Agenda packet — San Clemente City Council, January 20, 2026 (part 2 of 6)

!larch ?1', 1974
173-45/JKS:r,,.j
L92, O'J
Rev, lqwi 1 q, 1974
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Ex 16-25
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Ex 16-26
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THE EVENT OF ANY VAIUANCE

BETWEEN SLOPES AS SHOWN ON

IHIS PLAN THUSLY AND

SLOPES AS ACTUALLY FINALLY
ORADED ThE SLOPES AS FINALLY
GRADED WILL SUPERSEDE ThOSE

SHOWN ON THIS PLAN
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lN THE EYEIIT OF AtlY VARIANCE
BETWEEN THE SLOPES AS SHOWN ON Tit I S PUK ntUSL V li'§}§,%·'i%:l AND SLOPES AS ACTUALLY flHALLY GRADED, TIIE SLOP ES ,\S flNALL Y ORA.OED WILi. SUPERSEPE TitOSE SHOWN. 011 THIS PLAN. w
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Ex 16-26
143

EXHIBIT

LOPE CONTROL AREA PLAN
TRACT NO 8597

THE CITY OF SAN CLEHENTE
I73IS Jy
LII filE EVEIfT OF ANY VARLANC
HETWEEN THE SLOPES AS flOTIR

OH THIS FLAN TIIUSLY

MIO SLOPES AS ACTUALLY
ILIIALLY 6RAOED THE SLOPES
AS LHALLY GRADED WILt
fiiPTS THOSC SHOWN ON
511
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Ex 16-27
364559
EXHIBIT "8 u

LOPE CONTROL AREA PLAN
TRACT NO. 8597

THE CITY OF SAN
w. o. I 7 3 • 11 5 R .CY. JI/. I" .9, I !114
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81 IH TUE EVENT OF MlY VARI/\IICE 1 1 : 33 , ,
BETWEEH THE SLOPES AS SIIOWH 1 , i 1 '
Oil THIS PLAN THUSLY m:;;·•:,·.mr-------J
MIO SlOPES AS ACHIALL '(
FltlALL Y GRADED, THE SLOPES
AS I-lHALLY GRILOED WILL
SUPERSEDE rnost SIIOWN OH
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Ex 16-27
144
XHIBIT

SLOPE CONTROL AREA PLAN

TRACT NC GFRT

LIE ITY OF SA IC
REY da9I974
KjJ224pg 64
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ARR156
III THE EVENT OF ANY VAR1ANCE BETWEEN TIlE SLOPES
AS SHOWN Oil OIlS PLAN THUSLY AND

SLOPES AS ACTUALLY FINALLY GRADED HE SLOPES

AS FINALLY GRADED WILL SUPERSEQE THOSE SHOON

ON THIS PLAN
14 85
TueII/t T4A 5/TI
Ex 16-28
374660
1 /! THE EVEIH Of AHY VAR! AN CE THE SLOPES
\S '.':HOW!l OH TH IS PLAN Ti!USLY EEL rr-«·::Ei MID

SLOPES AS ACTUALLY FINALLY GRADED, THE SLOPES
,\S ,HALLY GRADED WI SUf'ERSED~ THOSE SHOl'IH
011 TM S PlAH.
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f X H I0 IT '' 8 '

SLOPE CONTROL AREA PLAN
nAC rm <11
.P filf. CITY OF SAt, {'t.[t1C-l [
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na fiId in oo 344 11 Irc1usIE of Is ooo lops
rcord said Conty
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31 ev July 1974
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Ex 16-29
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1 / ICE y ~RD EA - / "i(°\ SEMEN r PL AN
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TRAC1 NU 8597

IN THE CITY OF SAN CLEME
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147

EXHIBIT

SIDE YARD EASEMENT PLAN
IRACI NO 8597
IN IHE cir OF SAN CLFMkNTE
WO 173
I/LP.9jg74
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GARR1 59
Ex 16-31
404963
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148
FXHII3II

SIDE YARD EASEMENT PLAN
TRACI NO 597

IN TUE CITY OF SAN CLEMENTE
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. I 8/J

SIDE YARD EASEMENT PLAN
lHACT 0. 8597

IN HIE CITY O SAN C EMENTE
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149
Attachment 3
42 EXHIBIT C
5165
1:11 - ·- • '
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9820
ll.ECORDING REQUESTED BY
IIND WHEN RECORDED MAIL TO:

Broaamoor Homes, Inc.

L7802· lrvine Boulevard
Tustin,·california 92680
Attention: M:t. Larry R. Li~zotte
I
I
BU 164?/lt 2~
ij.£1:Q/Ul'(O AT 111.~lfST u11m :1-m1. m:r 11ts. co.
•H cr~;=t..•t "r,·,.:.;;rff "'
DlHW,( ecu1:i:. ~I.I.
8:[10 Ml Fra l l • l!J76
L WYt.li C.l~LYrr. c.,._,,1 RtcaPG'9
(Above Space·For Recorder's Use Only)
SUPPLEMEN~ARY DECLARATION
. , OF . COVENANTS, CONDITI9MS AND -RESTRICT~ONS
. :THIS SUPPLEMENTARY· DECLARATION, r.lade _t:l.is 16th day of ~illlllar,Y_, 197 o, by BROADMOOR HOMES, :i:~iC., a California corporation {"Declarant") . , WHEREAS, .Pe9larant is the -owner oz cer-e:ain real
property _in the City-.l)t.·San Clemente, County of '.lrange , . state cf-. Califo·rni·a·, more particularl.y described as • follows: .'-!,.-: . ••. t; .. - . .. ·_:

Lots ~ through· 19" incl.1.tsive # of 'l'raat ,. : : 89.Gli . s shown on a Map recorded in Book 369 •' · '· :· P.a,g,es-.. 1)3' : th.rough 4~.~ • .in.elusive, of M.iscell.aneous ,. .. · ,-, :: .. • ·•,='•-.::iM.~PS:; Fec'9rds-: 0;;,_ o:r;a?\9& County,, Califomia • '!.;. • • • • , .c.,c.!1 J>1;;0.p~rty'11 )~ _ ·;, • -:-.
• .:!. ... J . . •. - J.:-!':· !~n~ ~-;\.: : • ":~ •, !;..,.t.-.; . ... : - -~ - •• , ··""' . . ·.: :;. ~~ . ::_.;z Wl:J,E:RBA.S,, .. Oi;..cJ.;fi.rap.t ,!i~;.i~s to annax tha Property to f-, , ;!::lJ.~. tQ,r:.:i,.g~~iL P.,:rop,e·~t_y&:,_ d~~r~b_ed .in, and to hri:lg the Property .. • ,... ,··.: ;~: - "~itjij.,!1 .t)lffe'.:~g~p.e_r,:?,l~:.:P,tan:-·,p.!J.9. _ _ s_g!J.~e. of~ that certain Declaration . •, ,-::·•~9..:f;rCQ.Y.Ii~~n:l;!l;,~:.C9n~.:i.-t;-ions.~.aIJP,~estriet1.ons :re.::::ordea August 19 , 1974, in Bool~ ll224, Page SBT, Offi~ia1 Records of Orange county, . ,· •'
, .-_
.. _., , .. -~ ,.A~J~i£o~~ia , and as amended by the Amendment to r:ecla-raticm of. ,, ; -. .--.G_o,Ye]la_n1:f.s v :·COl\di tions· -.. ~_sl,-,~~s-g_ictions recorded December 2 O • 1974, in Book 11309, ~a.ge· 1330 ~ Off;i.c:ial Recorqs of Orange .. ,-, Cg:tl,n.ty. Cali.fornia (the "Master Declaration"). w."doh annexation. •, .... , .~hA].;],: ~-e ~?,.e. pursuant .to ~action. 2.Ca} of .Article II ,of the ,. • -~~J.e.r,. Dec;l:,~ation: -a.nj:l . • • •
: ,;._.
. •: ,~REAS~ Deolarant will. convey- the P.ro~rty subject ~O :~~):t:~~n protective,90ve~ants., conditions. restrictions, -~~s~~v~i:i.ons,. liens ana c.h,arges·as set fortn in the Master . _:D,ec;:1,.~a·tion.~ -and sp!='!oiiical.l.y pursua~t to Section 2 of Article .. J:I ~o.f, ~h,e :Z.Jq5 te:t" Oeqlara:!;ion relating to the annexation of a,~g..kt-i_qnal. pi:ope.rtie.s. • -.::· ..,.·_ 'l -::NOW\,. 'l'HEREFPRF;-" - it is dee.lared as follows:;:
• ~:~, . s:~ti~n -1 .. c,·'l'lte Property ~s hereby made subject to al1 o _f _th~ .tE!~ • coy_enants / c-;mdi.tions and pro,;isions as set forth ; i,;i_:t he Master Dec.1,ar.a:c:i:pn,. and specifically pursuant to Section 2 of .A:cticle II 0£ such t-la.ster Declaration, to all inten·ts and .. :,. ~~oses as though the l?xo-perty· were a part cf the Master Declarati 1-.. .--i~!" i•~- ~
, _ _ .. , . :. Section 2:. Exqept as prov.ided in Secf;ion 3 of Article . ,,'!(.(:I o_f -t,he -.Master -De:eJ.axation,. no building, structure- or improve- . -J!le.1?,t • sl;l~l _·be ·constructed; erected, altered, piaced or permitted·:
,?:to ;rei:n.ain ~ ~ny- of the Lo.ts within the Property other than a single .f_~,ly c}.welling designated fo:r occupancy by not more than one family.
-·---·-·. . ----- -~--- --- ~ '--•-· - ;
150
435266
' Section~ ~ No building, structure, irnprdvement or ( addition texciiiding chimneys and roof vents) shall be con- structed, erected, altered·, placed or permitted to remain on any portion of the Property, which exceeds one story in height with a maximum heig.ht of 17 feet. No tree, bush or shrub shall be placed or maintained upo~ (i) any Lot described in Exhibit "A" , attac hed hereto and i ncor porated herein by refer- ence1 whic-h exceeds 17 feet in height or {ii} upon any other Lot in the Propert y whi .ch exceeds 20 feet in height. --Section 4. There shall be granted to the Asseciation. easements over the slopes of Lots l through 19, inclu.siv-e, -:,,_of:
_t-he,.- Pr.op'erty,: and "the City all.ows enc;i;-oachment 0ver the parkways of Calle Delicada for maintenance purpose, as more· _p~rticula:rly shown and described in the Slope Control Arca Plan -- --~t,t~ched·-hereto as--Ex"hibit "B" and incorporated herein by this ·• ·reference for the purpose of maintaining said slopes (referred to µerein· as · '!S,lope Control. .l\rea. 1!) D The Association shall ma-intain • t~~- SJope Control Area ~nd all landscapi.ng ~hereon, as originally ' :unproved by De-clarant, 1.n a neat, safe, sam
,tary and orderly condition {including the replacement of landscaping when necessar-1 or: appropr-iate-l and in suoh a manner as to enhance their appearanc ·ana~ tOfpre~ercve
·established
.slope ratios, prevent
- erosion and
·s1~aing; p'r'oblem~, a-nd fa:cil
.itate the or_derly discharge cf water through established drainage -Sy.stems~ ~ l -~~·-~ ~-.ii';·' ~- ..-: ~. -
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•·secti~n -;s
·~, . (a) Each Lot
- within the ·Property (except
Lots 11'.«-:.•ant,'l,• 19
-•of~.!l'ra'
·c:t 896.3) shall have an ea,sement c:reated
--, ,<~h~'r
'eoh: hy.:,_grant or· ::r-i:servation six (6) feet in Width, exte~ding from the frdn't' 1o·t:;.~'rine to .the rear lot 1ine thereof, as more . paFt~cula~ly
·shown and described on th~ easement plan attached
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.<tiere'b'ota.rsL:J:'!~bi·bit"i
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-'C!'-l and fncorporated herein by reference,
[
::fats ~t:11EP J:ie·ne'f.'it~ dr •the
<Lb"t.~"(iric0luding Lots 2. through 14,
• · • ::.c::i'ncl.us1:v~~;:'and' -1.'6-"1::hrough ~.:g;,- -inclusive, of Tract No
. . 8 %'3) .
-:-
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1"adjdi'ifing
·1',afia~:aliu't.t-in'g
"::Sa-i8"~easemen t. . • JJ .... · ~. --:- ~~f~':: :;..!. , • . ,j-_'1-~ -... - - :.. :..-:• • :-' • .;ri:.• :.., ,. ;Y.~t0··l,;:;;:,.1,.
--£ • -:•:-:: :n,) : -E
·ac
·h such easement shall be Uped.
-~:~ria.
: :~njoyed subj~ct~-to ~he•
•f'o'llowing terms
·and conditions: i . :".Ii •" ':. ~l.•~: £ 'li• ' . !;. '. . •. • •
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=·:(i} · 'l'he ;easemient shall .be used only
"as' a general. ricreationa1
·and garden are~ by the Owner of the tLot adjoxi:ii:ng· -and' .:al:iutting the easement·, and· each such OWn~ shall have the right to enter'upon the easement area ·for·· !such purpci'se1• Such purpose shall include the right • ~ cif'' ~uc·h owner·"to • {a} -const.ruct upon _the easement area an •· .,i: "-'uncovered· eonc.rete _,Pa
·tio ~nd a wall, provided said wall • '! •• rshal-l'- not' be 'clo·ser ·thin· -three (3) feet to the st:ruc:turaJ. - i.• ,;<wa:n· of
"the dwel-l±ng aria :(b) establish
·and maintain a
landscaping and firigatlon system thereon; provided such patio, .wall and system sha·11 be first approved by the · Arclift:ect.ural Collllnitte.e. The easement area and every part _ther~mf, including t:he dra.inag
·e system established by DevelopE
• ··i.t1f ·succ.ess'ors .and. assigns, as part of the grading and ,·i5dg·inal·
_c0nstruc;:ti•on· upon· the Property r shall; be maintqined .: contlriuciusly in a ·neat· a:rta orderly condition by such Owner • . : . ~. ~ ., : . ·. '• • . (,ii). The Owner of the Lot on which
.the easement is located shall have the right, at reasonable time!:!, ·upon reas·onable notice and in a reasonable manner, to enter·-upori·th·e easem.en:t a:rea for the purpose .of maintaining. • ·repairing or restoring the structural wall of his dwelling, < the ·struc·t\lre of which· it is a pa;rt, ;:r.nd the fence owned by .. 'him which adjoin and · abut the easemente
151
445367
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BK I I 645r& .234 •
•.,•, .. ., .. , ~ .:: . .- , ., .. {-iii) No sterage o-f any kind shall . be permittecf '·on •tjl-e. eas·emeiit, nor shall any object or device !?:f :!a_;qy. ½A,,ntj,- -bel(.,~ffixed to the structural w.all or fence adjoining and abutting the easement without the
prior written consent of the Owner of such wa,l.l. or fence. • . ., , i·, :. , ... ,. ,,, . .(iv-} Except for. the - f ences and ·structures· estap_.:µshe(l'.by Deve+oper, or its successors and • • ·--a:s•si.gns··, ·as part···of· 1:;ft7- origin~l construct~on upon ~he • • --Prop~·rty.-,· .. ·and·•~cept as· authorized by Section (b)· (i) -·.: . .' .z)7,f;~J:~al;>py.7, .. ;};9; f~B'Ee::«?-r· otlle~ st1:'ucture of any kind shall ;,,; J ~ .-.~,-_ ,;>e<'.}~f?.n~(t_rµ~$:idi..?f,½~.:upon or adJacenf to ~he easement; . . f : !o!, ,,. - l?.f9:Y&1t.!i!d;,;.1.P.?~f~~:[i~; tJ}~ • an Owner of a ... ot :.,ay construct , ,, , .. .. ,i!jrg5q::, .. ~,api .;e:i:ic~;_(~argh -shall be• ·first approved_ by the .; ~ ".-: '21rcn::!.'te,QJ'urif;_:~~t-El!!i which may . intersect wi 1;.'1 the ~--· . -~ i~s·~~e'nt~ra.rea-.~ ~ .. '<-: !-' -'· i.-~ (v) No planting or other ·mate-rial · o:r authori·zed struct:w;e ( including patios l , shall be constru.c;ted, altered, pl.a-ceg or permitted to rertain · upon the easement area which. fuay ~change the. direction of flow of the· _drainage ·system established py Decl.arant, or its successors or 'assi·gns, as- part. of- tne g~ding of and original ·con:- struction upon the p·roperty or whieh may obstruct, interfere or retard the flo~ of water through such system. The Owners of each Lo.t within· the P~_operty· shall have tbe right to use. the· drainag~ sys--tem established within the easement adjoining and a.butting: their ~ts for .the purpose cif draininc; their Lots {in,oluding< at.riums) ~ provided that such right of· drainc1,ge shall riot include the right to dis·charge noxious.- or· affens~ye matter.
{vi} • . No- use of the ea-sement sha;Ll be
made except as provid'ed hlµ'.eina'b.ove.
. . Section 6. Each· Lot within tqe Property ;s hereby
declared. to h.ave an ·eas~ment. over all adjoining prope.J::ty for the purpose of accommodating; aey- inin6r-encroacbrnent due to origin-a-1 • eng-ineering cir surveying· errors'~ e~rors· in origi??,al construction, or settlement or shifi:,.in~ .o.f a building or other structure 6 and for the purpose of maintafuing. such encroachm;nt.. •
Section 7. • The: covenants, conditions .. and restrictions ot this supplementary De~laration may be amended only in accordance with Section 2 of Articl.e X of the Master Decl,aration. Any amendment must be properly record·ed •
• I N WITNESS WHEREOF',, Dec;I.arant ·has executed this instrument as of the day and year first above .written .

BROADMQOR HOMES , INC.
a California Corp .ration
By ______________ _
Its _____________ _
-3-
152
ATTACHMENT 4
45 EXHIBIT D
5468
1·
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
DECLARATION OF LAURENCE R. LIZOTTE
I, Laurence R. Lizotte, make the following statements based on my own personal knowledge of the facts and circumstances stated herein:

1. During the early to midw l 970s, I was a Senior Vice President with Broadmoor Homes, Inc., (the "Company") the developer of the Broadmoor Community in San Clemente, California ("Broadmoor").

2. As the Se.nior Vice President, my responsibilities included obtaining approvals from the City of San Clemente so that the Company could build Broadmoor. I attended Planning Commission and City Council meetings, and I also met with members of a community group called the "Rancho Margarita Associates" including a woman named Sally Sargent, who was one of the leaders of the group and who lived at 203 Calle Felicidad in San Clemente ..

3. During these meetings with the City and the Rancho Margarita Associates, it was emphasized to me and the Company that existing ocean and coastal views were extremely valuable to the homeowners on Calle Felicidad, the street directly above where we proposed to build the Broadmoor Community. In response to these concerns, the City imposed conditions of approval concerning height restrictions on structures and landscaping.

4. In addition, through these meeting compromises and concessions were negotiated 18 to the satisfaction ofBroadmoor, the Felicidad homeowners, the City's Planning Commission 19 and the City Council related to: (a) the regrading of the Felicidad backyard slopes, and (b) the 20 elimination of the sidewalk requirement on the east side of Calle Delicada in order to gain more 21 platform area to meet City Ordinance requirements to build the Delicada houses. Sally Sargent 22 and her group agreed to these concessions in exchange for permanent Delicada height 23 restrictions so as to preserve views from Calle Felicidad. 24 5. On November 28, l 973, I attended a meeting of the San Clemente Planning 25 Commission at which it passed a motion to approve our housing plan for Broadmoor with a 26 condition of approval requiring the Covenants, Conditions and Restrictions ("CC&Rs'') to state 27 that all homes be single story and no higher than 1 7 feet. (See pp. 6-7 of the San Clemente 28 Planning Commission minutes for its November 28, 1973, meeting attache·d hereto as Exhibit 1.) DECLARA TlON OF LAURENCE LIZOTTE
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1 6. On January 7, 1976, I attended a meeting of the San Clemente City Council at 2 which the City considered and approved the tract map for homes that would be placed on Calle 3 Delicada. During this meeting, Ms. Sargent asked for assurances that certain provisions in the 4 final map approval requiring various restrictions be contained in the CC&Rs when recorded with 5 the County. I recall that Ms. Sargent was referencing height related conditions of approval 6 including a 17 foot height restriction on structures and a 17 foot height restriction on trees, 7 bushes and shrubs. (Seep. 7 of the San Clemente City Council minutes for its January 7, 1976, 8 meeting attached hereto as Exhibit 2.)
9 7. The Company accepted these conditions of approval and stated that they would be 10 included in the CC&Rs and recorded with the County. Following that hearing, the Company 11 signed off on a Supplementary Declaration of Covenants, Conditions and Restrictions for the 19 12 lots on Calle Delicada and as required by the City we included a 17 foot height restriction on 13 structures and a 17 foot height restriction on trees, bushes and shrubs. 14 I declare under penalty of perjury under the laws of the State of California that the 15 foregoing is true and correct.
16 Executed on November -'1._, 2021) at_ =o;,.,....._=....~:n!!:!' 17 18
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28 DECLARATION OF SALLY A. SARGENT
I, Sally A Sargent, currently residing at 1121 Jugador Ct., San Marcos, CA 92078, make the following statements based on my own personal knowledge of the facts and circumstances stated herein:

1. I was a resident of City of San Clemente (''The City") during the period of time that Landmark Financial Corp, and subsequently, Richard B. Smith Co which became Broadmoor Homes, Inc. ("Broadmoor") requested approvals from the City of San Clemente to build homes on Tract 8162, the greater Broadmoor development and Tract 8963, which represents the 19 houses on Calle Delicada and their common areas. This period of the development approval phase of the Broadmoor Community lasted from approximately 1973 to 1976.

2. I lived at 203 Calle Felicidad, San Clemente, CA 92672, together with my late husband Donald Sargent during the development approval phase of the Broadrnoor Community.

3. Calle Felicidad ("Felicidad") is the street directly above Calle Delicada ("Delicada").

4. From our home on Felicidad we had a wonderful, unobstructed view of the ocean and coastline, Dana Point Harbor and Catalina Island. Prior to the Broadmoor development, there were no homes built on the hillside between the houses on Calle Felicidad and San Clemente High School.

5. The houses on Felicidad were built by Pacesetter Development Company and my home was built in 1966 as part of the residential development in the City known as Rancho Margarita. Felicidad is the lowest street in the Rancho Margarita Development. Other Rancho Margarita houses were built further east and up the hill from Felicidad. The Rancho Margafita homes were single story and terraced at approximately 20 ft. or greater elevation intervals on the hillside providing the homeowners with ocean views.

6. In the early 1970's Landmark Financial Group planned on building two-story single-family residential homes on tracts 8162 and 8963, Delicada, which are located directly downhill from Felicidad.
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7. Our immediate concern was that the two-story houses would eliminate our cherished ocean views. Consequently, a group of Felicidad neighbors and a few residents on neighboring streets formed a group known as the "Rancho Margarita Associates". The goal of the Rancho Margarita Associates was to communicate our concerns to the City Planning Commission, the City Council and the developers of the 8162 and 8963 tracts, in order to protect the views on Calle Felicidad and any other factors which would negatively impact the Rancho Margarita Associates ("RM Associates") such as traffic and housing density.

8. The RM Associates filed petitions and comment letters with the San Clemente Planning Commission and City Council and attended Planning Commission and Council Meetings in order to express our concerns about development of the downhill tracts. I personally attended many Planning Commission and City Council meetings and was one of the more active and outspoken members of the RM Associates.

9. The RM Associates, which included at least 65 participants, became well known to City officials. Apart from my late husband and me, the RM Associates included multiple other neighbors living on Felicidad including Jay and Susan Rice, William Kerns, Fred Keeler, Don Stenerson, Frank and Maryanne Dreher, Richard and Karoline Koester to name a few.

10. The 65 members of RM Associates petitioned the City to not deviate from the established Code requirements recommended by the City's Committee on Subdivisions as Landmark, the developer at that time, had requested multiple variances from the Code which we felt would have impacted the Felicidad homeowners. (See p. 2 of San Clemente Planning Commission Minutes of January 10, 1973, attached hereto as Exhibit 1.)

11. During the January 10, 1973, Planning Commission meeting, my neighbor, _fred Keeler, living at 205 Felicidad, specifically asked for clarification as to whether his view would be obstructed by the proposed terraces. He was informed by the developers that the terraces were proposed for 16 to 20 ft. of elevation change so that each terrace would have a view. (Exhibit I at p. 4.)

12. There was substantial opposition by the Felicidad neighbors against the Landmark -3-
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development. After much discussion with the representatives from Landmark:, Landmark agreed to include in their proposed development CC&Rs that would only permit single story houses to be built on lots facing Delicada specifically so that the views from homes on adjacent tracts would not be obstructed. The houses on Felicidad are the adjacent tract.

13. Eventually, Landmark Financial Group lost its option to develop the property and it was taken up by Richard B. Smith, Co which became Broadmoor Homes, Inc. and acquired the option. Broadmoor subsequently continued with the plans, originally started by Landmark, to seek approvals for development of the Broadmoor community, which would include approximately 225 homes to be located on tracts 8162 and 8963, downhill from Felicidad.

14. At the Planning Commission Meeting on November 14, 1973, Larry Lizotte, VP of the Richard B. Smith Company, and subsequently Broadmoor, proposed and requested that the City deviate from its standard building code requirements. My husband, Donald, voiced his opposition to the deviations and concurred with the City Engineer that the city code should be adhered to with no deviations.
15 . During the period between late 1973 and 1975, various Broadmoor officials approached residents living on Felicidad to explain their plans to build homes below Felicidad.

16. The Broadmoor officials included: Richard B. Smith (founder), Larry Lizotte (Senior Vice President), Dennis Bickler (Director of Property Acquisition and Assistant Division Manager), S. Reid Gustafson (Vice President and Division Manager), RF. Osgood (Senior Vice President and Secretary), Don Corbin (architect at MoITis & Lohrbach Architects), and John Hazeltine. We emphasized to Broadmoor that our existing ocean and coastal views were extremely valuable and needed to be preserved if they wanted the support of the RM Asso~iates for the development of any new homes.

17. There were several meetings between the Broadmoor officials and the Felicidad homeowners, some of which took place in my home, at 203 Calle Felicidad. Through this series of meetings, many compromises and concessions were made by all parties concerned to the satisfaction of both Broadmoor and the Felicidad homeowners. One such meeting was held on -4-
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November 27, 1973, by Larry Lizotte and RM Associates. (Seep. 6 of the San Clemente Planning Commission Minutes of November 28, 1973, attached as Exhibit 2.)

18. At the Planning Commission Meeting held on November 28, 1973, Mr. Keeler and I represented the Felicidad Homeowners. We were insistent that the height difference between Delicada and Felicidad would be a minimum of 20 ft. Broadmoor agreed to this and that only single level homes would be built on Delicada with a maximum roof height of 17 ft. so as to preserve the views from Felicidad. We asked that these conditions would be imposed on the Broadmoor development even though the Broadmoor developers had previously given us their word. (Exhibit 2 at p. 7.)

19. Consequently, the Planning Commission passed a motion to approve the Broadmoor plan with the added conditions to the approval and to the CC&Rs that:
1) the building pads on Delicada be a minimum of 20 ft. below the pads of the existing homes on Felicidad, and
2) all homes be single story no higher than 17 ft. and at no time can a second story or other structure be added which would exceed the 17 ft. height limit. (Exhibit 2 at p. 7.)

20. I was also present at the December 19, 1973, City Council Meeting. Lany Lizotte presented the revised plan for the development at the public hearing portion of the meeting. Bill Kerns addressed the Council apprising them that RM Associates had spoken with the Broadmoor officials and had requested the following before allowing Broadmoor to build:
1) That the first row of houses which are on Delicada be at least 20 ft. below the pads of the houses on Felicidad, and that their roof height is limited to 17 ft~ 2) That the CC&Rs include a statement that the houses on Delicada cannot add to the height of those buildings
3) That the size of the houses would be larger than 1720 sq. ft. (See pp. 1-2 of the San Clemente City Council Minutes ofDecember 19, 1973, attached hereto as Exhibit 3.)
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21. I also addressed the council on behalf of the RM Associates. Given the abovementioned concessions, I spoke in support of the variances requested by Mr. Lizotte of Broadmoor. Mr. Lizotte confirmed for the public record that the three abovementioned requirements that would be imposed by the City as a condition of approval of the subdivision would also be included in the CC&Rs. The Council then unanimously approved the Broadmoor plans subject to the conditions requested by the RM Associates. As far as the RM Associates were concerned the inclusion of the height limitations would preserve the Felicidad views. (Exhibit 3 at pp. 1-2.)

22. Concerned for their view, the Felicidad neighbors were worried that the houses planned for Delicada may have been taller than the 17 foot restriction called for in the CC&Rs.

Consequently, I wrote a letter dated November 13, 1974, to Mr. Dick Ahlman, Director of Planning for the City, requesting that an onsite physical inspection be made of homes to confirm conformance with the CC&Rs. I emphasized in the letter that the 17 ft. height restriction was a major provision that we had worked hard to have included in the CC&Rs and that we wanted to make sure that this limitation was actually being observed. The letter was co-signed by many of our Felicidad neighbors. Mr. Ahlman responded confirming that an onsite inspection was conducted on the models homes and they were all found to be 17 ft. high or a little less.

23. Still concerned for our views, we requested that an additional model be measured which appeared to be taller than the others. I wrote a second letter to Mr. Ahlman, dated February 11, 197 5, to physically measure model 1 A I was present, along with two neighbors at the site inspection and measurement of the model in question. The measurements were 17 feet 1 inch or less. We considered this within the tolerance of compliance with conditions imposed by th~ City Council and the CC&Rs. Attached hereto as Exhibit 4 is a true and correct copy of the correspondence dated November 13, 1974, to Mr. Ahlman, Planning Director, City of San Clemente.

24. I was present at the January 7, 1976, City Council meeting where the tract map for Tract 8963, (the Delicada Tract) was approved. As I was specifically concerned about the views -6-
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from Felicidad, I asked for assurances that certain provisions in the final tract map be included in the CC&Rs when recoded with the County so the City would not be faced with important elements omitted from the documents as had happened in other situations. As the Felicidad neighbors were relying on the conditions of approval of the tract map and the CC&Rs to protect their views in perpetuity. These conditions included the single story, 17 ft. height restriction on structures and 17 ft. height restriction on trees, bushes and shrubs. (Seep. 7 of the San Clemente City Council Minutes of January 7, 1976, attached hereto as Exhibit 5.)

25. At that meeting, Mr. Lizotte, representing Broadmoor Homes. Inc. stated that all the restrictions for the tract, planting and maintenance were reflected in their plans and would be included in the CC&Rs and recorded with the County. Furthermore, the City Attorney commented that he was setting up a procedure to ensure that the CC&Rs were reviewed to make sure all the various items were included therein before recording. Following discussion, the City Council unanimously approved the final tract map for tract 8963. (Exhibit 5 at p. 7.)

26. Subsequently, on January 16, 1976, BroadmoorHomes, Inc., submitted its

SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS for Tract 8963 ("SUPPLEMENTARY DECLARATION'), for the 19 Lots on Delicada. This document was recorded with the County of Orange, California, in early February, 1976. The folJowing section below is included (Exhibit 6 at p.2) :

Section 3. No building, structure, improvement or addition (excluding chimneys and roof vents) shalB be constructed, erected, altered, placed or permitted to n·emain on any portion of the Property which exceeds one story in height with a maximum height of 17 feet.

No tree, bush or shrub slmJII be pBacedl or maintained upon (n) any Lot described in E;hibit '6A", attached hereto am! 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.

27. We were told by the City and Broadmoorthat the abovementioned SUPPLEMENT ARY DECLARATION, in addition to the condition of approval limiting the heights of all plants and building, would be sufficient to protect the views from Felicidad in -7-
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perpetuity as the limit of the structures and landscape was set at 17 feet.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on October 4:> , 2020, at San Marcos, California. .- .
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DECLARA110N OF SALJLY A. SARGENT
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20J Catie feticid.a.d
San Cia,ente, CA 92072
fJoue,!b~r 1:;~ 1974
f1Iro Diel;. AhKTiU4"'lt .Planru:Fl9 Di.f'::ctor
City of San Ct :ilente
City flail
zoo Auenida Preeidio
San C:hrne.nte8 CA 926'72
;;~, the und ~ igned, ere r~~estin th::!t an on- ite p •sicat inspection be 11ad~ of the ho es in the a v~ trnet to .. ke sure hat they are, in fact, con/o in. tot .e 1? f, t hei~ t l' itation placed c-n an ho.: cs in the tract hen it un_ gro.nted. final appl"Oua1 by th.!. ity ccu.rteil. rsee Scct!cn 2~, _ 15 ot the re¢ r ~dCC&.q•~ for. this tra..: t.)
fie /eel justified in ~.aking this request ince o pr~!t~·Mry e~surern~r.t by a staff memb~r £n the planning depart~ent ind·cat .d that at lmst one of the actual building p_lans on ile 2 xce d tr.c 17 foot h~iaht limit.
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The fact that =king this r quest !10.s already r:ientioned to Larry Lizotte, Yiee PNS dent of o,:t us uerba Uy th!Jt if I.las found to ~:ceeed t
it ~utd !le 11no f)robt aoer the roof_ t~ b!"tng
We witL oopreciate it if ou ruitt ~En itt~n pot on yolT findings f the actool heights oj _ ch oft J plans (inet i,_ the oorious exterior rfasigns of each plan, e ~! wr..i(!h ; v higher r·dgeHne nan othua) to .":'aroliru? K ~ter1 ,;2 Cc.He Fel ici d in San " te Site will, ir.. .t.rn, di~tr·bute this 1,.~on:.ation to ali of the der ·gned parti~s. rour coopercti<ui in ti:is tter u;itt he ted a ... thi
a mjor prouisfon we 1DOrkeo ro.rd. to _ ri,e 1?Clt:1 uii to nahe sure that th 1? foot h~i9ht li itotior. is actoolly being ob --- cc: Lcrry Lt2otte
Tony Di Giovanni
Pat Lane
Cfmrt~s Po,:
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November 131 1974 D ii.cit 1lhl111an
Re~ Tract No. B597 Br-oadmoor Hemes ~ 11clditional Signatures -2-
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Mr. & Mno Donald~. Sargent et i1
e/o Karoline Koester
321 Calle Felicidad Re: Ttnad: No . 85f7
San Cl eroente, tao BYO d er Hfi~s
Dsr Mr. .___------'----' & ____ ::_
-~_________.In wer to your letter of Nft10,dftlt1t.DJ' 13, at 1ch t1 you requested an on-site phy 1ca1 inspection be aede of the hates t the Broadmoor Tract to dete e confo nc w1th the 17 ft. height 11arlta• tf on placed on all 1n thts devel t 1 please be dv1sed that an inspection was de on Decser 5. 1974, of those d ls '9hich b ve the greatest height 1n tbe1r elevations. t speet1ons ere de of mdel 2c, 3B and 3C located at 101 Aven1d Pres1d1o, 623 cane i el and 613 Calle Miguel, and the1r heights wen, respi!Ct ve y. 16 1 1•, 11 10• and 16'11".

Enclosed re topies of a p1@t plan and construction sequence schedu1eo further identifying these properties.
14t il meet1vig 1th the arcMtaetD e i.1e ~ advised th t the. el vathms oo our approved 3111ns are not to scftllll.
ff Y@\ll have fiY fVAtrt.heir questickl «m tMs natter o please dvise me .
l:iTA:pt
cc: C1 ty Mtiiage-r
L rr.v U zotte
CcYnci1 . . Di G1ov nni
Counenman L rit
Counci lmin Fox
Ril~hard 'f a Ahlm~o Director
Dmpto of Building & Planning
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Hro RlcJw.rd T. Ahl.man, Dfrqc t or
Dept .. of Building & P!ami"9
Ci t y of S® Ct. ente
lOO ~1uenida PrEsidio
San C tement E1 C 92672
203 Ca LLe i'et te idad
San Cl e:;;Qnte~ CA 92672
Febrl:tlry 11, 1975
Re: H~us H~i ghts in Tract 6597
Braadmoor Heme
Dear Hr. Ahlr.:an:
""' r your le
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C! "' r T
h
tJ-..at l!'leo
a 1 ty apprec (
t ent end n
oo r.:QO.t:,u-~d
a• io • I[ t •
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fl.TS. Sally S1rgent, et al
203 Calle F~licidad
San C1emcnte 1 Ca.
your 1ettc·r of Febr <1rtmerit
sicilll rr~ "u Gr<itiihovr
RTA:pc
cc: Councilman Pat Lane
~'1U~St, \Ti pres~nA~ Of
la~i~ ~r~a.
ictivi::ly, 17'1/•l'"
·11 e roo
Very tru l.ll yours•
Richa!"'d T. 1-\lllman. Di ri:ctor
Dept. of Building r~ Planning
Counci1ma~ Charles rox
Councilman Antflony Di Gi ovamrl
Larry Lizotte
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lllECLARA TION OF ALAN JAY RICE
I, Alan Jay Rice, make the following statements based on my own personal knowledge of the facts and circumstances stated herein:

1. I am a long-time resident of the City of San Clemente. I have lived in my home, located at 301 Calle Felicidad, San Clemente, since 1968.

3. In the early 1970s, there was no development on the land located below Calle Felicidad, where the Broadmoor community is now located. This land was previously an old landslide complex with coyotes, deer and other wildlife wandering over the open brush and hills.

4. Because there was no development downhill, the homes on Calle Felicidad had an unobstructed, clear view of the ocean and coastline, including scenic views of the Dana Point Harbor and Catalina Island.

5. Shortly after I purchased my home, Landmark Financial Group wanted to build two-story single-family residential homes on tracts located downhill from Calle Felicidad.

6. A group of neighbors on Calle Felicidad that were concerned with protecting the existing community from ill-planned developed formed a group known as the "Rancho Margarita Associates". The group's objective was to prevent any negative impacts of new development on their existing community.

7. The Rancho Margarita Associates group became well known to City officials and included approximately 65 members, including myself, Susan P. Rice, William Kerns, Fred • • Keeler, Frank and Maryanne Dreher, Richard and Karoline Koester, Bob and Jody Dilworth, Bob and Joan Kahrs, and Donald and Sally Sargent

8. Our group of neighbors organized to file petitions and comment letters with the Planning Commission and City Council in order to express our concerns about development of the downhill tract.
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1 9. Eventually, Landmark Financial Group lost its option to develop the property and 2 Broadmoor acquired the option. Broadmoor subsequently began plans to seek approvals for ,3 development of the Broadmoor community, \.Vhich would iI1clude 225 homes to be located on 4 tracts downhill from Calle Felicidad.
5 10. I personally attended many Planning Commission and City Council meetings 6 where City officials considered approvals for the Broadmoor community. 7 11. During the period between late 1973 and early 197 4, various. Broad.moor affic,ials 8 tactfully approached every resident living on Calle Felicidad to explain their plans to build 9 homes below Calle Felicidad.
10 12. The Broadmoor representatives included: Richard B. Smith (founder), Larry 11 Lizotte (Senior Vice President), Dennis Bickler (Director of Property Acquisition and Assistant 12 Division Manager), S. Reid Gustafson (Vice President and Division Manager), RF. Osgood 13 (Senior Vice President and Secretaiy), Don Corbin (architect at Morris & Lobrbach Architects), 14 and John Hazeltine.
15 13. Broadmoor knew that it needed our support in order to get the City's approval for 16 the Calle Delicada homes. There were several meetings between the Broadmoor officials and 17 the Calle Felicidad homeowners, many of which took place in our homes. Through this series of 18 meetings, many compromises were made to the satisfaction ofBroadmoor and the Calle 19 Felicidad residents.
20 14. We emphasized to Broadmoor that our existing ocean and coastal views were 21 extremely valuable and needed to be preserved if any new homes were to be built. 22 15. One of the issues Broadmoor encountered was the narrow sizes of the proposed 23 Calle Delicada lots. The dimensions of Broadmoor's original plans did not comply with the· 24 City's Code requirements.
25 16. Broadmoor sought a solution to the insufficient lot sizes on Calle Delicada by 26 asking individual homeowners on Calle Felicidad to give up a portion of the hillside slopes on 27 their properties, so that depth could be added to the Calle Delicada lots. This was to be 28 accomplished by re-grading the slopes belonging to the Calle Felicidad Homeowners. -2-
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17. Broadmoor also sought to gain additional area for the lots by asking the Calle Felicidad homeowners to agree that a sidewalk that was supposed to be developed on Calle Delicada could be eliminated.

18. City staff did not support deleting the required sidewalk between Calle Felicidad and Calle Delicada.

19. Many of the Calle Felicidad homeowners submitted a petition to the City Council 7 Lh.l\t allowed this sidewall, to. be eJ1rn.inate.d. so Brmtdmo.or could g~.i 11. .. the land re.g.uire£l to develop 8 the 19 additional lots on Calle Delicada. The City agreed to allow the deletion in response to the 9 Calle Felicidad homeowners' request.
10 20. In return, Broadmoor went out of their way to assure Calle Felicidad homeowners 11 that our panoramic views would be preserved and protected despite the construction of the new 12 downhill homes. We were repeatedly assured by Broadmoor that our views would not be 13 obstructed or compromised in any way by the development of the Calle Delicada properties. 14 21 . During the meetings with Broadmoor, the Calle Felicidad residents agreed to the 15 following concessions in favor ofBroadmoor:
16 1. Broadmoor could completely remove our rear slopes by shearing away all of the 17 dirt embankment, thereby creating a 30 foot shear drop from our backyards. This 18 was deemed to be a crucial element necessary to re-compact, solidify, and 19 reconfigure the angle of our backyard slopes. Broadmoor had to do this in order 20 to stabilize potential slippage zones they supposedly detected on our properties 21 prior to cut and fill operations for the homes on Calle Delicada. 22 23
24 11. We agreed to sign waivers for the City to eliminate the construction of a sidewalk at the foot of our slopes on Calle Delicada, which allowed Broadmoor to gain:
land it needed for the new lots to be approved.
25 22. In exchange for the concessions granted by the Calle Felicidad homeowners, there 26 were two primary concessions granted and guaranteed by the Broadmoor officials:
27 1. There would never be any two-story homes built in the Broadmoor community that 28 would interfere with the views of any Calle Felicidad resident.

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23. Broadmoor entered into agreements with myself and other homeowners who provided authorization for Broadmoor to regrade our individual slope areas. This would allow Broadmoor to have additional area for the proposed lo.ts an Calle Delica1.fa bec.ause the work involved reconfiguring our existing slope into a steeper angle with a more abbreviated top.

24. I entered into the attached agreement to authorize grading with Broadmoor on February 16, 1974.

25. The process to regrade our slopes was a significant unde11aking that involved heavy earthmoving equipment and extensive construction work in our back yards. I took pictures to show the extent of the grading work, attached hereto.

26. In exchange for our cooperation, Broadmoor agreed that the height restrictions that were meant to protect our views would be included in a recorded declaration of covenants, conditions and restrictions (CC&Rs) that would be recorded against each of the 19 homes on Calle Delicada.

27. The City knew about, and was involved in, negotiations between Broadmoor and the Calle Felicidad homeowners, that resulted in Broadmoor' s agreement to include a height limitation on the Calle Delicada homes. The City also imposed the height limitation as a condition of approval in connection with its approval of the Calle Delicada homes.

28. The restriction was intentionally included in the CC&Rs by Broadmoor as an additional assurance to Calle Felicidad residents that all trees would be maintained not to exceed 17 feet and any violations would be enforced by the Association created by Broadmoor.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

DECLARATION OF ALAN JAYIDCE 170
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Executed on May~ 2020, at San Clemente, California.
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28 DECLARA TllUN OJF ALAN JAY RICE 171
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BROADMOOR I-IOMES9 INC.
17802 !rvineB!vd u Tustin.Calif.92680 a (714)544-4230
t1arch 6, 1974
Mr. & :Mrs. Alan J. Rice
301 Calle Felicidad
San Clemente , California 92672
Reference ; Easement and Authorization to Perform Grading Lot 114, Tract 5655
Dear Mr. 6, r1rs . Rice :

First of all I would lik e to take this opportunity to express my appreciation and thanks fo,; your hosp i t ality dm•iug my visit to your home, and for _our cooperation in this matter.

You wi.11 be not ified of Broadmoor Homes ~ Inc . 's grading schedule pertaining to start of grading date for the lwerall project, as well as the grading of your individual rear slope area.

Please find attached a copy for your records of the fully executed Easement: and Authorization to Perform Grading for your lot.

Should you have any questions pertaini g to the grading or any other phase of the project , please feel free to call me at your convenience.

Cordially,
BROAD?!OOR HOMES , Hi'C.

Dennis H. Bickler
Assistant Division Manager
mm :e,.,
Enclosure
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EASEMENT AND AUTITORIZATION TO PERFORM GRADING
The undersigned, as the owners of the fee simple title to Lot-=----=--= in Tract 5655 in the County of Ora nge, State of Californin , for a good and valuable consideration, do hereby grant and convey to Broadrnoor Homes, Inc., a California corporation. the following:

1. An easement to go on, across and over that portion
of said lot which shall be necessary to perform the grading services referred to hereinafter.
2o The right to grade that portion of said lot which is in the shaded area shown on Exhibit "A11 which is attached hereto and incorporated herein by referenceo
Said easement and right to grade said propert y is granted and conveyed subject t.o the fo llowi ng t erms and cond itions:

1. Said easemen t and authorization a.:e .1ereby granted for a period of t wo {2) years from t he date o f e:ecution of this document , or at such time as Broadmoor Homes, In. shall complete the said grading, whichever event shall first occur.

2. Broadmoor Hornes, Inc. zhall complete said grading in accordance with the applicable grading ordinanc e or ordinances of the City of San Clemente , and pursuant to such p l a,is and s pecifications as shall be pr0pared and/or approved b y a competent., reliable and reputable registered civil engineer, soils engineer, geologist, and the Engineering Department of t.he City of San Clemente.

3. No later than ni~ety (9 0) day s subsequent to the
grading of the said area as shown on Exhibit "A", Broadmoor Hornes, Inc. shall instilll landscaping on the resulting slope bank area, and Broadrnoor Homes, Inca for thirty (30) days after said installation shall, at its own expense, fully maintain said landscaping.

4. The materials to be used in said landscaping s hall be crocium ice plant cuttings and six acacia bushesv evenl y spa ced.

So By the execution of this document., the undersign ed do not in any way, manner or form t·1aive any right they , or either of them, may have to maintain a claim against Broadmoor Homes, Inc. for any damage which the undersigned may sustain by reason of the grading and landscaping to be so performed by Broadmoor Homes, Inc.

6. lilo expense shall be incurred by the undersigned in conjunction with the grading and landscaping referred to hereinbefore.

7. This easement and authorization is and shall be binding upon the heirs, personal representative and grantees of the undersigned.

DATED:

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Wife
Dennis Bickler 173
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l!JJECLARA TION OF SUSAN P. RICE
I, Susan P. Rice, make the following statements based on my own personal knowledge of the facts and circumstances stated herein:

1. I am a long-time resident of the City of San Clemente. Beginning in 1968, I lived in a home located at 301 Calle Felicidad, San Clemente, with my then-husband, Alan Jay Rice.

2. The Pacesetter Development Company was the developer that built my home as part of the residential development in the City known as Rancho Margarita. The completed Rancho Margarita homes were terraced at 20-foot intervals on a hillside overlooking the 9 coastline.
10 3. In the early 1970s, there was no development on the land located below Calle 11 Felicidad, where the Broadmoor community is now located. This land was previously an old 12 landslide complex with coyotes, deer and other wildlife wandering over the open brush and hills. 13 4. Because there was no development downhill, the homes on Calle Felicidad had an 14 unobstructed, clear view of the ocean and coastline, including scenic views of the Dana Point 15 Harbor and Catalina Island.
16 5. Shortly after my husband and I purchased our home, Landmark Financial Group 17 wanted to build two-story single-family residential homes on tracts located downhill from Calle 18 Felicidad.
19 6. A group of neighbors on Calle Felicidad that were concerned with protecting the 20 existing community from ill-planned developed formed a group known as the "Rancho Margarita 21 Associates". The group's objective was to prevent any negative impacts of new development on 22 their existing community.
23 7. The Rancho Margarita Associates group became well known to City officials-and 24 included approximately 65 members, including myself, Alan Jay Rice, William Kerns, Fred 25 Keeler, Frank and Maryanne Dreher, Richard and Karoline Koester, Bob and Jody Dilworth, 26 Bob and Joan Kahrs, and Donald and Sally Sargent.
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DECLARA 'fION OF SUSAN P. RICE 176
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1 8. Our group of neighbors organized to file petitions and comment letters with the 2 Planning Commission and City Council in order to express our concerns about development of 3 the downhill tract.
4 9. Eventually, Landmark Financial Group lost its option to develop the property and 5 Broadmoor acquired the option. Broadmoor subsequently began plans to seek approvals for 6 development of the Broadmoor community, which would include 225 homes to be located on 7 tracts downhill from Calle Felicidad.
8 10. I personally attended many Planning Cornn1ission and City Council meetings 9 where City officials considered approvals for the Broadmoor community. 10 11. During the period between late 1973 and early 1974, various Broadmoor officials 11 tactfully approached every resident living on Calle Felicidad to explain their plans to build 12 homes below Calle Fehcidad.
13 12. The Broadmoor representatives included: Richard B. Smith (founder), Larry . 14 Lizotte (Senior Vice President), Dennis Bickler (Director of Property Acquisition and Assistant 15 Division Manager), S. Reid Gustafson (Vice President and Division Manager), RF. Osgood 16 (Senior Vice President and Secretary), Don Corbin (architect at Morris & Lohrbach Architects), 17 and John Hazeltine.
18 13 . Broadmoor knew that it needed our supp01t in order to get the City's approval for 19 the Calle Delicada homes. There were several meetings between the Broadmoor officials and 20 the Calle Felicidad homeowners, many of which took place in our homes. Through this series of 21 meetings, many compromises were made to the satisfaction of Broadmoor and the Calle 22 Felicidad residents.
23 14. We emphasized to Broadmoor that our existing ocean and coastal views were·· 24 extremely valuable and needed to be preserved if any new homes were to be built. 25 15. One of the issues Broadmoor encountered was the narrow sizes of the proposed 26 Calle Delicada lots. The dimensions ofBroadmoor's original plans did not comply with the 27 City's Code requirements.
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16. Broadmoor sought a solution to the insufficient lot sizes on Calle Delicada by asking individual homeowners on Calle Felicidad to give up a portion of the hillside slopes on their properties, so that depth could be added to the Calle Delicada lots. This was to be accomplished by re-grading the slopes belonging to the Calle Felicidad Homeowners.

17. Broadmoor also sought to gain additional arna for the lots by asking the Calle Felicidad homeowners to agree that a sidewalk that was supposed to be developed on Calle Delicada could be eliminated.

18. City staff did not support deleting the required sidewalk between Calle Felicidad and Calle Delicada.

19. Many of the Calle Felicidad homeowners submitted a petition to the City Council that allowed this sidewalk to be eliminated so Broadmoor could gain the land required to develop the 19 additional lots on Calle Delicada. The City agreed to allow the deletion in response to the Calle Felicidad homeowners' request.

20. In return, Broadmoor went out of their way to assure Calle Felicidad homeowners that our panoramic views would be preserved and protected despite the construction of the new downhill homes. We were repeatedly assw-ed by Broad.moor that our views would not be obstructed or compromised in any way by the development of the Calle Delicada prope1ties.

21. During the meetings with Broadmoor, the Calle Felicidad residents agreed to the following concessions in favor ofBroadmoor:

1. Broadmoor could completely remove our rear slopes by shearing away all of the dirt embankment, thereby creating a 30 foot shear drop from our backyards. This was deemed to be a crucial element necessary to re-compact, solidify, and reconfigure the angle of our backyard slopes. Broadmoor had to do this in order to stabilize potential slippage zones they supposedly detected on our properties prior to cut and fill operations for the homes on Calle Delicada.

11. We agreed to sign waivers for the City to eliminate the construction of a sidewalk at the foot of our slopes on Calle Delicada, which allowed Broadmoor to gain land it needed for the new lots to be approved.

DECLARATION OF SUSAN lP. RICE 178
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1 22. In exchange for the concessions granted by the C.alle Felicidad homeowners, there 2 were two primary concessions granted and guaranteed by the Broadmoor officials:
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1. There would never be any two~story homes built in the Braud.moor community that would interfere with the views of any Calle Felicidad resident.

11. There would never be any tree, bush, or other landscaping, or any structure which would block or inhibit the existing views of the Calle Felicidad residents. Any 7 potential impediment would be limited to a maximum height of 17 feet on Calle 8 Delicada - with no exceptions.
9 23. Broadmoor entered into agreements with myself and other homeowners who 10 provided authorization for Broadmoor to regrade our individual slope areas. This would allow 11 Broadmoor to have additional area for the proposed lots on Calle Delicada because the work 12 involved reconfiguring our existing slope into a steeper angle with a more abbreviated top. 13 24. I entered into the attached agreement to authorize grading with Broadmoor on 14 February 16, 1974.
15 25. The process to regrade our slopes was a significant undertaking that involved 16 heavy eai1hmoving equipment and extensive construction work in our back yards. I took 17 pictures to show the extent of the grading work, attached hereto. 18 26. In exchange for our cooperation, Broadmoor agreed that the height restrictions 19 that were meant to protect our views would be included in a recorded declaration of covenants, 20 conditions and restrictions (CC&Rs) that would be recorded against each of the 19 homes on 21 Calle Delicada.
22 27. The City knew about, and was involved in, negotiations between Broadmoor and 23 the Calle Felicidad homeowners, that resulted in Broadmoor's agreement to include a height'. 24 limitation on the Calle Delicada homes. The City also imposed the height limitation as a 25 condition of approval in connection with its approval of the Calle Delicada homes. 26 28. The restriction was intentionally included in the CC&Rs by Broadmoor as an 27 additional assurance to Calle Felicidad residents that all trees would be maintained not to exceed 28 17 feet and any violations would be enforced by the Association created by Broadmoor. lD>ECILARA TIION OF SUSAN P. filCE 179
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I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on .May l <t:i , 2020, at San Clemente, California. s ~/1 /~
Susan P. Rice
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lllECLARA1'ION OF SUSAN IP'. RICE 180
ATTACHMENT 5
73 EXHIBIT E
8296
,. Jackson Tit us
July 16, 2018 949.851.7647
[email protected]
Irvine Office
9630.126109
VIA EMAIL ([email protected])
Scott C. Smith, Esq.

Best Best & Krieger
18101 Von Kannan Ave., Suite lO0O
Irvine, CA 92612
Re: Broadmoor San Clemente Community Association and Calle Delicada - Tract No. 8963
Hi Scott:

It was a pleasure meeting you on Friday to discuss the potential dispute between the Broadmoor San Clemente Community Association ("Broadmoor Association") and certain owners of homes locate.d on Calle Delicada ("Delicada Homeowners"), on the one hand, and individual homeowners of property located on Calle Felicidad (''Felicidad Homeowners"), on the other hand. This Jetter summarizes the facts we discussed earlier that ]ed to the current dispute.

For your ease of reference, the package of documents we provided you on F1iday is also attached to this letter.

By way of background, Calle Felicidad and Ca1le Delicada are adjacent streets located within the City of San Clemente ("City"). (See, Attachment 1.) The lots on Calle Felicidad were constructed first, as part of the City's approval of Tract No. 8162. After the homes on Calle Felicidad were completed, Broadmoor Homes, Inc. ("Developer") began developing the Broadmoor community, located on tracts downhill from Calle Felicidad. Calle Felicidad is not included within the Broadrnoor development and is not governed by the Broadmoor Association.

As Broadmoor's development proceeded uphill towards Calle Felicidad, the Developer proposed to construct 19 homes on Calle Delicada, as pa.it of the final phase of the Broadmoor development project. However, the Developer could not construct the homes because the lots were not large enough to accommodate the 19 homes. The City would not approve this final part of the Broadmoor development, unless the Developer could find a way to add more area to each of the pads.

The Developer came up with a solution to add more depth to each of the lots - but it would require concessions from the Felicidad Homeowners. As part of the Broadmoor development, there was supposed to be a sidewaUc. uphill from Calle Deli-eada, along Calle Felicidad. By removing this sidewalk and taking ai·ea from the Felicidad Homeowners' slopes, the Developer could gain the land required to develop the 19 homes; otherwise, the City would not grant approval and the homes could not be constructed. Thus, the Developer asked the Irvine Office
2030 Main Street, 12th Floor
Irvine, California 92614
t 949.752.8585 f 949.752.0597
Westlake Village Office
2815 Townsgate Road, Suite 200
Westlake Village, California 9136.1
t 805.230.0023 f 805.230.0087
wwwJacl<sontidus.law
181
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Mr. Scott C. Smith
July 16, 2018
Page2
Felicidad Homeowners to give up a p01tion of their slope area and to agree that the sidewalk was not needed. The Felicidad Homeowners were assured by the Developer and the City that their views would not be obstrncted by the new lots on Ca11e Delicada. The Developer also agreed to enter letter agreements with tbe Felicidad Homeowners for authorization to perform grading on their slopes. The Felicidad Homeowners agreed to Developer's request, understanding that their existing ocean views would be protected by covenants, conditions and restrictions ("CC&Rs") imposed on the new lots, which the City would require to approve the new homes. Specifically. the CC&Rs included a provision limiting the height of the 19 homes to one story, with a maximum height of 17 feet (including landscaping). This height restriction was acknowledged by each of the 19 lot owners, and is enforceable by the Broadmoor Association and the City.

A timeline of the significant events involving approval of the Calle Delicada lots by the City is summarized below:

August 19, 1974 - Developer Records Master Declaration of Covenants, Conditions and Restrictions.

Before seeking approval of the Calle Delicada homes, the Developer recorded a Master Declaration of CC&Rs over certain property within the Broadmoor development community. (See, Attachment 9.) Article XII of the declaration, titled "Powers of City of San Clemente," gives the City the right to exercise any rights and powers granted to the Broadmoor Association under the declaration. As explained below, this master declaration was supplemented to include the 19 lots developed on Calle Delicada.

March 19, 1975 - City Grants Request to Amend Conditions of Approval for Tract No. 8162.

The City would not allow the Calle Delicada lots to be developed unless the pad sizes were larger. In order to add land to the Calle Delicada lots for City approval. the Developer first needed slope concessions from the Felicidad Homeowners. The Felicidad Homeowners agreed that the sidewalk could be elimjnated and their slopes could be regraded, but asked the Developer for reassurance that the 19 homes would not exceed onestory and 17 feet high. After the Developer agreed and entered letter agreements with the Felicidad Homeowners to perform the grading work. 25 Felicidad Homeowners submitted a petition to the City Council requesting deletion of the condition requiring a sidewalk to be installed on Calle Delicada below the Calle Felicidad prope1ties. The City Council granted this request. (See, Attachment 2.)
April 2. 1975 - City Clarifies that Sidewalk Deletion Only Applies to Calle Delicada Following the City Council meeting on March 19, 1975, the Developer requested clarification about the sidewalk deletion. The Developer was under the impression that the sidewalks could be deleted on all streets in the Broadmoor development However, the City clarified that the deletion was only for the sidewalks on the uphill side of Calle Delicada, along Calle Felicidad. (See, Attachment 3.) This deletion on only one street in 182
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Mr. Scott C. Smith
July 16, 2018
Page3
the Broadmoor development was the result of the Felicidad Homeowners' slope concession because removing the sidewalk. and re-grading the slope gave the Developer the land it needed to develop the Calle Delicada homes.

November 13, 1975 - Developer Confirms Broaclmoor Association will Maintain 8-Foot Park.way.

Following the City's deletion of the condition requiring a sidewalk uphill from Calle Delicada, the Developer wrote a letter to the City confirming that landscaping along the 8-foot parkway on the slope side of Calle Delicada would be maintained by the Broadmoor Association. (See, Attachment 4.)
January 7, 1976 - City Approves Final Ma:g for Tract No. 8963.

When the City Council considered approving the final map for the Calle Delicada lots, the Developer represented that all restrictions for the tract were reflected in their plans and would be included in the CC&Rs. These required restrictions included the height ]unit provision that protected the Felicidad Homeowners' views. The City Attorney assured City Council that he was setting up a procedure to ensure that the map's conditions would be included in the CC&Rs before they were recorded. (See, Attachment 5.) The 19 lots on Calle Delicada were approved as part of Tract No. 8963. (See, Attachment 6.)
January 16. 1976-Developer Executes Supplemental CC&Rs for Calle Delicada.

As discussed above, the Developer previously made certain properties within the Broadrnoor community subject to a Master Declaration of Conditions, Covenants and Restrictions, recorded August 19, 1974. (See, Attachment 9.) In order to ensure the 19 lots on Calle Delicacla would also be subject to the CC&Rs, the Developer executed a Supplementary Declaration of Covenants, Conditions and Restrictions, dated January 16, 1976 ("Supplemental CC&Rs"). (See, Attachment 8.) As part of the Calle Delicada approval, the City required the map for Tract No. 8963 and the Supplemental CC&Rs to be recorded on the same day.

The height restriction required by the City to approve the Calle Delicada lots and agreed to by the Developer to protect the Felicidad Homeowners' views is below:
"Section 3. No bujlding, st111cture, improvement or addition (excluding chimneys and roof vents) shall be constructed, erected. altered. placed or permitted to remain on any po1tion of the Property which exceeds one story in height with a maximum height of 17 feet. No tree, bush or slzmb slwll be placed or maintailled upoll (i) any Lot desclibed in Exhibit "A", attaclied hereto aud inc01porated herein by reference, wliiclt exceeds 17 183
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Mr. Scott C. Smith
July 16. 20 I 8
Page4
feet in lieiglit or (ii) upon any other Lot in the Prope1ty which exceeds 20 feet in height."
The owners of the 19 lots acknowledged this limitation. as evidenced by their individual signatures attached to the Supplemental CC&Rs.

February 4. 1976- City Grants Easement for Parkway to Developer.

The City granted an easement to the Developer so it could maintain the 8-foot parkway on Calle Delicada, as previously agreed to by the Developer. (See, Attachment 7.) We understand that certain trees located downhill from Calle Felicidad, on Calle Delicada, have grown higher than 17 feet (in violation of the CC&Rs) and are interfering with the Felicidad Homeowners' views. Since Calle Felicidad is not governed by the CC&Rs, the Broadmoor Association is responsible for curing the violation. yet refuses to do so. The City has exp1icit authority under the CC&Rs to enforce the restriction. Additionally, the City has an enforcement right because it require.d the CC&Rs and the height restriction as part of the Calle Delicada approval.

As the approving body for the Calle Delicada homes and the CC&Rs. we hope the City will take action to remedy the situation so that litigation may be avoided. We appreciate your consideration of this matter and look forward to hearing from you.

Please contact me if you have any questions or would like to discuss.

Best Regards,
Nedda Mahrou
Enclosures
cc: Michael L. Tidus
141'.!761.J
184
ATTACHMENT 6
77 EXHIBIT F
10086
Indian Wells
(760) 568-2611
Los Angeles
(213) 617-8100
Manhattan Beach
(310) 643-8448
Ontario
(909) 989-8584
Scott C. Smith
(949) 263-6561
scott.smith@bbl<law.com
File No. 55452.01400
IMlk
BEST BEST & KRIEGER :':l

ATTORNEYS AT LAW
181 01 Von l<arman Avenue, Suite 1000, Irvine, CA 92612 Phone: (949) 263-2600 I Fax: (949) 260-0972 I www.bbklaw.com November 5, 2018
VIA U.S. MAIL AND ELECTRONIC MAIL
MTidus@j acksontidus.law
[email protected]
Michael Tidus
NeddaMahrou
Jackson Tidus
2030 Main Street, 12th Floor
Irvine, CA 92614
Riverside
(951) 686-1450
Sacramento
(916) 325-4000
San Diego
(619) 525-1300
Walnut Creek
(925) 977-3300
Washington, DC
(202) 785--0600
Re: Broadmoor San Clemente Community Association and Calle Delicada - Tract No. 8963
Dear Mr. Tidus and Ms. Mahrou:

Thank you for the time and background you have provided me and City of San Clemente staff on the issue regarding tree maintenance on Calle Delicada in San Clemente. The facts and background surrounding these issues are as complicated as they are dated, and we appreciate your help in sorting through them and their history.

For the reasons summarized below, we have concluded that the private property owners adjacent to Calle Delicada are responsible for the maintenance and height of the trees on that street.

The City Engineer's staff has reached the conclusion that the street property in question is an easement for public right-of-way, as accepted by the City when first dedicated. The dedication by the developer was an "offer for dedication to the public for street purposes:

Avenida Presidio, Calle Delicada, and Calle Miguel." The City Clerk's statement for acceptance stated that the City "did accept on behalf of the public the offer of dedication for street purposes:

A venida Presidio, Calle Delicada, and Calle Miguel." This acceptance of this offer as written for this tract resulted in the street being held as an easement for right-of-way, and not ownership in fee.

San Clemente Municipal Code Section 12.24.020 provides as follows:
55452.01400\31594172.1
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Michael Tidus
Nedda Mahrou
November 5, 2018
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BEST BEST & KRIEGER:!

ATTORNEYS AT LAW
"The owner of any property fronting on or adjacent to any portion of a street, sidewalk, bikeway, trail or parkway shall perform landscape maintenance on any and all trees, shrubs, hedges and/or ground cover (excluding street trees) on his or her property including any portion of such a tree, shrub, hedge or ground cover which encroaches into the street, sidewalk, bikeway, trail or parkway."
The City interprets this section as requiring owners of property underlying right-of-way easements to properly maintain trees adjacent to City streets. The City will grant to adjacent owners the ability to utilize street right-of-way in order to maintain and trim trees through encroachment and other pennits. Although this usually occurs in the context of hazardous trees, the City has indicated it is willing to provide a similar right of entry to your client in order to assert its rights under the relevant subdivision map to trim adjacent trees to conform to the map conditions. City Engineer Tom Bonigut will be able to assist your client in that regard to tailor a permit to this unique circumstance.

As we have discussed, the City does sometimes retain an interest in CC&Rs and the ability to enforce them; however, as important as this issue is to your clients, the City lacks the resources to use this enforcement authority for any but the most egregious cases posing an extreme and immediate threat to the public health or safety. In this case, consistent with its Citywide approach to trees, facilitating the entry into its right-of-way or providing declarations or documents in a civil matter to correct this problem will be the most the City can do.

SCS:nrw
cc: Tom Bonigut
Cecilia Gallardo-Daly
Erik Sund
James Makshanoff
55452.01400\31594172. l
Sincerely,
Scott C. Smith
of BEST BEST & KRIEGER LLP
City Attorney, City of San Clemente
186
ATTACHMENT 7
79 EXHIBIT G
10288
Ja kson Tidu -,---j l - ....
- L. ,-, I l - - j ... -
May 17, 2021 949.851.7424
[email protected]
Irvine Office
9797 .126697

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED & OVERNIGHT MAIL Mayor Kathleen Ward and
Honorable City Council Members
c/o City Clerk, Joanne Baade
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Re: Broadmoor San Clemente Community Association and Calle Delicada - Tract No. 8963
Dear Mayor Ward and City Council Members:

This firm represents Paul Buck, the owner of a home on Calle Felicidad in the City of San Clemente ("City"). This Tort Claim Letter is sent on behalf of Mr. Buck and his neighbors listed on Exhibit 1. All of these Claimants are citizens of the City who are adversely, and continuously, impacted by Jhe City's failure to enforce a valid height restriction imposed by the City as a Condition of Approval in 1976 on their neighbors' properties as identified below.

As the City Council may be aware :from our correspondence and meeting with the City Attorney, Scott Smith, and staff in July and October 2018, Claimants are involved in a dispute concerning the failure of their neighbors located on Calle Delicada, to comply with a height restriction that was imposed by the City as a Condition of Approval for the development of the 19 houses on Calle Delicada in 1976. We appreciate the City's prior acknowledgement of this situation, and its statement of willingness to provide a right of entry to the common area of the Broadmoor San Clemente Community Association ("Broadmoor HOA") along Calle Delicada for tree trimming purposes. However, this does nothing to enforce the Condition of Approval with respect to tree-height limits that the City specifically imposed on the Calle Delicada homeowners' properties.

On July 16, 2018, we sent a letter to your staff outlining the issues as we understood them at that time. That July 16th letter is attached hereto as Exhibit 2, and a copy of your Staff's response dated November 5, 2018, is attached as Exhibit 3. Since that time, we have learned that the documents that the City originally provided to us were substantially incomplete. After requesting and obtaining additional documents, we have confirmed that the City actually agreed to enforce the height restriction for the benefit of the Calle Felicidad homeowners. As a result, it is not enough that the City merely confirm that the height restriction exists; it is required to Irvine Office
2030 Main Street, 12th Floor
Irvine, California 92614
t 949.752.8585 f 949.752.0597
Westlake Village Office
2815 Townsgate Roac;I, Suite 200
Westlake Village, California 91361
t 805.230.0023 f 805.230.0087
wwwJacksontidus.law
187
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City Clerk
City of San Clemente
May 17, 2021
Page2
enforce that restriction. Furthermore, we believe that the City has not been forthcoming with all its documents, including correspondence between the City and Broadmoor Homes, Inc. ("Broadmoor"), and the Broadmoor HOA that would be relevant to this situation. We have received some City originated documents which were not provided by the City when Claimants originally requested them.

This Claim seeks to have the City enforce the agreed upon 17-foot height restriction it imposed as a Condition of Approval and had recorded in the CC&Rs of the 19 properties located on Calle Delicada. This Condition of Approval was based on consideration and concessions negotiated by and between the Calle Felicidad neighbors, Broadmoor Homes, Inc., and the City, so as to permit the development of the 19 houses on Calle Delicada. That Condition of Approval, inter alia, required that a Supplementary Declaration of Covenants, Conditions and Restrictions be recorded and acknowledged by Broadmoor Homes and the owners of the 19 properties on Calle Delicada. That Covenant was dated January 16, 1976, and recorded in early February, 1976, against those 19 properties.

Brief Background
Calle Felicidad ("Felicidad") and Calle Delicada ("Delicada") are adjacent streets located within the City, with Delicada being downhill from Felicidad. The homes on Delicada were developed by Broadmoor, about ten years after the homes on Felicidad as part of a 225-unit development known as the Broadmoor Community. The Broadmoor Community is located on Tracts Nos. 8162 and 8963, and is governed by a homeowners' association and a set of covenants, conditions and restrictions ("CC&Rs"). Tract 8963 has a Supplementary Declaration of CC&Rs specific to the 19 homes on Delicada.

As development of the Broadmoor Community proceeded uphill towards FeHcidad, Broadmoor proposed 19 homes be built on Delicada, Tract No. 8963, the last and highest undeveloped street in the Broadmoor Community. Broad.moor discovered, however, that it could not build the proposed 19 additional homes because under the City Code it had insufficient land to build the required street and sidewalks. The City would not approve the final phase of the Broadmoor development unless Broadrnoor developed a solution to add more depth to the lots.

Broadrnoor thereafter worked with homeowners on Felicidad and obtained certain consideration and concessions, including the removal of the east sidewalk along Delicada, and a re-grading into the hillside of homes on Felicidad. Essentially, the re-grading, which was a major undertaking, steepened the backyard slopes of the Felicidad homeowners in order to obtain a· larger, flatter building pad for the then proposed Delicada homes. Consequently, Broadmoor obtained City approval for construction of the Delicada homes. These Felicidad homeowners included, among others, Allan and Susan Rice, and Donald and Sally Sargent. The Sargents were the prior owners of Mr. Buck's home on 203 Calle Felicidad. One of the Broad.moor representatives was Larry Lizotte, then a Senior Vice President for Broadmoor.

Before and during Broadmoor's development activities, the Felicidad and other affected neighbors, numbering about 250 individuals, formed an action committee, The Rancho Margarita 188
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Associates, to petition and negotiate with the City and Broadmoor. For the Felicidad homeowners, protecting their existing ocean and coastal views was paramount in their negotiations with Broadmoor. Eventually, the Felicidad homeowners and the Rancho Margarita Associates, and Broadmoor and the City developed a solution. This ultimately led to the City's approval of the development of the 19 DeJicada prope1ties. Both the City and Broad.moor provided assurances that a 17-foot height limit would be imposed on the Delicada properties for the benefit of the uphill homeowners on Felicidad. Consequently, these height protections became part of the City's enforceable Conditions of Approval and were also memorialized as part of the CC&Rs as required by the City.

These assurances and understanding were confirmed during the January 7, 1976, Council meeting of the City of San Clemente, attended by Ms. Sargent (Felicidad neighbor on behalf of the Rancho Margarita Associates), and Mr. Lizotte (Vice President of Broadmoor Homes):

The City .En~illce1r c.~'te4! t:Mlt s.i:aee !:he ismi~ iID Sa,.e.T i.:!lTl:'<VeUeut: Di!:ittict No. 8-1'.3 has been finsll.:ed he 'r!Unld rec..;o::and up;,roval. of the final c.1p or :r1\!Ct N'1.. 8963,
Sill] ly S.<irg&ne ?..sl au f or ~ei-u~c.c ciu:it i:c.:i:tain ~Ti.n.'itdcnEI- i11. the. final map .,;ppzoval ?equi~iDg v:rriou.s re.s.t~1cd.cms be c~ctain:ed in the CC~~1s when re~ordcd with the, CQIIDl"Y ~o th Ci.'l.y w,oul·li not be f~~ed ;,,-ith ~.tlttmtt;. elE!lneab om:t.t(U) fr-o~ th~_ do~u:::ent as h.ai;ipen~d. in .ino'th~r ro't,mt.ion. l..i.i:ey 'Lb.O:t.ta, rep;:-esiauthlg B't'-~IJG~ ~:!!.es,. Ill~.~ statI!.tl that all ~~t.r1e~i<in~ far thll tra.i:t,. the plall.ti-J.tg &"id ~-ter1zu:e of: :th~ -pa1d~-W~f :mcl t.ha appli-catfon. 'Of t he hill!iide gra&g Ordinan~ .. ~e ren~ctecl i::i their -plans .and would be i.uclucied in the CCE.R' s =d recorded W'l.t.h 11:li.e <:ount.y.
-::he -City At.&tn:cay ccr.c:2uted mat h~ is .u::t:c.mptbg to -set up so.:ie .. ort: of ope.rntin& pr..i~d-i..re nt stat.t J.eve.L to- lr'i;.\fi-e\Y ·t:!Je:.ec C:C&.'l.' s t:o m::. -e .suTCQ a!..L tbr:.i vatious i::eo.s al'a incluiled. the-re:l.n br.d:ot:. r~ce1."C!infl.

Folla-~tng. d.i.se:ussiau9 lT \lMi !-!~ &m C(j!filC!.tN~: ro.,. S}:CO:nm::o '&Y com:~ llCL.'MS.,.

M11l l!NP3lll-100Sl.Y CAfliU.El.l tr., n;rp:rove th~ ~ina.1 -ccy ,of Trn~:t :'lo. 8963 b and ~utl10rize the rtayo'l!' and City ClerI,c ~ .recutt?. th.e Suhili-vi.s.ian t.g~~r-..1:.

As a result of the consideration and concessions of Felicidad homeowners and Broadmoor' s concurrence therewith, the City required a height restriction to be recorded that limits trees and other structures to a maximum height of 17 feet. Broadmoor acknowledged this condition of the City, and represented that all the restrictions for the tract, planting and maintenance were reflected in their plans and would be included in the CC&Rs that were recorded with the County. As required by the City, Broadmoor thereafter included the height restriction in the Supplemental CC&Rs submitted on January 16, 1976, and recorded with the County on February 1, 1976, as covenants against the 19 lots on Delicada. The Broadmoor recorded CC&Rs incorporate the height restrictions as follows:
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"Section 3. 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 Propei-ty which exceeds one story in height with a maximum height of 17 feet. No tree, b11sli or sltru.b shall be placed or maintained upon (i) any Lot described in Exlubit "A" [Lots 1-19 of Tract No. 8963}, attaclied hereto and incorporated herein by referenc~ which exceeds 17 feet in height or (ii) upon any other Lot in the Property which exceeds 20 feet in height." Thus, the City has a right under the CC&Rs to not only enforce the height restrictio~ but obtain its attorney fees and costs for doing so.

Since our last communications with the City, we obtained declarations from Mrs.

Sargent, and from Mr. and Mrs. Rice detailing the events involving the approval of the Delicada lots, and more specifically Tract No. 8963, between the years 1973 and 1976. Attached as Exhibit 4 is a copy of the declaration signed by Mrs. Sargent. Similarly, attached as Exhibits 5 and 6 are the declarations from Mr. and Mrs. Rice explaining that Broadmoor assured the Felicidad Homeowners and the City that views would not be obstructed by the proposed new homes on Delicada (See 'l['l[ 14, 20-22, 26-27).

There is no dispute that there exists a height restriction on the Delicada properties.

Nevertheless, the Association and certain homeowners on Delicada have allowed trees on their property to far exceed the 17-foot height limitation, thereby violating the City's Conditions of Approval and their recorded CC&Rs. These actions continue to obstruct the protected views for Felicidad homeowners, interfering with their ability to enjoy their properties. This situation is worsening with the continued growth of the non-compliant trees.

Attached as Exhibits 7 and 8 are the before and after pictures of the view from a couple of the homes on Felicidad, and demonstrates the impediment that the Delicada homeowners are imposing on their uphill neighbors.

The Felicidad homeowners negotiated consideration and concessions which allowed their properties to be altered to enable the development of the Delicada homes. The consideration and concessions were specifically in return for height restrictions so as to preserve their ocean and coastal views. As the Felicidad homes are not part of the Broad.moor HOA, the Broadmoor HOA has therefore determined that they would not enforce the CC&R height restrictions on Delicada which would be for the benefit of the Felicidad homeowners.

Where Does this Stand Now?
Because the City initially said it did not have the money to assist the Felicidad homeowners, Mr. Buck commenced litigation on July 29, 2019. Since filing the lawsuit, several important things have happened.

First, shortly after the filing of a first amended complaint ("F AC"), the defendant homeowner filed a demurrer arguing that Mr. Buck lacked standing to enforce the Broadmoor HOA's CC&Rs. The Court overruled the demurrer on three of the four causes of action finding, 190
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among other things, that an equitable servitude does not require that the property to be benefitted be identified in the deed to be enforced and does not require a written agreement between Plaintiff and Defendants. The Court further found that the F AC adequately alleges that the Broad.moor HOA CC&Rs contained a height restriction specifically for the benefit of the uphill Felicidad Homeowners.

Second, the Parties have commenced initial discovery. In response to written discovery requests, Defendants admitted: their property is subject to the CC&Rs; that they were provided a copy of the CC&Rs when they purchased the home, and that "there are trees on the property exceeding 1 7 feet in height .. "
Third, we obtained documents and learned additional information which confirms the City's involvement and enforcement rights. These documents include, by way of example, declarations from long-time homeowners on Felicidad who were involved with the City when it approved the development on Delicada. See, Declarations of Mrs. Sally Sargent, and Mr. and Mrs. Rice. These declarations detail the events su1Tounding the City's approval of Tract No. 8963 between the years 1973 and 1976. We have also been in contact with Mr. Lizotte who, as noted above, was a Senior Vice President with Broadmoor Homes and was involved in obtaining the City's approval for the Deli cad a homes. Mr. Lizotte has reviewed these declarations, and has confirmed that they are accurate, and that the height restrictions imposed by the City which are included in the recorded declaration of covenants, conditions and restrictions were meant to protect the views of the uphill Felicidad homeowners. He said he would be happy to discuss this with the City, if called upon to do so.

Fourth, the City has provided us with Building Permit documentation for 203 Calle Delicada, the house with the offending trees screening out Mr. Buck's ocean and coastal views.

Among these documents is the Broadmoor HOA letter, dated September 11, 2007, to the then owners of the house, Roger & Lonnell Nestie, approving the Nestie's proposed modifications.

This letter from the HOA, Exhibit 9, specifically states that if trees reach 20 feet (should actually be 17 feet per the CC&Rs) or more in height, the homeowners are required to trim or remove these trees at their own expense. Also stated is that this requirement applies to the current and any future homeowners. Given this, the HOA is clearly aware of the tree height requirement, however, they still neglect their duty to enforce their CC&Rs. The City used this Broad.moor HOA approval letter in their process to grant a building permit.

Finally, the Broadmoor HOA recently trimmed all of its common area trees to approximately 17 feet or less. There is no dispute that there exists a 17-foot height restrictio~ • and the recent actions of the Broad.moor HOA confirm this fact. Nonetheless, the Broadmoor Association refuses to enforce the restriction on homeowners on Delicada, who refuse to comply with the 17-foot height restriction. As previously stated, the Broadmoor HOA's position is that because Felicidad is not a part of the Broadmoor HOA, it has no obligation to Felicidad homeowners. It appears that the Broadmoor HOA has purposefully discounted the events that led to the approval of the 19 Delicada houses 45 years ago. 191
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Because the HOA and certain Delicada homeowners refuse to comply with the recorded Supplemental CC&Rs which were required as part of the City's approval process, the City must consequently step in for enforcement purposes. The City has the auth01ity under its prior approval and as recorded in the CC&Rs to enforce the restriction.

As the approving body for Tract No. 8963, the City has enforcement authority to remedy the violation of the CC&Rs caused by the overgrown trees on Delicada Specifically, the City can and should compel the Broadmoor HOA to enforce the CC&Rs because the height restrictions were specifically imposed on the 19 lots on Delicacla by the City as a condition for the subdivision approval. A local government agency that grants entitlements for development on condition that the developer record specific restrictions regarding the use and occupancy of the project, has the authority to enforce the restrictions and to enjoin a violation that would be contrary to the restrictions of the approval. (See, e.g., Ojavan Investors, Inc. v. Califom-ia Coastal Commission (1994) 26 Cal.App.4th 516, 526 [noting Coastal Commission authority to obtain an injunction and recover civil penalties and fines from any person who violated restrictions in a declaration of restrictions imposed by the Commission as a condition to a development permit]; and Santa Clara v. Paris (1977) 76 Ca1.App.3d 338, 342 [city had the legal ability, in its own right, to bring an action to enforce a condition to a variance granted to the violating party].) Here, because the City required the CC&Rs to include the height restriction as a condition of approval for Tract No. 8963, the City can enforce the restriction against the Delicada Homeowners and/or compel the Broad.moor HOA to enjoin the violation.

The City may also remedy the issue of the overgrown trees on Delicada under the City Municipal Code's provisions. Chapter 8.52 of the City Code defines a public nuisance as "[a]nything which is ... an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by any considerable number of persons ... " (City Code, § 8.52.010.) The City Code specifically discusses overgrown vegetation "causing detriment to neighboring properties or property values" as a public nuisanc_e. (City Code, §

8.52.030, subd. (G)(2).) The overgrown trees interfere with the Felicidad Homeowners' enjoyment of their properties because their ocean views are obstructed by non-compliant neighbors on Delicada. Indeed, ocean views are a significant consideration in assessing the value of properties located near the coastline, and as a coastal city, San Clemente has acknowledged this fact in its City Code. Therefore, because the City has a direct interest in ensuring its laws are complied with, an enforcement action under the public nuisance theory is appropriate.

The Claimants have suffered damages, and continue to suffer damages in excess of the· jurisdiction of the Superior Court.

The City Attorney, Scott Smith, and the City Staff identified in the attached correspondence are, to Claimants current understanding, familiar with some of the facts su11"ounding this claim.

The Bucks and other Felicidad homeowners have tried to resolve this tree height dispute amicably with their neighbors on Delicada for three years. The Buck's situation is not unique as 192
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there are multiple Felicidad neighbors who have similar challenges with their Delicada neighbors. All 19 homes in Tract 8963, Delicada, need the City to enforce the 17-foot, treeheight limit in accordance with the recorded CC&Rs. Currently there are nine Delicada homeowners that are not in compliance with the height restriction.

The City told the Felicidad homeowners that the City would enforce the height restriction. Thus, the City has the obligation to take action to remedy the situation so that further litigation and conflict between neighbors may be avoided.

We, therefore, request that the City exercise its enforcement powers. The City can enforce the height restriction very easily. The City can simply send a code enforcement letter to the nine Delicada neighbors and the Broadrnoor HOA to cut the trees. If they refuse, the City has the right to enforce the height restriction and obtain its attorney fees and costs from the violators.

We appreciate your consideration of this matter and look forward to hearing from you. If the Council needs any additional information, please contact us. Please send all responses and communication to this office.

Very truly yours,
Michael L. Tidus
Enclosures
cc: Scott C. Smith, Esq.* ([email protected])
City Councilmembers*
*via email and U.S. Mail
1518366.3
193
ATTACHMENT 8
86 EXHIBIT H
10995
Indian Wells
(760) 566-2611
Irvine
{949) 263-2600
Los Angeles
(213) 617-8100
Manhattan Beach
(310) 643-8448
Ontario
(909) 989-8584
Scott C. Smith
(949) 263-6561
[email protected]
File No. 55452.01100
BEST .B EST & KRJllEGlER ::

ATTOR N F.l' S .\T L AW
18101 Von Karman Avenue, Suite 1000, Irvine, CA 92612
Phone: (949) 263-2600 I Fax: (949) 260-0972 I www.bbklaw.cotn June 30, 2021
VIA FIRST CLASS MAIL AND EMAIL TO: MTllDUS@JACl(SONTIDUS.LAW Michael L. Tidus, Esq.

Jackson Tidus
2030 Main Street, 12th Floor
Irvine, CA 92614
Riverside
(951) 686-1450
Sacramento
{916) 325-4000
San Diego
(619) 525-1300
Walnut Creek
(925) 977-3300
Washington, DC
(202) 785-0600
Re: Broadmoor San Clemente Community Association and Calle De]icadaTract No. 8963 Dear Mr. Tidus:

On behalf of our client, the City of San Clemente. this letter responds to your conespondence of May 18, 2021 with regard to issues on Calle Delicada, Tract No. 8963. The City Council discussed the matter 1n dosed session on June 1, 2021, considered your letter and the attached exhibits. The Council declined the request to intervene in the matter, except to reiterate the City's commitment to full cooperation to facilitate and expedite any access or permits necessary to accomplish the work in question.

Please contact me with any questions.

Sincerely,
I .) . . ,· ._ ~ t-f __ »L.r ✓ ~ , \~~l~::_~~
Scott C. Smith
City Attorney, City of San Clemente
SCS:nrw
cc: Erik Sund, City Manager
Community Development and Public Works Directors
5545:!.01100\34066782.3
194
ATTACHMENT 9
87 EXHIBIT I
11096

SUPERIOR COURT OF CALIFORNIA,

COUNTY OF ORANGE

CENTRAL JUSTICE CENTER

MINUTE ORDER
DATE: 02/09/2024 TIME: 02:34:00 PM
JUDICIAL OFFICER PRESIDING: John C. Gastelum
CLERK: J. Roa
REPORTER/ERM: None
BAILIFF/COURT ATTENDANT:

DEPT: C11
CASE NO: 30-2019-01086744-CU-BC-CJC CASE !NIT.DATE: 07/29/2019 CASE TITLE: Buck vs. Garruba
CASE CATEGORY: Civil - Unlimited CASE TYPE: Breach of Contract/Warranty EVENT ID/DOCUMENT ID: 7 4227192
EVENT TYPE: Chambers Work

APPEARANCES
There are no appearances by any party.

The Court having fully considered documents submitted, now makes the following ruling as attached hereto and incorporated herein by reference.

Statement of Decision signed and filed this date, a copy is attached hereto.

Court orders Clerk to give notice.

DATE: 02/09/2024
DEPT: C11
MINUTE ORDER Page 1
Calendar No.
195
1118897
30-2019-01086744
PAUL BUCK VS. ANGELO GARRUBA AND LISA GARRUBA
Statement of Decision
A bench trial was held in the above-referenced matter on February 1, 2, 3, 9 and 10, 2023. The court heard all the evidence, am~ closing arguments were submitted in written form, pursuant to a briefing schedule. The Court then issued its Tentative Decision. At trial, the parties requested a statement of decision. To the extent that request purports to ask this Court to decide alleged "controverted issues" that are not outcome determinative, the request is denied. Plaintiff filed objections regarding the Proposed Statement of Decision. The Court has considered and will overrule those objections, and now adopts the Proposed Statement of Decision as its final Statement of Decision.

Defendants are directed to prepare a proposed judgment consistent with this decision and serve it on opposing counsel within 10 days of this statement of decision.

GE OF THE SUPERIOR COURT
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, Elec onically Received by Superior Court of California, County of Orange, 07/07/2023 10:36:00 AM. 30-2019-0108 44-CU-BC-CJC - ROA# 426 - DAVID H. YAMASAKI, Clerk of the Court By 0. Saldivar, Deputy Clerk. 1 2
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Stephen G. Hammers, Esq. (SBN 155740)

HAMMERS LAW PC
1601 Dove Street, Suite 120
Newport Beach, California 92660-2410
Telephone: (949) 783-5143
Facsimile: (949) 783-5144
Email: stephen. [email protected]
Attorneys for Defendants,
ANGELO GARRUBA and LISA GARRUBA
FILED

SUPERIOR COURT OF CALIFORNIA

COUNTY OF ORANGE

CENTRAL JUSTICE CENTER
FEB O 9 2024
DAVID H. YAMASAKI, Clerk of the Court
BY._· _____ _
,DEPUTY

THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF ORANGE, CENTRAL JUSTICE CENTER
PAUL BUCK, an individual,
Plaintiff,
vs.

ANGELO GARRUBA and LISA
GARRUBA and DOES 1 to 20,
Defendants.
) Case No.: 30-2019-01086744-CU-BC-CJC
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Assigned for All Purposes to
Hon. John G. Gastelum, Dept. CJ I
lllUA?.~ STATEMENT OF

DECISION
Trial Date: February 1, 2023
Time: 9:00 AM.

Dept: Cll
The above-captioned matter convened for trial on February 1, 2, 3, 9 and 10, 2023 in Department C 11 of the Orange County Superior Court, the Honorable John G. Gastelum presiding as judge without a jury. Plaintiff Paul Buck ("Plaintiff') was represented at trial by Gregory Regier and Stephanie Talavera of Jackson, Tidus, and Defendants Angelo and Lisa Garruba ("Defendants") were represented by Stephen G. Hammers of Hammers Law PC. The court heard all the evidence, and closing arguments were submitted in written form, - 1-
l'!l."1 MtID STATEMENT OF DECISION
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1 pursuant to a briefing schedule, with the matter being submitted on April 10, 2023. At trial, 2 the parties requested a statement of decision. To the extent that request purports to ask this 3 Court to decide alleged "controverted issues" that are not outcome determinative, the request 4 is denied.
5 Plaintiff brought this action against Defendants to enforce an equitable servitude, and for 6 promissory estoppel, nuisance, and declaratory relief. Before trial, a demurrer to the second 7 cause of action for promissory estoppel was sustained without leave to amend for failure to state 8 facts sufficient to maintain a cause of action.
9 Three causes of action remain at issue in the First Amended Complaint ("F AC"): ( 1) the 10 First Cause of Action for Enforcement of an Equitable Servitude, (2) the Third Cause of Action 11 for Nuisance, and (3) the Fourth Cause of Action for Declaratory Relief. The parties agreed 12 certain issues within the First and Fourth Causes of Action should be bifurcated and should be 13 tried first as a court trial. They also agreed that the resolution of the equitable causes of action 14 and/or issues would promote the ends of justice and serve economy and efficiency in handling 15 the case. The parties disputed what the equitable issues from the First and Fourth Causes of 16 Action should be. The Court modified the issues to be bifurcated and tried first by way of a 17 bench trial as follows:
18 1. Whether Plaintiff Paul Buck has an enforceable, equitable servitude over Defendants 19 Angelo and Lisa Garruba's property in the form of the height restriction prohibiting structures 20 and vegetation over 17 feet high.
21 2. Assuming Plaintiff has an equitable, enforceable servitude in the form of the height 22 restriction prohibiting structures and vegetation over 17 feet high, whether Plaintiff Paul Buck 23 has standing to enforce said equitable servitude.
24 Accordingly, this first phase of the trial involved only the above-listed claims for 25 equitable relief.
26 Plaintiff lives one block away and uphill from Defendants. Both homes are located in the 27 City of San Clemente ("City") on a hillside facing the ocean. Plaintiff contends that, when the 28 City approved the Broadmoor homes development, including Defendants' home, it conditioned -2-
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1 that approval on the adoption of a height restriction that protected the views of the existing 2 homes on his street, Calle Felicidad. That restriction limited the height of trees and other 3 structures to a maximum of 17 feet. According to Plaintiff, the City required that the height 4 restriction be included in the CC&Rs. Per Plaintiff, Defendants has allowed four palm trees on 5 their property to reach a height more than 17 feet, and these trees now block a significant portion 6 of his ocean view. Plaintiff asks that the trees to be removed or cut down to the permitted height, 7 and to ensure Defendants do not violate this restriction by adding any other tall trees. 8 Defendants note they bought their house - with the palm trees already in place- back in 9 December 2013. Because they value these trees, they engage in regular trimming and 10 maintenance. According to Defendants, Plaintiff demanded that they simply remove their trees, 11 as opposed to merely cutting or trimming them. Because only dues-paying members of the 12 Broadmoor HOA can enforce the CC&Rs' height restriction, and Plaintiff does not live in their 13 HOA, pay dues, or live by the HOA's restrictions, he cannot enforce the CC&Rs. Noting the 14 HOA had not required them to cut down their trees, and the HOA's lawyer rejected a demand 15 from Plaintiffs lawyers to do so, they argue they are not in violation of any restriction and 16 should not have to remove or trim their trees.
17 FACTS
18 Defendants' home is located within a planned community developed by Broadmoor 19 Homes, Inc. ("Broadmoor") in the early 1970s. The Broadmoor community is governed by a 20 homeowners' association and a set of covenants, conditions and restrictions ("CC&Rs"). 21 Broadmoor recorded a Master Declaration of Covenants, Conditions and Restrictions 22 ("Master CC&Rs") on August 19, 1974. 1 (Trail Exhibit ("TE") 16.) The Broadmoor San 23 Clemente Community Association (the "HOA") enforces the restrictions set forth in the Master 24 CC&Rs. "Supplementary CC&Rs" were enacted in 1976 governing the homes on Calle 25 Delicada, including the home now owned by Defendants (the "Supplementary CC&Rs"). (TE 26 26.) The Master CC&Rs include definitions of important terms. For example, Article I, sections 27 28 1 The parties stipulated to admissibility of several exhibits, both by way of agreements noted directly on their exhibits list, and a "Further Stipulation re Admissibility of Trial Exhibits" filed February 8, 2023. The court issued a Minute Order dated February 10, 2023 accepting the stipulation. -3-
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1 5 and 7 provide that an "Owner" of a "Lot" is the record owner offee simple title to any 2 "numbered plot of land shown upon any recorded subdivision map" of the Broadmoor 3 community. (TE 16, p. 2.) Plaintiff does not reside in the Broadmoor community. His home is 4 located one block outside the Property on Calle Felicidad. His property sits at a higher elevation, 5 separated from Defendants' home by a city street (Calle Delicada), a long, sloping hill leading 6 down from his residence to Calle Delicada, and a strip of "common area" property between his 7 property and Calle Delicada. (TE 206, p. 8.)
8 By its own express terms, the Master CC&Rs contain a provision indicating the 9 "servitude" created by the CC&Rs benefits only the Association, the Owners and the Developers 10 of Association property. Article X, section I provides in pertinent part as follows:
11 "Section 1. Duration. The Covenants, conditions and restrictions of this 12 Declaration shall run with and bind the real property within Broadmoor San Clemente, 13 and shall inure to the benefit of and be enforceable by the Association, or the Owners, 14 including Developer, their respective legal representatives, heirs, successor, and assigns, 15 and are imposed upon the real property within Broadmoor San Clemente as a servitude in 16 favor or each parcel ofland therein as a dominant tenement..." (Master CC&Rs, Art. X, 17 Sec. l.) (TE 16, p. 18.)
18 Additionally, Article X, section 4, labelled "Enforcement," provides as follows:
19 "Section 4. Enforcement. Violation or breach of any covenant, condition or 20 restriction herein contained shall give to the Developer, so long as it is an Owner of at 21 least twenty-five percent (25%) of the Lots, or the Association, the right to enter upon the 22 property upon or as to which said violation or breach exists and to summarily abate and 23 remove, at the expense of the Owner thereof, any structure, thing or condition that may 24 exist thereon contrary to the intent and meaning of the provisions hereof, and/or shall 25 give to the Association or the Owner of any Lot, including Developer, the right to 26 prosecute a proceeding at law or in equity against the person or persons who have 27 violated or are attempting to violate any of these covenants, conditions or restrictions to 28 -4-
Ji(th Ofili.D ST A TEMENT OF DECISION
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enjoin or prevent them from doing so, to cause said violation to be remedied or to recover 2 damages for said violation." (Master CC&Rs, Art. X, Sec. 4.) (TE 16, p. 18.) 3 The Master CC&Rs include a height restriction for all the Broadmoor homes, as follows:
4 "Section 22. No building, structure, improvement or addition ( excluding 5 chimneys and roof vents) shall be constructed, erected, altered, placed or permitted to 6 remain on any portion of the Property which exceeds one story in height with a maximum 7 height of 17 feet. No tree, bush or shrub shall be placed or maintained. upon (i) any Lot 8 described in Exhibit "A", attached hereto and incorporated herein by reference, which 9 exceeds 17 feet in height or (ii) upon any other Lot in the Property which exceeds 20 feet 10 in height." (Master CC&Rs, Art. VII, Sec. 22.) (TE 16, p. 15.) 11 The Supplementary CC&Rs expressly incorporate the Master CC&Rs, providing, "The 12 Property is hereby made subject to all the terms, covenants, conditions and provisions as set forth 13 in the Master Declaration, and specifically pursuant to Section 2 or Article II of such Master 14 Declaration, to all intents and purposes as though the Property were part of the Master 15 Declaration." (Supplementary CC&Rs, p. 1, sec. 1.) (TE 26, p. 1.) 16 The Supplementary CC&Rs include a height restriction nearly identical to that in the 17 Master CC&Rs. (Supplementary CC&Rs, p. 2, Sec. 3.) (TE 26, p. 2.) Thus, the Developer 18 incorporated the height restriction from the Master CC&Rs into the Supplementary CC&Rs. 19 Defendants are dues-paying members of the Broadmoor Association, and the Broadmoor 20 CC&Rs govern their property on Calle Delicada. They pay assessments to the Association. 21 Plaintiff purchased his home on Calle Felicidad, a block outside the Broadmoor Association, in 22 1987. He has never paid dues to the Broadmoor Association. Plaintiffs property overlooks 23 Broadmoor Association property, including Defendant's home. Plaintiff visited Defendant's 24 home one night in December 2014, a bottle of wine in tow, ostensibly to compliment Defendants 25 on their Christmas lights, including various lights strung across the palm trees at issue here. (TE 26 212.) The parties exchanged pleasantries and discussed getting together on another occasion. 27 Over time, other relatively brief meetings between the parties occurred, involving social 28 conversations unrelated to the trees.
-5-
M8,U~T ATEMENT OF DECISION
201
103 11794
1 Sometime in 2019, Plaintiff arrived at Defendants' home and directed them to "do 2 something" about their trees, claiming they impacted his ocean view. Defendants noted they 3 regularly trimmed their trees and were not inclined to remove them. A short time later, on June 4 18, 2019, Plaintiff sent a forceful letter, now insisting that they should remove the trees 5 altogether. (TE 61.) Defendants refused.
6 Approximately one year earlier, Plaintiff had his attorneys send a letter to the City 7 Attorney for San Clemente, asking the City to take action regarding the trees. The City declined 8 to do so.
9 Next, counsel for Plaintiff sent a letter to HOA Attorney Josh Smisko at the firm of 10 Hickey & Associates. That letter demanded that "as the enforcement authority for the homes on 11 Calle Delicada violating the height restriction in the CC&Rs, we expect that the Broadmoor 12 Association will take action to remedy the situation so that litigation can be avoided." Smisko 13 rejected this demand, noting Plaintiffs residence was located outside ofBroadmoor, and his lack 14 of standing under the Davis Stirling Act. Smisko noted only HOA members can enforce 15 Broadmoor's CC&Rs, and no member or the HOA itself had ever demanded that Defendants cut 16 or remove their trees. Daniel Hoon, President of the Broadmoor HOA testified at trial and 17 confirmed this was the case. This lawsuit followed.
18 ISSUES
19 First COA (to Enforce an Equitable Servitude): At trial, Plaintiff argued the City had, 20 many years earlier, conditioned approval of Broadmoor's development on the adoption of a 21 height restriction to protect existing homeowner views. CC&Rs were to be enacted incorporating 22 this agreement. The problem is this - by its express terms, the Master CC&Rs contain a standing 23 provision (the enforcement section). (Master CC&Rs, Art. X, Sec. 4.) (TE 16, p. 18.) Pursuant 24 to those terms, Plaintiff lacks standing to enforce any provision of these CC&Rs, including the 25 height restriction. Based on the evidence, the Court finds Plaintiff has no enforceable equitable 26 Equitable servitudes permit courts to enforce promises restricting land use when there is 27 no privity of contract between the party seeking to enforce the contract and the party resisting 28 enforcement. Like any promise given in exchange for consideration, an agreement to refrain -6-
/Ul(i)P~ STATEMENT OF DECISION
202
104 11895
1 from a particular use of land is subject to contract principles, under which courts try 'to effectuate 2 the legitimate desires of the covenanting parties. When landowners express the intention to limit 3 land use, that intention should be carried out. (Nahrstedt v. Lakeside Village Condominium Assn. 4 (1994) 8 Cal.4th 361, 375.) An equitable servitude is a legal term that is used, in the context of 5 real property, to describe a non-possessory interest in land that operates much like a covenant 6 running with the land. In other words, it operates very much like a restriction on the use of land. 7 Indeed, in certain situations, if restrictions on the use of property do not meet the 8 requirements of covenants running with land, they still may be enforceable as equitable 9 servitudes. In other words, courts can enforce promises regarding the use of land "even though 10 the person who made the promise has transferred the land to another." (Cebular v. Cooper Arms 11 Homeowners Ass'n (2006) 142 Cal.App.4th 106, 122, citing Marra v. Aetna Construction Co. 12 (1940) 15 Cal.2d 375, 378.) The underlying idea behind equitable servitudes is that "a 13 landowner's promise to refrain from particular conduct pertaining to land creates in the 14 beneficiary of that promise 'an equitable interest in the land of the promiser."' (Ibid.) 15 Equitable servitudes can be created either by deed, lease, or any written agreement been 16 the landowners. (See, Riley v. Bear Creek Planning Committee (1976) 17 Cal.3d. 500, 512 17 [ deed]; see also, Hudson Oil Co. v. Shortstop (1980) 111 Cal.App.3d 488, 494-495 [lease]; see 18 also Wayt v. Patee (1928) 205 Cal. 46, 48 [contract].) They cannot be oral. Importantly, for an 19 equitable servitude to be recognized, "the person bound by the restrictions [ must have] had 20 notice of their existence." (Nahrstedt v. Lakeside Village Condominium Assn. (1994) 8 Cal.4th 21 361, 3 7 5 citing Riley, supra, 17 Cal.3d at 507.)
22 The doctrine of equitable servitudes makes enforceable at equity a covenant appurtenant 23 to other benefited property that might be otherwise unenforceable. (Marra v. Aetna Const. Co. 24 (1940) 15 Cal.2d 375, 378-379.) "A covenant running with the land is created by language in a 25 deed or other document showing an agreement to do or refrain from doing something with 26 respect to use of the land. [Citation.] An equitable servitude may be created when a covenant 27 does not run with the land but equity requires that it be enforced." ( Committee to Save Beverly 28 Highlands Homes Ass'n v. Beverly Highlands Homes Ass'n (2001) 92 Cal.App.4th 1247, 1269 -7-
,'lJHJRQ.ljjl,STATEMENT OF DECISION
203
105 11996
1 (Beverly Highlands); see Citizens for Covenant Compliance v. Anderson (1995) 12 Cal.4th 345, 2 354-355.) Equitable servitudes are enforceable "although they benefit or restrict only a single 3 parcel ofland." (Marra, supra, at p. 378.)
4 Plaintiffs home is located at 203 Calle Felicidad in San Clemente. (Plaintiffs First 5 Amended Complaint ("FAC"), ,r 16.) In plaintiffs original complaint, he admitted his home was 6 one of several on Calle Felicidad not situated in the Broadmoor development, it "is not governed 7 by the Broadmoor Association," and it "is not subject to the Broadmoor CC&Rs." (Complaint, 8 ,r,r 11, 19.) The F AC alleges that in 1973, Broadmoor commenced development of 19 homes on 9 Calle Delicada - including defendants' home - and a group of homeowners located uphill from 10 these new homes, including Plaintiffs' predecessor, formed a neighborhood group to file a 11 petition to protect existing ocean and coastal views. (FAC, ,r~[ 22-29.) Numerous meetings with 12 the City Council for San Clemente and the Planning Commission occurred. (FAC, ,r,r 30-40.) 13 The FAC alleges that "[p]rotecting the existing ocean and coastal views from Calle Felicidad 14 was a key consideration in allowing the l 9 lots on Calle Delicada to be developed because the 15 homeowners on Calle Felicidad were assured that height protections would be included as part of 16 the CC&Rs, which were required by the City as a condition ofapproval. The height limit would 17 be imposed for the benefit of the uphill landowners on Calle Felicidad." (FAC, ,r 47.) The FAC 18 alleges Broadmoor made certain properties within the Broadmoor Community subject to the 19 Master CC&Rs, recorded on 8-19-74. (FAC, ,r 50.)
20 The FAC also alleges that to ensure the 19 lots on Calle Delicada would also be subject 21 to the CC&Rs, Broadmoor executed a Supplementary Declaration of Covenants, Conditions and 22 Restrictions, dated 1-16-76, and these CC&Rs include the Height Restriction that applies to 23 homes on Calle Delicada, i.e., no tree shall be placed or maintained which exceeds 20 feet in 24 height. (FAC, ,r,r 50-53.) The F AC further alleges the restriction approved by the City, including 25 those benefitting the Calle Felicidad Homeowners, were to be recorded as covenants against the 26 Calle Delicada homes. (F AC,, 55 .)
27 Moreover, the F AC alleges plaintiff is "an intended successor beneficiary of the Height 28 Restriction because he is an adjoining landowner and the support of his predecessor owner was -8-
.'>JIO@(Mi,JiR STATEMENT OF DECISION
204
106 12097
necessary to build the Calle Delicada homes, including Defendants' home." (FAC, ,r 58.) The 2 F AC alleges there is a right to an unobstructed view that may be created by private parties 3 through the adoption of CC&Rs. (F AC, ,r 66.) It also alleges the Height Restriction is recorded 4 against defendants' property which is sufficient notice to permits its enforcement. (F AC, ,r 67.) 5 Additionally, the FAC alleges the City imposed certain conditions on its approval of the 6 Calle Delicada lots and required Broadmoor to include the Height Restriction in the written 7 covenants to be recorded against the new homes." (F AC, ,r 68.) And "Broadmoor recorded the 8 Height Restriction against the Calle Delicada properties as an equitable servitude in order to 9 ensure that Calle Felicidad Homeowners' views would be obstructed or compromised by the 10 development of the downhill homes," that the "Calle Felicidad Homeowners became intended 11 beneficiaries of the equitable servitude created by Broadmoor and obtained an equitable interest 12 in ensuring the Calle Delicada homeowners complied with the Height Restriction recorded 13 against their properties." (F AC, ,r,r 71-73.) Defendants had notice of the equitable servitude 14 when they purchased their home. (FAC, ,r 79.)
15 Defendants purchased their home on Calle Delicada in San Clemente, California in 16 December 2013. (Trial Transcript, Day 3 ("3 TT") 72:21-26.) Plaintiff contended at trial that 17 certain palm trees on Defendants' property are blocking a portion of the view from the rear of his 18 home. Defendants testified that these trees were not planted by them, but by the previous owners 19 of their home. (3 TT 55:11-17.)
20 Based on the evidence offered at trial, Plaintiff argues his ocean views are protected in 21 perpetuity as against unnamed residents in the neighboring Broadmoor Community. The 22 argument is premised on, for the most part, decades-old City Council minutes and related 23 correspondence between various Calle Felicidad homeowners and the Broadmoor developers. 24 Given the lengthy passage of time, no one from the City of San Clemente was available to appear 25 and explain these Minutes. The sole City representative who appeared, Cecelia Gallardo Daly, 26 admitted she knew nothing about the City's actions regarding this issue in the l 970's. 27 Plaintiff contends these documents and other comments at various city council meetings 28 formed an "equitable servitude." But the express, recorded provisions approved by the City -9-
I'-MJ, 0~ :iT A TEMENT OF DECISION
205
107 12198
1 suggest otherwise, as they limit enforcement of the height restriction to home owners within the 2 Broadmoor community. The Court finds the express recorded provisions must prevail. No 3 recorded document indicates the City ever granted any rights in perpetuity either to all of 4 Felicidad, or specifically to BUCK's property.
5 Minutes for the City Council meeting on January 10, 1973, held before any CC&Rs were 6 approved, indicate enforcement rights belonged to those living within the community: "[A]fter 7 the tract is developed, the control of the CC&R's would be turned over to a group comprised of 8 homeowners in the development." (TE 5, p. 4.) Whatever concerns were expressed by the 9 Felicidad homeowners as to protecting their views, it appears the City Council decided it would 10 be the Broadmoor residents who would ultimately possess the authority to enforce the height 11 restriction. The CC&Rs themselves, after all of these meetings and discussions, limited dominant 12 tenements to the Broadmoor homeowners, and limited enforcement to them as well. Consistent 13 with this position is the City's global refusal to restrict views. At trial, Daly confirmed the City's 14 Municipal Code imposes no restrictions regarding views. In fact, it appears the City has never 15 restricted views, and as recently as October 2022, rejected a proposal to protect views. (1 TT 16 136:21- 137:6.) Again, pursuant to the Broadmoor CC&Rs, the only recorded document on this 17 issue, enforcement rights as to the height restriction are limited to the developer, the HOA, and 18 Broadmoor HOA members. (1 TT 117:17 - 22.)
19 At trial, witness and former property owner Sally Sargent admitted she knew the CC&Rs 20 containing the height restriction did not apply to her, and she needed "another restriction," but 21 never received one. The only restriction she was aware of was the one located in the CC&Rs. (1 22 TT 178: 1 - 26.) Plaintiff offered no explanation as to why the recorded CC&Rs allow only the 23 HOA and Broadmoor residents to enforce tree height regulations, as opposed to any homeowners 24 located outside association limits. Thus, regardless of discussions within various City Council 25 minutes, neither the City nor the Developer recorded any document granting enforcement rights 26 to Felicidad homeowners. Worthy of note, the City attorney was involved in the approval process 27 for this development, and yet no recorded rights were granted to any property owners on 28 Felicidad.

Mtn 0:'fffl STATEMENT OF DECISION
206
108 12299
1 Authorities discussing the issue note the necessity of a recorded document, identifying 2 the benefitted and burdened properties, to establish an equitable servitude. (Civ. Code§ 1468, 3 Nahrstedt v. Lakeside Village Condominium Assn. (1994) 8 Cal.4th 361, 375; 6 Miller & Starr, 4 Cal. Real Estate (4th ed. 2019) § 16:12, "Creation-Description of the dominant tenement.") 5 Plaintiff relies on authorities requiring only two elements- notice and the possibility of an 6 "inequitable result." (Plaintiffs Closing Brief, p. 19, 11. 7 -13, citations omitted.) But none of 7 these cases involve a nonmember's attempt to enforce HOA CC&Rs against a member, where 8 such enforcement rights are expressly limited to members of the HOA. 9 Here, the CC&Rs expressly define dominant tenements as Broadmoor owners. The cases 10 Plaintiff cites do not involve these critical facts. Second, it is well settled that there is no "right to 11 a view." (Boxer v. City of Beverly Hills (2016) 246 Cal.App.4th 1212, 1219; Posey v. Leavitt 12 (1991) 229 Cal.App.3d 1236, 1250.) Thus, cases dealing with height restrictions require far more 13 than mere "notice" and an "inequitable result" if plaintiff seeks rights under a recorded 14 restriction. For example, Pacifica Homeowners' Assn. v. Wesley Palms Retirement Community 15 (1986) 178 Cal.App.3d 114 7 holds that if a court is going to entertain evidence on "conditions of 16 approval" to establish an enforceable height restriction on a view, the language of the restriction 17 determines the right of enforcement. Also, Plaintiff is not in the same position as Sally Sargent, 18 the person claiming to have received the benefit of the original promise. Plaintiffs home has 19 been sold at least twice since she owned it. As such, his case is even more dependent upon the 20 language of the restriction. At most, Sally Sargent would have had a "personal covenant," an 21 interest Plaintiff cannot enforce. (See, Miller & Starr, supra, Cal. Real Estate ( 4th ed. 2019) § 22 16: 12.)
23 Plaintiff suggests the element of "notice" has been met here because Defendants were on 24 notice of their obligations within their community, by virtue of the height restriction provisions 25 set forth within the Broadmoor CC&Rs. But the notice of their obligation to their neighbors 26 within their HOA is not notice that persons living outside the community can enforce any of 27 those rights against them. Along these lines, Civil Code sections 1468 proves that notice of the 28 identity of the "dominant tenement" is imperative. Similarly, decades-old city council minutes -11-
P~~ 006~ STATEMENT OF DECISION
207
100 109 123
would not provide constructive notice to a prospective buyer, who would have no obligation to 2 search through them. Even assuming such a search, it is just as likely that such a purchaser 3 would find the comment that control of the CC&R's would be turned over to "a group comprised 4 of homeowners in the development" as that he/she would find discussions or complaints between 5 Sargent and the City. (TE 5, p. 4.)
6 In sum, the Court finds Plaintiff has no enforceable, equitable servitude over Defendants' 7 property in the form of the height restriction prohibiting structures and vegetation over 17 feet 8 high. All that remains is the height restriction set forth within the CC&Rs. 9 Standing To Enforce Equitable Servitude: "At its core, standing concerns a specific 10 party's interest in the outcome of a lawsuit. [Citations.]" (Weatherford v. City of San Rafael 11 (2017) 2 Cal.5th 1241, 1247.) "Standing is a threshold issue necessary to maintain a cause of 12 action, and the burden to allege and establish standing lies with the plaintiff. [Citations.]" 13 (Mendoza v. JPMorgan Chase Bank, NA. (2016) 6 Cal.App.5th 802, 810.) Under Code of Civil 14 Procedure section 367, "'[o]nly a real party in interest has standing to prosecute an action, except 15 as otherwise provided by statute."' (Summers v. Colette (2019) 34 Cal.App.5th 361, 367.) 16 Article X, sections 1 and 4 of the Master CC&Rs expressly limit the right of 17 enforcement to the Association, the owners of separate interests and the developer. (TE 16 & 18 201, p. 18.) These enforcement provisions ofBroadmoor's CC&Rs mirror the standing limitation 19 at Civil Code section 5975, entitled, "Covenants and restrictions in declaration as equitable 20 servitudes; enforcement; alternative dispute resolution." The pertinent part provides: "The 21 covenants and restrictions in the declaration shall be enforceable equitable servitudes, unless 22 unreasonable, and shall inure to the benefit of and bind all owners of separate interests in the 23 development. Unless the declaration states otherwise, these servitudes may be enforced by any 24 owner of a separate interest or by the association, or by both." (Civ. Code§ 5975, subd. (a), 25 emphasis added.)
26 By his own admission, BUCK is not an owner of a lot within the HOA at issue, the HOA 2 7 itself, or the original developer. He thus lacks standing to enforce the CC&Rs as a matter of law 28 against Defendants, who are owners in the development and members of the Broadmoor -12-
l'HBNJM!'I) STATEMENT OF DECISION
208
101 110 124
Association. (See, Civ. Code§ 5975.) Again, the CC&Rs expressly preclude any enforcement 2 action by Plaintiff here. No evidence was offered to show the CC&Rs governing the height 3 restriction were drafted in error, or the result of mistake, or that the enforcement provision is 4 susceptible to a different interpretation or meaning. 5 Equity: The second part of Plaintiffs argument is whether inequity would result in the 6 absence of enforcement of the proposed servitude. As to any extension of the right to enforce the 7 height restriction to Felicidad homeowners, the court notes actions taken by the City and the 8 Developer excluded Calle Felicidad, and those choices have been relied on for decades. Dan 9 Hoon, president of the Broadmoor HOA, stated the Broadmoor HOA does not enforce the height 10 restrictions in favor of nonmembers of the HOA, specifically due to the language of the CC&Rs. 11 (3 TT 75:5 - 76:1.) That position is supported by the standing provisions set forth in Article X, 12 sections 1 and 4 of the Master CC&RS.
13 Without a recorded restriction in his favor, Plaintiffs right to enforce the height 14 restriction fails. In California, the law is firm that there is no legal right to a view. (Boxer, supra, 15 246 Cal.App.4th at 1219.) To the extent BUCK wants to rely upon "conditions of approval" 16 cited in decades old city council minutes to establish an equitable servitude, the Court notes 17 Plaintiffs property is not identified in the height restriction and the CC&Rs exclude his right of 18 enforcement. Plaintiff has no recorded enforceable right at risk of forfeiture. To the contrary, the 19 only recorded documents deny him that right, and any expectation that he could rely on the 20 recorded documents is unreasonable. Also, no recorded documents put Defendants on notice of 21 any right of outside homeowners to enforce provisions of the Broadmoor CC&Rs. Despite the 22 clear and unequivocal language in the CC&Rs, neither Plaintiffs predecessors, or anyone else, 23 took any action to record a right to enforce height restrictions over any part of Broadmoor. After 24 an intervening sale, the property was conveyed to Plaintiff, who acknowledged his property was 25 not identified in the Supplementary CC&Rs he received in 1987. He too, did nothing for 30 26 years. That his view was not "actually impacted" until a few years ago is irrelevant. The CC&Rs 27 created for Broadmoor were enforceable only by Broadmoor's HOA or its members. Given the 28 lengthy period of delay, Plaintiff cannot invoke equity based on his inaction. -13 -
PRtfJ1»f:i!J-ED STATEMENT OF DECISION
209
102 111 125
1 Fourth COA (Declaratory Relief): As to the issue of declaratory relief, Plaintiff 2 offered no credible evidence at trial to support his claim that he had acquired an enforceable 3 equitable servitude over Defendants' property, and Plaintiffs claim for declaratory relief cannot 4 succeed.
5 Based on the evidence submitted at trial, the Court finds Plaintiff has not carried his 6 burden of proof to show each of the elements necessary to sustain his equitable claims. Based on 7 all of the foregoing reasons, the Court finds in favor of Defendants and denies the claims to 8 enforce an equitable servitude and for declaratory relief. 9 10
11 DATED: _ ____:_:2:.._~_-_Z_Lf __
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 -14-
FIMJ,.,.6iJt!'IJ ST A TEMENT OF DECISION
210
103 112 126

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
Central Justice Center
700 W. Civic Center Drive
Santa Ana, CA 92702
SHORT TITLE: Buck vs. Garruba
CLERK'S CERTIFICATE OF SERVICE BY MAIL CASE NUMBER:
30-2019-010867 44-CU-BC-CJC
I certify that I am not a party to this cause. I certify that a true copy of the Minute Order was mailed following standard court practices in a sealed envelope with postage fully prepaid as indicated below.

The mailing and this certification occurred at Santa Ana, California, on 02/13/2024. ~-12-P-- Clerk of the Court, by: ________________ , Deputy

JACKSON TIDUS, A LAW CORPORATION
2030 MAIN STREET# 1200
IRVINE, CA 92614
HAMMERS P.C.
1601 DOVE STREET# 120
NEWPORT BEACH, CA 92660

CLERK'S CERTIFICATE OF SERVICE BY MAIL
V3 1013a (June 2004)
Page: 1
Code of Civil Procedure , § CCP1013(a) 211
127 104 113
,
Superior Court of California
County of Orange
Civil and Probate/Mental Health Division
700 Civic Center Drive West
Santa Ana, California 92701
C11
689 (R7/13)
Hasler 1w,,, T • CL.''.c<; MAIL
02/14 /2024 $001 8 7 0 (1~1i1•I,.i Mffi1 · -
Will,;~

JACKSON TIDUS, A LAW CORPORATION
2030 MAIN STREET# 1200
IRVINE, CA 92614
ZIP 92701
011D12603745
212
City of San Clemente Code Compliance
Danielle Sorahan, Code Compliance Manager
Phone: (949) 361-8200
[email protected]
June 26, 2024
VIA CERTIFIED MAIL AND EMAIL AT [email protected] Broadmoor San Clemente Homeowners Association
Attn: Ryan Phillips, Agent for Service
1505 Corporation
Compass Property Management Corporation
302 N. El Camino Real, Suite 100
San Clemente, CA 92672
Subject: Demand for Compliance with CCRs Regarding Tree Heights Dear Broadmoor Homeowners Association,
As the Code Compliance Manager for the City of San Clemente, I am writing to address a matter concerning compliance with the Covenants, Conditions, and Restrictions (CCRs) of the Broadmoor community.

Facts:

It has come to our attention that there are violations of Article VII, Section 22, of your CCRs, specifically pertaining to the height restrictions on trees, bushes, and shrubs. The relevant section states:
"No tree, bush, or shrub shall be placed or maintained upon any Lot described in Exhibit 'C,' attached hereto and incorporated herein by reference, which exceeds 17 feet in height or upon any other Lot in Broadmoor San Clemente which exceeds 20 feet in height." Additionally, Article XII of the CCRs grants the City of San Clemente the authority to enforce these regulations, if the HOA fails to do so. The Article states:
"If the City Council of the City of San Clemente reasonably determines at a public hearing held after not less than ten (10) days’ prior written notice to the Association that the Association has failed to perform any of its duties under the Declaration, the City shall have the right, but not the obligation, to thereafter assume the performance of any such duty until such time as the Association demonstrates its ability to reassume such performance; provided, however, that the City shall not exercise any of the rights granted under this Article XII unless, after giving the Association written notice of its determination that the Association has failed to perform its duties… the Association does not cure such failure within thirty (30) days from the date of receipt by the Association of said notice." Code Compliance Division
910 Calle Negocio, San Clemente, CA 92673
www.san-clemente.org
ATTACHMENT 10
105

EXHIBIT J
114 128 213

Page 2 ends

Demand:

To avoid the City exercising Article XII, the City hereby demands that the Broadmoor HOA take immediate action to ensure compliance with the CCRs regarding tree heights within the development, including but not limited to, trees located on the properties between 201 and 327 Calle Delicada, San Clemente, CA.

If the Association does not remedy this issues of non-compliance within thirty (30) days from the date of receipt of this notice, the City of San Clemente may assume enforcement duties as outlined in Article XII.

Consequences:

Per Article XII, the reasonable costs of the City’s enforcement, if any, will be borne by the Association, and failure to pay these costs within sixty (60) days will result in the City levying and collecting a uniform assessment against each lot within Broadmoor San Clemente.

Please provide written confirmation of your action plan to address the issues of noncompliance set forth above within the specified timeframe. Should you have any questions or require further clarification, please do not hesitate to contact me directly.

Thank you in advance for your prompt attention to this matter.

Sincerely,
Danielle Sorahan
Code Compliance Manager
City of San Clemente
106 115 129 214

EXAMPLES OF NON-COMPLIANT TREES ON CALLE DELICADA
1 ATTACHMENT 11
107

EXHIBIT K
116 130 215

EXAMPLES OF NON-COMPLIANT TREES ON CALLE DELICADA
2 108 117 131 216

EXAMPLES OF NON-COMPLIANT TREES ON CALLE DELICADA
3 109 118 132 217

EXAMPLES OF NON-COMPLIANT TREES ON CALLE DELICADA
4 110 119 133 218

EXAMPLES OF NON-COMPLIANT TREES ON CALLE DELICADA
5 111 120 134 219
From: Atamian, Adam
To: [email protected]; [email protected] Cc: Josh Smisko
Subject: Notice of Hearing - Enforcement of Broadmoor CC&Rs - City Council Meeting November 19, 2024 Date: Friday, November 8, 2024 12:02:43 PM
Attachments: Notice of Public Hearing 11-19-2024 - Broadmoor Association CCR Enforcement.pdf [EXTERNAL]
Dear Mr. Phillips and Ms. Cervantes,
Please find attached Notice of Public Hearing for the November 19, 2024 City Council Meeting. Hard copies of this notice are also being sent via certified and regular mail. The City will provide notification to you when the agenda and agenda packet is published.

Sincerely,
Adam Atamian, MPA, AICP
Community Development Director
Community Development Department
910 Calle Negocio
San Clemente, CA 92673
p: (949) 361-6196
[email protected]
SCSEAL
P Please consider the environment before printing this e-mail Attachment 12
112

EXHIBIT L
121 135 220
4895-6062-5911 v1

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING

WILL BE HELD BY THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA,
RELATIVE TO THE FOLLOWING:

TO:

Broadmoor San Clemente Community Association
Attn: Ryan Phillips, Agent for Service
Compass Property Management Corporation
302 N. El Camino Real, Suite 100
San Clemente, CA 92672
Broadmoor San Clemente Homeowners Association CC&R Compliance Notice is hereby given that the City Council of the City of San Clemente shall conduct a public hearing to address non-compliance with the Covenants, Conditions, and Restrictions (CC&Rs) specific to the Broadmoor community.

Details of Non-Compliance:

The identified violations pertain to Article VII, Section 22, of the Broadmoor CC&Rs, specifically related to height restrictions for trees, bushes, and shrubs within the community. The CC&Rs stipulate:
"No tree, bush, or shrub shall be placed or maintained upon any Lot described in Exhibit 'C,' attached hereto and incorporated herein by reference, which exceeds 17 feet in height or upon any other Lot in Broadmoor San Clemente which exceeds 20 feet in height." Hearing Details:

Date: November 19, 2024
Time: 6:00 p.m. or as soon thereafter as the matter may be heard Location: City Hall Council Chambers, 910 Calle Negocio, 2 nd Floor, San Clemente, California
92673
Purpose of Hearing:

This hearing has been scheduled to review the CC&R violations and determine whether the City of San Clemente shall assume enforcement duties as permitted under Article XII of the Broadmoor HOA CC&Rs. Should the City take on enforcement responsibilities, the reasonable costs incurred, including reasonable attorney fees, may be assessed to the HOA, potentially leading to a uniform assessment against each lot within Broadmoor San Clemente.

Further information may be obtained by contacting the City Clerk’s Office at (949) 361-8200. 113 122 136 221
4895-6062-5911 v1
All interested parties are invited to attend this public hearing or provide comments by written communication to the City Council. All written comments must be received by the City Clerk’s Office by no later than 4:00 p.m. on the date of the hearing to ensure sufficient time to distribute to the City Council and the public. If you challenge the actions taken by the City Council in court, you may be limited to the arguments raised at the hearing.
114 123 137 222

CITY OF SAN CLEMENTE
Tuesday, November 19, 2024 5:00 PM
City Council
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Regular Meeting Minutes
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
Mayor Cabral
Mayor Pro Tern Enmeier
Councilmember Duncan
Councilmember Knoblock
Councilmember Loeffler
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.

A Regular Meeting of the San Clemente City Council was called to order by Mayor Cabral on November 19, 2024 at 5:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral STAFF PRESENT: Andy Hall, City Manager; Elizabeth Mitchell, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk

CLOSED SESSION
Motion by Councilmember Loeffler, second by Mayor Pro Tern Enmeier, CARRIED 5-0, to recess to Closed Session at 5:00 p.m. to discuss the following:

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 1
Case Name: Harbor View Estates Homeowners Association v. City of San Clemente, Orange County Superior Court Case No.
30-2024-01371169-CU-WM-CXC
B. CONFERENCE WITH LEGAL COUNSEL- INITIATION OF LITIGATION Whether to initiate litigation pursuant to Government Code section 54956.9(d) (4) Number of Cases: 1
AYE:

NOE:

Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral
None
Closed Session concluded at 5:57 p.m.

Page 1 of 26 ends

Attachment 3
124
EXHIBIT 3Type
138 223
City Council Regular Meeting Minutes November 19, 2024
8E. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION NO. 24-169,

APPROVING A REVISED ADMINISTRATIVE FEE FOR VEHICLE REMOVAL,

IMPOUND, STORAGE OR RELEASE BY THE ORANGE COUNTY SHERIFF'S

DEPARTMENT FOR THE TRAFFIC VIOLATOR APPREHENSION PROGRAM (TVAP)
Mayor Cabral opened the Public Hearing.

City Manager Hall reviewed the contents of the Administrative Report and responded to City Council inquiries.

There being no one desiring to speak, Mayor Cabral closed the Public Hearing.

Motion by Councilmember Loeffler, second by Mayor Pro Tern Enmeier, to:

1. Adopt Resolution No. 24-169 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING

A REVISED ADMINISTRATIVE FEE FOR VEHICLE REMOVAL, IMPOUND,

STORAGE OR RELEASE BY THE ORANGE COUNTY SHERIFF'S

DEPARTMENT FOR THE TRAFFIC VIOLATOR APPREHENSION
PROGRAM (TVAP) IN THE CITY OF SAN CLEMENTE.

2. Repeal Resolution No. 21-11.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
8F. PUBLIC HEARING REGARDING THE FAILURE OF BROADMOOR SAN

CLEMENTE COMMUNITY ASSOCIATION TO ENFORCE CERTAIN

COVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS)
This item was considered following Item 8A. Please reference page 5 of these minutes for a summary of that action.

Mayor Cabral opened the Public Hearing.

Councilmember Loeffler disclosed that he met with Broadmoor residents.

Mayor Cabral disclosed that he visited the site.

Community Development Director Atamian narrated a PowerPoint presentation entitled "Public Hearing Regarding the Failure of Broadmoor San Clemente Community Association to Enforce Certain Covenants, Conditions and Restrictions (CC&Rs)" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Joshua Smisko and David Hickey. counsel for the Broadmoor Homeowners

Page 9 of 26 ends

125 139 224
City Council Regular Meeting Minutes November 19, 2024
Association, opined on the legal precedent and previous legal action taken concerning trees exceeding the height limitations.

Ryan Phillips, Broadmoor Community Manager, commented on his experience with the Broadmoor Homeowners Association as it relates to the process of the Broadmoor Homeowners Association Board addressing issues or complaints within the community.

Stephen Hammers, on behalf of Broadmoor residents, representing five Broadmoor families; opined on previous legal action taken concerning the tree height on Calle Delicada.

Reva Buck spoke in support of the City Council adopting Resolution No. 24-173.

Paul Buck, San Clemente, displayed a photograph of conditions at his property on Felicidad; spoke in support of the City Council adopting Resolution No. 24-173. A hard copy of the photograph is on file with the City Clerk.

Eric Fermin narrated a PowerPoint presentation displaying photographs of trees exceeding the height limitations on Calle Delicada; spoke in support of the City Council adopting Resolution No. 24-173. A hard copy of the presentation is on file with the City Clerk.

Jeff Chambers commented on the original CC&R agreement for Broadmoor Community; spoke in support of the City Council adopting Resolution No. 24-173.

John Carretti, San Clemente, commented on landscaping requirements and enforcement by the Broadmoor Homeowners Association; spoke in support of the City Council adopting Resolution No. 24-173.

Paul Lefcourt, San Clemente, commented on trees exceeding the height limitations on Calle Delicada, spoke in support of the City Council adopting Resolution No. 24-173.

Alan Korsen, San Clemente, spoke in opposition of the City taking action against the Broad moor Homeowners Association.

Chaundra Vidakovich opined that the City should mediate with the residents on Calle Delicada and Felicidad to mitigate trees exceeding the height limitations.

Gordon & Antonia Sipes spoke on efforts they have taken to compromise with their neighbor on Calle Delicada concerning trees exceeding the height limitations; spoke in support of the City Council adopting Resolution No. 24-173.

Mike Kay opined that the City should only be involved in enforcement of CC&Rs when it concerns homeowners associations not clearing vegetation in open space and to protect views for residents.

Page 10 of 26 ends

126 140 225
City Council Regular Meeting Minutes November 19, 2024
Ryan Phillips, Broadmoor Community Manager, responded to City Council inquiries.

Karen New, Vice President Broadmoor Homeowners Association Board of Directors, responded to City Council inquiries.

Matt Silver, Civica Law Group, City Prosecutor for the City of San Clemente, responded to City Council inquiries.

There being no others desiring to speak, Mayor Cabral closed the Public Hearing.

Motion by Councilmember Duncan, second by Mayor Pro Tern Enmeier, CARRIED 5-0, to continue this item to a future City Council meeting to allow the parties (Broadmoor Homeowners Association and homeowners on Felicidad) to discuss a resolution/mediate concerning the trees exceeding the height limitations within the Broad moor Homeowners Association Community.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None

MEETING RECESS
The City Council meeting recessed at 9:12 p.m. and reconvened at 9:15 p.m. with all City Councilmembers present.

9. Unfinished Business
None.

10. New Business
1 0A. APPOINTMENT OF THE CITY CLERK AND CITY TREASURER, AND

INTRODUCTION (FIRST READING) OF ORDINANCES MAKING THE CITY

TREASURER AND CITY CLERK POSITIONS APPOINTED BY THE CITY

MANAGER
Administrative Services Director Brower reviewed the contents of the Administrative Report and responded to City Council inquiries.

Motion by Councilmember Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to:

1. Adopt Resolution 24-170 appointing Laura Campagnolo to the office of City Clerk in accordance to Chapter 2.10 of the Municipal Code of the City of San Clemente.

2. Introduce and conduct the first reading of Ordinance No. 1783 entitled AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,

Page 11 of 26 ends

127 141 226
1 Atamian, Adam
From: Josh Smisko
Sent: Tuesday, February 4, 2025 3:39 PM
To:

Subject: Broadmoor Association Tree Heights
Dear ,
Our firm represents the Broadmoor San Clemente Community Association (“Association”), and we are reaching out on behalf of the Association’s Board of Directors regarding your recent interactions with the Association, as well as the San Clemente City Council and staff, concerning potential tree height issues on Calle Delicada that may be affecting your view.

Be sure to include the address of the property in question along with photographs taken from your lot that clearly illustrate the issue.

In accordance with the Association’s enforcement procedures and policies, a representative from Compass Property Management and the Association will review your complaint. This process may include a site visit to assess the impact from your property. If a visit is necessary, we will reach out to coordinate a convenient time.

Should the Association confirm that a violation exists, it will take appropriate enforcement action with the property owner. Please note that this process may take between 60 to 180 days or more, depending on the circumstances. Providing clear and detailed information in your initial complaint will help expedite the review and resolution process.

Please direct any and all future correspondence on this matter to Compass Property Management. Thank you.

Regards,
Joshua Smisko
Senior Counsel
HICKEY & ASSOCIATES, P.C.
27261 Las Ramblas, Suite 120
Mission Viejo, CA 92691
Tel: (949) 614-1550
Fax: (949) 748-3990
WARNING: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. It contains information from the law firm of Hickey & Associates, P.C. which may be privileged, confidential and exempt from disclosure under applicable law. Dissemination or copying of this e-mail and/or any attachments by anyone other than the addressee or the addressee's agent is strictly prohibited. If this electronic transmission is received in error, please notify Hickey & Associates, P.C. immediately at (949) 614-1550. Thank you.

ATTORN EYS AT LAW

MISSION CORP ORATE PLAZA
27261 LAS RAMBLA S, SUITE 120
MISSION VIEJO, CALIFORNIA 92691
TELEPHONE (949) 614-1550
FACSIMILE (949) 748-3990
BroadmoorSanClemente/CityofSCFurtherReply/020525
February 5, 2025
City of San Clemente
City Council
c/o Adam Atamian
910 Calle Negocio
San Clemente CA 92673
VIA U.S. MAIL &
EMAIL
[email protected]
Re: Broadmoor San Clemente Community Association
Subject: Tree Height Violation Hearing
Dear Members of the City Council:

As you are aware, this firm is legal counsel for the Broadmoor San Clemente Community Association (“Association”). We are writing to you regarding the recent Public Hearings regarding the tree height restriction within the Association’s CC&Rs and the Association’s enforcement of that restriction and the Association’s plan moving forward.

The Association’s Board of Directors has been deliberating on a path forward. The Board has elected to reach out to each Calle Felicidad owner directly and offer them the opportunity to send a complaint to the Association’s management company if a downslope owner on Calle Delicada has a tree in violation of the height limit, unreasonably impacting the Calle Felicidad owner’s view. Once Compass Property Management receives this formal complaint, they will investigate it and determine the next step forward, despite these Calle Felicidad owners not being dues paying members of the Association.

If the complaint is confirmed, then Compass Property Management will initiate violation procedures against that homeowner on Calle Delicada. Despite the comments made by the Calle Felicidad owners at the hearings, and comments from the recent City Council meeting, the Association cannot legally take immediate action (or go on to private property and trim or remove these trees). Under the violation enforcement policy, the offending Calle Delicada owner will first be sent a demand letter to cure the violation.

After 30 days has passed, if the violation has not been satisfactorily corrected, that homeowner will receive another demand letter and invitation to a violation hearing, where a fine can be levied by the Board. If this step has not resulted in the tree being trimmed or removed, the next step under California law, is for the Association to offer Internal Dispute Resolution (“IDR”) as required under Civil Code Sections 5910 and 5915.
www.HickeyAssociates.net
Attachment 5
129
EXHIBIT 5
143 228
City of San Clemente
February 5, 2025

Page 2 ends

BroadmoorSanClemente/CityofSCFurtherReply/020525
IDR is a formal meeting with the homeowner and Board representative to discuss the issues and attempt to obtain a resolution without requiring further legal action. The IDR meeting is usually set within 30 days. If a resolution is reached, it is memorialized and should be acted upon.

If the owner ignores the IDR offer, or no resolution is reached, then the Association must legally offer the owner to participate in Alternative Dispute Resolution (“ADR”).

ADR is essentially a formal mediation or arbitration hearing with the parties and a neutral and the costs are shared equally. Pursuant to the Civil Code, the Association may not file an "enforcement action" in superior court unless the parties have first "endeavored" to submit their dispute to ADR pursuant to Civil Code Section 5930(a). ADR hearings are usually set within 90 days. If the owner refuses to participate in ADR, and/or no resolution is otherwise reached, then the Association may proceed with enforcement litigation against that owner. Litigation may take anywhere from 12 to 24 months or longer to complete.

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. Further, if the City Council should elect to disregard the Association’s enforcement procedures required by statute, and its timelines and “assign” the enforcement “right” to the owners of Calle Felicidad, or act to enforce it themselves, either party must follow the same rules, procedures and California law that is required of the Association as outlined in the CC&Rs, Art. XII, “…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 Association has no right to enter private property and cut down allegedly offending trees.

In summary, the Board has “heard” the City Council and reached out to each owner on Calle Felicidad and given them an opportunity to file a complaint against a Calle Delicada owner, as if they were dues paying members of the Association, which they are not. If a complaint is determined to be supported, the Board will/has begun enforcement measures against the Calle Delicada owner(s). As such, the City Council cannot reasonably determine that the Association has failed to perform its duties under the Declaration. Respectfully, this matter should be deemed closed by the City Council or at a minimum continued out for at least 6-8 months to allow the process to unfold.

Very truly yours,
HICKEY & ASSOCIATES, P.C.

Joshua A. Smisko, Esq.

JAS:rf
cc: Board of Directors,
Broadmoor San Clemente Community Association
130 144 229
Attachment 6
4895-6062-5911 v1

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING

WILL BE HELD BY THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA,
RELATIVE TO THE FOLLOWING:

TO:

Broadmoor San Clemente Community Association
Attn: Ryan Phillips, Agent for Service
Compass Property Management Corporation
302 N. El Camino Real, Suite 100
San Clemente, CA 92672
Cc: Joshua Smisko, Esq. (via email only)
Broadmoor San Clemente Homeowners Association CC&R Compliance Notice is hereby given that the City Council of the City of San Clemente shall conduct a public hearing to address non-compliance with the Covenants, Conditions, and Restrictions (CC&Rs) specific to the Broadmoor community.

Details of Non-Compliance:

Date: March 18, 2025
Time: 5:30 p.m. or as soon thereafter as the matter may be heard Location: City Hall Council Chambers, 910 Calle Negocio, 2 nd Floor, San Clemente, California
92673
Purpose of Hearing:

Further information may be obtained by contacting the City Clerk’s Office at (949) 361-8200. 131
EXHIBIT 6
145 230
4895-6062-5911 v1
All interested parties are invited to attend this public hearing or provide comments by written communication to the City Council. All written comments must be received by the City Clerk’s Office by no later than 4:00 p.m. on the date of the hearing to ensure sufficient time to distribute to the City Council and the public. If you challenge the actions taken by the City Council in court, you may be limited to the arguments raised at the hearing.
132 146 231
133
EXHIBIT 7
147
Begin forwarded message:

From: Josh Smisko <[email protected]>
Date: March 11 2025 at 12:24:33 PM PDT
To:

Cc: >, John Milroy >, Ryan
com as e1 managemen
ente.org>
Subject: Inspection Re-Schedule
If you have a tree impacting your view, I suggest you agree to an inspection. If you want to continue to create obstacles to improving your view, then do not comply.

Regards,
Joshua Smisko
Senior Counsel
HICKEY & ASSOCIATES, P.C.
27261 Las Ramblas, Suite 120
Mission Viejo, CA 92691
Tel: (949) 614-1550
Fax: (949) 748-3990
[email protected]
WARNING: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. It contains infmmation from the law firm of Hickey & Associates, P.C. which may be privileged, confidential and exempt from disclosure under applicable law. Dissemination or copying of this e-mail and/or any attachments by 232
anyone other than the addressee or the addressee's agent is strictly prohibited. If this electronic transmission is received in error, please notify Hickey & Associates, P.C. immediately at (949) 614-1550. Thank you.

From:

Sent: Tuesday, March 11, 2025 12:20 PM
To: Josh Smisko <[email protected]>
Cc: reva.wright ; John Milroy >; Ryan Phillips
<[email protected]>; Krystal Cervantes <[email protected]>;
; d ;
Adam Atamian <[email protected]>; Andy Hall <halla@sanclemente.org> Subject: Re: Inspection Re-Schedule
Mr Smisko , are you saying the Broadmoor HOA regulations / bylaws state that the 17 ft height restriction is only applicable if views are impaired / impacted ? That is a subjective criteria vs 17 ft which is not subjective . Would Broadmoor allow a second story on any home if it does not impair or block anyone’s views? Regards
Bill Garcia
Sent from my iPhone
On Mar 11, 2025, at 11:32 AM, Josh Smisko
<[email protected]> wrote:

Reva,
The purpose is to make sure there is a tree impacting your or your neighbor’s view. If there is a random tree, that exceeds 17 feet and impacts no one’s view, there is no need to remove it. The height restriction is a view protection.

Regards,
Joshua Smisko
Senior Counsel
HICKEY & ASSOCIATES, P.C.
27261 Las Ramblas, Suite 120
Mission Viejo, CA 92691
Tel: (949) 614-1550
134 148 233
Fax: (949) 748-3990
[email protected]
WARNING: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510- 2521. It contains information from the law firm of Hickey & Associates, P.C. which may be privileged, confidential and exempt from disclosure under applicable law. Dissemination or copying of this e-mail and/or any attachments by anyone other than the addressee or the addressee's agent is strictly prohibited. If this electronic transmission is received in error, please notify Hickey & Associates, P.C. immediately at (949) 614-1550. Thank you.

From: reva.wright
Sent: Tuesday, March 11, 2025 11:27 AM
To: John Milroy ; 'Ryan Phillips'
<[email protected]>; 'Krystal Cervantes' <[email protected]>; Josh Smisko
<[email protected]>
Adam Atamian' <atamiana@sanclemente.org>; 'Andy Hall' <[email protected]> Subject: Re: Inspection Re-Schedule
Hi Josh,
We still don't have answers to our 5 questions below. Simply telling us that this is how it's done for Broadmoor members is not adequate.

Again, without this information and a clear understanding of why anyone needs to enter Felicidad properties to conduct an undefined "investigation" rather than investigate the violating Delicada properties, we remain uncomfortable allowing strangers into our homes.

FYI, Two Homeowners that did allow Krystal and Linda (last name requested but still not provided) into their homes, found Linda to be argumentative and attempted to twist the 17' height limit into her own subjective assessment. Linda asked "which trees are blocking your view" as if she couldn't see them, and stated that they can't just go around cutting trees to 17 feet.

Just simply drive down Delicada. It's blatantly clear which properties have trees and foliage over the rooftop. There is not even a need for a measuring tape.

Felicidad Homeowners feel the HOA continues their game of deny, delay and avoid.

Regards
135 149 234
Reva Wright Buck
On Tuesday, March 11, 2025 at 10:13:43 AM PDT, Josh Smisko <[email protected]> wrote:

Felicidad Owners,
As I understand it, Compass doesn’t always know which Board or Committee member is available and when to attend. This is no different than a request that any Broadmoor member would receive for a similar issue.

Regards,
Joshua Smisko
Senior Counsel
HICKEY & ASSOCIATES, P.C.
27261 Las Ramblas, Suite 120
Mission Viejo, CA 92691
Tel: (949) 614-1550
Fax: (949) 748-3990
[email protected]
WARNING: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510- 2521. It contains information from the law firm of Hickey & Associates, P.C. which may be privileged, confidential and exempt from disclosure under applicable law. Dissemination or copying of this e-mail and/or any attachments by anyone other than the addressee or the addressee's agent is strictly prohibited. If this electronic transmission is received in error, please notify Hickey & Associates, P.C. immediately at (949) 614-1550. Thank you.

From: John Milroy >
Sent: Tuesday, March 11, 2025 8:35 AM
To: 'reva.wright' 'Ryan Phillips'
<[email protected]>; Josh Smisko
<[email protected]>; 'Krystal Cervantes'
136 150 235
137 151
am Atamian'
< [email protected]>
Subject: RE: Inspection Re-Schedule
Krystal,
We agree with Reva Wright. Since your response does not address Felicidad questions, 313 will not be available on Thursday.

Regards,
John Milroy
From: reva.wright >
Sent: Monday, March 10, 2025 12: 19 PM
To: Ryan Phillips <ryan@compasspropertymanagement com>; Josh Smisko <" • • • >· antes
clemente org>
Subject: Re: Inspection Re-Schedule
Krystal
your response does not address our questions.

As a resul~ ill not be available on Thursday.
236
Frankly, the homes in violation of the height restriction you should be "inspecting" are on Delicada. take care,
Reva Wright Buck
On Monday, March 10, 2025 at 11:45:35 AM PDT, Krystal Cervantes <[email protected]> wrote:

Good morning,
We answered the questions on 2/25 (attached). It is your prerogative not to participate so please let me know by 4:00pm on Wednesday, 3/12 if your home should remain on the list for inspection.

From:

Monday
reva.wright
, Mar
~
~
To: Krystal Cervantes <[email protected]>; Ryan Phillips <[email protected]>; Josh Smisko <"smisko hicke associates.net>
Cc:
am Atamian
a [email protected]>
Subject: Fw: Fwd: Inspection Re-Schedule
Hi Krystal
Per om previous 3 unanswered inf01mation requests to Compass, ( email strings attached), I have provided a little more clarity sw-rounding our questions:

1. Who exactly is to arrive at our homes?

1. Full name, affiliation and position
I am not comfortable allowing strangers into my home to conduct an unknown type of "inspection".

2. Exactly what is the purpose and what do they intend to do at om homes?

3. Why are the pictures which you previously requested, not adequate for your pUiposes? 238

1. Any pictures taken during “inspection”, should be approved by and provided to, the Homeowner

4. Why can you not simply drive down Delicada and easily see which trees are over the rooftop, which is the 17’ height limit?

1. The 17’ height limit (which is the roof height) is not subjective to anyone's assessment. It is a specific condition of approval surrounding roof, tree and foliage height. * For your convenience and in the event that anyone challenges the roof height, I have attached 2 letters from the City Planning Commission confirming to Felicidad Homeowners that all models were measured and rooftops measure within 16'10" and 17'1", which makes it quite obvious in identifying trees and foliage over the 17’ limit

1. Please see Exhibit 4

5. Why are you not addressing all the neighbors on Calle Felicidad?

1. Every Felicidad property was assured that the height limit would be observed by Broadmoor as well as the City Planning Director, and are entitled to enforcement without being subjected to invasive and unnecessary harassment
If a representative is unable to provide this information by end-of-day on Wednesday, please be advised that will not be available on Thursday.

Take care,
Reva Wright Buck
140 154
-
239
Sent from Yahoo Mail for iPhone
Begin forwarded message:

On Wednesday, March 5, 2025, 1:34 AM, reva.wright <r > wrote:
thanks Krystal
Per my 2 prior requests, please kindly respond to the questions below:

1. Who exactly is to arrive at our homes?

2. Exactly what is the purpose and what do they intend to do at our homes?

3. Why are the pictures which you previously requested not adequate for your purposes?

4. Why can you not simply drive down Delicada and easily see which trees are over the rooftop, which is the 17 ft height limit.

5. Why are you not addressing all the neighbors on Calle Felicidad? Regards
Paul Buck
Sent from my iPhone Sent from Yahoo Mail for iPhone
Begin forwarded message:

On Wednesday, March 5, 2025, 7:12 AM, Paul Buck
> wrote:

Sent from my iPhone
Begin forwarded message:

From: Krystal Cervantes
<[email protected]>
Date: March 3, 2025 at 6:36:15 PM GMT+1
To:

Subject: Inspection Re-Schedule
Good morning,
141 155 240
We have re-scheduled the inspection for those that
weren’t available on 2/27.

We will be at your properties to perform the requested
inspections on 3/13 starting at 9:00am.

This is the scheduled order:

Thank You,
Krystal Cervantes
Operations and Accounting Manager
Compass Property Management
302 N. El Camino Real, Suite #100
San Clemente, CA 92672
Office (949) 429-7717, ext. 234
Fax (949) 429-7718
www.compasspropertymanagement.com
We’re Hiring!
Join our team and be part of something great! We’re
looking for a talented Association Manager to grow
with us. To apply, please email me your resume or you
can apply here
https://www.linkedin.com/jobs/view/4108482432
142 156 241
Dear Homeowners,
Compass has been tasked to investigate reported tree violations as they have been conducted over the years with the homeowners of Broadmoor. When a complaint is filed, we, along with a Board member visit the site and verify the complaint. This is the first step in the violation process. Once confirmed the next step in the process is implemented per the Broadmoor governing docs. This is and has been the process for those in the Broadmoor community.

If you are not available at this time for the 2/27 date, we will have to get back to you on our next available date.

Thank You,
Krystal Cervantes
Operations and Accounting Manager
Compass Property Management
302 N. El Camino Real, Suite #100
San Clemente, CA 92672
Office (949) 429-7717, ext. 234
Fax (949) 429-7718
www.compasspropertymanagement.com
We’re Hiring!
Join our team and be part of something great! We’re looking for a talented Association Manager to grow with us. To apply, please email me your resume or you can apply here https://www.linkedin.com/jobs/view/4108482432
From: Paul Buck
Sent: Tuesday, February 25, 2025 1:29 PM
To: Krystal Cervantes <[email protected]> 143 157 242
Cc: Reva Wright Buck Paul Buck
>; Ross Peterson <r >; John Milroy
; Antonia Sipes <t >
Subject: Re: Inspection Scheduled
Thank you Krystal:
is not available on February 27th.

We have a few questions:

1. Who exactly is to arrive at our homes?

2. Exactly what is the purpose and what do they intend to do at our homes?

3. Why are the pictures which you previously requested not adequate for your purposes?

4. Why can you not simply drive down Delicada and easily see which trees are over the rooftop, which is the 17 ft height limit.

5. Why are you not addressing all the neighbors on Calle Felicidad? Thank you in advance for your responses. Please confirm receipt of this message.

Regards
Paul Buck
Sent from my iPhone
On Feb 25, 2025, at 9:22 PM, Paul Buck > wrote:

Sent from my iPhone
144 158
-
243
Begin forwarded message:

From: Krystal Cervantes
<[email protected]>
Date: February 25, 2025 at 9:05:25 PM GMT+1
To: Paul Buck >,
Ross Peterson , John Milroy
>, Antonia Sipes
Subject: Inspection Scheduled
Dear Homeowners:

We will be at your properties to perform the requested inspections on 2/27 starting at 9:00am.

This is the scheduled order:

Thank you for your cooperation.

ARTICLE X
CENI•:ML J?ROVIS IONS
11 1 I 224PG 604
Sccl:ion l. Duration. The covenants, conditions and
r.e:strictions of this Declaration shall run with and bind the real property within 01."0admocn· San Clemente, and shall inure l:o the oonef it of and be enforceable by the Association, or the Owher.s, including Dev<'!loper, of anY. I.ot Gubject t:o this Deola•• r.a tion, their respective legal representatives, heirs, successors, and nss.igns, and are imposed upon the real property within 13.roadmoor San C.lcmente as a servitude in favor of each· anti every parcel of l,md therein as a dominant tenement, for a term <>f t:wcn t~• ( 20) years f.rom the date this Declaril tion is recorded, after which time said covenant:s, conditions and restrictions shall be automatically extended for successive periods of ten (10) ye.us, unless an instrument, signed by a majority of the then Owne1.·s of t11e Lots, has been recorded \dtlt tllc Orange County riecorde.r, agrceirlg to change said covenants, conditions and restrictions in whole or in part.

Section :? . >.snendment. The covenants, conditions and restrictions of this Declarati011 may be amended by an instrument in wr.iting signed by not l~ss than the Owners of three-fourths (3/,t) of the f:Dts: provi.de<l that Article VII, Section 22 of this 1,ecl.aration shall not be amended without the consent of the City Council of San Clemente; and provided .further that until 1980, Article lI hereof may not be amended without the consent of Developer. i\ny amendment must be properly recorded.
s,~ction 3. Notices, .i\ny notica required to be sent to 11ny Member or Owner under the provisions of this Declaration shall b~ deeR1ed to have been properly sent \-1hen mailed, postage prepaid, ID the last known add>:es!1 of the person who appears as t,tembcr or Owner on the rccoJ:C.ls of the Association at the time of such mailing.

Secl~on 4. Enfo1.-cement. Violation or breach of any
c-.ov(:)niJnt ;-T:oridT'ffon or i.:estrl.ction herein contained shall give to the Ocvclo per, so long as it is an Owner of ;it least twentyf .i va percont (2S'!d of the r,ot-.9, or the Association, the right lo <mt.er upon the pro1)<'1:ty upon or. "$ to ,~hich said violation or brc,"'l.c:h c x Ls t :; .:.nd ~o m1r.:111al.'.i l.y abate a1ld 1:emove, at tho ox• pen!,e of the Otmer theroof. , any structure, thing or oonrlition thilt may exi.st thereon contrary to the intent and meaning of tho provisions hereof, .ind/or shall give t:o the Association or th~ owner of olny LOt, includi r>eveloper, the right to rosecuto a pr oc e eding at l,1\\1 or in ~quit.y ,1gainst the person or per- sons who have·violated or are attempting to violate a ny of these eov,manti;, conditionr. nr. restrictions to enjoin orp revent them c rom rlo in<J ::.o, to c.:iuse said viola.Lion to ba 1.·emcdied or to recovcr-lLl.ma.gos for said violation.

The rcsul t ot: every action or omission whereby any covenant, condition or restriction herein contained is violated in whole or in par:t is hereby d~:clarcd to be nnd to cons ti tutc a nui::.ance, and ev11ry 1:emady allowed by law or equity against an owner, either public or priv.t te, shall be applicnble against c.vfi:ry such result and nny be ~xercisetl by the Association or any Owner, including Developer, subject to these restrictions. ·18-
GARR146
Ex 16-18
246
148 162
I _': .

BK I 1224PG 604

ARTICLE X
GE EML P.ROVISIONS
Section 1 . Duration . Tl'l covenants, onditions and
r<::strictions of t h is DeclaratiOl\ s h a ll run with and bind the real property within Droadtr.oor San Cl emente, and .shall inure l:o t he benefit of and b~ enf.oxceabl.e by the Association , or the Owhers, incl uding Developer , of any Lot subject to th.is Deola·· r,1 tio n, t heir respective l aga.l re pres en ta tives, heirs, succes- sors, and nssi gns, a,d re imposed upo n the real property withi n n.roadmoor San Clement e s a serv i ude i n favor of ea ch· and every parcel of 1. nd t here in as a dominant tenement , for a ter m o f twenty (2 0 ) ~•ears f rom the dat t h i s Declar.:ition is r corded , < ft e.1: which t ·roe said coven.ant.s, conditions and restrictions s hall be automati c a l ly exl:.e nd e<l for successive pe·riods of ten (10) ye::tr!t, u nless nn i n trument, signed by a majority o f the t hen Owners of t11e Lol:s, has been recorded wi t h· the Orange Cou nty Recorder , agrce ' ng to change sa.id covenants, conditions and restrictions i n ·,thole or J. n part .
. cctJon 2 . ~mendment Th covenants, conditions an
·cst.ric tion:, of this Deel ratio1t may be amended by an instrument .1 n wr.it:in<J signed by not less than the Owners of three-fourths ()/ti l of the Lots: prnvi.de<l that i\rticle VII, Section 22 of this Declarution shall 1ot. be amended without the consent of the Cit buncil of San Clomonte; and provided ·urther that until 980, rtic.Le 11 her.co may not be amended without the consent of cvcl ope.1: . ny Jmendment must be lropcrl recorded.

Section 3 . No t ices . l\ny 11otic e required. to be !';ent t.o any Member or Owne.r u.nder the prov isiot s of t h is Decla.ra tion s h::ill b,1 (leem d o have been properl y sent when il d, postage prepaid , to the l s t k1 own ddress of t he person who appears as t,lembcr. or O\•mer on the rcco.r<ls of the Association t t he time of such mailing . •
e t~ion 4. En .forc ement . Violation or breach of any
coven · n t :-COndition or 1.:ostri ction herein contained s hall give to the Deve loper, so long as i.t i s an Owner of a t least twentyf ivm percent (25.) of t he Lots, or the Association, the right ent.cr upon the rro1x: i: ty upon or. ,1:; to 1"11ich said violc1tion or br:c tt<.:l\ u .·ir.t.:; .;;n s~1m11aL':l ly ab.:1.t.e Qn t·cmove, at tho expen!;e of the Owner therP.of. , any structure , thing or condition hat muy exist thereon conl:rary to the intent anc meaning of ho provisio1 s hereof, und/oi: shall give to the Association a the owner of 1w LOt, includin Developer, the right to prosecute a roccc<l.ing at law or in equity against the person or perrons who have vio l ated or ure attempting to violate any of these covenants, conditions or restriction :o e n join or prevent them rom doing :::;o, to c.il1se said violation to be remedied or to recover uarn,11JcS for sai<l violiltion .

Tic re s ult of ever action or omission whereby any covennnt, condition or r cstr-iction herein contai ned is violated .in 11hole or i n pa r t .i.s he r e by decJ.anid to be and to constitu te a nuic.:rnce, a ncl ever, 1:emedy allowed by law or equity agai nst an Owner, e itl1cr public or pr:i.vate , sh 11 be applicable gainst every sue I result and may be exercise<l by the Association or a n y Owner, inc luding Deve loper, subject to these rcst:.rictions. -1.8 -
GARR146
Ex 16-18
247
149 163
- ., ::/\~-1~i:~:~X.~f;t~t'.:}F~::_
Bi I I 224PG 60 f
e rt! 01.· a ny earth 9 1bGt nee or other mineral of ny kind, No mac hine ry o r equi pment of any kind r,hall be placed , oper ated or maint<1ined upon ny Lot on which is situated a s ingle-family dwe l i n9 , except such achine ry or equip1ne nt as i s usual and customary 1n connection with t.he use and maintenance of pr ivate residence .

Sect.ton 21. During r easonable hours and after reasonable notice, tiny agent of Developer , so long I\S it i s n O~rn e r of a t least twenty- five per c e n t (25% ) of the Lots, or the Associfttion, sh.:i l l h ve the right t o e nter upon and i nspect Broad- moor S n Clemen te or any por tion t hereof and the improvemen t s thereon for the purpose of ascert a ining whethar or not t.he pro vi.:iions of t h is Declaro~ion are bieng complied with nd shall no t be deemecl guilty of t r espass b y reasons thereof.

Section 22 . No building, s tt"uc ture, iinprovernent or addition (cxcltidln ch1.101cy- .:rnd i:oof vent shall be constructe , e rect0d, a.J. tc.: rcd, !?L1cetl or permit t ed to remain on any portion l3roadmoor ~j n Cl,,inente which . exceeds one story in height 1,1ith a maximUITl height of 17 feet . Uo tree , bush or sh rub shall be pL1ced or maintained 1Jpon any Lo t de.scribe d in Bxhi.bi t "C" , a.ttache hereto an i ncorpora ted herein by reference, whic exceeds 17 f eet i 1eight or upon any other Lot i n 8roadmoo · S.:in Clemon te which exc eeds 20 f ct i n height .

ARTICLE '!III
DUTIES Alm POWERS OF THE JI.SSOCll\'rIO l
Section l. In addition to the duties a.nd oowers e numerated i n 1ts .i\rticles and By-Laws , or P.1.sew)'le re provided for h~re·n, .ln d wi t hou t limi ti ng the genera l itie s t h e r e of , t he Association s h all :
(,) !1a intain, or cause to be ma i n tained, t he
slope ar e as mo re particularly described i n 8xhibi t " B" ( " lope Contxol Ar.eos " ) an d 11 l ndscaping t here on , as originall y improved by Developer , .in ,l neat , safe, sanitar y and orderly co11 - d i t i on (i nc l ud ·ng t he replaceJ111~nt of. l andscn!)ing when necessar~ or appropriate) and in s~ch a manner as t o e nhance their appearance and t o pr.eserv establ ished slope ratios, prevent eros i on and s lidi ng problems, and fa c i litate the orderly discharge of w,.\ter throu gh established drainage s ystems;
(b} Enfor ce the provisio ns o f this Declaration
by approprin.tc~ 1ne ns, i 11c l uding without l i mita t ion, the expenditu re of f unds of the Association, t he e mp l oyment of legal counsel nd' U e commencement of acti ons;
(c) Mai ntdin such policy or policies of i nsurance
a s the Bo~rd of the hssociati on deems necessary or desirable i n f urtheri ng the purposes of and protect i ng the i n terests of t he Ass ocia tion Md its /•embers ; and
-.1.5-
• V -1 ' •- · ' •
GARR143
Ex 16-15
248
March 12, 2025
City of San Clemente
City Council
910 Calle Negocio
San Clemente, CA 92673
Over the past decade, the Felicidad Homeowners have requested Delicada Homeowners and the Broadmoor HOA to comply with City imposed Conditions of Approval requiring a height limit of 17 feet on trees, bushes and shrubs. They have consistently refused to comply or even engage with Felicidad Homeowners.

On November 19, 2024, the Council unanimously found that Broadmoor has failed to enforce its tree height restrictions on Delicada which the City imposed as a Condition of Approval 50 years ago. The Council also agreed that enforcement should be turned over to the City or a 3rd party, such as Felicidad Homeowners. The Council agreed to table their decision to a future meeting to allow Broadmoor and Felicidad Homeowners the opportunity to meet and hopefully come to a resolution without Council intervention. Despite multiple communications from Felicidad offering several available dates to meet, Broadmoor never responded.

Instead, Broadmoor took two months to devise a unilateral, and invasive process with unrealistic timeframes of 60 to more than 180 days. And that’s only IF the HOA agrees that a significant violation exists. “Smisko HOA process to Felicidad 2-4-25” Seventeen feet is not subjective. It is the roof height and a quick drive down Delicada easily reveals which properties have trees and foliage above the rooflines. No tape measure is even needed - See roof top compliance confirmation from City Planning Director “Exhibit 4 – letters to and from City Planning confirming height limit” We anticipate that Broadmoor may attempt to justify their inaction by claiming:

1. That Felicidad residents have refused access to their homes for mandatory inspections. x No such access is required to determine whether trees exceed the 17-foot height limit

2. That impacted views are subjective, despite the explicit language of Section 22, which imposes a clear height limit without any conditional view-based qualification.

3. That the height restriction is open to interpretation, which is an attempt to circumvent the straightforward enforcement of the rule.

Broadmoor’s management company has repeatedly failed to answer our clear and straightforward questions regarding their “required” home investigation. x “Compass 2-25-25 Felicidad requesting info”
x “Compass 3-4-25 Felicidad requesting info”
x “Compass no response to questions 3-10-25”
x “Smisko demand to inspect or no compliance 3-11-25”

150 164 249
“Broadmoor CCR Section 22” does not condition height limitations on view impacts, nor does it require intrusive inspections inside private homes to determine Broadmoor compliance.

Broadmoor’s stance appears to be an effort to make enforcement discretionary rather than mandatory, in direct contradiction to the governing regulations.

Furthermore, Section 22 cannot be amended without City approval, as stipulated in Section 2, “Broadmoor Section 2 and 4”. Broadmoor’s failure to enforce these provisions not only undermines the integrity of these regulations but also disregards the City’s authority in maintaining compliance.

If Broadmoor had genuine good-will, instead of causing further distress for Felicidad, they would have already implemented very simple and effective steps:

1. Issued "out of compliance" letters to Delicada offenders

2. If, after 2 weeks the offenders were still in violation, the HOA would have sent the HOA gardeners to cut the palms and vegetation to the required 17 feet The Association, and the City, has a right to enter upon the property and remove any structure or condition creating a violation
“Broadmoor CCR Enforcement article X section 4”
At the November 19 Council meeting, Mr. Smisko failed to acknowledge Broadmoor’s ineffective enforcement efforts, which amount to a negligible $100 monthly fine - insignificant for properties valued at over $2 million. Given the low home turnover on the Hill, most homeowners remain unaffected by such a nominal penalty. Even if Broadmoor places a lien, accrued fines can simply be settled upon the eventual sale, often after the homeowner’s passing, making enforcement virtually meaningless.

Broadmoor continues to disregard the interests and concerns of Felicidad Homeowners by deliberately failing to collaborate with Felicidad on a formal, documented agreement, and filed with the City.

Furthermore, the Management Company has not engaged with all Felicidad Homeowners. The height limit applies uniformly to every Felicidad property, regardless of whether a formal complaint, photographic evidence, or a Broadmoor-led inspection has been submitted. “Exhibit 4 – Letters to and from City Planning Confirming Height Limit”.

Felicidad is not an Association, we do not have a general fund, nor do we have lawyers at our disposal. We are individual Homeowners, and we should neither bear the burden of enforcement nor incur any cost to mitigate Broadmoor’s intentional violations.

Without City enforcement, Broadmoor and specifically Delicada Homeowners, currently have no compelling reason to ever comply with the 17 foot CC&R height restriction.

Broadmoor has demonstrated that it is either incapable or unwilling to enforce its tree height limitations as required by the City-imposed Conditions of Approval. The City’s focus should now be on swift compliance.
151 165 250
Given the continued delay tactics and the detrimental effect the ongoing non-compliance has had on the financial value of Felicidad properties, we respectfully request that the Council expedite City enforcement of the Broadmoor height limit, without further delays.

Respectfully submitted,
Paul and Reva Buck
152 166 251
City of San Clemente Code Compliance
Danielle Sorahan, Code Compliance Manager
Phone: (949) 361-8200
[email protected]
June 26, 2024
VIA CERTIFIED MAIL AND EMAIL AT [email protected] Broadmoor San Clemente Homeowners Association
Attn: Ryan Phillips, Agent for Service
1505 Corporation
Compass Property Management Corporation
302 N. El Camino Real, Suite 100
San Clemente, CA 92672
Subject: Demand for Compliance with CCRs Regarding Tree Heights Dear Broadmoor Homeowners Association,
As the Code Compliance Manager for the City of San Clemente, I am writing to address a matter concerning compliance with the Covenants, Conditions, and Restrictions (CCRs) of the Broadmoor community.

Facts:

Page 2 ends

Demand:

Consequences:

Thank you in advance for your prompt attention to this matter.

Sincerely,
Danielle Sorahan
Code Compliance Manager
City of San Clemente
Danielle Sorahan
154 168
1 V) i
253
155 169
Re: Inspection Scheduled
Paul Buck
Subject
From
To: Krystal Cervantes
<[email protected]>
Cc:

Date Feb 25 at 1 :29 PM
Thank you Krystal:
e erson
John Milroy
nia Sipes
is not available on February 27th.

We have a few questions:

1. Who exactly is to arrive at our homes?

2. Exactly what is the purpose and what do they intend to do at our homes?

3. Why are the pictures which you previously requested not adequate for your purposes?

4. Why can you not simply drive down Delicada and easily see which trees are over the rooftop, which is the 17 ft height limit.

5. Why are you not addressing all the neighbors on Calle Felicidad?
Thank you in advance for your responses. Please confirm receipt of this message.

Regards
Paul Buck
Sent from my iPhone
Show trimmed content
254
156 170
Subject Fw: Fwd: Inspection Re-Schedule
From reva.wright
To: Krystal Cervantes
<[email protected]>
Cc:

Date Mar 4 at 1 0:34 PM
thanks Krystal
Per my 2 prior requests, please kindly respond to the
questions below:

1. Who exactly is to arrive at our homes?

2. Exactly what is the purpose and what do they intend to do at our homes?

3. Why are the pictures which you previously requested not adequate for your purposes?

4. Why can you not simply drive down Delicada and easily see which trees are over the rooftop, which is the 17 ft height limit.

5. Why are you not addressing all the neighbors on Calle Felicidad?
Regards
Paul Buck
Sent from my iPhone Sent from Yahoo Mail for iPhone
Begin forwarded message:

On Wednesday, March 5, 2025, 7:12 AM, Paul Buck
> wrote:

Sent from my iPhone
Begin forwarded message:

From: Krystal Cervantes
<[email protected]>
Date: March 3, 2025 at 6:36:15PM GMT+1
To:
255
Subject: Inspection Re-Schedule
Good morning,
We have re-scheduled the inspection for those that
weren’t available on 2/27.

We will be at your properties to perform the requested
inspections on 3/13 starting at 9:00am.

This is the scheduled order:

Re: Inspection Re-Schedule
reva.wright ->
Ryan Phillips
Krystal Cervantes
<[email protected]>
Cc:
ndy
Hall <[email protected]>
Date Today at 12:19 PM
Krystal
your response does not address our questions.

As a result, -will not be available on Thursday.

Frankly, the ~es in violation of the height restriction you should be 11 inspecting II are on Delicada.
take care,
Reva Wright Buck
257
On Monday, March 10, 2025 at 11:45:35 AM PDT, Krystal Cervantes <[email protected]> wrote:

Thank You,
Krystal Cervantes
Operations and Accounting Manager
Compass Property Management
302 N. El Camino Real, Suite #100
San Clemente, CA 92672
Office (949) 429-7717, ext. 234
Fax (949) 429-7718
www.compasspropertymanagement.com
We’re Hiring!
Join our team and be part of something great! We’re looking for a talented Association Manager to grow with us. To apply, please email me your resume or you can apply here
https://www.linkedin.com/jobs/view/4108482432
From: reva.wright
Sent: Monday, March 10, 2025 10:22 AM
To: Krystal Cervantes
<[email protected]>; Ryan Phillips
159 173 258
yy g y
<[email protected]>; Josh Smisko
<[email protected]>
Cc:
; Adam Atamian <atamiana@sanclemente.org>; Andy Hall <[email protected]> Subject: Fw: Fwd: Inspection Re-Schedule
Hi Krystal
Per our previous 3 unanswered information requests to Compass, (email strings attached), I have provided a little more clarity surrounding our questions:

1. Who exactly is to arrive at our homes?
Full name, affiliation and position
I am not comfortable allowing strangers into my home to conduct an unknown type of “inspection”.

2. Exactly what is the purpose and what do they intend to do at our homes?

3. Why are the pictures which you previously requested, not adequate for your purposes?
Any pictures taken during “inspection”, should be approved by and provided to, the Homeowner

4. Why can you not simply drive down Delicada and easily see which trees are over the rooftop, which is the 17’ height limit? The 17’ height limit (which is the roof height) is not subjective to anyone's assessment. It is a specific condition of approval surrounding roof, tree and foliage height.
* For your convenience and in the event that anyone challenges the roof height, I have attached 2 letters from the City Planning Commission confirming to Felicidad Homeowners that all models 160 174
•
•
•
259
Commission confirming to Felicidad Homeowners that all models were measured and rooftops measure within 16'10" and 17'1", which makes it quite obvious in identifying trees and foliage over the 17’ limit
Please see Exhibit 4

5. Why are you not addressing all the neighbors on Calle Felicidad? Every Felicidad property was assured that the height limit would be observed by Broadmoor as well as the City
Planning Director, and are entitled to enforcement without being subjected to invasive and unnecessary harassment
If a representative is unable to provide this information by end-ofday on Wednesday, please be advised that will not be available on Thursday.

Take care,
Reva Wright Buck
Sent from Yahoo Mail for iPhone
Begin forwarded message:

On Wednesday, March 5, 2025, 1:34 AM, reva.wright
< > wrote:
thanks Krystal
Per my 2 prior requests, please kindly respond to the
questions below:

1. Who exactly is to arrive at our homes?
161 175
•
•
-
260
162 176

2. Exactly what is the purpose and what do they intend to do at our homes?

3. Why are the pictures which you previously requested not adequate for your purposes?

4. Why can you not simply drive down Delicada and easily see which trees are over the rooftop, which is the 17 ft height limit.

5. Why are you not addressing all the neighbors on Calle Felicidad?
Regards
Paul Buck
Sent from my iPhone Sent from Yahoo Mail for iPhone
Begin forwarded message:

On Wednesday, March 5, 2025, 7:12 AM, Paul Buck
wrote:

Sent from my iPhone
Begin forwarded message:

From: Krystal Cervantes
<[email protected]>
Date: March 3, 2025 at 6:36:15 PM GMT+ 1
Good morning,
We have re-scheduled the inspection for those that weren't available on 2/27.

We will be at your properties to perform the requested inspections on 3/13 starting at 9:00am.

This is the scheduled order:
261
Thank You,
Krystal Cervantes
Operations and Accounting Manager
Compass Property Management
302 N. El Camino Real, Suite #100
San Clemente, CA 92672
Office (949) 429-7717, ext. 234
Fax (949) 429-7718
www.compasspropertymanagement.com
We’re Hiring!
Join our team and be part of something great! We’re looking for a talented Association Manager to grow with us. To apply, please email me your resume or you can apply here
https://www.linkedin.com/jobs/view/4108482432
Dear Homeowners,
Compass has been tasked to investigate reported tree
violations as they have been conducted over the years
with the homeowners of Broadmoor. When a complaint
is filed, we, along with a Board member visit the site and verify the complaint. This is the first step in the violation process. Once confirmed the next step in the process is implemented per the Broadmoor governing docs. This is
and has been the process for those in the Broadmoor
community 163 177 262
community.

If you are not available at this time for the 2/27 date, we will have to get back to you on our next available date.

Thank You,
Krystal Cervantes
Operations and Accounting Manager
Compass Property Management
302 N. El Camino Real, Suite #100
San Clemente, CA 92672
Office (949) 429-7717, ext. 234
Fax (949) 429-7718
www.compasspropertymanagement.com
We’re Hiring!
Join our team and be part of something great! We’re looking for a talented Association Manager to grow with us. To apply, please email me your resume or you can apply here
https://www.linkedin.com/jobs/view/4108482432
From: Paul Buck
Sent: Tuesday, February 25, 2025 1:29 PM
To: Krystal Cervantes <[email protected]> Cc: Reva Wright Buck
Paul Buck Ross Peterson
; John Milroy
Antonia Sipes
Subject: Re: Inspection Scheduled
164 178 263
165 179
Thank you Krystal:
- is not available on February 27th.

We have a few questions:
1 . Who exactly is to arrive at our homes?

2. Exactly what is the purpose and what do they intend to do at our homes?

3. Why are the pictures which you previously requested not adequate for your purposes?

4. Why can you not simply drive down Delicada and easily see which trees are over the rooftop, which is the 17 ft height limit.

5. Why are you not addressing all the neighbors on Calle Felicidad? Thank you in advance for your responses. Please confirm receipt of this message.

Regards
Paul Buck
Sent from my iPhone
I On Feb 25, 2025, at 9:22 PM, Paul Buck
wrote:

Sent from my iPhone
Begin forwarded message:

From: Krystal Cervantes
<[email protected]>
Date: February 25, 2025 at 9:05:25 PM GMT+ 1
, Paul Buck
>
264
Subject: Inspection Scheduled
Dear Homeowners:

We will be at your properties to perform the requested
inspections on 2/27 starting at 9:00am.

This is the scheduled order:

Thank you for your cooperation.

DECLARATION OF ALAN JAY RICE
I, Alan Jay Rice, make the following statements based on my own personal knowledge of the facts and circumstances stated herein:

1. I am a long-time resident of the City of San Clemente. I have lived in my home, located at 301 Calle Felicidad, San Clemente, since 1968.

3. In the early 1970s, there was no development on the land located below Calle 11 Felicidad, where the Broadmoor community is now located. This land was previously an old 12 landslide complex with coyotes, deer and other wildlife wandering over the open brush and hills. 13 4. Because there was no development downhill, the homes on Calle Felicidad had an 14 unobstructed, clear view of the ocean and coastline, including scenic views of the Dana Point 15 Harbor and Catalina Island.
16 17
18 19
20 21
22 23
24 25
26 5. Shortly after I purchased my home, Landmark Financial Group wanted to build two-story single-family residential homes on tracts located downhill from Calle Felicidad.

6. A group of neighbors on Calle Felicidad that were concerned with protecting the existing community from ill-planned developed formed a group known as the ''Rancho Margarita Associates". The group's objective was to prevent any negative impacts of new development on their existing community.

7. The Rancho Margarita Associates group became well known to City officials and included approximately 65 members, including myself, Susan P. Rice, William Kerns, Fred • Keeler, Frank and Maryanne Dreher, Richard and Karoline Koester, Bob and Jody Dilworth, Bob and Joan Kahrs, and Donald and Sally Sargent.

8. Our group of neighbors organized to ft le petitions and comment letters with the 27 Planning Commission and City Council in order to express our concerns about de elopment of 28 the downhill tract

DECLARATION OF ALAN JAY RICE
267
169 183
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

9. Eventually, Landmark Financial Group lost its option to develop the property and Broadmoor acquired the option. Broadmoor subsequently began plans to seek approvals for development of the Broadmoor community, which would include 225 homes to be located on tracts downhill from Calle Felicidad.

10. I personally attended many Planning Commission and City Council meetings where City officials considered approvals for the Broadmoor community.

11. During the period between late 1973 and early 1974, various Broadmoar officials tactfully approached every resident living on Calle Felicidad to explain their plans to build homes below Calle Felicidad.

12. The Broadmoor representatives included: Richard B. Smith (founder), Larry Lizotte (Senior Vice President), Dennis Bickler (Director of Property Acquisition and Assistant Division Manager), S. Reid Gustafson (Vice President and Division Manager), RF. Osgood (Senior Vice President and Secretary), Don Corbin (architect at Morris & Lohrbach Architects), and John Hazeltine.
13 . Broadmoor knew that it needed our support in order to get the City's approval for the Calle Delicada homes. There were several meetings between the Broadmoor officials and the Calle Felicidad homeowners, many of which took place in our homes. Through this series of meetings, many compromises were made to the satisfaction ofBroadmoor and the Calle Felicidad residents.

14. We emphasized to Broadmoor that our existing ocean and coastal views were extremely valuable and needed to be preserved if any new homes were to be built.

15. One of the issues Broadmoor encountered was the narrow sizes of the proposed Calle Delicada Jots. The dimensions ofBroadmoor's original plans did not comply with the· City's Code requirements.

DECLARATION OF ALAN JAY RICE
268
170 184
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1 17. Broadmoor also sought to gain additional area for the lots by asking the Calle 2 Felicidad homeowners to agree that a sidewalk that was supposed to be developed on Calle 3 Delicada could be eliminated.
4 18. City staff did not support deleting the required sidewalk between Calle Felicidad 5 and Calle Delicada.
6 19. Many of the Calle Felicidad homeowners submitted a petition to the City Council 7 that allowed this sidewalk to be elim· at~.d so Broadmoor could gain. the land re.quired to develop 8 the 19 additional lots on Calle Delicada. The City agreed to allow the deletion in response to the 9 Calle Felicidad homeowners' request.
10 20. In return, Broad moor went out of their way to assure Calle Felicidad homeowners 11 that our panoramic views would be preserved and protected despite the construction of the new 12 downhill homes. We were repeatedly assured by Broadmoor that our views would not be 13 obstructed or compromised in any way by the development of the Calle Delicada properties. 14 15
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24 21 . During the meetings with Broadmoor, the Calle Felicidad residents agreed to the following concessions in favor of Broadmoor:

11. We agreed to sign waivers for the City to eliminate the construction of a sidewalk at the foot of our slopes on Calle Delicada, which allowed Broadmoor to gain· land it needed for the new lots to be approved.
25 22. In exchange for the concessions granted by the Calle Felicidad homeowners, there 26 were two primary concessions granted and guaranteed by the Broad moor officials:
27 1. There would never be any two-story homes built in the Broadmoor community that 28 would interfere with the views of any Calle Felicidad resident.

DECLARATION OF ALAN JAY RICE
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23. Broadmoor entered into agreements with myself and other homeowners who provided authorization for Broadmoor to regrade our individual slope areas. This would allow Broadmoor to have additional area for the proposed lats an Calle Delicada because the work involved reconfiguring our existing slope into a steeper angle with a more abbreviated top.

24. I entered into the attached agreement to authorize grading with Broadmoor on February 16, 1974.

25. The process to regrade our slopes was a significant undertaking that involved heavy earthmoving equipment and extensive construction work in our back yards. I took pictures to show the extent of the grading work, attached hereto.

27. The City knew about, and was involved in, negotiations between Broadmoor and the Calle Felicidad homeowners, that resulted in Broadmoor's agreement to include a height limitation on the Calle Delicada homes. The City also imposed the height limitation as a condition of approval in connection with its approval of the Calle Delicada homes.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

DECLARATION OF ALAN JAY RICE
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DECLARATION OF ALAN JAY RICE
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28 DECLARATION OF CECILIA GALLARDO-DALY
I, Cecilia Gallardo-Daly, make the following statements based on my own personal knowledge of the facts and circumstances stated herein:

1. I am the Community Development Director for the City of San Clemente.

2. As the Community Development Director, I am familiar with the City's process for approving development projects, and am familiar with its process of imposing conditions of approval on such development projects. I am also familiar with the City's Municipal Code.

3. Attached to this declaration as Exhibits 1, 2, and 3 are true and correct copies of Planning Commission Minutes from March 14 and November 28, 1973, and City Council minutes from January 7, 1976, from the City's files related to the City's 1970s approval of the Broadmoor Community ("Broadmoor") housing project reflecting meetings held by the City.

4. It is a common practice of the City to impose conditions of approval before approving a project. These conditions are found in the City's files for a project, and are, from time to time, also required by the City to be contained in the project's Covenants, Conditions and Restrictions ("CC&Rs"). The City imposed conditions are meant to benefit the public, to sometimes specific members of the public who may be or are specially impacted by the project, and to mitigate development impacts in general. This was the ca e for the Broadmoor project for which, as part of the approval the City imposed a height restriction that all home be ingle story and no higher than 17 feet, and a 17 foot height restriction on trees, bushe and hrub .

One of the purposes of this condition and restriction was to provide a protection in re pon e to concerns raised by the homeowners on Calle Felicidad over view shed and other impact of the development on their existing homes.

5. The developer accepted these conditions of approval and later signed off on a Supplementary Declaration of Covenants, Conditions and Restriction· for the 19 lots on Calle Delicada, which, in Section 3, include a 17 foot height restri tion on structure and a 17 fi ot height restriction on trees, bushes and shrubs: "Section 3. No building, tructure, improvem nt or addition (excluding chimneys and roof vents) shall be con tru ted, re t d, alter d, pla d r permitted to remain on any portion of the Property which e ce ds one tory in h ight with a 272
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28 maximum height of 17 feet. No tree. bush or shrub shall be placed or maintained upon ( i) any Lot described in Exhibit ·•A''. altached hen:to and incorporated herein by reference. which exceed 17 feet in height or (ii) upon any other Lot in the Property which exceeds 20 feet m height.''

6. By and through the Broadmoor CC&Rs. the City also retains an interest in and abi lity to enforce the provi ion therein. Article XII of the CC&Rs. titled .. Powers of City of San Clemente." gives the City the right to exercise any right. and power grnnted to the Broadmoor Association under the declaration.
1 declare under penalty of perjury under the law of the State of California that the foregoing i true and correct.

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DECLARATION OF LAURENCE R. LIZOTTE
Michael L Tidus, Bar No. 126425
[email protected]
Gregory R. Regier, Bar No. 193571
[email protected]
Brittany A. Ortiz, Bar No. 305775
[email protected]
JACKSON TIDUS, A Law Corporation
2030 Main Street, Suite 1200
Irvine, California 92614
Tel: (949) 752-8585; Fax: (949) 752-0597
Attorneys for Plaintiff
Paul Buck

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF ORANGE – CENTRAL JUSTICE CENTER
PAUL BUCK, an individual,
Plaintiff,
vs.

ANGELO GARRUBA and LISA
GARRUBA and DOES 1 to 20,
Defendants.

CASE NO. 30-2019-01086744-CU-BC-CJC
Assigned to Hon. John C. Gastelum
Department C-11
DECLARATION OF LAURENCE R.

LIZOTTE
Complaint filed: July 29, 2019
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DECLARATION OF LAURENCE R. LIZOTTE
DECLARATION OF LAURENCE R. LIZOTTE
I, Laurence (Larry) R. Lizotte, currently residing at 23972 Paseo Del Campo, Laguna Niguel, CA 92677, make the following statements based on the best of my personal knowledge of the facts and circumstances stated herein:

1. I have read the “DECLARATION OF SALLY SARGENT executed on October 6, 2020” (attached Exhibit 1), and the “DECLARATION OF ALAN JAY RICE on May 16, 2020” (attached Exhibit 2), and declare that both documents reflect my recollection and understanding about the negotiations, agreements and conditions of approval among the City of San Clemente (“City”), Broadmoor Homes, Inc. (“Broadmoor”), and the Calle Felicidad neighbors about the approval of the Broadmoor homes on Calle Delicada.

2. I was the Senior Vice President of Broadmoor, which developed the Broadmoor Community during the 1970s. I was the key individual working with the City to obtain approval to build homes on Tract 8162, the greater Broadmoor development, and more specifically Tract 8963 which represents the 19 houses on Calle Delicada and their common areas.

3. Initially, we encountered considerable resistance to our planned development from a group of residents on Calle Felicidad which is the adjacent street to the Broadmoor tract development and directly uphill from Calle Delicada. The group was known as the “Rancho Margarita Associates” and they were very concerned about the impact that the Broadmoor development would have on their ocean and coastal views and other aspects such as housing density, architectural size and style and other factors that could negatively impact these Felicidad residents.

4. The Felicidad residents regularly attended City Planning Commission and the City Council meetings and voiced their concerns when issues about the Broadmoor development of tracts 8162 and 8963 were being considered. I and my Broadmoor colleagues also attended these meetings. Sally Sargent, who was one of the homeowners representing the Felicidad residents, was a vocal participant at these meetings and was well known to me. ///
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DECLARATION OF LAURENCE R. LIZOTTE

5. There were several meetings between me, my colleagues at Broadmoor and the Felicidad residents. One such meeting was held on November 27, 1973, at the home of Sally Sargent, at 203 Calle Felicidad. (See p. 6 of the San Clemente Planning Commission Minutes of November 28, 1973, attached as Exhibit 1.) Through this meeting and others, compromises and concessions were negotiated to the satisfaction of Broadmoor, the Felicidad homeowners, the City’s Planning Commission and the City Council. These included (1) the regrading of the Felicidad backyard slopes and (2) the elimination of the sidewalk requirement on the east side of Calle Delicada in order to gain more platform area to meet City Ordinance requirements to build the Delicada houses. These concessions were agreed to in exchange for permanent Delicada height restrictions so as to preserve views from Calle Felicidad.

6. I was present at the January 7, 1976, City Council meeting where the tract map for Tract 8963, (Delicada) was finally approved. Sally Sargent asked for assurances that certain provisions in the final map approval requiring various restrictions be contained in the CC&R’s when recorded with the County so that the City, San Clemente, would not be faced with important elements omitted from the document. I, representing Broadmoor Homes, Inc., stated that all of these conditions of approval and restrictions would be included in the CC&R’s for the community that we were building and that such CC&R’s would be recorded with the County. The City Attorney also commented that he would set up a procedure to review these CC&R’s to ensure that all the various items were included therein before recording.

7. Subsequently, on January 16, 1976, Broadmoor Homes, Inc., signed off on the

SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS for Tract 8963 (“SUPPLEMENTARY DECLARATION”), for the 19 Lots on Delicada. This document was recorded with the County of Orange, California, in early February, 1976. The following section below is included in the document (Exhibit 1 at p.2) :

Section 3. 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 height of 17 feet. 177 191
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DECLARATION OF LAURENCE R. LIZOTTE
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.

8. At that time I understood that Sally Sargent’s key concern, and those of the Felicidad residents, was the preservation of the ocean and costal views from the homes on Calle Felicidad. I considered that the City’s condition of approval restricting the height of all items mentioned in section 3, above, that were also imposed in the SUPPLEMENTAL DECLARATION would be sufficient to preserve those views for the future.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on December __, 2020, at Laguna Niguel, California.

Laurence R. Lizotte
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DECLARATION OF SALLY A. SARGENT
I, Sally A. Sargent, currently residing at 1121 Jugador Ct., San Marcos, CA 92078, make the following statements based on my own personal knowledge of the facts and circumstances stated herein:

1. I was a resident of City of San Clemente ("The City") during the period of time that Landmark Financial Corp, and subsequently, Richard B. Smith Co which became Broadmoor Homes, Inc. ("Broadmoor") requested approvals from the City of San Clemente to build homes on Tract 8162, the greater Broadmoor development and Tract 8963, which represents the 19 houses on Calle Delicada and their common areas. This period of the development approval phase of the Broadmoor Community lasted from approximately 1973 to 1976.

2. I lived at 203 Calle Felicidad, San Clemente, CA 92672, together with my late husband Donald Sargent during the development approval phase of the Broadmoor Community.

3. Calle Felicidad ("Felicidad") is the street directly above Calle Delicada ("Delicada").

5. The houses on Felicidad were built by Pacesetter Development Company and my home was built in 1966 as part of the residential development in the City known as Rancho Margarita. Felicidad is the lowest street in the Rancho Margarita Development. Other Rancho Margarita houses were built further east and up the hill from Felicidad. The Rancho Margarita homes were single story and terraced at approximately 20 ft. or greater elevation intervals on the 24 25
hillside providing the homeowners with ocean views.

6. In the early 1970's Landmark Financial Group planned on building two-story 26 single-family residential homes on tracts 8 I 62 and 8963, Deli cad a, which are located directly 27 downhill from Felicidad.
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28 7. Our immediate concern was that the two-story houses would eliminate our cherished ocean views. Consequently, a group of Felicidad neighbors and a few residents on neighboring streets formed a group known as the "Rancho Margarita Associates". The goal of the Rancho Margarita Associates was to communicate our concerns to the City Planning Commission, the City Council and the developers of the 8162 and 8963 tracts, in order to protect the views on Calle Felicidad and any other factors which would negatively impact the Rancho Margarita Associates ("RM Associates") such as traffic and housing density.

10. The 65 members of RM Associates petitioned the City to not deviate from the established Code requirements recommended by the City's Committee on Subdivisions as Landmark, the developer at that time, had requested multiple variances from the Code which we felt would have impacted the Felicidad homeowners. (Seep. 2 of San Clemente Planning Commission Minutes ofJanuary I 0, 1973, attached hereto as Exhibit 1.)

11. During the January 10, 1973, Planning Commission meeting, my neighbor, Fred Keeler, living at 205 Felicidad, specifically asked for clarification as to whether his view would be obstructed by the proposed terraces. He was informed by the developers that the terraces were proposed for 16 to 20 ft. of elevation change so that each terrace would have a view. (Exhibit 1 at p. 4.)

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development. After much discussion with the representatives from Landmark, Landmark agreed to include in their proposed development CC&Rs that would only permit single story houses to be built on lots facing Delicada specifically so that the views from homes on adjacent tracts would not be obstructed. The houses on Felicidad are the adjacent tract.

15. During the period between late 1973 and 1975, various Broadmoor officials approached residents living on Felicidad to explain their plans to build homes below Felicidad.

16. The Broadmoor officials included: Richard B. Smith (founder), Larry Lizotte (Senior Vice President), Dennis Bickler (Director of Property Acquisition and Assistant Division Manager), S. Reid Gustafson (Vice President and Division Manager), R.F. Osgood (Senior Vice President and Secretary), Don Corbin (architect at Morris & Lohrbach Architects), and John Hazeltine. We emphasized to Broadmoor that our existing ocean and coastal views were extremely valuable and needed to be preserved if they wanted the support of the RM Associates for the development of any new homes.

17. There were several meetings between the Broadmoor officials and the Felicidad 22 23
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28 homeowners, some of which took place in my home, at 203 Calle Felicidad. Through this series of meetings, many compromises and concessions were made by all parties concerned to the satisfaction of both Broadmoor and the Felicidad homeowners. One such meeting was held on -4-
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ovember 27, 1973, by Larry Lizotte and RM Associates. (See p. 6 of the San Clemente Planning Commission Minutes ofNovember 28, 1973, attached as Exhibit 2.)

18. At the Planning Commission Meeting held on November 28, I 973, Mr. Keeler and I represented the Felicidad Homeowners. We were insistent that the height difference between Delicada and Felicidad would be a minimum of20 ft. Broadmoor agreed to this and that only single level homes would be built on Delicada with a maximum roof height of 17 ft. so as to preserve the views from Felicidad. We asked that these conditions would be imposed on the Broadmoor development even though the Broadmoor developers had previously given us their word. (Exhibit 2 at p. 7.)

19. Consequently, the Planning Commission passed a motion to approve the Broadmoor plan with the added conditions to the approval and to the CC&Rs that:
l) the building pads on Delicada be a minimum of20 ft. below the pads of the existing homes on Felicidad, and
2) all homes be single story no higher than 17 ft. and at no time can a second story or other structure be added which would exceed the I 7 ft. height limit. (Exhibit 2 at p. 7.)

20. I was also present at the December 19, 1973, City Council Meeting. Larry Lizotte presented the revised plan for the development at the public hearing portion of the meeting. Bill Kerns addressed the Council apprising them that RM Associates had spoken with the Broadmoor officials and had requested the following before allowing Broadmoor to build:
1) That the first row of houses which are on Delicada be at least 20 ft. below the pads of the houses on Felicidad, and that their roof height is limited to 17 ft. 2) That the CC&Rs include a statement that the houses on Delicada cannot add to the height of those buildings
3) That the size of the houses would be larger than 1720 sq. ft. (See pp. 1-2 of the San Clemente City Council Minutes of December 19, 1973, attached hereto as Exhibit 3.)
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22. Concerned for their view, the Felicidad neighbors were worried that the houses planned for Delicada may have been taller than the 17 foot restriction called for in the CC&Rs.

23. Still concerned for our views, we requested that an additional model be measured which appeared to be taller than the others. I wrote a second letter to Mr. Ahlman, dated February 11 , 1975, to physically measure model 1 A I was present, along with two neighbors at the site inspection and measurement of the model in question. The measurements were 17 feet l inch or less. We considered this within the tolerance of compliance with conditions imposed by the City Council and the CC&Rs. Attached hereto as Exhibit 4 is a true and correct copy of the correspondence dated November 13, 1974, to Mr. Ahlman, Planning Director, City of San Clemente.

24. I was present at the January 7, 1976, City Council meeting where the tract map for Tract 8963, (the Delicada Tract) was approved. As I was specifically concerned about the views -6-
DECLARATION OF SALLY A. SARGE T
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28 from Felicidad, I asked for assurances that certain provisions in the final tract map be included in the CC&Rs when recoded with the County so the City would not be faced with important elements omitted from the documents as had happened in other situations. As the Felicidad neighbors were relying on the conditions of approval of the tract map and the CC&Rs to protect their views in perpetuity. These conditions included the single story, 17 ft. height restriction on structures and 17 ft. height restriction on trees, bushes and shrubs. (Seep. 7 of the San Clemente City Council Minutes of January 7, 1976, attached hereto as Exhibit 5.)

26. Subsequently, on January 16, 1976, Broadmoor Homes, Inc., submitted its SUPPLEMENTARY DECLARATION OF COVE ANTS, CONDlTIO S AND
RESTRICTIONS for Tract 8963 ("SUPPLEMENTARY DE CLARA TIO '), for the 19 Lots on Delicada. This document was recorded with the County of Orange, California, in early February, 1976. The following section below is included (Exhibit 6 at p.2) :

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.

27. We were told by the City and Broadmoor that the abovementioned SUPPLEMENTARY DECLARATION, in addition to the condition of approval limiting the heights of all plants and building, would be sufficient to protect the views from Felicidad in -7-
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perpetuity as the limit of the structures and landscape was set at 17 feet.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

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DECLARATION OF SUSAN P. RICE
I, Susan P. Rice, make the following statements based on my own personal knowledge of the facts and circumstances stated herein:

1. I am a long-time resident of the City of San Clemente. Beginning in 1968, I lived in a home located at 301 Calle Felicidad, San Clemente, with my then-husband, Alan Jay Rice.

2. The Pacesetter Development Company was the developer that built my home as 7 part of the residential development in the City known as Rancho Margarita. The completed 8 Rancho Margarita homes were terraced at 20-foot intervals on a hillside overlooking the 9 coastline.
10 3. In the early 1970s, there was no development on the land located below Calle 11 Felicidad, where the Broadmoor community is now located. This land was previously an old 12 landslide complex with coyotes, deer and other wildlife wandering over the open brush and hills. 13 4. Because there was no development downhill, the homes on Calle Felicidad had an 14 unobstructed, clear view of the ocean and coastline, including scenic views of the Dana Point 15 Harbor and Catalina Island.
16 5. Shortly after my husband and I purchased our home, Landmark Financial Group 17 wanted to build two-story single-family residential homes on tracts located downhill from Calle 18 Felicidad.
19 6. A group of neighbors on Calle Felicidad that were concerned with protecting the 20 existing community from ill-planned developed formed a group known as the "Rancho Margarita 21 Associates". The group's objective was to prevent any negative impacts of new development on 22 their existing community.
23 7. The Rancho Margarita Associates group became well known to City officials and 24 included approximately 65 members, including myself, Alan Jay Rice, William Kerns, Fred 25 Keeler, Frank and Maryanne Dreher, Richard and Karoline Koester, Bob and Jody Dilworth, 26 Bob and Joan Kahrs, and Donald and Sally Sargent.
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8. Our group of neighbors organized to file petitions and comment letters with the Planning Commiss· d c· c ·1 • ton an 1ty ounc1 m order to express our concerns about development of the downhill tract.

10. I personally attended many Planning Commission and City Council meetings where City officials considered approvals for the Broadmoor community.

11. During the period between late 1973 and early 1974, various Broadmoor officials 11 tactfully approached every resident living on Calle Felicidad to explain their plans to build 12 homes below Calle Felicidad.
13 12. The Broadmoor representatives included: Richard B. Smith (founder), Larry 14 Lizotte (Senior Vice President), Dennis Bickler (Director of Property Acquisition and Assistant 15 Division Manager), S. Reid Gustafson (Vice President and Division Manager), RF. Osgood 16 (Senior Vice President and Secretary), Don Corbin (architect at Morris & Lohrbach Architects), 1 7 and John Hazeltine.
18 13. Broadmoor knew that it needed our support in order to get the City's approval for 19 the Calle Delicada homes. There were several meetings between the Broadmoor officials and 20 the Calle Felicidad homeowners, many of which took place in our homes. Through this series of 21 meetings, many compromises were made to the satisfaction of Broadmoor and the Calle 22 Felicidad residents.
23 14. We emphasized to Broadmoor that our existing ocean and coastal views were 24 extremely valuable and needed to be preserved if any new homes were to be built. 25 15. One of the issues Broadmoor encountered was the narrow sizes of the proposed 26 Calle Delicada lots. The dimensions ofBroadmoor's original plans did not comply with the 27 City's Code requirements.
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16 • Broadmoor sought a solufon to the insufficient lot s;,.s on Calle Delicada by asking individual homeowners on Calle Felicidad to give up a portion of the hHbide slopes on their properties, so that depth could be added to the Calle Delicada lots. This was to be accomplished by re-grading the slopes belonging to the Calle Felicidad Homeowners.

18. City staff did not support deleting the required sidewalk between Calle Felicidad and Calle Delicada.

20. 15 that our panoramic views would be preserved and protected despite the construction of the new 16 downhill homes. We were repeatedly assured by Broadmoor that our views would not be 17 obstructed or compromised in any way by the development of the Calle Delicada properties.

In return, Broadmoor went out of their way to assure Calle Felicidad homeowners 18 21. During the meetings with Broadmoor, the Calle Felicidad residents agreed to the 19 following concessions in favor ofBroadmoor:
20 1. Broadmoor could completely remove our rear slopes by shearing away all of the 21 dirt embankment, thereby creating a 30 foot shear drop from our backyards. This 22 was deemed to be a crucial element necessary to re-compact, solidify, and 23 reconfigure the angle of our backyard slopes. Broadmoor had to do this in order 24 to stabilize potential slippage zones they supposedly detected on our properties 25 prior to cut and fill operations for the homes on Calle Delicada. 26 27
28 11. We agreed to sign waivers for the City to eliminate the construction ofa sidewalk at the foot of our slopes on Calle Delicada, which allowed Broadmoor to gain land it needed for the new lots to be approved.

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1 22. In exchange for the concessions granted by the Calle Felicidad homeowners, there 2 were two primary concessions granted and guaranteed by the Broadmoor officials:
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7 1. There would never be any two-story homes built in the Broadmoor community that would interfere with the views of any Calle Felicidad resident.

11. There would never be any tree, bush, or other landscaping, or any structure which would block or inhibit the existing views of the Calle Felicidad residents. Any potential impediment would be limited to a maximum height of 17 feet on Calle 8 Delicada - with no exceptions.
9 23. Broadmoor entered into agreements with myself and other homeowners who 10 provided authorization for Broadmoor to regrade our individual slope areas. This would allow 11 Broadmoor to have additional area for the proposed lots on Calle Delicada because the work 12 involved reconfiguring our existing slope into a steeper angle with a more abbreviated top. 13 24. I entered into the attached agreement to authorize grading with Broadmoor on 14 February 16, 1974.
15 25. The process to regrade our slopes was a significant undertaking that involved 16 heavy earthmoving equipment and extensive construction work in our back yards. I took 17 pictures to show the extent of the grading work, attached hereto. 18 26. In exchange for our cooperation, Broadmoor agreed that the height restrictions 19 that were meant to protect our views would be included in a recorded declaration of covenants, 20 conditions and restrictions (CC&Rs) that would be recorded against each of the 19 homes on 21 Calle Delicada.
22 27. The City knew about, and was involved in, negotiations between Broadmoor and 23 the Calle Felicidad homeowners, that resulted in Broadmoor's agreement to include a height 24 limitation on the Calle Delicada homes. The City also imposed the height limitation as a 25 condition of approval in connection with its approval of the Calle Delicada homes. 26 28. The restriction was intentionally included in the CC&Rs by Broadmoor as an 27 additional assurance to Calle Felicidad residents that all trees would be maintained not to exceed 28 17 feet and any violations would be enforced by the Association created by Broadmoor.

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I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on May~ 2020, at San Clemente, California.
~ I
Susan P. Rice
/: ~
DECLARATION OF SUSAN P. RICE
289
191 205
Hr. Dick Ahlaan, Planning Director
C(ty of Sen Cl ente
City Ha.U
100 Auen!da Presidio
SCln Clemente, CA 92672
20) Calle FeUcidad
Sen Clononte, CA 92672
NoueJ!.hQr 1;J 1974
Re: Tract Ho. 8597 Broadlloor ROCKls
e, the underJtigruzd, an requesting that an on- {tc, phy:1ical inpcct ion bo aad" of the in the abouo tract to aa1'e sure that hey are, in fact, confo illg to th 17 foot hei_ht Zill{tatfon placed o.n all as ln the tract en H m:ur granted final ap ,roual blJ thQ c(ty c:ouncit. (See Sectfon 22, ~gC! 15 of tho recordeii CC&R1a /o~ thi tract.)
e J e L jwi ti/f.ed f.n «alting this Nq st since a prirl UAinor easure- (Utf by a :staff eotber Ln the plaMtng deP!Jrtl::ent indicatcrd that at least one oft actual buildin ~Lans bJI 1.iLc, y exceed t~..q 17 foot Loht Lf it.
fact that ing this nquest has alr'10dy b~
to Lcr Pnsident of Broa es. He assured
• to ClX'Ce
rt on your findings
th11 uarious utuior
, ich o hlghar rL hen othara)
in San Cl he cuiU, itt
..___.- ~ ~ =a.=...=;.;=-:::......::.=:c..._::e..:,,_=.::=...::c.;-=...:........::c:co-'a= &=--=---=o/ Che part (es. cc: Larry Lt2ott•
Tony Di G!ouann(
Pat Lane
Ctarl•s Fo.,c
{ll be uel'JI rtUCh appra<:iatad aG this
r.:!. to lr:Jua includ d1 and im1 r.ao llli"h
~-~! itatior. is actually being obs rued.
290
192 206
November 13, 1974 Dick Ahlman -2-
Re: Tract No, 8597 Braadnwor Homes - Additional Signatures 291
193 207
.... --
(
Dec r 6, 1974
l
R : Tr ct No. 8597
Bro r ff
r lettff of No
requested an on-site 1 inspectf e
Broa r Tract to e confanance with ta- ed on alt thts ts pl t n n w d oeca!ller 5. 1974. of thos the
height 1n evatf pect1o 1 2c.
located at 101 Aven1da Prestd1o. 623 C.lle
d eir heights re. res t1 ely. 16r t•., 17 10" and 16111•.

Enclosed are copies of a plot plan and construction sequence schedule, further tdent1fy1ng thes propert1 •
ta ting with the aY"Chitect. advised that the
elevattons on our approved plans are not to
If you hav any further question on hi tter. please advise me.

RTA:pt
cc: ti ty agetLarry Lizotte
Counctl D1 G10VIM1 r.oun,11 n Lan
C.Ouncn n Fox
V ry truly you ,
Richard T. Ahl n, Director
Dept. of Bufldtng & P1ann1 g
292
194 208
Hr. Richard T. Ahlllan, DirQCtor
Dept. of Building & PLaMing
City of San Cl '21lte
200 Aumida PNs(dio
SCI\ Cle ente, CA ')2o'J2
San Ct entv, CA 92672
Febr1Jt1ry Zl, 1975
Re: Housa Beighta in Tract 8597
Broa oor Hoz:tea
Dear Hr. .Ah llr.aru
Thank you for your L11tter of 22-6-74 in hich you advised th11 h CO(Qt rs on Catle Fel{eidad r gardi.ng the hatghts of the uar!o~ ~odels (r. Br04dl:ll:,or Tract #8597, specifically deto 2C, JB and~, and the fact tha.t nea ure cnts indicat~ that thy are in con/of"/!lllrl.C ith the l? Jt. height lt•it placed on the tract.

Ve Nally apprec(atq the /i.ne cooperation IOCl Jvwe recoived jT'OIA your depart11ent and noco uiould Hite to request that one addition.al plany od 1 1A be mQClsured to in.sure tlult it, too, does not excoQd the 12 ft. li1J1itaCion. It is tht1 genercl feeling of the ho r ~ CaLte Pelicidad that the ridgetine on del lA appears to be high•~ mn on any other odel.

Ye are, therefore, a3hing for a physicat on-aite
particular i::od11t in at l,10st two locationa as me
by those in coratruction thct actual indiuid~ t
f._rom a standard plan.
w~ ar11 also as~in9 that you noti/u Hrs. Karoline Ko sterp phon - lllhen th& surci ent ia planned as uld l Uul to mua
rlilprlil Gntatiue oj our group in attendallctt.

Again, we {tlQUld 1. Ute to exprHa our tht:Jnks for titer coopcrrat lon me /VJ119 al1DOys reccriucrd !roat th11 p1.ann(ng departunt. 293
195 209

11.rs. s~ l ly Sargent • et al
San Clemente, Ca.

Dear I lrs. Sargent:

FebruarJ 13., 197!J
R~: ~ouse Heights in Tract 65~7
Broadmoor tioltJ?s
As a result of your letter of February 11, this depilrt:nent il1d, on februat"'J 12. phJsic.illy m.!asure till:! he1snt of those Groadiour 1cl'ies ueslgnate<l iil your request. Th\s was dune in th~ pres~net: of Sally Sargent and t110 otili:!r lad1c!; from the netgnboring area.

Th~se homes riere found to measure, resptctiv~ly, 11•11~•. 16 • 10", and 17 • l ". iThis ICC!asurc "rtt uils fr the top of th!! roof to the estiliJated finish grade.
___ It is our opinion that t!le dev~lo;,~r is fo bes~c cot\J)lhnte ith t>1e cor.-mf tmcnt he r:ia.le to th~ n~1ghbo.,.tng residents ~en the tract was processing tl\roug, the city.

RTA:pc
cc: Councilman Pijt Lane
Very truly yours,
Richard T. Aillraan, Di roctor
Dept. of Building r. Planning
Councilman Charles Fox
Councilman .Antnony Di Giovanni
Larry Lizotte
l
294
196 210
Subject
From
To:

Cc:

Fw: Broadmoor Association Tree Heights
reva.wright
Adam Atamian <[email protected]>
ryan compassprope ymanagemen .com
<[email protected]>,
[email protected]
<[email protected]>,
Reva Wright >, Josh
Smisko <jsm y es.net>
Date Dec 20, 2024 at 3:14 PM
HI Adam,
Just to keep you in the loop, Felicidad Homeowners have still not heard from Broadmoor representatives.

On December 2, the Broadmoor representatives (copied) were provided with 3 dates that Felicidad Homeowners could be available to meet (Dec 5, Dec 20 and Jan 2. However, 2 of those dates have now passed. Consequently, we are assuming that this matter will be addressed and resolved at the January 14 Council meeting.

Take care and best wishes!
Reva Wright Buck
295
orwarded Message
From: Josh Smisko <[email protected]>
To: reva.wright < t>; Atamian, Adam
<[email protected]>
Sent: Wednesday, December 11, 2024 at 02:11:56 PM PST
Subject: RE: Broadmoor Association Tree Heights
Hi Adam,
The Board should have a response out shortly.

Regards,
Joshua Smisko
Senior Counsel
HICKEY & ASSOCIATES, P.C.
27261 Las Ramblas, Suite 120
Mission Viejo, CA 92691
Tel: (949) 614-1550
Fax: (949) 748-3990
[email protected]
WARNING: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. It contains information from the law firm of Hickey & Associates, P.C. which may be privileged, confidential and exempt from disclosure under applicable law. Dissemination or copying of this e-mail and/or any attachments by anyone other than the addressee or the addressee's agent is strictly prohibited. If this electronic transmission is received in error, please notify Hickey & Associates, P.C. immediately at (949) 614-1550. Thank you.

From: reva.wright
Sent: Wednesday, December 11, 2024 12:48 PM
To: Atamian, Adam <[email protected]>
Cc:
197 211
---- ----------
296
You don't often get email from . Learn why this is
important
j g ;j g ;
[email protected];
[email protected]; Josh Smisko
<[email protected]>; Reva Wright
Subject: Re: Broadmoor Association Tree Heights
Hi Adam,
FYI, the Felicidad Homeowners have not heard from any Broadmoor representatives.

Take care,
Reva Wright Buck
On Monday, December 2, 2024 at 04:54:37 PM PST, Atamian, Adam <[email protected]> wrote:

Dear Mr. Smisko and Mr. Phillips,
198 212 297
Cc’d on this email are the Felicidad homeowners who have currently expressed interest in meeting with the Broadmoor Community Association to discuss the tree height issues present on properties within the Broadmoor Community. As discussed by the City Council at their last meeting, this is an opportunity to resolve these issues between the parties. We encourage both parties to participate in this effort, and hope for a timely resolution. While the meeting attendance, location, date and time, will be up to the two parties, I am aware that the Felicidad homeowners have indicated the following times as available:
• Thursday, December 5 after 5 pm
• Friday, December 20 after 5 pm
• Thursday, Jan 2 after 5 pm
I will leave the final coordination of this up to the Broadmoor Community Association and interested Felicidad homeowners.

Please note, I do not need to be Cc’d on all future emails on this, but I would like to kept apprised on the progress of these discussions especially as they relate to a final resolution of the issue. Thank you all for your participation in this matter, and I wish you the best in your discussions!
Sincerely,
Adam Atamian, MPA, AICP
Community Development Director
Community Development Department
910 Calle Negocio
San Clemente, CA 92673
p: (949) 361-6196
[email protected]
P Please consider the environment before printing this e-mail 199 213 298
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200 214 299
201 215 300
202 216 301
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204 218 303
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206 220
Subject RE: Inspection Re-Schedule
From Josh Smisko <[email protected]>
To:

Cc:
yan
<ryan compasspropertymanagement.com>,
Krystal Cervantes
<[email protected]>,
tamIan <[email protected]>, Andy
Hall <[email protected]>
Date Today at 12:24 PM
If you have a tree impacting your view. I suggest you agree to an inspection. If you want to continue to create obstacles to improving your view. then do not comply.

Regards,
Joshua Smisko
Senior Counsel
HICKEY & ASSOCIATES, P.C.
27261 Las Ramblas, Suite 120
Mission Viejo, CA 92691
305
Tel: (949) 614-1550
Fax: (949) 748-3990
[email protected]
WARNING: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. It contains information from the law firm of Hickey & Associates, P.C. which may be privileged, confidential and exempt from disclosure under applicable law. Dissemination or copying of this e-mail and/or any attachments by anyone other than the addressee or the addressee's agent is strictly prohibited. If this electronic transmission is received in error, please notify Hickey & Associates, P.C. immediately at (949) 614-1550. Thank you.

From:

Sent: Tuesday, March 11, 2025 12:20 PM
To: Josh Smisko <[email protected]>
Cc: reva.wright John Milroy
; Ryan Phillips
<[email protected]>; Krystal
Cervantes <[email protected]>;
Adam
Atamian <[email protected]>; Andy Hall
<[email protected]>
Subject: Re: Inspection Re-Schedule
Mr Smisko , are you saying the Broadmoor HOA
regulations / bylaws state that the 17 ft height restriction is only applicable if views are impaired / impacted ?
That is a subjective criteria vs 17 ft which is not
subjective . Would Broadmoor allow a second story on
any home if it does not impair or block anyone’s views? Regards
Bill Garcia
Sent from my iPhone 207 221 306
Sent from my iPhone
On Mar 11, 2025, at 11:32AM, Josh Smisko
<[email protected]> wrote:

Regards,
Joshua Smisko
Senior Counsel
HICKEY & ASSOCIATES, P.C.
27261 Las Ramblas, Suite 120
Mission Viejo, CA 92691
Tel: (949) 614-1550
Fax: (949) 748-3990
[email protected]
WARNING: This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521. It contains information from the law firm of Hickey & Associates, P.C. which may be privileged, confidential and exempt from disclosure under applicable law. Dissemination or copying of this e-mail and/or any attachments by anyone other than the addressee or the addressee's agent is strictly prohibited. If this electronic transmission is received in error, please notify Hickey & Associates, P.C. immediately at (949) 614-1550. Thank you.

From: reva.wright
Sent: Tuesday, March 11, 2025 11:27 AM
To: John Milroy >; 'Ryan Phillips'
<[email protected]>; 'Krystal
Cervantes' <[email protected]>;
Josh Smisko <[email protected]>
Cc:
208 222
- -_---___ _
307
Cc:
; 'Adam Atamian' <atamiana@sanclemente.org>; 'Andy Hall' <[email protected]> Subject: Re: Inspection Re-Schedule
Hi Josh,
We still don't have answers to our 5 questions below. Simply telling us that this is how it's done for Broadmoor members is not adequate.

Just simply drive down Delicada. It's blatantly clear which properties have trees and foliage over the rooftop. There is not even a need for a measuring tape.

Felicidad Homeowners feel the HOA continues their game of deny, delay and avoid.

Regards
Reva Wright Buck
On Tuesday, March 11, 2025 at 10:13:43 AM PDT, Josh Smisko 209 223 308
<[email protected]> wrote:

Felicidad Owners,
As I understand it, Compass doesn’t always know which
Board or Committee member is available and when to
attend. This is no different than a request that any
Broadmoor member would receive for a similar issue.

Regards,
Joshua Smisko
Senior Counsel
HICKEY & ASSOCIATES, P.C.
27261 Las Ramblas, Suite 120
Mission Viejo, CA 92691
Tel: (949) 614-1550
Fax: (949) 748-3990
[email protected]
WARNING: This e-mail is covered by the Electronic
Communications Privacy Act, 18 U.S.C. 2510-2521. It contains information from the law firm of Hickey & Associates, P.C. which may be privileged, confidential and exempt from disclosure under applicable law. Dissemination or copying of this e-mail and/or any attachments by anyone other than the addressee or the
addressee's agent is strictly prohibited. If this electronic transmission is received in error, please notify Hickey & Associates, P.C. immediately at (949) 614-1550. Thank you.

IRS CIRCULAR 230 NOTICE. Pursuant to requirements related to practice before the Internal Revenue Service, any tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for purposes of (i) avoiding penalties imposed under the United States Internal Revenue Code or (ii) promoting, marketing or recommending to another person any tax-related matter.
210 224 309
From: John Milroy
Sent: Tuesday, March 11, 2025 8:35 AM
To: 'reva.wright' >; 'Ryan Phillips'
<[email protected]>; Josh Smisko
<[email protected]>; 'Krystal Cervantes'
<[email protected]>
Cc:
; 'Adam Atamian' <atamiana@sanclemente.org>; 'Andy Hall' <[email protected]> Subject: RE: Inspection Re-Schedule
Krystal,
We agree with Reva Wright. Since your response does not address Felicidad questions, will not be available on Thursday.

Regards,
John Milroy
From: reva.wright >
Sent: Monday, March 10, 2025 12:19 PM
To: Ryan Phillips
<[email protected]>; Josh Smisko
<[email protected]>; Krystal Cervantes
<[email protected]>
Cc:
211 225
-----------------
-
-----------------
--------------- ----
310
; Adam
Atamian <[email protected]>; Andy Hall
<[email protected]>
Subject: Re: Inspection Re-Schedule
Krystal
your response does not address our questions.

As a result, will not be available on Thursday.

Frankly, the homes in violation of the height restriction you should be "inspecting" are on Delicada.
take care,
Reva Wright Buck
On Monday, March 10, 2025 at 11:45:35 AM PDT, Krystal
Cervantes <[email protected]> wrote:

Good morning,
We answered the questions on 2/25 (attached). It is your 212 226
-
-----
311
q ( ) y
prerogative not to participate so please let me know by 4:00pm on Wednesday, 3/12 if your home should remain on the list for inspection.

Thank You,
Krystal Cervantes
Operations and Accounting Manager
Compass Property Management
302 N. El Camino Real, Suite #100
San Clemente, CA 92672
Office (949) 429-7717, ext. 234
Fax (949) 429-7718
www.compasspropertymanagement.com
We’re Hiring!
Join our team and be part of something great! We’re looking for a talented Association Manager to grow with us. To apply, please email me your resume or you can apply here
https://www.linkedin.com/jobs/view/4108482432
From: reva.wright <[email protected]>
Sent: Monday, March 10, 2025 10:22 AM
To: Krystal Cervantes
<[email protected]>; Ryan Phillips
<[email protected]>; Josh Smisko
<[email protected]>
Cc:
213 227
-------------- ----
--------------- ----
-----------------
312
; Adam Atamian <atamiana@sanclemente.org>; Andy Hall <[email protected]> Subject: Fw: Fwd: Inspection Re-Schedule
Hi Krystal
Per our previous 3 unanswered information requests to Compass, (email strings attached), I have provided a little more clarity surrounding our questions:

1. Who exactly is to arrive at our homes?

1. Full name, affiliation and position
I am not comfortable allowing strangers into my home to conduct an unknown type of “inspection”.

2. Exactly what is the purpose and what do they intend to do at our homes?

3. Why are the pictures which you previously requested, not adequate for your purposes?

1. Any pictures taken during “inspection”, should be approved by and provided to, the Homeowner

4. Why can you not simply drive down Delicada and easily see which trees are over the rooftop, which is the 17’ height limit?

1. The 17’ height limit (which is the roof height) is not subjective to anyone's assessment. It is a specific condition of approval surrounding roof, tree and foliage height.
* For your convenience and in the event that anyone challenges th f h i ht I h tt h d 2 l tt f th Cit Pl i
214 228 313
the roof height, I have attached 2 letters from the City Planning Commission confirming to Felicidad Homeowners that all models were measured and rooftops measure within 16'10" and 17'1", which makes it quite obvious in identifying trees and foliage over the 17’ limit

1. Please see Exhibit 4

5. Why are you not addressing all the neighbors on Calle Felicidad?

1. Every Felicidad property was assured that the height limit would be observed by Broadmoor as well as the City
Planning Director, and are entitled to enforcement without being subjected to invasive and unnecessary harassment
If a representative is unable to provide this information by end-ofday on Wednesday, please be advised that 203 Felicidad will not be available on Thursday.

Take care,
Reva Wright Buck
Sent from Yahoo Mail for iPhone

On Wednesday, March 5, 2025, 1:34 AM, reva.wright
i h@ 215 229 314
<r wrote:
thanks Krystal
Per my 2 prior requests, please kindly respond to the
questions below:

1. Who exactly is to arrive at our homes?

2. Exactly what is the purpose and what do they intend to do at our homes?

3. Why are the pictures which you previously requested not adequate for your purposes?

4. Why can you not simply drive down Delicada and easily see which trees are over the rooftop, which is the 17 ft height limit.

5. Why are you not addressing all the neighbors on Calle Felicidad?
Regards
Paul Buck
Sent from my iPhone Sent from Yahoo Mail for iPhone

On Wednesday, March 5, 2025, 7:12 AM, Paul Buck
<p > wrote:

Sent from my iPhone
Begin forwarded message:

From: Krystal Cervantes
<[email protected]>
Date: March 3, 2025 at 6:36:15PM GMT+1
To:

Subject: Inspection Re-Schedule
Good morning,
216 230
-----------------
315
We have re-scheduled the inspection for those that weren’t available on 2/27.

We will be at your properties to perform the requested
inspections on 3/13 starting at 9:00am.

This is the scheduled order:

Thank You,
Krystal Cervantes
Operations and Accounting Manager
Compass Property Management
302 N. El Camino Real, Suite #100
San Clemente, CA 92672
Office (949) 429-7717, ext. 234
Fax (949) 429-7718
www.compasspropertymanagement.com
We’re Hiring!
217 231
-------------- ----
316
Join our team and be part of something great! We’re looking for a talented Association Manager to grow with us. To apply, please email me your resume or you can apply here
https://www.linkedin.com/jobs/view/4108482432
Dear Homeowners,
Compass has been tasked to investigate reported tree violations as they have been conducted over the years with the homeowners of Broadmoor. When a complaint is filed, we, along with a Board member visit the site and verify the complaint. This is the first step in the violation process. Once confirmed the next step in the process is implemented per the Broadmoor governing docs. This is and has been the process for those in the Broadmoor community.

If you are not available at this time for the 2/27 date, we will have to get back to you on our next available date.

Thank You,
Krystal Cervantes
Operations and Accounting Manager
Compass Property Management
302 N. El Camino Real, Suite #100
San Clemente, CA 92672
Office (949) 429-7717, ext. 234
Fax (949) 429-7718
www.compasspropertymanagement.com
We’re Hiring!
218 232
-------------- ----
317
Join our team and be part of something great! We’re looking for a talented Association Manager to grow with us. To apply, please email me your resume or you can apply here
https://www.linkedin.com/jobs/view/4108482432
From: Paul Buck >
Sent: Tuesday, February 25, 2025 1:29 PM
To: Krystal Cervantes
<[email protected]>
Cc: Reva Wright Buck < >;
Paul Buck >; Ross
Peterson >; John Milroy
; Antonia Sipes >
Subject: Re: Inspection Scheduled
Thank you Krystal:
is not available on February 27th.

We have a few questions:

1. Who exactly is to arrive at our homes?

2. Exactly what is the purpose and what do they intend to do at our homes?

3. Why are the pictures which you previously requested not adequate for your purposes?

4. Why can you not simply drive down Delicada and easily see which trees are over the rooftop, which is the 17 ft height limit.

5. Why are you not addressing all the neighbors on Calle Felicidad? 219 233
-----------------
318
Thank you in advance for your responses. Please confirm receipt of this message.

Regards
Paul Buck
Sent from my iPhone
On Feb 25, 2025, at 9:22PM, Paul Buck
wrote:

Sent from my iPhone
Begin forwarded message:

From: Krystal Cervantes
<[email protected]>
Date: February 25, 2025 at 9:05:25PM GMT+1
To: , Paul Buck < >,
Ross Peterson , John Milroy
< Antonia Sipes
Subject: Inspection Scheduled
Dear Homeowners:

We will be at your properties to perform the requested
inspections on 2/27 starting at 9:00am.

This is the scheduled order:
220 234
- ----
319
Thank you for your cooperation.

Date Feb 4 at 4:11PM
Dear Reva,
Our firm represents the Broadmoor San Clemente Community Association (“Association”), and we are reaching out on behalf of the Association’s Board of Directors regarding your recent interactions with the Association, as well as the San Clemente City Council and staff, concerning potential tree height issues on Calle Delicada that may be affecting your view.

If a tree or other structure on a neighboring property along Calle Delicada exceeds 17 feet in height and is directly impacting your view in a significant way, please submit your concerns to the Association’s Community Manager, Ryan Phillips/Krystal Cervantes at Compass Property Management, via email at
[email protected]. Be sure to include the address of the property in question along with photographs taken from your lot that clearly illustrate the issue.

Please direct any and all future correspondence on this matter to Compass Property Management. Thank you.

Regards,
Joshua Smisko
Senior Counsel
HICKEY & ASSOCIATES, P.C.
27261 Las Ramblas, Suite 120
i i Vi C 22236 3212
Mission Viejo, CA 92691
Tel: (949) 614-1550
Fax: (949) 748-3990
[email protected]
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Attachment 3

APPENDIX C
239

CITY OF SAN CLEMENTE
Tuesday, March 18, 2025
City Council
Regular Meeting Minutes
4:30 p.m. - Closed Session
5:30 p.m. - Business Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor Knoblock
Mayor Pro Tern Enmeier
Councilmember Cabral
Councilmember Loeffler
Councilmember Wu
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.

A Regular Meeting of the San Clemente City Council was called to order by Mayor Knoblock on March 18, 2025 at 4:30 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock STAFF PRESENT: Andy Hall, City Manager; Elizabeth Mitchell, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk

CLOSED SESSION
Amanda Quintanilla commented on Closed Session Item A - Conference with Legal Counsel - Anticipated Litigation as it relates to previous Closed Session discussions and previously agendized 2026 Mayoral Election for City Councilmembers.

Motion by Mayor Pro Tern Enmeier, second by Councilmember Cabral, CARRIED 5-0, to recess to Closed Session at 4:33 p.m. to discuss the following :

A. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(a)(d)(2)
Number of Cases: 1
Facts and Circumstances per Government Code section 54956.9(e)(1 ):

Facts and circumstances that might result in litigation against the City that the City believes are not yet known to a potential plaintiff or plaintiffs.

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City Council Regular Meeting Minutes

2. Pursuant to Government Code section 54957(b)(1 )&(4) Title: City Attorney
March 18, 2025

7. Staff Communications
None.

8. Public Hearings
BA. CONTINUED PUBLIC HEARING REGARDING THE FAILURE OF

BROADMOOR SAN CLEMENTE COMMUNITY ASSOCIATION TO ENFORCE

CERTAIN COVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS)
Mayor Knoblock opened the Public Hearing.

Community Development Director Atamian reviewed the contents of the Administrative Report and responded to City Council inquiries.

David Hickey, legal counsel for Broadmoor Homeowners Association , spoke on the ongoing efforts by the Broadmoor Community to address the trees that exceed the 17ft height restriction within the Broadmoor Homeowners Association; urged the City to provide additional time for the Broadmoor Homeowners Association to work through their noticing and enforcement procedures.

Linda Williams, Broadmoor Homeowners Association, commented on enforcement action taken by the Broadmoor Homeowners Association ; spoke in opposition to abating violations prima facie and the process for evaluating properties to determine impacts to homeowners on Calle Felicidad .

Reva Buck commented on enforcement action by the Broadmoor Homeowners Association; urged the city to enforce the 17 foot height restriction within the Broad moor Homeowners Association .

Paul Lefcourt, San Clemente, spoke on the Broadmoor Homeowners Association's action since the Novemebr 19, 2024 Public Hearing; urged the City Council to take enforcement action against the Broadmoor Homeowners Association.

Antonia Sipes, San Clemente, commented on action taken by the City concerning the development of the Broadmoor Homeowners Association.

John Milroy. San Clemente, spoke on the Broadmoor Homeowners Association's action since the Novemebr 19, 2024 Public Hearing.

William Garcia, San Clemente, commented on the non-compliance of the Broad moor Homeowners Association.

Paul Buck, San Clemente, spoke on the 17 foot height restriction within the

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City Council Regular Meeting Minutes March 18, 2025
Broadmoor Homeowners Association; urged the City to take enforcement action against the Broad moor Homeowners Association.

Marianne McAuley, San Clemente, expressed concerns regarding the City Council involving itself with Broadmoor Homeowners Association issues .

Angelo Garruba , San Clemente, commented on Buck v. Garruba as it relates to tree height within the Broad moor Homeowners Association.

M'Liz Kelly, San Clemente, narrated a PowerPoint presentation concerning current conditions on the slopes of Calle Felicidad. A hard copy of the presentation is on file with the City Clerk.

John McAuley spoke on City enforcement of the Broadmoor Homeowners Association Conditions, Covenants and Restrictions .

Lisa Garruba, San Clemente, spoke in opposition to any City enforcement of Broadmoor Homeowners Association Conditions, Covenants and Restrictions .

Eric Fermin spoke on the original agreement between the homeowners on Calle Felicidad and the Broadmoor developers.

Broadmoor Representatives David Hickey and Linda Williams responded to comments made by residents ; clarified that enforcement action is being taken by the Broadmoor Homeowners Association but additional time is needed ; responded to City Council inquiries.

Matthew Si lver, Civica Law Group, City Prosecutor, responded to City Council inquiries.

There being no others desiring to speak, Mayor Knoblock closed the Public Hearing.

Motion by Councilmember Cabral, second by Councilmember Loeffler, CARRIED 5-0, to determine that the Broadmoor Association has initiated enforcement of its Covenants, Conditions, and Restrictions (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 .

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None

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326
From: reva.wright
Sent: Sunday, September 7, 2025 9:43 PM
To: CityClerk Mail <[email protected]>; Campagnolo, Laura <CampagnoloL@sanclemente.org> Cc: Barbara Lefcourt >; Bill and Megan Garcia ;
Charisma Fermin < ; Dan Nguyen ; Dave and Penny
Stowe ; Elise Kouatli ; Eric Fermin
>; Gordon Sipes >; Jay and Carol Rice
>; John Carretti ; John & Karen Milroy
>; Kal Kouatli < >; Kim Shanklin
>; Kitty Carretti < >; Moison 1
; Moison 2 >; Moison 3 < >;
Paul Buck ; Paul Lefcourt ; Reva Wright
>; Rhonda Sultan-Ramos ; Rick & Nancy
Hagemeyer >; Ross & Tamara Peterson ;
Toni Sipes >; Jeff Chambers
Subject: Documents for September 16 Council meeting regarding Broadmoor Hi Laura
Attached are 21 documents which should be uploaded to the September 16, 2025 City Council Packet UHODWHGWRWKH%URDGPRRU6SHFLDOPHHWLQJRQ6HSWHPEHU 8QIRUWXQDWHO\,ZDVQ
WDEOHWRDGGDIROGHUZLWKDOOGRFXPHQWVLQFOXGHGVR,KDGWRDWWDFKWKHP LQGLYLGXDOO\
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242

APPENDIX D
327

Page 1 ends

San Clemente City CouncilJanuary 20, 2026

San Clemente City Council
January 20, 2026