northerly corner of Lot nn of said 16 Tract no. 898; thencr. along th~ Easterly lir.e of the land ril"!scriberl in the ll dcm<I t.e San Cla.1ent~ Scnoo'l Distrkt, recordf.!d on March 14, 1962 in I.look 60.:m, 18 pa(Je 213 of Official Recotds of said County the following courses:
19 !I 22° 04 1 42" E 232 .08 feet, ii 32" 50' 37" " 361. 11 feet and II 57° lO' 46" H 20 317,54 fflet to the Southeasterly 1ine of the land described in the r!ec<t to 21 Visb,'f!k Industrial Park, ai Corr,oratior1) rt?corrled on !leceMber 12, 1960 in 22 Book 5544. page 47l of saia Official RP.cord!i; thence along saio Soutliirnsterly
23. linr. rt 51° 21 1 15" E 438.n feet unrl rt 45" 13 1 14'1 f. 1502.03 feet to the 21+ boun,fory of Tract llo. 5fi91 as por map r~corded in Rook 209. pages 9 throur,h 12 25 in,-;lusive of said !\iscr!llaoeous !laJ'lS; thP.nce along said boundary the fol fowing 26 coursns: S 84" 46 1 46" E ~8.02 feet, Southeasterly and Soutl,erly along 11 27 t,rnpe11t curvP. concave southwestnrly with t1 ra<lius of 117 .on feet thr<,ugh a :
28 c1rntr11l angle of 108° 03' Jg'' a distance of 220.65 feet, Southwesterly alon9 a 29 JO
31 Paga 1 of 2
March 29, 1974
173-45/JKS;paj
l92, 08
Rev. April 9, 1974
GARR 52
Ex 16-24
2509
tl I224P 611
confound curve concave hortliwesterly with radius of 22000 feet through central angle of 25 43 20 distance of l025 feet tangnnt to said curve 49 59 53 15889 feet Southwesterly along tangent curve concave Southeasterly with radius of 330.00 feet through central angle of 40 59 31 distance of 23610 feet tangent to said curve 19 10 22 Il 286.07 feet Southeasterly along tangent curve concave Northeasterly with radius of 21000 feet through central angle of 70 011 36 distance of 256.66 feet tangent to said curve 61 01 14 18141 feet Southeasterly along tangent curve concave Southwesterly with radius of 48500 feet thrnuh central angle of 19 52 54 distance of 16830 feet Southeasterl along 11 reverse curve concave Northeastorly with radius of 695.00 feet through 12 central anglo of 19 53 26 distance of 24127 feet tangent to said cuvo 13 61 01 45 163.37 feet Southeasterly along tangent curvo ceecavc North 14 easterly with radius of 470.00 feet through central angle of 33 10 18 15 distance 27211 fret and tangent to said curve 85 47 56 10457 feet to the boundary of sai.1 Tract lb 5055 thence alcng said heundary the following coirsOs 85 47 55 7.12 feet 18 24 02 55507 fret Southerly end iB Southwesterly along tangent curve concave Westerly with radius of 6000 19 fACt through central angle of 93 49 14 bistance of 96.25 feet tangent to 20 said curve 75 25 12 4285 feet Southwesterly along tanrent curve 21 concave Southeasterly with radius of 44200 feet through central angle of 22 56 19 27 distance of 43450 feet tangent to said curve 19 05 45 23 121.22 ent Southerly alone tangent curve concave Easterly with radius of 242.00 feet through central angle of 35 51 10 distance of 151.43 feet 25 anl lecient to said curve 15 45 25 11960 feet to the point of beeirnlno 25 EXCEPTIIjg TIlEREFRUfl Lots 85 86 and Lots and 1fl of Tract l1 597 as 27 per on recorded In Rook pages to it inclusive of Hisceflaneous imps lB records of said 0ranq County
Page of 29
llarch 29 1974
30 l7345/JKSj
L92 09
31 Rev April 1974
32 GARR1 53
Ex 16-25
3443
( )
BKI I 224PS 6 I I
EXHIIUT "A"
crJripound curve conc,we llorthwestcrly with· a radius of 220.CJO fr-et through a .2 central .angle of 26° 43' 20,; a distance of 102,61 feet., tan,:;ent to said Cln'\'!! 3 S 49° 59' 53" fl 158.39 feet, Southweste1•1y along a tangent c.urve concavo Ii Southr:asterly with a radius of 330.00 feet through a central angle of 5 40-0 59' Jl" a distance of 236.10 feet, tangent to said curve S 09° 00' 22" W 6 286.07 feet, Southeasterly along a tangent curve concave Northeasterly with 7 a rndius of 210.00 feet through a eentral angle of 70° 01' 35• a distance of 13; 256,66 :'eet, tangent to sairl curve S 61° 01' M" £ UH .41 feet, Southcilst~!l'ly 9 10 11 central angle of 19" 52' 54" a distance of 168.30 feet, South,,asrnrl." along ll a r!"!verse curve concav~ /lor:ileasterly with i\ radius of 1195.0fl ff!et ~hrough a 12 central angla of 19° 53' 26" a distance of 241.27 feet, tangrrnt to s,,1d curvr:
13 S 61" OP 1\6" £ 161.37 fedt, Southeasterly alnr.g a tarnJP.nt curve concnVP Northwith a radius of .470. on fim t tbrout7h ,1 centr,n a119la of 33° lO' 18" a IS dist.inc,, of 272.11 feet and tan1ent to said curve fl 85° 47' 56" E 104.'17 font 20 sai<I curve S 75 9 25' 12'' \f 42,85 feet, Snuth11esterly alonl} a t;ir.rent curve 21 concav,i Southeasterly ·rdth: a radius of 442.0fJ feet through II centril:l an!llr. of 22 56" 19' 27" a distance of 434,50 feet, tangent to sate! cnrv" S 19n OS' 45" 14 1) 121.22 :·eet, Southl!rly illonn a tan11cnt curve concave Easterly with ,1 radtus. of 24 242.00 fe~t through ii centrnl ;:ingl,2 of 35"' 51' 10" a distilcncr: of 151.43 feot 25 an,! Lil<11ent to said c~rvc S 16" 45' 25 11 E ll9.60 feet ti, thi: point of beoinnin9, EXCEPT!t/G THERlffROB L;j.;s 85, 86 and lots ''A" and "fl'' of Tract Ito. flfl97 ilS 27 per r:11n rPcorded 1n !look 3li4 , f)il!J!!S 7 to 11 inclusiVP. of Hiscell<1ncous /laps,
2.D r~con!s ot soi rl Oranqe County,
29 JI)
)1