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Subject: Documents for September 16 Council meeting regarding Broadmoor Hi Laura
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Broadmoor Development Timeline (summary comments)
City Council Timeline (1) summary comments.docx
1966 – The Rancho Margarita homes were built (Felicidad and Presidio).
The land directly in front of Felicidad was completely undeveloped until Broadmoor was approved for development in 1976
January 10, 1973
x San Clemente Planning Commission Meeting
o Landmark announced plans to develop what is now Broadmoor, and requested deviation on street widths which had already been denied at the prior meeting o 65 residents of Rancho Margarita voiced their concerns regarding view protection and protested any relinquishment of code requirements or deviations of code o Landmark Financial announced plans to develop Tract 8162 (future Broadmoor Development) o 65 Residents of Rancho Margarita (includes Felicidad) voiced concerns regarding view protection and compatibility with surrounding area, as well as protesting any relinquishment of present code requirements or deviations
o Landmark committed that elevation change between terraces would be 16 – 20 feet so that each terrace would have a view
o Landmark requested deviation on street widths
o Planning Commission noted that this deviation was denied at the last meeting January 23, 1973
x San Clemente City Council Meeting
o Homeowners requested that the City Council only allow one-story homes as a Condition of Approval o Landmark again challenged the requirement of the width of the street indicating that it would be a hardship and would reduce building pad areas
o Fred Keeler, Felicidad homeowner, asked that the City Council make one-story homes only as a condition of approval
February 14, 1973
x San Clemente Planning Commission Meeting
o The City Engineer commented that the proposed street widths for Broadmoor were not adequate o The City Engineer commented that the EIS study revealed that proposed street widths were not adequate
February 21, 1973
x San Clemente City Council Meeting
o Landmark again requested deviation on the street width and a compromise on the required 8 foot sidewalks. The Felicidad Homeowners continued to state verbally and submitted letters, that they are unalterably NOT in favor of allowing deviation from code and again, stated their concerns about view preservation
o As a result, Landmark agreed to one-story houses to maintain views, speciƱcally those living on Felicidad
o City Council denied the Developers request for deviation from code o Landmark asked for deviation on the street width and compromise on the required 8 foot sidewalks
o Felicidad homeowners commented that adjacent property owners are unalterably in favor of NOT allowing deviation from code
o Letters were presented from Felicidad homeowners (including Jay and Susan Rice) expressing concerns and objections to Tract 8162 which included size and height of homes and preservation of views
Developer agreed to one-story houses to maintain views speciƱcally those living on Felicidad o City Council moved to require a new tract map incorporating these new restrictions o Council denied deviations from code
March 1, 1973
Event
x San Clemente City Council sent communication to Landmark containing sections of the meeting minutes from the February 21, 1973 meeting acknowledging that Landmark agreed to a restriction of one-story houses on the north and east side of the perimeter lots (Calle Felicidad and Presidio are the perimeter lots) March 14, 1973
x San Clemente Planning Commission Meeting
o Landmark submitted a revised tract map restricting homes to one-story construction on perimeter lots facing Delicada and Avenida Presidio so that views will not be obstructed o The City attorney indicated that he would ensure this condition was included in the CC&Rs prior to the approval of the Ʊnal tract map
8 months later on November 14, 1973
x San Clemente Planning Commission Meeting
o Landmark opted out of the option to develop tract 8162 and Richard B. Smith Co (referred to as RBS) adopted the tentative tract for development
o RBS also requested realignment of the center line of the street, and requested a variance of 4 feet on the slope side and 12 feet on frontage side
o The City Engineer again, opposed any deviation from code, as did Felicidad homeowners. However, the Planning Commission voted to recommend that the City Council approve the deviation o Landmark opted out of option to develop tract 8162 and Richard B. Smith Co (RBS) adopted the tentative tract for development
o RBS requested realignment of center line of street, requesting a variance of 4 feet on slope side and 12 feet on frontage side
City Engineer opposed any deviation from code, as did Felicidad residents, however, the Planning Commission voted to recommend that the City Council approve the deviation November 21, 1973
x San Clemente City Council Meeting
o Larry Lizotte, RBS Developer, again requested the realignment of the street center line to increase the buildable area. The City engineer maintained his resistance to any deviations from the City’s standards o RBS (Lizotte) requested the realignment of the street center line to increase buildable area o Lizotte assured the City Council that they would submit CC&Rs, Bylaws and Articles of Incorporation o The City Engineer maintained his resistance to any deviations from the City’s standards and the City Council held over any decision
November 27, 1973
x Event – Broadmoor / Felicidad Homeowners meeting at Sally Sargent’s home o RBS is now Broadmoor. Larry Lizotte, met with Felicidad homeowners at Sally Sargents home to discuss compromises that would create adequate pad size for Broadmoor and satisfy Felicidad concerns.
o Larry Lizotte (RBS is now “Broadmoor”) met with Felicidad homeowners to discuss compromises that would create adequate pad size and satisfy Felicidad view concerns At that meeting, Felicidad Homeowners agreed to:
x Allow Broadmoor to regrade Felicidad slopes creating a 30 foot sharper angle and more abbreviated top of Felicidad slopes
x Support the elimination of a sidewalk on the east side of Delicada (bottom of Felicidad slopes) Broadmoor agreed to:
x Never allow two-story houses in the Broadmoor community that would interfere with the Felicidad homeowners
x Never allow any tree, bush or structure that would inhibit the existing views of Felicidad homeowners
These statements are found in the sworn Declarations for Jay Rice, Susan Rice, Larry Lizotte, Sally Sargent and noted in item #4 of the sworn Declaration for Cecilia Gallardo-Daly *Note – Broadmoor had many meetings with Felicidad homeowners in late 1973 to early 1974 The next day on November 28, 1973
x San Clemente Planning Commission Meeting
o Larry Lizotte and other Broadmoor associates reviewed agenda items that he had discussed with the Rancho Margarita homeowners the previous day, which included their agreement to limit roof height to 17 feet and one-story construction within Broadmoor
o Homeowners requested that a 17 foot maximum roof height be imposed as a Condition of Approval on houses directly below Felicidad, which is Delicada. Homeowners also requested the City Council impose the height restrictions as an additional Condition of Approval, even though they received a verbal agreement from Broadmoor the previous day during the meeting in Sally’s home o City Council required the following conditions be incorporated into the CC&Rs before they would provide approval:
Building pads for homes facing Delicada be a minimum of 20 feet below the building pads of the Felicidad homes
All homes be single story and no higher than 17 feet and that at no time can a second story or other structure be added which would exceed the 17 feet height limit o Broadmoor also requested a 6’ to 20’ front-yard set-back which the Felicidad Homeowners opposed o Broadmoor requested a 6’ to 20’ front-yard set-back from the city code of 20’ Homeowners from Rancho Margarita Associates (Felicidad) opposed the variance Lizotte and other Broadmoor associates reviewed agenda items that he had discussed with the Rancho Margarita homeowners on Tuesday, November 27, 1973 which included agreement to limit roof height to 17 feet and one-story construction within Broadmoor o Fred Keeler, requested that a 17 foot maximum roof height be imposed as a condition of approval on houses directly below Felicidad. (These houses are on Delicada) o Sally Sargent requested the City Council impose the height restrictions as an additional condition of approval, even though they received a verbal agreement from Broadmoor during the November 27, 1973 meeting in her home
o City Council moved to approve the plan with the following conditions being incorporated into the CC&Rs:
Building pads for homes facing Delicada be a minimum of 20 feet below the building pads of the Felicidad homes
All homes be single story and no higher than 17 feet and that at no time can a second story or other structure be added which would exceed the 17 feet height limit December 12, 1973
x San Clemente Planning Commission Meeting
o Broadmoor presented a revised tract map containing 1 less street to negate the variance request to front yard set-backs
o The Planning Commission recommended approval by the City Council of the tentative Broadmoor tract map
December 19, 1973
x San Clemente City Council Meeting
o Broadmoor withdrew their request for front yard set-backs which continued to be opposed by the City Engineer. The Homeowners requested that Broadmoor include the following conditions before building:
20 ft. diƯerential in height between Delicada and Felicidad with Delicada roof height between 15 – 17 feet
That CC&Rs include a statement that Delicada cannot add to the height o The Felicidad homeowners then supported approval of the revised tract map based on these 2 conditions
o Broadmoor withdrew request for front yard set-backs which continued to be opposed by City Engineer
o Mr. Kearns, on behalf of Felicidad homeowners, requested that Broadmoor include the following conditions before building:
20 ft. diƯerential in height between Delicada and Felicidad with Delicada roof height between 15 – 17 feet
CC&Rs include a statement that Delicada cannot add to the height o Felicidad homeowners supported approval of the revised tract map based on these 2 conditions. Sally Sargent also spoke in favor of granting Broadmoor a variance on the street centerline o City Council approved the tentative Broadmoor Tract map subject to all conditions but held over the decision on the street centerline variance (pad size)
February 16, 1974
x Event - Agreement between Broadmoor and Felicidad Homeowners o As agreed by Felicidad Homeowners, Broadmoor submitted an agreement to Homeowners for “Easement and Authorization to Perform Grading” of Felicidad slopes. This document can be found in the Jay Rice Declaration package along with pics Felicidad slope being regraded o “Easement and Authorization to Perform Grading” of Felicidad slopes provided to Felicidad Homeowners
(Jay Rice Declaration package) – letter and Pics of regrading March 6, 1974
x San Clemente City Council Meeting
o Larry Lizotte noted that the original Broadmoor tract was for 225 homes and has been revised to 199 homes. Sally Sargent commented that this was in response to density issues and to the City Engineer’s continued refusal to vary from code.
o The Council denied Broadmoor’s request for front-yard set-back
o Also, on this date, Broadmoor sent a letter to Felicidad Homeowners thanking them for their cooperation to regrade their slopes. This document can be found in the Jay Rice Declaration package . o Lizotte noted that the original Broadmoor tract was for 225 homes and has been revised to 199 homes Sally Sargent noted this was in response to density issues and to the City Engineer’s refusal to vary from code
o City Council denied the request for a front yard set-back x Broadmoor letter to Felicidad Homeowners
o Thanking them for cooperation and indicating that the regrading schedule for the individual Felicidad slopes would be forthcoming (letter in Jay Rice Declaration package) March 20, 1974
x San Clemente City Council Meeting
o Broadmoor requested permission from the City to grade the tentative tract which was approved May 21, 1974
x San Clemente City Council Meeting
o Homeowners requested clariƱcation of approval condition #16 which states that homes adjacent to Presidio and Delicada be restricted to single-story homes. Larry Lizotte conƱrmed that Broadmoor would abide by the height conditions and he eliminated a condition whereby up to 10% of the houses could be two-story if they did not block uphill views. The City Attorney acknowledged that the CC&Rs were acceptable and contained the height restrictions. At this point, the City still required sidewalks on both sides of Broadmoor streets. The City Council also followed up with a communication to Broadmoor highlighting the height limitations
o Sally Sargent requested clariƱcation of approval condition #16, “The CC&R’s shall contain a provision that homes adjacent to Avenida Presidio and Calle Delicada shall be restricted to a single-story in height”
Lizotte conƱrmed that Broadmoor would abide by the height conditions o Lizotte eliminated a condition whereby up to 10% of the houses could be two-story if they did not block uphill views
o Sally Sargent inquired about the slope grading work schedule (7:00 am – 7:00 pm) o The City Attorney acknowledged that the CC&Rs were acceptable and contained the height restrictions o The City Council passed a resolution that sidewalks are required on both sides of Broadmoor streets o The City Council approved the CC&Rs as amended
o City Council sent communication to Broadmoor highlighting the height limitations August 7, 1974
x San Clemente City Council Meeting
o Broadmoor requested a variance to reduce the width of the sidewalks Request denied
September 25, 1974
x San Clemente Planning Commission Meeting
o Lizotte reiterates his statement made at previous hearings that Broadmoor had retained architectural control through the CC&Rs
During November and December 1974 and in February 1975, multiple communications and interactions occurred between the Homeowners and the San Clemente Director of Planning, to ensure that houses met height restrictions. Sally and 2 other Felicidad ladies physically attended two separate on-site measurements with the San Clemente Director of Building and Planning to conƱrm compliance. These letters can be found in the Sally Sargent declaration package.
November 13, 1974
x Letter from Felicidad Homeowners requested by Sally Sargent, to the San Clemente Director of Planning
o Requested a written report on the actual heights of each of the plans to ensure that the 17 feet height limitation is being enforced (letter in Sally Sargent declaration package) o Sally Sargent informed Lizotte of the Felicidad Homeowners request and he assured them that if any house was found to exceed the 17’ limit, it would be “No problem” to lower the roof to bring it into conformity (Sally Sargent declaration package – same letter as above) December 6, 1974
x Response from San Clemente Director of Planning to Felicidad Homeowners November 13, 1974 letter
o ConƱrming an inspection was made on December 5, 1974 and height restrictions were in compliance with the agreement (letter in Sally Sargent declaration package) February 11, 1975
x Follow-up letter from Felicidad Homeowners to San Clemente Director of Planning o Requesting a physical on-site measurement model 1A (along the ridgeline) as it appeared to be higher than any other model and requested that Felicidad homeowner be present (letter in Sally Sargent declaration package)
February 12, 1975
x Event – Sally Sargent and 2 other ladies along with the Dept of City Planning were present during the physical measuring of model 1A homes (Sally Sargent declaration) February 13, 1975
x San Clemente Planning Commission letter to Sally Sargent o Acknowledging that the Department of City Planning along with Sally Sargent and 2 other ladies participated in the February 12, 1975 on-site physical measurement of model 1A (along the ridgeline) which measured 17’1/4”; 16’10”; and 17’1” (letter in Sally Sargent declaration package) March 19, 1975
x San Clemente City Council Meeting
o as agreed by the Felicidad Homeowners 1 ½ years earlier, Homeowners requested that the City delete the sidewalk requirement on the east side of Delicada. As a result, the City Council approved the deletion of the sidewalk.
o As agreed in the November 27, 1973 meeting with Felicidad Homeowners and the Developer, Homeowners requested the City to delete sidewalk requirement on east side of Delicada o Felicidad Homeowners delivered a petition containing 25 signatures of Felicidad homeowners requesting that the City delete the required sidewalk on the east side of Delicada This would allow Broadmoor to gain footage to move the centerline of the street towards the hillside of Felicidad
o City Council approved the deletion of the sidewalk on the uphill side of Delicada, however, the centerline of the street was to remain
April 2, 1975
x San Clemente City Council Meeting
o The City Council clariƱed that deletion of ONLY the uphill sidewalk on Delicada was approved, not all Broadmoor hillside sidewalks. This was a direct result of Felicidad concessions to provide Broadmoor with adequate building pads
o Lizotte indicated that he understood that all hillside sidewalks were no longer required by the City o The City Council clariƱed that deletion of ONLY the uphill sidewalk on Delicada was approved, not all Broadmoor hillside sidewalks
January 7, 1976
x San Clemente City Council Meeting
o The Homeowners requested assurance that the height restrictions be recorded in the CC&Rs when recorded with the County. Broadmoor conƱrmed that all restrictions would be included o The restrictions were in fact, added as a “Supplementary Declaration of CC&Rs” and included single story, 17 foot roof height and 17 foot height restriction on Trees, Bushes and Shrubs which is SpeciƱc to Lots 1 – 19, tract 8963, which is Delicada
o The City Attorney indicated that he is setting up an operating procedure to review the CC&Rs to conƱrm that these items are included in the CC&Rs before recording o Based on this, the City Council approved the Ʊnal tract map for Delicada o Sally Sargent asked for assurances that the height restrictions be recorded in the CC&Rs when recorded with the County
o Lizotte, representing Broadmoor, stated that all restrictions would be included in the CC&Rs and recorded with the County
Added as Supplementary Declaration of CC&Rs and included single story, 17 foot roof height and 17 foot height restriction on Trees, Bushes and Shrubs
SpeciƱc to Lots 1 – 19, tract 8963 (Delicada)
o The City Attorney commented that he is setting up an operating procedure at staƯ level to review the CC&Rs to conƱrm the various items are included before recording o City Council approves Ʊnal tract map for Delicada
February 4, 1976
x San Clemente City Council Meeting
o City Engineer recommends the granting of an easement to Broadmoor for maintenance of Delicada Parkway
February 6, 1976
x Event - San Clemente City Council Easement Recording with Orange County o City of San Clemente grants easement along the easterly side of Delicada to Broadmoor for maintenance of parkway
February 11, 1976
x Event - Supplemental Declaration of CC&Rs was recorded with Orange County o SpeciƱcally noting lots 1 through 19, inclusive of Tract 8963…” (Delicada) o and Tree Height restrictions are noted in Section 3
o This document can be found in Section 2 of your documentation package Are there any questions on the timeline?
September 6, 2025
To: San Clemente City Council
Subject: Enforcement of Height Restrictions of Broadmoor CCRs x On November 27, 1973 Felicidad homeowners agreed to concessions (gave up land and regrade slope to 30 feet sharper angle and abbreviated top) to provide Broadmoor with adequate building pads. In exchange, Broadmoor agreed to never allow any tree, bush or structure that would inhibit the existing views of Felicidad homeowners. x On February 11, 1976 Broadmoor CCRs were recorded in Orange County noting tree height and structure restrictions to a maximum of 17 feet (Article VII, Section 22). x As of today, 9 of 19 Delicada homeowners refuse to comply with height requirements. All violations have been directly reported to the Broadmoor HOA. x Multiple requests to Broadmoor HOA and to the City Attorney have resulted in lack of enforcement of the height restrictions oƯicially incorporated into Broadmoor CCRs in 1976. x The outcome of civil litigation stated that only the Broadmoor HOA and the City can enforce CCR height restrictions on Delicada and only the City can enforce violations of Conditions of Approval.
x Article XII of CCRs grants the City of San Clemente the authority to enforce theses regulations if the HOA fails to do so.
In summary, I and other Felicidad homeowners request the City to enforce Broadmoor CCRs on height restrictions as the Broadmoor HOA continues to do NOT ENFORCE the restrictions and have trees and shrubs abated to the allowable 17-foot height. Felicidad homeowners have been working to resolve the height violations with Broadmoor HOA for many months without resolution.
Thank you,
Elise Kushino
Felicidad homeowner
September 5, 2025
Letter of Disclosure to San Clemente City Council
Re: Broadmoor HOA, Broadmoor Management Co., and Homeowner Violations of 17’ Height Restriction on Calle Delicada (Tract #8963)
Dear Council Members,
My name is Alan Jay Rice, age 84, and I have resided at 301 Calle Felicidad since September 1968. This home, along with 301 Calle Rica, was originally owned by my father-in-law, Ray Waser, from whom I purchased my property in 1972.
I first came to San Clemente in 1958 while serving in the 1st Marine Division Band at Camp Pendleton. I performed at the dedication of the U.S. 101 Freeway atop the Ave Presidio overcrossing in 1961. Prior to that time, the sole highway from San Diego to Los Angeles was El Camino Real, known as “Slaughter Alley” which went south to Oceanside where I was a policeman for 31 months of my 37-year law enforcement career.
My recollection of events in San Clemente during that time remains clear:
x Ken Carr was City Manager
x Phil Peters was City Engineer
x Cliff Murray was Chief of Police
(The police station was then located at the City Yard on Avenida Palizada) Now, to the point of my letter:
x The land where Calle Delicada homes now stand was, in the early 1970s, an undeveloped landslide complex with wildlife, brush, grass, a waterfall, and a frog pond downward beside La Cuesta
x Residents of Calle Felicidad enjoyed unobstructed views of Catalina Island, Dana Point, and the Pacific horizon
In the late 1960s, we on Calle Felicidad—organized as the Margarita Associates—had already fought off Landmark Financial Corporation’s attempt to build two-story homes without restrictions. Landmark preceded Broadmoor in a failed attempt to build on the fourth & final phase.
Later, when seeking to develop Tract 8963 (Calle Delicada), Broadmoor met with us repeatedly in 1973 – 1975 to negotiate terms. Their officials included:
x Richard B. Smith, founder of Broadmoor who recently sold Broadmoor to Genstar (1973) but continued to manage for Genstar
x Larry Lizotte, Senior Vice President of Broadmoor
x Dennis H. Bickler, Director of Property Acquisition & Assistant Division Manager x S. Reid Gustafson, Vice President & Division Manager
x R. F. Osgood, Senior Vice President & Secretary, and
x Mr. John P. Hazeltine of Broadmoor
From those negotiations, two binding concessions were guaranteed to Calle Felicidad homeowners and affirmed by the San Clemente City Council:
1. No two-story homes would ever be built in the Delicada tract, in order to preserve Felicidad views
2. No trees, landscaping, or other materials (including antennas, birdhouses, etc.) would exceed 17 feet in height on Calle Delicada. Any potential impediment would be limited to a maximum height of 17’ on Calle Delicada, with no exceptions x Elsewhere in Broadmoor, a 20’ limit was allowed—but Delicada was specifically restricted to 17’.
This restriction was written into:
x Broadmoor CC&Rs, Article VII, Section 22
enforcement provisions noted in Articles 8.4, 10.4, and 12 x Broadmoor Supplemental CC&Rs specific to Delicada, Section 3 These commitments were the quid pro quo for concessions given by Calle Felicidad homeowners, including:
x Relinquishing land - portions of our rear property slopes were cut back and steepened by Broadmoor to stabilize the area—reducing my own lot from ~10,900 sq. ft. to ~10,007 sq. ft.
x Signing City waivers to eliminate sidewalks along Delicada at the base of our slopes, benefitting Broadmoor’s project by satisfying City development requirements Broadmoor officials promised us directly: “You don’t have any worries—it will be in writing for your protection.”
This agreement was not incidental—it was foundational to the very approval of the Delicada tract. To ignore or “turn a blind eye” now would negate the commitments made in good faith between Broadmoor, the City, and the residents of Calle Felicidad.
Today, the Broadmoor HOA and Compass Property Management continue to ignore their duty to enforce these binding restrictions, even after the City granted 2 enforcement pauses. Despite Broadmoor’s own investigation of ten Felicidad properties, at least 36 trees remain in clear violation. Allowing violations to persist betrays the promises made, the concessions given, and the binding protections written into the public record more than 50 years ago.
The HOA’s selective enforcement on Delicada is discriminatory, and a blatant breach of contract. If the HOA refuses to enforce, then—the City of San Clemente has the legal authority to enforce their Conditions of Approval.
I respectfully urge the Council to exercise the City’s documented authority and enforce their own rules—uniformly and immediately. Civil court action against individual homeowners should not be necessary if the governing entities uphold their duty.
Respectfully submitted,
Alan Jay Rice
42 6
Delicada trees > roof
# Felicidad
complaints
Dates of
complaints
# view inspections
required by
Broadmoor for
same violation
# of tree
violations
# Trees
abated
Date
abated
201 yes 1203 egregious 2 2/10; 4/14 2 5207 yes 1 4/14/25 1 1 301 egregious 3 5/6, 5/12 3 3
303 egregious 3 5/6, 5/12 3 4305 egregious 4 2/4; 5/6, 5/12 4 4 4 5/21/25309 yes 2 2/11; 5/6 2 1 1 7/17/25311 egregious 4 2/7; 2/11; 2/15; 2/25 4 1 1 5/3/25 313 egregious 5 2/7; 2/11; 2/15; 3/28; 4/14 5 11319 egregious 2 5/6; 8/7 2 3 325 egregious 1 5/6/25 1 7327 egregious 1
September 8, 2025
City of San Clemente
City Council
910 Calle Negocio
San Clemente, CA 92673
For over a decade, Felicidad Homeowners have repeatedly asked Delicada and the Broadmoor HOA to comply with the City-imposed 17-foot height limit on Delicada.
That restriction was not arbitrary, it was the quid pro quo for Felicidad’s concessions that enabled the development of Delicada possible. The agreement was clear:
x Felicidad relinquished land, allowed slope recontouring, and waived the sidewalk requirement, to create the pad space required by the City to develop Delicada x In return, Broadmoor agreed to limit all structures, trees, bushes and shrubs on Delicada to 17 feet
It’ just that simple.
The City was not a by-stander, it actively participated in securing these concessions and imposed the 17-foot restriction as a binding Condition of Approval on every Delicada property.
For almost 30 years, Broadmoor complied. Now, for over a decade, they refuse to even engage with Felicidad, arguing that because we are not HOA members, we have no enforcement rights.
The Council has delayed City intervention by granting two enforcement pauses, totaling 10 months, in the hope that Broadmoor would comply voluntarily.
Since the City’s Demand for Compliance (June 26, 2024), only six of 42 egregious violations have been abated.
The Council has already received extensive documentation proving that Delicada’s 17-foot limit was the direct quid pro quo for Felicidad’s concessions and, was imposed by the City as a binding Condition of Approval.
Supporting documentation has been submitted to the September 16, 2025 City Council Packet:
x Broadmoor CCR Article 8 section 4
x Broadmoor CCR Enforcement Article X section 4
x Broadmoor CCR Article 12
x Broadmoor CCR Section 22
* All grant the HOA and the City authority to enter private property and directly abate violations
x Broadmoor Supplemental CCRs for Delicada
o Section 3: 17 foot Tree Height limit
o Section 4: Broadmoor’s responsibility to maintain east side of Delicada slope
x Declaration of Cecilia Gallardo-Daly – Former San Clemente Community Development Director
x Declaration of Laurence Lizotte – Broadmoor Developer x Declaration of Alan Jay Rice – Original Homeowner
x Declaration of Sally A. Sargent – Original Homeowner
x Declaration of Susan P. Rice – Original Homeowner
o 5 Sworn Declarations attesting to the quid pro quo and its history x City Council Timeline (1) summary comments
o Official meeting notes from City Planning Commission and City Council Meetings January 10, 1973 – February 11, 1976
x City Demand Letter to Broadmoor HOA
o Issued June 26, 2024
x EXHIBIT 4 – Letters to and from City Planning confirming height limit o Communications between Felicidad and City Planning Director Broadmoor Diversionary Tactics
Slope Maintenance
Broadmoor falsely claims that Felicidad fails to maintain its slopes. In fact, Broadmoor is responsible for maintaining the 8-foot wide parkway from the east side of the curb, along the entire length of Delicada. Notably, several sprinklers in this area have reportedly been capped, not by Felicidad.
x Broadmoor Supplemental CCRs for Delicada - section 4
x SCCC Minutes & Delicada Easement Grant - 2 documents
x SCCC Mar 19 1975 Slope Maintenance - page 7
Height, Not View, Defines the Violation
Broadmoor asserts that some Delicada trees over 17 feet don’t impact Felicidad views and therefore should not be subject to enforcement.
This is not possible on Delicada as every property has a Felicidad home directly above it.
The 17-foot limit on trees is not subjective - it is aligned with the 17’ roof height limit and applies uniformly to every Delicada property (201 – 327)
x Exhibit 4 – letters to and from City Planning confirming height limit Complaint Process
Broadmoor has taken no proactive steps to comply. Instead, they:
x Require Felicidad to file complaints with pictures from their properties x Disclose complainant identification to Delicada violators x Require that we allow three representatives onto our properties for “view inspection” x If the Board confirms that a violation exists, the process could move to IDR and ADR o Smisko HOA process to Felicidad 2-5-25
Broadmoor claims this is the process they take with their HOA members. However, for years, they argued that because Felicidad is not part of the HOA, Felicidad should not benefit from the height limit and cannot compel compliance.
Following Broadmoor’s ludicrous process dictated seven months ago, most Delicada violations have been reported by 2–5 Felicidad homeowners for the same property, yet each Homeowner must undergo a separate inspection—and still, only a token few (just 3 properties involving 6 violations) have been abated.
Felicidad is Broadmoor’s Land Benefactor and should never have been compelled to endure this burdensome and abusive process.
The Height Restriction Remains Binding, Regardless of Time or View Inspections During Broadmoor’s “inspections”, a Board member argued with Felicidad Homeowners that:
x They can’t tell which trees Felicidad was complaining about; x Certain trees don’t obstruct or significantly obstruct their view; x Homeowner wasn’t around when the agreement was made 50 years ago, implying that the height limit no longer applies;
x Delicada homeowners can simply sit on assessments indefinitely and still not comply x Delicada violations
Litigation Threats
The City must not allow threats of litigation from Delicada dictate enforcement of its regulations.
Delicada and Broadmoor are not fighting to protect any legitimate rights, they are willfully and intentionally breaching their agreement with Felicidad and the City to inflict harm on neighbors, with nothing but malicious intent.
The true risk is not in enforcement of City regulations, but in allowing defiance and delay to prevail, which erodes confidence in every approval, condition and promise the City ever has made, or ever will make, to its citizens.
Felicidad Acted in Good Faith
Any suggestion that Felicidad should “compromise”, “find middle ground” or accept subjective measurements, such as accepting that Delicada merely “thin out” violations - completely disregards and effectively nullifies, the critical concessions Felicidad made 50 years ago.
If the City is prepared to negate one part of the agreement, why not all of it? Return Felicidad’s land, restore slopes to their original grade, install the required sidewalk, and compensate Felicidad for decades of lost land use.
Broadmoor’s token enforcement efforts were never about compliance, they were delay tactics designed to placate the City Council, exhaust Felicidad, and pit neighbor against neighbor. Their refusal to comply not only undermines the integrity of City regulations but shows a blatant disregard for the City’s authority in upholding its Conditions of Approval.
I respectfully urge the Council to uphold the integrity of Conditions of Approval, assume City enforcement of the Delicada height limit, and immediately abate every remaining violation on Delicada.
Sincerely,
Reva Buck
Dear San Clemente City Council,
I am writing this letter to implore the City Council to resolve the concern of Broadmoor's unnecessarily slow and in some cases non-existing enforcement efforts regarding Delicada Street and park trees that exceed seventeen feet in height. I have heard several Felicidad resident’s accounts that Broadmoor had been enforcing this HOA requirement for thirty some years but then stopped the enforcement. Since that time Felicidad residents have been struggling with trying to work with Broadmoor on this issue. I have personally witnessed this for the past fifteen years.
Thank you for your dedication to the betterment of San Clemente and your consideration to the resolution of this matter.
Regards,
John Milroy